HomeMy WebLinkAbout2003 [02] Feb 06 {Book 26}
.college Avenue NW ity of St. Joseph
P.O. Box 668,
St. Joseph, MN 56374 St. Joseph City Council
(320) 363-7201 February 6, 2003
Fax: 363-0342 7:00 PM
CLERK!
ADMINISTRATOR
Judy Weyrens
1. 7:00 PM - Call to Order
MAYOR
Larry 1. Hosch 2. Oath of Office
COUNCILORS 3. Approve Agenda
Bob Loso 4. Consent Agenda
Cory EWert a. Bills Payable: Requested Action - Approve Check Numbers 32386 - 32434
Kyle Schneider b.
Alan Rassier
5. 7:05 PM - Public Comments to the Agenda
6. 7:10 PM - Maintenance Facility- Dean Wick, Proposed change orders
7. 7:20 PM - St. Joseph Economic Development Authority - 2002 Annual Report
8. Department Head Reports - Police Chief Reports
. a. Mutual Aid Agreement
b. Police Policy Manual
9. Mayor Reports
10. Councilor Reports
11. Administrator Reports
a. Street Name Change Request - Little Crow Court to Elm Street East
b. Coalition of Greater Minnesota Cities
c.
12. Adjourn
.
CITY OF ST. JOSEPH 01/31/039:56 AM
Page 1
Bills Payable
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-
:heck # Search Name Comments Amount FUND DEPART OBJ
32386 MORRIS FIRE DEPARTMENT training $19.00 105 42240 331
32387 POSTMASTER utility billing postage $77.24 601 49440 322
32387 POSTMASTER utility billing postage $77.24 602 49490 322
32387 POSTMASTER utility billing postage $77.24 603 43230 322
32388 DOUBLETREE PARK PLACE HOTEL elected official conference $303.60 101 41110 331
32389 GENE LANGE EXCAVATING salUsand shed rent, 2003 $600.00 101 43125 410
32390 HAWKINS WATER TREATMENT GRO tests $29.00 601 49420 312
32390 HAWKINS WATER TREATMENT GRO tests $109.00 602 49480 312
32391 HENRY & ASSOCIATES 1 1/2" meter & reader $426.68 601 49430 220
32392 INTN'L ASSOC CHIEFS OF POLICE' 2003 dues $100.00 101 42120 433
32393 LOSO'S STORE cleaning supplies $12.00 101 42120 210
32394 MARTIN MARIETTA AGGREGATES class 2, 6 loads $261.13 101 43120 220
32395 MINNESOTA SALES AND USE TAX 4th qtr sales tax $108.00 101
32395 MINNESOTA SALES AND USE TAX 4th qtr water tax, sept - oct $271.00 601
32396 MINNESOTA SECTION CSWEA wastewater conf, dick $45.00 602 49490 331
32397 OFFICE MAX copies, council packets $32.96 101 41110 200
32398 ONE CALL CONCEPTS, INC notification-december $20.93 602 49490 319
32398 ONE CALL CONCEPTS, INC notification-december $20.92 601 49440 319
32399 PHILIPPI, MARK install new faucet $163.55 101 41942 220
32400 SCHIRBER, STEVEN 4th qtr ems director $75.00 101 42500 300
32401 SEH engineering-SE utility $1,879.59 425 49490 530
32401 SEH engineering-northland 6 $2,049.75 101 43131 303
<t2d.01 SEH engineering-industrial park imp $1,292.00 425 43121 530
1 SEH engineering-baker st lift station $2,213.80 501 49470 530
v~ù1 SEH engineering-npdes II permit $1,957.00 101 43131 303
,32401 SEH engineering-2002 street improvements $3,650.50 425 43120 530
\32401 SEH engineering-comp plan $2,858.83 101 41910 300
132401 SEH engineering-municipal state aid $867.42 101 43131 303
\32401 SEH engineering-CR 121 $5,296.38 425 43122 530
132401 SEH engineering-transportation planning $1,865.57 101 43131 303
132401 SEH engineering-scpd grant admin $650.85 425 43122 530
)32401 SEH general engineering services $1,673.80 101 43131 303
)32401 SEH engineering-SE utility $8,675.73 425 49490 530
)32402 ST. CLOUD FIRE EQUIPMENT 3 fire extinguishers $54.57 105 42220 210
)32403 KEATING, TOM dare speaker $250.00 225 42155 210
)32404 AFSCME COUNCIL 65 dues, january $256.38 101
)32405 ALEXANDRIA FIRE DEPARTMENT mn state fire dept assoc conf $720.00 105 42240 331
)32406 AT & T WIRELESS SERVICES police car modem $147.00 101 42151 321
)32407 AVENET, LLC registration of cityofstjoseph $90.00 101 41430 321
)32408 CELLULAR 2000 cell phóne $2.18 105 42250 321
)32409 COMMISSIONER OF REVENUE state withhold 1/22 pay $1,032.34 101
)32410 EAST SIDE OIL COMPANY picked up used oil filters $50.00 101 43120 384
)32411 EFTPS federal withhold 1/22 pay $2,386.37 101
)32411 EFTPS fica withhold 1/22 pay $2,478.26 101
)32412 FENEIS ENTERPRISES, INC service contract - january $105.00 101 41946 230
)32413 GRANITE WATER WORKS pipe fittings for manhole $145.02 101 43120 220
)32414 HAWKINS WATER TREATMENT GRO tests $109.00 602 49480 312
)32414 HAWKINS WATER TREATMENT GRO tests $29.00 601 49420 312
)32414 HAWKINS WATER TREATMENT GRO tests $29.00 601 49420 312
)32415 HEALTHY CONNECTIONSrrRI COUNT child passenger safety clinic $50.00 101 42140 331
)32416 HElM, GERALD rent, february $133.00 601 49440 410
)32416 HElM, GERALD rent, february $133.00 602 49490 410
)32416 HElM, GERALD rent, february $134.00 101 43120 410
17 ING LIFE INS & ANNUITY COMPANY deferred comp 1/22 pay $50.00 101
) ¿~1~ K.E.E.P.R.S. INC uniforms, reserve-cruze $27.28 101 42120 102 .
K.E.E.P.R.S. INC uniforms, matt johnson $7.72 101 42120 171
)32419 LAW ENFORCEMENT LABOR SERVIC dues, january $175.00 101
)32420 LEAGUE OF MN CITIES 2003 leadership conf-ross rieke $240.00 101 41110 331
)32420 LEAGUE OF MN CITIES 2003 leadership conf-dalewick $240.00 101 41110 331
CITY OF ST. JOSEPH 01/31/03 9:56 A~/
Page:
Bills Payable
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Check # Search Name Comments Amount FUND DEPART OBJ
032421 MENARDS paint, screws, bolts, foam, lumber $102.05 101 45203 533
032422 MINNESOTA ELEVATOR, INC service - january $65.00 101 41942 220
032423 NCPERS GROUP LIFE INSURANCE life insurance, february $18.00 101
032424 NORTHERN WATER WORKS SUPPLY pocket folders $63.90 602 49480 220
032425 OFFICE MAX binders $22.41 101 42120 200
032425 OFFICE MAX paper $50.17 101 42120 200
032425 OFFICE MAX 3.5 disks, binders, post-it, printer ribbon, paper, $115.82 101 41430 200
032425 OFFICE MAX adobe acrobat 5.0 $266.24 101 41430 581
032425 OFFICE MAX w-2, 1099 envelopes $12.82 101 41530 200
032425 OFFICE MAX 3 hole punch, riser, binders, calc/ruler, pad $158.25 101 41430 200
032425 OFFICE MAX norton anti virus, maxbrite 8.5 x 11 $102.22 101 41430 200
032425 OFFICE MAX retum of monthly planner -$14.97 101 41430 200
032425 OFFICE MAX paper $200.00 101 41430 200
032426 PERA retirement 1/22 pay $3,233.80 101
032427 POSTMASTER 2003 box rent, 4 $24.00 105 42210 322
032428 PRECISE REFRIGERATION INC ignition module-dispatch heater $101.75 105 42280 220
032429 PRINCIPAL LIFE medical insurance, february $10,154.79 101
032430 SHAMROCK LEATHERS, INC plaques, council $48,99 101 41110 430
032431 ST, CLOUD AREA PLANNING ORG, dues, 1 st half 2003 $3,184,00 101 41110 433
032432 STUDER, ELLIE historical society supplies $313.71 101
032433 TIREMAXX SERVICE CENTERS replace starter $56.59 101 43120 220
032433 TIREMAXX SERVICE CENTERS replace starter $56.58 601 49440 220
032433 TIREMAXX SERVICE CENTERS replace starter $56,58 101 45202 220 -
032434 UNUM LIFE INSURANCE disability insurance-february $414.42 101
032434 UNUM LIFE INSURANCE disability insurance-january $414.42 101 -
$66,056.37
.
FEB-03-03 03:30 PM WICK 320 259 4402 P.01
~ .
. Jmmary 29, 2003 40hj~bee
Outsourcc Management Services
841 2nd A venue South
Waite Park, MN 56387 ,
Attn: Dean Wick ~
Rc: Change Order Request #2 (C.O.R. #2)
Maintenance Building
St. Joseph, MN
Dear D¡;an:
Pkt\se see our cost to furnish and install W' 5-ply CDX plywood inlie.\.1 of!/;¡" OSß wall
shl~uthing ior the exterior face of the exterior wall panels. This cost also includes one (I)
layer of ice and water guard installed along the curb wall (246') and 15# building fdt on
top of all exterior sheathing. This request is to reduce any risk of potential water damage
to the sheathing and condensation problems that may occur.
Traeger Agri Sales: $1,400.00
Ice & Wate!" Guard (2) rolls: 164.00
Labor: 66.00
. 15# Building Felt I Staples: 174.00
Lahor: . 448.00
Subtotal: $2,252.00
SBI 10% ülf&P: 225.00
2.5% Bond: 62.00
Total Add: $2,539.00
Please review the above cost with the owner and advise our office as to your decision as
soon as possible. If accepted, please sign and return this proposaJ to our office, so that
we may proceed.
JB/ja
1'..,2·01290,1
Owner's Acceptance Date
1642 75lh ^ vc:nuc: &. ~hingobee Builders. Ine 669 N. Mc:dine .!\t.r~c:l. 1>.0. Box 8
_ ~L Ooud, MN 563014561 Loretlo. MN ~5'357·0008
ßU6: (320)202-l3OO TWl: (320) 202-9192 ÞU4!: (765) 479-BOO fl.1l..: (76:» 479·3267
Cenðral Contractor A. Conðlruclion Managðmcnt ...:1 DCð!ígn/Build A Rca! Edltatc kr'vice
ww\V.shinp.obcc.com
FEB-03-03 03:30 PM WICK 320 259 4402 P.02
T
;~ 0h~~bee .
January 29, 2003
Outsourcc Management Services ~~
84 ¡ 2ml A venue South
Waite Park, MN 56387
Attn: Dean Wick
Rc: Change Order Request #1 (C.O.R. #1)
Mnintcnrmcc Bunding
St. Joseph, MN
Dear D¡,:un:
Plcase see our eost deduct to change the thickness of the steel skin on the ten (10)
overhead doors from 20-gauge to 2ó-gaugc.
St. Cloud Overhead Door: ($ ¡ ,620.00)
Please review the above cost with the owner and advise our office as to your dcciHion as .
soon as possible. If accepted, please sign and return this proposn 1 to our offi ce, so that
we may proceed.
S;¡;~~ ~
Jeff Baggenstoss
Project Manager
JB/ja
('(Irl ·1I12YuJ
Owner's Acceptance Date
1612 75lh ^vcnu:-; <3. ~h¡ngobcc ðuilders, Inc 669 N. Modina ðLreot. P,O. Box 8
6l Cloud, MN 56301·4561 LOl'dlo. MN 5'ß570008 .
ÞU!!: (320) 202-1300 fax' (520) 202-9192 Dus: (765) 479-1500 rax: (763) 179-)2ó7
CC';noral ConlraclOr!~1 ConslrucUon MancöcmonL A D08i811/ßuilJ 4 RCtll E8lliLc &rvicc
'WW\1/ _éhiMobcc.com
.allege Avenue NW ity of St. Joseph
P.O. Box 668,
St. Joseph, MN 56374
(320) 363-7201
Fax: 363-0342
CLERK! Date: January 29, 2003
ADMINISTRATOR
Judy Weyrens Memo To: Mayor Hosch
Council Members
MAYOR City Administrator Weyrens
Larry J. Hosch -r- t1l1 Ë ~ S~
Memo From: Jo~nne Foust and Cynthia Smith- rac, Municipal Development Group
COUNCILORS RE: Annual Report of EDA - 2002
Bob Loso
Cory Ehlert
Kyle Schneider Background:
Alan Rassier Enclosed is a report of annual activities of the St. Joseph EDA for calendar year 2002.
Action:
Following review and comment a MOTION to accept the report is in order.
.
.
2002 ANNUAL REPORT OF THE ST. JOSEPH EDA ·
The following activities and events occurred during the calendar year of 2002.
2002 APPOINTMENTS:
The following appointments to offices were made at the February 20, 2002 EDA meeting:
Chair: Bruce Gohman (At-large representative, tenn expires 2006).
Vice Chair: Larry Hosch (Mayor, tenn expires 2003).
Treasurer: Ross Rieke (At-large representative, tenn expires 2007).
Secretary: Bob Loso (Council representative, tenn expires 2002).
Member at Large: Mike Deutz (tenn expires 2005)
MEETING DATES:
The St. Joseph Economic Development Authority met 14 times during the year 2002. The meeting dates were
as follows:
January 16, 2002 June 19, 2002 November 20, 2002
February 20, 2002 July 17 and July 25, 2002 December 18, 2002
March 20,2002 August 21, 2002
April 17, 2002 September 10 and September 18, 2002
May 15, 2002 October 16, 2002
MISSION:
The mission of the EDA is to provide a professional management program which assists industrial and
commercial development activities that minimize impacts to the environment, transportation system, municipal
water and sewer and financial resources for the City of St. Joseph. ·
2002 PROSPECTSrrECHNICAL ASSISTANCE/COORDINATION
The EDA members and their staff/consultants worked with a number of commercial and industrial businesses
during 2002. Thirty-two (32) new business contacts were made during 2002, and fifteen (15) contacts from
previous years were followed up with. Of the prospects approximately 50% were commercial/service
businesses while 50% were industrial or manufacturing businesses.
Following is a summary of the various contacts. Businesses have been identified with a project number to
protect the confidentiality of the company, which is sometimes a concern while they explore expansion
opportunities.
Project 01-A:
The construction of a 67,000 square foot building is underway for this company in the St. Joseph Business Park
with completion expected by the end of January 2003. The DTED has approved the $42,000 grant to the City of
St. Joseph from the Minnesota Investment Fund for the establishment of a revolving loan fund. A low interest
(4%, 5-year tenn) equipment loan will in turn be given to the company. MDG has been working with DTED, the
Developer's bank and the Developer's legal council regarding the loan documents. The Council approved the
required documents on November 7, 2002. The loan agreement has been executed by all parties and the
original returned to DTED on November 27,2002.
Project 01-B:
This project involved the possible expansion and/or consolidation of several of the manufacturer's property
holdings either within or outside of the City of St. Joseph. The City met frequently met with property owners and
corresponded regularly with Company reprèsentatives regarding retaining/expanding the manufacturing plant.
The company has since renewed its lease on the current facility with expansion plans on hold.
Project 01-E: ·
This project involves the expansion of an existing service business in the community. MDG has remained in
contact with the business on a monthly basis over the past year and one-half. The business has indicated they
City of 81. Joseph EDA 2002 Annual Report 1
· have not proceeded with purchasing land at this time. They may in the future, but construction of a building is
not in their financial plan for three to four years.
Proiect 01-F:
This project involves the locating of a fast food restaurant in the City of St. Joseph. Follow-up discussions
occurred on numerous occasions throughout the year with assistance in locating potential sites and information
regarding the status of individual parcels.
Proiect 01-1:
This company is considering the purchase of approximately 5 acres in St. Joseph Business Park for a 12,000
square foot facility. The company has an option on the lot but is not ready to proceed with the purchase at this
time but is still very interested in expanding at the site in St.· Joseph.
Proiect 01-J:
This developer oWns a commercial subdivision in St. Joseph. MDG has provided information on the available
sites to prospects over the past year. Developer will build to suit.
Proiect 01-K:
This prospect was interested in expanding a home-based business into a larger facility. M DG assisted for
several months by identifying potential sites within the City. The prospect ultimately relocated to Holdingford.
Project 01-L:
The entity purchased an adjacent parcel in 2000 and attempted to expand their facility. The expansion request
was denied. Originally this entity was interested in possibly purchasing vacant acreage and expanding their
facility. MDG assisted by compiling information on possible sites, the amount of acreage needed to afford the
proposed facility and the zoning/plan approval process. The initial development has been suspended. The
dilapidated structure on the adjacent parcel was removed in 2002.
· Proiect 01-M:
This prospect requested information about expanding in the Buettner Business Park. MDG forwarded
information on available lots, assessments, covenants, financial incentives available, zoning requirements and
contact information. Follow-up correspondence occurred on several occasions. The prospect ultimately
decided not to expand.
Project 01-N:
This commercial business is considering the construction of a 3,000 square foot office facility in St. Joseph (not
in the St. Joseph Business Park). MDG followed-up numerous times throughout the year. The company had
been looking at a lot in the newly annexed K&L Properties but is now open to other commercial sites.
Proiect 01-0:
This prospect was interested in acreage within Buettner Business Park for a start-up manufacturing business.
MDG follow-up with the prospect numerous times throughout early 2002. The prospect has since indicated
raising capital is a primary concern at this point. This project is on hold.
Project 01-0:
The SCAEDP forwarded information on a manufacturer examining the possibility of expanding into the St. Cloud
area. MDG prepared a proposal including potential sites, amenities, infrastructure, financial incentives and
zoning information. After several follow-ups the City of St. Joseph was ruled out as a potential location due to
its distance from the St. Cloud Airport.
Proiect 01-S:
This lead was received from a local commercial real estate agency. A letter and information regarding Buettner
Business Park was forwarded to the agency. No further information was received on this lead and it has been
placed in the inactive file.
·
City of St. Joseph EDA 2002 Annual Report 2
Proiect 02-A: .
This lead was from a person driving through the City who had a sister who was interested in a retail
development. The prospect inquired about a specific parcel along East MN. Street. The subject parcel was
recently sold and the new owners did not have an interest in selling or leasing the under-utilized parcel.
Proiect 02-B:
This prospect contacted the City regarding lease space. She was looking at developing a service franchise in
either Clearwater or St. Joseph. Demographic information was forwarded and a follow-up meeting scheduled.
Additional information and a tour of possible sites followed. Prospect ultimately located in St. Joseph Business
Center.
Proiect 02-C:
This company contacted the City in January, 2002 regarding possible sites for 5,000 square foot industrial
building. They requested 1-2 acres. The contact has since noted he is not ready to proceed at this time but is
still considering potential sites in St. Joseph for the future. MDG placed the last follow-up call to the contact on
December 1, 2002.
Proiect 02-D:
This prospect approached EDA staff with a plan for construction of an 11,200 s.f. professional/retail office
building. The prospect was seeking information on possible tenants and sharing descriptions of the facility to
forward to contacts. The building was constructed in the summer of 2002 and is fully leased at this time.
Proiect 02-E:
This company contacted the City in February, 2002 regarding commercial sites % to 1 acre in size for a 5,000
square foot commercial enterprise. MDG followed up with the company contact on November 13, 2002
regarding possible sites. The contact asked to be contacted regarding a meeting after the first of the year.
Proiect 02-F: .
This company had been interested in expanding an industrial/commercial business in St. Joseph. The company
ultimately located in another area, but still holds land they purchased for the original project, in conjunction with
several associates. The property owners are interested in developing the acreage. MDG met with the property
owners to discuss development plans on November 13th. MDG forwarded additional information on November
22nd and followed up with e-mail correspondence on November 27'h and December 3rd and 10th. MDG is
working with city staff and the city engineer regarding the extension of utilities to this area.
Proiect 02-G:
This company owns land which was recently annexed into the city. They are planning a construction project in
2003. MDG had follow-up discussions via phone and e-mail with the company on November 13th and 27th and
December 3rt!.
Proiect 02-H:
This prospect contacted EDA staff because the parcel he was considering for purchase was in the joint
annexation area and he wished to be annexed and serviced by public utilities. MDG assisted with annexation
process and provided technical information regarding city zoning standards and potential uses for the
remodeled facility. The prospect purchased the facility and remodeling is underway to create lease space for
professional offices. Utilities have been extended and the parcel is now within the corporate limits.
Proiect 02-1:
This prospect was forwarded to EDA staff by the City Administrator. EDA staff assisted with technical
information regarding zoning, annexation process and extension of utilities to the area. The prospect has
purchased, remodeled and re-opened the facility which has been annexed and is now serviced by municipal
utilities.
Project 02-J:
This prospect contacted the EDA staff in spring requesting information on the availability of a small amount of .
industrial space for the expansion of an existing business. MDG shared information regarding potential sites.
MDG follow-up on numerous occasions. The prospect ultimately expanded into the former Frieler office.
City of 81. Joseph EDA 2002 Annual Report 3
· Proiect 02-K:
This prospect contacted the City regarding lease/purchase space for the expansion of a service facility.
Demographic information, potential sites and zoning information was forwarded to the contact. Several follow-
up contacts were made and continue to be made.
Proiect 02-L
This company contacted the city regarding potential space for the construction of a office/warehouse and office
facility. They are interested in constructing a 12,800 square foot multi-tenant building in 5t. Joseph business
park, with plans for an additional 9,600 square feet. MDG continues to be in contact with the prospect on a
weekly basis. The company has a signed purchase agreement for a 3.0-acre parcel in Buettner Business Park
and is expected to close on the property by the end of February 2003.
Proiect 02-M:
This contact was forwarded by a local developer. The contact was interested in purchasing acreage for the
expansion Of a home occupation. Information regarding potential sites and assistance available was forwarded
to the contact person. Follow-up continued until the contact indicated the downturn in the economy had placed
a severe impact on his sales and that expansion was not realistic at this time.
Proiect 02-N:
This lead was received from Stearns Electric Association who indicated the business owner may be seeking
expansion space within the S1. Cloud area. MDG followed up with the contact on a few occasions, offering to
send information regarding the City. Contact has not responded to staff's offer of assistance.
Proiect 02-0:
This prospect phoned the City and inquired about property in the Buettner Business Park. The prospect
indicated he was frustrated with the development process in a neighboring community where he owned an
· existing facility. MDG forwarded information regarding the Business Park, covenants, zoning, financial
incentives and contacts. MDG followed up on numerous occasions. The contact ultimately ended up expanding
at their current location.
Proiect 02-P:
This prospect was forwarded to the EDA staff by a City staff member. The staff member indicated the company
was looking for expanded space to either lease or purchase. EDA staff contacted the prospect who indicated
the expansion was talked about, but not a priority at this time. EDA staff continue to remain in contact with this
prospect regarding potential lease/purchase opportunities within the city.
Project 02-Q:
This contact phoned the City regarding land in the Business Park. The contact is looking for approximately one
acre. MDG continued to follow up with the prospect on numerous occasions. The prospect indicated he
remains interested in a small industrial lot, prefers to own rather than lease and plans to review his options
again during the spring/summer of 2003.
Proiect 02-R:
This company is interested in a site for a 7,000 square foot building. EDA staff has been interacting with this
contact since the summer of 2002. A meeting with the prospect and the prospect's financial officer has ensued.
Contact has continued on a regular basis. On December 10th, MDG spoke to the contact who noted he is in a
"holding pattern" right now.
Project 02-S
A realtor has contacted the EDA and City regarding a lot split to create a 6.43 acre parcel (northerly 6.43 acres
of Lot 1, Block 2) in 51. Joseph Business Park in August. The company was scheduled to close on the lot on
September 2ih, but delayed closin~ as they negotiate the purchase of another business. MDG contacted the
prospect on November 20th and 27 . On December 3rd the company reported they closed on a building in St.
· Cloud and have decided not to exercise their option on the 6.343 acre parcel in the business park.
City of St. Joseph EDA 2002 Annual Report 4
Project 02-T: .
A local commercial realtor requested information on Buettner Business Park. Information on the lots available,
assessments, covenants, etc. was forwarded by MDG to agent. Follow-up conversations with the realtor
indicated the agent's client was one year to 18 months from proceeding with any development project.
Project 02-U:
This lead was forwarded to EDA staff across the state. The lead involves the expansion of a foreign company
into the upper Midwest. The company manufacturers wind generation equipment and was seeking three
facilities which mayor may not be co-located. MDG prepared a proposal and submitted it to DTED prior to the
deadline. MDG continues to follow-up with DTED who has indicated the company has not narrowed the list of
sites at this time.
Project 02-V
This company contacted the City on September 18, 2002. MDG met with the owner and discussed sites,
zoning, covenants and incentives. The company needs 3,800 to 5,000 sq. feet and is interested in leasing.
MDG continues to offer the prospect assistance and update him on events that are occurring. MDG sent a letter
on November 27,2002.
Project 02-W:
This contacted stopped at the Cjty and met with EDA staff. The prospect indicated he was searching for a small
industrial lot. MDG forwarded information regarding potential sites. MDG followed up on several occasions.
Ultimately the contact decided to stay in his current location.
Project 02-X
This company contacted the City regarding an expansion of their current industrial facility. MDG met with the
company on September 24, 2002 and discussed zoning requirements and toured their facility. The Council
granted conditional approval of the building and site plan based on the zoning ordinance review. MDG
forwarded the business owner a copy of the October 17, 2002 EDA minutes per his request on November 27, .
2002.
Project 02-Y
This prospect contacted MDG on October 7, 2002 indicating he had met with City representatives a few years
ago regarding new construction in the Buettner Business Park. Prospect met with MDG on October 10, 2002
and noted development plans are in the very initial stages at this time. He requested specific information remain
confidential at this time. He is seeking an industrial lot for development of 5,000 to 7000 s.f. office/warehouse
facility. Prospect has not ruled out leasing. Information regarding incubator facility was forwarded to the
developer. MDG mailed a follow-up letter on November 27, 2002.
Project 02-Z
This company contacted the MDG regarding relocation of their current commercial facility on October 31, 2002,
MDG followed up on November 1, 2003 and the prospect inquired about commercial spaces either in the
downtown or highway areas. Prospect was initially interested in leasing, now preferring to own. Discussed
several potential new develo~ment and redevelopment sites. MDG again followed up with additional information
on November 3fd, 5th, 6th, 11t , 20th and 27th and again with the principal contact on December 10th.
Proiect 02-AA
This prospect contacted the MDG on November 4, 2002 regarding industrial lots within the Buettner Business
Park. MDG noted available parcels within the business and met with the prospect on November 6th. Prospect
and MDG discussed lot availability, minimum lot size, price per acre, assessments, covenants and zoning
standards. MDG followed up by phone with contact on November 2ih and met with him and Mr. Buettner
regarding possible sites and associated costs for a 3-acre site on December 3, 2002. The prospect has entered
a purchase agreement with Mr. Buettner, closing is set for February 3, 2003.
Project 02-BB .
This prospect contacted MDG on November 12, 2002 regarding available commercial sites for lease for a small
retail business. MDG followed up on November 13, 2002 and November 27,2002 and December 10, 2002.
City of St. Joseph EDA 2002 Annual Report 5
· Proiect 02-CC
This prospect contacted MDG on November 22, 2002 regarding available acreage within the Buettner Business
Park. MDG forwarded information on the park and available space to purchase and possible space to lease.
MDG followed up with phone calls on November 27'h and December 10th. Prospect would like to meet the
second week of January to discuss options.
Proiect 02-DD
This developer contacted the City on December 9th regarding available commercial sites. MDG met with the
developer on .December 10th and provided information on possible sites and contacts.
Proiect 02-EE
This developer met with MDG on December 10th regarding a possible 6,000 square foot commercial building.
Information relating to zoning requirements and commercial sites were discussed. The project is proposed for
2003.
Proiect 02-FF:
This prospect phoned the City and spoke to EDA staff regarding a specific lot in the Buettner Business Park.
MDG prepared a packet of information including: maps, assessment information, covenants, zoning standards,
demographic information and economic development profile and financial incentives available. The contact
stopped by City Hall to pick up the information.
BUILDING PERMITS: 1997 - 2002
Following is a five year comparison of building permits let for commercial and industrial projects in the City of St.
Joseph:
Year Project Permit Amt.
· 1997 Beeline Marine $180,000.00
1997 Carwash $200,000.00
1997 Schroeder Sports $385,000.00
1997 Restaurant $130,000.00
Subtotal $895,000.00
1998 Sunset Mfging $250,000.00
1998 MCO Addition $300,000.00
1998 Borgert Products $725,000.00
1998 Kittridge Truck Storage $80,000,00
1998 Tamarack Addition $51,000.00
1998 Caseys $500,000.00
Subtotal $1,906,000.00
1999 Comm/rental $175,000.00
1999 Storage $60,000.00
1999 Bank $1,200,000,00
Subtotal $1,435,000.00
2000 Vicwest Remodel $21,000.00
2000 Vet Clinci $270,000.00
2000 Gas & Bait Expansion $16,500.00
2000 Lemmer Commercial $54,000.00
Subtotal $361,500.00
· 2001 Spring Green $143,000.00
2001 Autobody 2000 $280,000.00
2001 Ministorage $90,000.00
City of St. Joseph EDA 2002 Annual Report 6
2001 Sunset Mfging $80,000.00 ·
Subtotal $593,000.00
Year Project Pennit Amt.
2002 Essilor $20,000.00
2002 Scherer Trucking $26,530.00
2002 Tanner Systems $350,000.00
2002 Bill Nelson $650,000.00
2002 Vicwest $2,500,000.00
2002 American Manufacturing $210,000.00
2002 St. Joseph Business Ctr. $148,000.00
2002 Knight Builders $225,000.00
2002 Borgert Products $99,000.00
2002 Oeutz $350,000.00
2002 Oeutz $108,900.00
Subtotal $4,687,430.00
TOTAL $9,877,930.00
It is noted that in 2002 building pennit values indicated that 40.3% of new construction values were for
commercial/industrial penn its while 59.7percent of new construction value was residential in nature. There was
$4,687,430 in new commercial/industrial construction and $6,954,940 in new residential construction.
DIVERSIFICATION OF THE TAX BASE:
The following summary and chart indicate the progress toward the EOA's goal of diversifying the tax base:
City of St. Joseph - Historical Commercial & Industrial Construction ·
Total $8,066,930.00 $156,838.60 $277,605.98
1997 $895,000.00 17,150 30,358.07
1998 $1,906,000.00 37,370 66,142.31
1999 $1,435,000.00 27,950 49,471.31
2000 $361,500.00 6,480 11,474.89
2001 $593,000.00 11,110 19,668.81
2002 $4,687,430.00 92,999 164,590.75
Total $9,877,930.00 $193,058.60 $341,706.14
I Historical Annual New Commercialllndustrial
;
! Construction - St. Joseph
I
[
[
i
i
! $10,000,000.00
I $9,000,000.00
! $8,000,000.00
i $7,000,000.00
I $6,000,000.00 oTotal Market
! $5,000,000.00
$4,000,000.00 Value
$3,000,000.00
i $2,000,000.00
i $1,000,000.00 ·
¡ $0.00
i ~ Rio., ~~ ~
I ~ ~Q) ~ '" o>;J
!
City of St. Joseph EDA 2002 Annual Report 7
.
Estimated New Annual Taxes from
Commercial/Industrial Construction
200,000.00
- 150,000.00
c:
:J ¡¡¡ Estimated Taxes
0
E 100,000.00 _Year
<3:
~ 50,000.00
-
1 2 3 4 5 6
Year
ADDITIONAL PROJECTS:
. The.51. Joseph EDA actively pursued other projects during 2002.
Marketina Materials
The EDA updated print marketing materials in the Spring of 2002. Updated inserts for the Community Brochure
were printed with funding participation by Xcel Energy. . The EDA also assembled a- packet of materials to
distribute to prospects, commercial realtors and for insertion into proposals. The packet of materials was mailed
to several area commercial realtors.
The EDA has assembled infonnation about the City, EDA, area transportation system, municipal infrastructure,
financial incentives, area healthcare system and available commerciallindustrial properties. The infonnation has
been posted on the city's web site at www.citvofstioseph.com.
Revolvina Loan Fund Establishment and MCCF Participation
One of the goals of the EDA since its inception has been to fonn a local revolving loan fund to assist local
projects with below market rate loans. In conjunction with the St. Joe Development, LLC project, the City on
behalf of the developer submitted an application to the Minnesota Investment Fund. The MIF program grants
funds to the City who, in turn, loans the proceeds to the Developer at a below market rate. The Developer then
makes principal and interest payments to the City. Under 2002 guidelines the City is able to retain the full grant
($42,000) for establishment of a local revolving loan fund.
The City of St. Joseph, upon EDA recommendation, has also opted to participate in the Minnesota Community
Capital Foundation (MCCF). The MCCF is a non-profit, self-governed organization that has been fonned for the
purpose of developing, funding and operating a flexible self-sustaining development loan fund as a new
development financing resource. One of the primary goals of the MCCF is to provide local communities with
significantly greater lending capacity and a more flexible, user-friendly development financing resource than
most economic development loan programs. Member benefits include:
. . The capacity to originate loans of up to ten times the amount they contributed to the fund (e.g. if the
City of St. Joseph contributes $25,000 to the fund, they can issue a loan of up to $250,000).
City of 81. Joseph EDA2002 Annual Report 8
. The City may issue multiple loans. Since a loan will not be issued unless it can be immediately sold ·
into the secondary market the fund is immediately recapitalized. This means the City can continue
to issue loans through the MCCF (e.g. in theory could issue one $250,000 loan today, one $250,000
loan tomorrow and another the following day and so on with no topside limit). The guaranteed
second market for the first two years the fund is in existence is the Community Re-investment
Program.
The establishment of the local revolving loan fund and MCCF participation add to other financial incentives-
offered by the City.
COMMISSION PARTICIPATION:
St. Joseph EDA representatives participated in the Stearns County Economic Development Partnership. In
addition to regular economic development activities the EDA also participated in:
¡¡: The 2002 Comprehensive Plan Update;
IJ Updating of commercial & industrial zoning classification requirements;
Iój Updating of the covenants in effect for the Buettner Business Park;
II Establishment of Tax Increment Financing District 1-4; and,
¡:¡ Review of development plans as requested by the City Council and as authorized by the Buettner
Business Park covenants.
GOALS FOR 2003:
In 2002 the EDA reviewed goals as a part of the development of the Comprehensive Plan. Following are Goals
and Objectives for Community Development. The first set of goals involve participation directly by the EDA O.e. ·
the EDA's Work Plan), the remaining goals apply to community development in general but do not require
specific action by the EDA.
EDA Work Plan:
Recommendations relatinQ to technoloQV:
1. Research the establishment of a low interest loan through state and regional sources or local tax levies
to support commercial/industrial technology upgrades.
? Implementation: St. Joseph Economic Development Authority and City Council.
2. The Economic Development Authority should work in cooperation with telecommunication companies to
extend DSL or T-1 lines north of County Road 75 to improve telecommunication services in the
commercial and industrial business parks in those areas.
? Implementation: St. Joseph Economic Development Authority.
Recommendations for Downtown Commercial (Re) Development:
1. Areas for potential Downtown expansion or development should be identified with respect to the
acquisition and rehabilitation of substandard properties or the preservation of structures for
rehabilitation.
? Implementation: St. Joseph Economic Development Authority.
2. Ongoing maintenance and renovation of downtown buildings is needed to ensure the physical ·
conditions are maintained or improved. The City should gauge business interest in participating in a
commercial rehabilitation program and if strong interest exists, consider the application for funding to the
Small Cities Development Program.
City of St. Joseph EDA 2002 Annual Report 9
. ~ Implementation: The St. Joseph Economic Development Authority and City Council.
Recommendations for Highway Commercial Developments:
1. Revisions/additions of certain development standards should be considered to insure the quality of
development desired by the community including minimum lot sizes, lot coverage, landscaping
standards, building construction, lighting, screening and outdoor storage.
~ Implementation: Planning Commission with input from the Chamber of Commerce,
Economic Development Authority with final action by the City Council.
2. Efforts to achieve commercial redevelopment should be encouraged and promoted.
~ Implementation: Economic Development Authority.
Recommendations for Industrial Development:
1. Existing industrial uses should be retained and new industrial development should be encouraged to
locate in existing industrial parks and industrially zoned areas. Future industrial areas should be located
adjacent to current industrial zoned land, provided it does not negatively impact or encroach upon
wetlands in the area.
~ Implementation: Economic Development Authority and City Council.
2. The Economic Development Authority should promote industrial developments that maximize the return
on city investments in public facilities and services, expand the tax base, provide quality employment
. opportunities and compliment existing services.
~ Implementation: Economic Development Authority.
3. Industrial areas should be adequately screened and appropriately landscaped and designed according
to City standards. For both existing and new industrial development, regulations should be maintained
with criteria regarding: building appearance and materials; screening of outside storage areas;
screening of off-street parking facilities; use of landscaping; and proper handling of environmentally
sensitive areas.
~ Implementation: Planning Commission, Economic Development Authority and City Council.
4. Continued expansion of the City's industrial and commercial tax base should be encouraged to assist in
paying for needed services and in reducing tax impact on housing costs. Increasing the ratio of
commercial/industrial assessed market value to residential assessed market value from historical
15%/85% ratios may be fostered through zoning of properties and economic development programs.
~ Implementation: Planning Commission, Economic Development Authority and City Council.
5. A study should be conducted to identify future industrial park property and methods of developing the
industrial park prior to the full occupancy of existing industrial parks.
~ Implementation: St. Joseph Economic Development Authority and City Council
6. Industrial activities complementary to existing uses should be identified and the development of such
industries should be promoted and facilitated.
. > Implementation: Economic Development Authority and City Council
rity of St. Joseph EDA 2002 Annual Report 10
I
7. Alternative fiscal incentives should be investigated to attract new desired industries to 81. Joseph. .
}> Implementation: Economic Development Authority and City Council
8. The Economic Development Authority should work with developers of new industrial parks to develop
covenants which provide for aesthetically pleasing and quality developments,
}> Implementation: Economic Development Authority.
Overall: The City should focus on providing a balance of industrial growth to support the community's tax base
and to provide jobs, commercial growth to provide seNices to employees and residents and housing
development to provide housing opportunities for al/.
Community Development Goals:
Recommendations relating to the presence of the colleQe and university in the area:
1. City leaders and College administrators and student representatives should continue to meet on a
monthly basis to discuss activities at the city and college level, impacts on housing and integration of
students with homestead property residents.
}> Implementation: Mayor, City Administrator, College of 8t. Benedict, St. John's University.
2. The City and College of S1. Benedict should explore cooperative ventures to provide cultural activities
for the community.
}> Implementation: College of S1. Benedict, City's Community Education.
.
3. Retail and service businesses should strive to serve students and employees at the college by
sponsoring a "Welcome Back to College Promotion" or similar event to draw student to local services.
}> Implementation: Chamber of Commerce, College of 81. Benedict and 81. John's University.
Recommendations relating to historic preservation:
1. The City Council should appoint a community to identify the image desired for the downtown
commercial district and the desirability of adopting design standards which address items such as the
exposure of original architectural features, colors, awnings, construction materials and historic
preservation. If determined design standards are desirable, it is recommended the City assist through
the establishment of a low interest revolving loan fund to financially encourage and support such
changes. Application for a commercial rehabilitation small cities development grant may assist in the
fund development.
}> Implementation: City Council to appoint a committee.
Recommendations relatino to technology:
1. Research the establishment of a low interest loan through state and regional sources or local tax levies
to support commerciallindustrial technology upgrades.
}> Implementation: S1. Joseph Economic Development Authority and City Council.
2. The Economic Development Authority should work in cooperation with telecommunication companies to .
extend DSL or T-1 lines north of County Road 75 to improve telecommunication seNices in the
commercial and industrial business parks in those areas.
City ofSt. Joseph EDA 2002 Annual Report 11
. ~ Implementation: St. Joseph Economic Development Authority.
Recommendations for Downtown Commercial (Re) Development:
1. Areas for potential Downtown expansion or development should be identified with respect to the
acquisition and rehabilitation of substandard properties or the preservation of structures for
rehabilitation.
~ Implementation: St. Joseph Economic Development Authority.
2. Governmental and semi-governmental services and buildings including the City offices and the post
office impact the vitality of the downtown business district. These services should be encouraged to
remain (City Hall) and permitted (Post Office) in the downtown business district. The City may wish to
work with the Postal Service to extend the carrier delivery service area and post office hours.
~ Implementation: City Council and Postal Service.
3. To further accommodate downtown (re) development the City Council should consider appointing a
committee to review downtown commercial district standards or design guidelines including construction
materials, colors, restoration of original architectural features, signage and awnings and/or establishing
a low interest revolving loan fund to assist with the implementation of these goals.
~ Implementation: City Council.
4. Ongoing maintenance and renovation of downtown buildings is needed to ensure the physical
. conditions are maintained or improved. The City should gauge business interest in participating in a
commercial rehabilitation program and if strong interest exists, consider the application for funding to the
Smãll Cities Development Program.
~ Implementation: The St. Joseph Economic Development Authority and City Council.
5. Traffic circulation and congestion concerns should be addressed through volume analyses and origin-
destination studies to determine causes of problems and effects if not resolved, and potential benefits to
be derived by proposed solutions.
~ Implementation: Police Department, Public Works Department. City Engineer and City
Council.
6. If development on existing municipal parking lots in the downtown occurs, replacement parking equal to
the number of spaces lost should be required.
~ Implementation: Planning Commission and City Council.
7. The City should consider ways to alleviate the parking shortages in the downtown through the use of
signs to limit specific spaces to two hours or less parking as well as signage to direct customers to the
municipal parking lot.
~ Implementation: Planning Commission and City Council.
8. New single-family housing within the downtown core area should be prohibited due to compatibility
concerns. Housing more appropriate in this type of setting is of a multiple family type, such as senior
housing in which residents may walk to nearby services. Adequate off-street parking and open space
. should be provided for residential uses.
~ Implementation: Planning Commission and City Council.
City of St. Joseph EDA 2002 Annual Report 12
9. The pedestrian circulation system should be enhanced by improving sidewalks, street furniture, and .
mitigate conflicts with traffic and street intersections by providing proper separation and signage control
and enforcing such signage regulations.
~ Implementation: Public Works Department and City Council with enforcement by the Police
Department.
Recommendations for Hiahwav Commercial Developments:
1. Commercial developments along County Road 75 and County Road 2 should be complimentary to
commercial and service uses of the Downtown.
~ Implementation: Planning Commission and City Council through the identification of
'permitted uses' within the highway and general commercial areas in the zoning ordinance.
2. Commercial developments along 1-94/County Road 2 and County Road 75 should be of a specialized
nature exhibiting the unique needs associated with major highway access and visibility.
~ Implementation: Planning Commission and City Council through the identification of
'permitted uses' within the highway commercial areas in the zoning ordinance.
3. In newly developing areas, direct property access to County Road 2 and County Road 75 should be
prohibited and should be accommodated via a frontage road system.
~ Implementation: City Engineer, Planning Commission, City Council and Steams County.
4. A plan to extend lighting along County Road 2, from the Interstate 94/County Road 2 intersection into .
the community should be developed and implemented.
~ Implementãtion: P-ublic Works Department, City Engineer and City Council.
5. The City should encourage Stearns County to proceed with the right-of-way acquisition for the County
Road 2/ County Road 3 bypass to allow the future planning of commercial land uses and their access
points.
~ Implementation: City Council and Stearns County Highway Department.
6. Commercial and service centers should be developed as cohesive, highly interrelated and coordinated
units with adequate off-street parking and appropriate regulated points of access.
~ Implementation: Planning Commission and City Council, through the zoning ordinance and
site plan approval.
7. Revisions/additions of certain development standards should be considered to insure the quality of
development desired by the community including minimum lot sizes, lot coverage, landscaping
standards, building construction, lighting, screening and outdoor storage.
~ Implementation: Planning Commission with input from the Chamber of Commerce,
Economic Development Authority with final action by the City Council.
8. Commercial maintenance codes may be enacted and enforced to help insure that the commercial
development maintains community character on an ongoing basis.
~ Implementation: Building Inspector and City Council. .
City of St. Joseph EDA 2002 Annual Report 13
9. Immediate, short-range market potential and demands for activities that are not suggested for a site or
· area by the Comprehensive Plan or allowed by the Zoning Ordinance should not be the sole justification
for a change in activity.
~ Implementation: Planning Commission and City Council.
10. Safe and convenient pedestrian movement should be considered within all service and commercial
districts, including research on the feasibility of an overpass or underpass for bicycle/pedestrian traffic
over or under County Road 75.
~ Implementation: Street Commissioner, City Engineer and City Council.
11. Efforts to achieve commercial redevelopment should be encouraged and promoted.
~ Implementation: Economic Development Authority.
Recommendations for Industrial DeveloDment:
1. Existing industrial uses should be retained and new industrial development should be encouraged to
locate in existing industrial parks and industrially zoned areas. Future industrial areas should be located
adjacent to current industrial zoned land, provided it does not negatively impact or encroach upon
wetlands in the area.
~ Implementation: Economic Development Authority and City Council.
2. Traffic generated by industrial activity should be prohibited from penetrating residential neighborhoods.
· ~ Implementation: Planning Commission and City Engineer through site plan approval and
long range transportation planning.
3. The Economic Development Authority should promote industrial developments that maximize the return
on city investments in public facilities and services, expand the tax base, provide quality employment
opportunities and compliment existing services.
~ Implementation: Economic Development Authority.
4. Existing industrial uses and new industrial development should not cause pollutants or contaminants to
be emitted into the surrounding environment (including air, soils, ground water, drainageways, sanitary
sewer and storm sewer) in excess of State and Federal regulations.
~ Implementation: Building Inspector and Planning Commission.
5. Industrial areas should be adequately screened and appropriately landscaped and designed according
to City standards. For both existing and new industrial development, regulations should be maintained
with criteria regarding: building appearance and materials; screening of outside storage areas;
screening of off-street parking facilities; use of landscaping; and proper handling of environmentally
sensitive areas.
~ Implementation: Planning Commission, Economic Development Authority and City Council.
6. Efforts should be undertaken to limiting heavy/noisy industry to a specific area within current and future
industrial zoning districts to reduce the impact of these industries on residential areas.
· ~ Implementation: Planning Commission and City Council.
City of St. Joseph EDA 2002 Annual Report 14
7. Continued expansion of the City's industrial and commercial tax base should be encouraged to assist in .
paying for needed seNices and in reducing tax impact on housing costs. Increasing the ratio of
commercial/industrial assessed market value to residential assessed market value from historical
15%/85% ratios may be fostered through zoning of properties and economic development programs.
~ Implementation: Planning Commission, Economic Development Authority and City Council.
8. A study should be conducted to identify future industrial park property and methods of developing the
industrial park prior to the full occupancy of existing industrial parks.
~ Implementation: St. Joseph Economic Development Authority and City Council
9. Industrial activities complementary to existing uses should be identified and the development of such
industries should be promoted and facilitated.
~ Implementation: Economic Development Authority and City Council
10. Alternative fiscal incentives should be investigated to attract new desired industries to St. Joseph.
~ Implementation: Economic Development Authority and City Council
11. Due consideration should be given to all potential physical implications and services and facility
demands (i.e., traffic generation, sewer and water demands, etc) of any proposed industrial
development. Extension of utilities and annexation of areas about to become industrial in nature should
occur prior to the issuance of building permits for the industrial construction.
~ Implementation: St. Joseph Public Works Department, City Engineer, Planning
Commission and Council. .
12. The City should work with the Stearns County Highway Department to redesign County Road 133 to
increase the weight limits from 9 ton restrictions to 10 ton weight restrictions or to waive the restrictions.
~ Implementation: Public Works Department, City Engineer and City Council.
13. The Economic Development Authority should work with developers of new industrial parks to develop
covenants which provide for aesthetically pleasing and quality developments.
~ Implementation: Economic Development Authority.
.
City of 81. Joseph EDA 2002 Annual Report ]5
JAN~2B-2003 TUE 11:26 AMST CLOUD CITY ATTORNEY FAX_NO. 3202557205 P. 02
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.
MEMORANDUM
Date: Januaty 28, 2003
To: Area Chiefs of Police
Frøm: Jan F. Petersen
St. Cloud City Attorney
Rf~: Mutual Aid Agreement
r was asked to develop a fonn of agreement providing for mutual aid between area cities.
Initially the parties to this agreement would include the Cities of SarteU, Sauk Rapids, St.
Cloud, S1. Joseph and Waite Park.
This draft is based on the recommendations of the League of Minnesota Cities Insurance
Trust. All of you, except St. Cloud. are insured by this organization. I have included a
C()py of a memo developed by their staff. That memo explains some of the provisions in
the draft, which I have provided to you. My draft is set up so only one agreement needs to
be signed by any city. This would include any cities, which ask to join at a. later date. Any
. city can withdraw upon notice. As discussed in the League memo there is a provision for
payment after the passage of a set amount of time. This is to allow for federal
reimbursement. The time that I provided (48 hours) can be changed to some different
amount. Note that the agreement calls for policies to be established within each agency.
Sartell has ã policy model that you may find useful.
I will attend your next Chief's Association meeting to respond to any concerns you might
have. Hopefully we will soon be ready to bring this agreement to our respective city
(~uncils for approval.
.
JAN-28-2003 TUE 11 :28 AM ST CLOUD CITY ATTORNEY FAX NO. 3202557205 P. 03
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MUTUAL AID AGREEMENT FOR THE USE OF .
LAW ENFORCEMENT PERSONNEL AND
EQUIPMENT
The parties to this Agreement are governmental units of the State of
Minnesota. This Agreement is made pursuant to Minnesota Statutes §471.59, which
authmizes the joint and cooperative exercise of powers, common to cantracting
parties.
NOW, THEREFORE, it is mutually agreed as follows:
1. Purpose.
The purpose of this Agreement is to allow a city, which is a Party to this
Agreement to make available to another cìty that is a Party to this Agreement
their police personnel and police equipment in case of emergencies.
2. Definitions.
A. {(Party" means a governmental unit, which is a Party to this Agreement. .
"Parties" is the plural of Party.
B. µRequesting Official" means the person designated by a Party who is
responsible for requesting assistance from other Parties.
C. "Requesting Party" means a Party which requests assistance from other
Parties.
D. "Responding Official" means the person designated by a Party who is
responsible to determine whether and to what extent that Party should
provide assistance to a Requesting Party.
E. uResponding Party" means a Party, which provides assistance to a
Requesting Party.
3. Parties.
A. The initial Parties are The Cities of Sartell, Sauk Rapids, St. Cloud, St.
Joseph and Waite Park.
B. Other Cities may become a party to this Agreement upon approval of
those cities that are parties at the date of the request. The new Party .
JAN~28-2003 TUE 11:26 AM ST CLOUD CITY ATTORNEY FAX NO. 3202557205 P. 04
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"~-,....I" '--,
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will sign a copy of this Agreement. Existing, Parties will not be required
to resign.
4. Need for Emergency Assistance.
A. Request for assistance will be made when there is a reasonable need for
emergency assistance.
B. An emergency situation under this Agreement will constitute any
request for assistance in which an officer believes there is an immediate
threat to the officer's safety or to the safety of other persons or
property in the officer' city and where additional police support may be
of assistance in accordance to policy.
C. The Chief of Police or, in the Chief's absence, the officer on duty and in
charge will determine and authorize a request for assistance.
D. The Police Chief of each city will implement a policy regarding
requesting and providing emergency assistance. The policy will set
forth the circumstances under which Bid may be requested and the
. circumstances under, which aid will be provided by the responding
municipality .
5. Control Ove~ Emergency Scene.
The Requesting Party will be in command of the emergency scene. The pOlice
personnel and equipment will be under the direction and control of the
Requesting Party until the Responding Official withdraws assistance. This
section does not mean that the Responding Party's personnel will be
considered employees of the Requesting Party for the purposes of payroll and
worker's compensation.
6. No Re~uirement to Respond.
Both Parties understand that police assistance will only be provided if such
assistance does not unduly jeopardize the law and order or police protection
within the city who is requested to respond. Neither Party, nor its police
officers, will be liable to the other Party for failure to provide políce personnel
or equipment in response to a call for assistance from the other party.
7. \ðlithdrawal of Assistance.
Whenever a Responding Party has provided assistance to a Requesting Party I
. the Responding Official may at any time recall such assistance or any part
2
JAN-28-2003 rUE 11:26 AM ST CLOUD CITY ATTORNEY FAX NO. 3202557205 P. 05
~" --.--.--" -- .- '- -.- .. .~.-. -..
,,_.r "-
thereof when the Responding Official deems it necessary to provide for the .
best interests of the Responding Official's own community. Such action will
not result in the liability to any Party.
8. Reciprocal Defense and Indemnification.
A. The intent of the indemnification requirement of this section is to impose
on each Requesting Party a limited duty to defend and indemnify any
Responding Party for claims arising within the Requesting Party's
jurisdiction subject to the limits of the liability under Minnesota Statutes,
Chapter 466. The purpose of creating these reciprocal duties to defend
and indemnify is to simplify the defense of liability claims by eliminating
conflicts among defendants, and to permit liability claims against
multiple defendants from a single occurrence to be defended by a single
attorney. Therefore, for the purposes of the Minnesota Municipal Tort
Liability Act (Minn. Stat. 466L the employees and officers of the
Responding Party are deemed to be employees (as defined in Minn. Stat.
§466.01, subdivision 6) of the Requesting Party.
B. The Requesting Party agrees to indemnify and defend against any claims
brought or actions filed against the Responding Party or any officers,
employees or volunteers of the Responding Party for injury or death to .
any third person or persons, or damage to the property of third persons,
arising out of the performance and provision of assistance in responding
to a request for assistance by the Requesting Party pursuant to this
Agreement. The Responding Party will be construed to be "responding
to a request for assistance" during the period of time that the officer is
outside of the city limits of the responding officer in responding to the
request.
C. Under no circumstances will a Party be required to pay on behalf of
itself and other Parties, any amounts in excess of the limits on liability
established in Minnesota Statutes, Chapter 466, applicable to only one
Party. The limits of liability for some or all Parties may not be added
together to determine the maximum amount of liability for any Party.
9. Responsibilìty for Equipment.
A Responding Party will be responsible for damages to or loss of its own
equipment. Unused equipment provided by the Responding Party will be
returned to the Responding Party by the Requesting Party when circumstances
permit this to be done. Each Party waives the right to sue any other Party for
any damages or loss of its equipment even if the damages or losses were
.
3
JAN-28-2003 TUE 11:27 AN ST CLOUD CITY ATTORNEY FAX NO. 3202557205 P. 06
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caused wholly or partially by the negligence of any other Party, its officers,
employees or volunteers.
10. Workers Compensation.
Each party will be responsible for injuries or death of its own personnel. Each
party will maintain workers' compensation insurance or self-insurance
coverage, covering its own personnel while they are providing assistance
pursuant to this Agreement. Each party waives the right to sue any other party
for any workers' compensation benefits paid to its own. employee or volunteer
or their dependants, even if the injuries were caused wholly or partially by the
negligence of any other party or its officers( employees, or volunteers.
11- Charges to the Requesting Party.
A. A Responding Party to this Agreement will levy no charges for
assistance rendered to a Requesting Party under the terms of this
Agreement unless that assistance continues for a period of more than
48 hours. If assistance provided under this Agreement continues for
more than 48 hours, the Responding Party will submit to the Requesting
. Party an itemized bill for the actual cost of any assistance provided after
the initial 48 hour period, including salaries, overtime( materials and
supplies and other necessary expenses; and the Requesting Party will
reimburse the party providing the assistance for that amount.
B. Such charges are not contingent upon the availability of federal or state
government funds.
C. If an officer who is rendering assistance under this Agreement is
required to take a mandatary leave of absence because of discharge of
the officer's weapon in the line of duty or for any other reason, the
Requesting Party will reimburse the Responding Party for the salary of
the officer while on leave of absence.
12. No Joint Entity or Partnersl1ill.
This Agreement does not intend, nor does it create, any joint entity or
partnerships between the Cities.
13. Duration.
This Agreement will be effective on the date it is executed by the initial Parties
and will continue indefinitely unless terminated as provided herein. The St.
. Cloud City Clerk will notify the Parties of the effective date.
4
JAN-28-2003 TUE 11:27 AN ST CLOUD CITY ATTORNEY FAX NO, 3202557205 p, 07
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14. Withdrawal.
Any Party may withdraw from this Agreement, by resolution of its city council,
provided that the Party gives a eO-day notice to the other Parties.
15. Termination.
This Agreement will terminate when fewer then two Parties wish to continue
to participate in this Agreement.
16. Postinç¡.
A copy of this Agreement will be posted at each police department
headquarters for each of the Parties that are participating in this Agreement.
17. Execution.
All Parties need not sign the same copy. Each Party will file the signed
Agreement with the St. Cloud City Clerk. Each Party hereto has read, agreed to and
exel~uted this Agreement on the date indicated.
.
Date r City
By
Title
By
Title
.
5
JAN-28-2003 TUE 11:27 AM ST CLOUD CITY ATTORNEY FAX NO. 3202557205 p, 08
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. City
Date _
By
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By
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Date City
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. F:\C;ITY _DAT\Leg¡¡I\CIVII.\MUTUAl AID AGRMT SAATELL.dcc
6
JAN-28-2003 TUE 11:27 AM ST CLOUD CITY ATTORNEY' FAX NO. 3202557205 P. 08
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LMC LMCIT .
Risk Management Information
lMg.... ø! M~ Gti.;s 145 University Avenue West, St. Paul, MN 55103·2044
C;rt;u p:_øtirsg ~ Phone: (651) 281-1200 . (800) 925-1122
-.J
Fax: (651) 281-1298 . TDD (651) 281·1290
www.lmcit.lmnc.org
~ ~ £ -
LMCIT MODEL MUTUAL AID AGREEMENT
The League of Minnesota Cities Insurance Trust has developed a Model Mutual Aid Agreement
for cities to consider when they are working with other Ioea] governments. It provides a system
to address liability, worker's compensation and equipment damage in mutual aid incidents.
Gene¡rally, the basic elements of the model agreement are:
· V/orker's Compensation - Each city retains the fmancial responsibility for workers'
compensation benefits for its own. employees, for any injuries that occur in mutual aid
sì,tuations. Further, each city agrees not to bring claims against the other cities to recover the
CDst of workers' compensation benefits to its employees.
· l~quipment - Each city retains the fInancial responsibility for damage to or loss of its own
equipment that may occur in a mutual aid situation.
· Responding Party as Employees of Requesting Party - The Responding Party's .
c~mployees will be considered to be employees of the Requesting Party for the purposes of_
the Minnesota Municipal Tort Liability Act
· ][ndemnification - The city receiving the assistance agrees to defend and indemnify the
dty(s) providing the assistance, for any liability claims by third parties that may arise from
the mutual aid situation, to the extent of the city's statutory liability limits.
· Command - The persormel providing assistance act under the conunand of the requesting
city's officer in charge at the scene. Thus the receiving city, wruch bears the liability risk, is
also in a position to control that risk.
WIlY does LMCIT suggest handling liability this way?
Thl~se provisions eliminate the potential for conflicts and litigation between the cities about who
is liable for what. The basic idea is that there are better ways for the cities and LMCIT to use the
taxpayers' money than to spend it suing each other. Incidentally, the 1998 law authorizing inter-
local disaster assistance, Minnesota Statute 12.331, sets out a very similar scheme for handling
liability, workers compensation, and equipment damage.
.
JAN-28-2003 TUE 11:28 AM ST CLOUD CITY ATTORNEY FAX NO. 3202557205 P. 10
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Workt,r's Compensation
This provision helps to eliminate conflicts between the local governments for injuries to each
other'~1 employees. Each government pays the worker's compensation coverage on its own
employees so it makes sense that that government would be responsible for injwies to its own
employees. By waiving the right to recover any damages from the other parries to the mutual aid
agreement, you avoid having tbe parties suing each other.
Equipment
Similarly, each party pays for property coverage for its own equipment so it would make it
simpl,:r for each party to be responsible for any damages Or loss of its own equipment. So even if
anoth·er party causes damage to another party's equipment, with tbis waiver of subrogation, the
parties a.gree that they will not sue for that loss. Again, it eliminates conflicts between the local
govemments.
Responding Party as Employees of Requesting Party
The provision that states that an employee of the Responding Party win be considered to be an
employee of the Requesting Party for liability purposes will help to reduce the costs for
defending the actions by allowing one attorney to defend the action. This method would also
. ensure that there would be only one liability limit at stake. Minnesota Statutes 12.331 and 626.77
both use this method so it is clear that the legislature can do this through legislation. It is not
clear if local governments can also establish tbis type of system through an agreement.
Indflmnification
The defense and indemnification provisions for liability claims are intended to make it possible
to appoint a single defense attorney to defend all of the parties that might be the target of tort
liability claims arising from a mutual aid situation. That attorney can then provide a unified
deí'cmse of all of the parties, since the liability is covered under the receiving city's coverage. It
dOMn't matter which city or individual employee is ultimately determined to have been
negligent.
If the agreement instead made each city responsible for its own employees' negligence,
deß:mding potentialUability claims is more complicated and expensive. If several cities were all
sued for something that occurred in a mutual aid situation, each of those cities would need to
have its own defense attorney. And because "who pays" depends on ~~wbose fa.ult was it'~, all
those multiple defense attorneys are automatically in conflict with each other, each trying to
make sure that if anyone is held liable, it's one of the other defendants.
In 'short, with the defense and indemnification provisions that the model agreement incorporates,
defending liability claims is simpler and less expensive. We are only paying one attorney to
defend the claim, rather than paying several attorneys to both defend the claim and fight with
. eal)h other.
2
JAN-28-2003 TUE 11:28 AM ST CLOUD CITY ATTORNEY FAX NO, 3202557205 p, 11
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Though taking on the liability damages of other cities, LMCIT members would all benefit from .
the reduced amount for attorneys' fees. For example, in five of the last seven years, LMCIT's
expens,es for a.ttorney's fees in police liability claims were significantly more than the liability
damages. LMCIT member cities are assessed both the damages and the attorneys' fees in
detem:lÍning their liability claim$ experience.
Some cities do not like the idea of taking on another city's negligence. They are uncomfortable
with how some employees from other cities may act or whether the employees have had
adequate training. Therefore, it is important for cities to discuss these concerns. In order for
Mutual Aid to be beneficial, cities shouldn't have to worry if the response from the other city is
going to be appropriate.
Command
The model agreement addresses these concerns by making it clear that the Requesting Party that
is taking on the liability for the Responding Party is in command of the mutual aid scene. It
places the Requesting Party in a position to help control the potential risks by being the party that
decides how to handle the emergency site and what equipment to use.
Covorage issues
Each. city's LMCIT liability coverage covers liability that the city assumes by contract. Therefor,
the city's LMCIT liability coverage picks up the duty to defend and indemnify wmch the city .
would assume under the mutual aid agreement. Note also that the citis duty to defend and
indemnify the other parties is limited to the amount of the statutory liability limits for one city.
Charges
Traditionally, local governments do not charge for services to each other in a mutual aid
situation. However, the provision in the Model Agreement for charges after 48 hours is
estsblished to comply with a Federal Emergency Management Association's (FEMA) rule. The
rule states that if local governments do not have a written agreement that provides for charges to
be paid to the Responding Party, FEMA will not reimburse the Responding Party for those costs.
Th~: rule allows short-term assistance to be given for no charge. The 48-hour figure is suggested
as EIn example bu.t it is something that can be negotiated on by the parties.
Otber questions
Before adopting the language from the Model Mutual Aid Agreement, it is important that city
officials understand the effect of these provisions, the reasons for them, and how their LMCIT
coverage would apply. If anyone has further questions, please call EUen Longfellow LMCIT
Loss Control Attorney, Peter Tritz LMCIT Administrator, or Tom Grundhoefer LMCIT General
Counsel at the League offices.
EH~ Longfellow 3/01
.
3
. VRajkOlNSki
11 Seventh Avenue North ~~~~~A~~I Ltd.
P.o. Box 1433
St. Cloud, Jv1N 56302-1433 January 29, 2003
320-251-1055
Toll Free 800-445-9617 Ms. Judy Weyrens
Fax 320-251-5896 Clerk Administrator, City of 8t. Joseph
25 College A venue North
P.O. Box 668
rajhan@rajhan.com St Joseph,. 1vfN 56374.
wwvv.rajhan.com Re: Naming Street
Our File No. 22641
Dear Judy:
With regard to the renaming of Little Crow Court, it is recommended that the following
amendment be made to the St. Joseph City Ordinances. This amendment can be followed
. by a resolution ofthe city counsel changing the name of Little Crow Court to the as yet
unspecified new name.
1. Section 31.2 is amended to read as follows:
Section 31.2: PROCEDURE FOR APPROV AL OF NAME. The
Frank J, Rajkowski" names for, or the renaming of, streets, avenues or roadways shall be
Gordon H. Hansmeier designated by resolution of the City Counsel based upon the
Frederick L. Grunke recommendation of the Planning Commission acting in accordance with
Section 31.1. As necessary and appropriate, the Planning Commission
Thomas G, Jovanovich· may solicit advice from the City Engineer when recommending the names
Paul A, Rajkowski· of streets, avenues or roadways. Approval of a plat by the City Council
shall act as designation of the names of the streets, avenues, or roadways
Kevin F. Gray contained in the plat, as they are identified in the final plat.
William J. Cashman
2. The City Council can then make the following resolution:
Richard W. Sobaivarro
Susan M. Dege BE IT ENACTED that the name of the street which is currently
LeAnne D. Bartishofski named "Little Crow Court," and which is located in the Indian Hills Park
Plat to the City of St. Joseph, in Steams County, Minnesota is hereby
Sarah L. Smith changed to . The City Council further authorizes the removal
Joseph M. Bromeland of all street signs bearing the name of "Little Crow Court," and the
replacement of those signs with signs bearing the name of
.ry J. Haupert
Frank j. Rajkollvski and Richard \.II/. Sobajvarro are admitted to practice in North Dakota, Gordon H. Hansme;er in North Dakota and Vvisconsin,
Paul A. Rajkowski and Sarah L. Smith in Wisconsin and !/'Ii!liam 1. Cashman in South Dakota.
"Member of Ameri'Can Board of Trial Advocates. ßQualifíed ADR Neutral.
V
January 29, 2003 .
Page -2-
If you have any further questions, please advise.
Sincerely,/,\,
I
!
RAJKOWSKl HANSMEŒR LTD.
~1
!
i .j I
'~w,,/\ ,
By L/ (_______/
Thomas G. 3òvanovich
TGJ/baw
.
.
~ Of GREATER ß1IM
~,fð W~~
~ ~;
~ ?
. Dedicated to a Strong Greater Minnesota
-
January 23,2003
Mayor Larry Hosch
City of S1. Joseph
P.O. Box 668
St.Joseph,~ 56374-0668
Dear Mayor Hosch:
Greater Minnesota, as a whole, is at a critical stage in trying to protect Local Government
Aid (LGA). Governor Pawlenty will likely propose a substantial 40-50% cut in LGA
when he releases his budget proposal on February 18. In addition, his administration is
developing a new LGA distribution formula that will probably result in major losses for
Greater Minnesota.
. We need your help. Membership this year in the Coalition of Greater Minnesota Cities
will cost your city nothing, yet it will make our organization considerably more effective
as we present Greater Minnesota's views at the Legislature.
Ifwe do not have more cities join, our chances to protect the interests of Greater
Minnesota are limited. To make membership easier during these uncertain times, the
CGMC has decided to waive the first year's dues for new members, provided new cities
attend two CGMC meetings during the year. New member cities will pay 50% of their
dues during their second year of membership, and 100% during their third year. The
general assessment is $1,000 plus $1.00 per capita.
Our current. 5 9 member cities have a history of actively fighting for rural Minnesota. We
ask that S1. Joseph join to help preserve Greater Minnesota's future. One of our members
will be calling you to answer any questions you might have about the coalition and to
encourage you to join.
Sincerely,
·~lJ
. Mayor Larry Buboltz, City of Detroit Lakes
President, Coalition of Greater Minnesota Cities
cc: Ms. Judy Weyrens, CityAdministrator-Clerk"'/
CGMC Positions on City Fundin2 Cuts and LGA Reform ·
City Fundine: Cuts
We believe all governments have a stake in solving the state's serious budget crisis.
· CGMC is willing to accept a reduction or elimination of the city portion of the
Market Value Credit, provided funding for LOA is not cut.
· Reducing the city portion of the Market Value Credit is fair because it distributes
the burden among all cities.
· Eliminating the city portion of the Market Value Credit amounts to a 13% cut in
city aid (LGA plus city market value credit).
Reformin2: the LGA Distribution Formula
We support refonn of the LGA distribution formula provided:
· The funding level is not cut. ·
· The formula is fair.
· The formula has a hold hannless factor or cities that lose funding are authorized to
impose a local option sales tax without a referendum.
·
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. Dedicated to a Strong Greater Minnesota
~
Contents
Left side
· What is Local Government Aid?-Provides an overview ofLGA and how your city is impacted
· LGA is about faimess.-Shows how your city would be impacted ifLGA were eliminated
· Fact Sheet-breakdown between metro and Greater Minnesota
· Property Tax Relief Programs at risk
· 2003 City Talking Points-a more in-dèpth view of LGA
· Building Public Support for LGA-our communications plan with several examples for cities to follow
· If LGA is Eliminated. . . - an example what infonnation coalition members receive
· If City MVC is Eliminated... - another example of the data we provide
Right side
· Brochure-an introduction to the CGMC
. · CGMC in Brief-a publication for CGMC members detailing events at the Capitol and events for
members. Produced weekly during session, less often the rest of the year:
· 2002 Legislative Session Update-final publication wrapping up what happened during session
· CGMC Committees-list of Greater Minnesota city officials who chair CGMC committees
· CGMC Positions on City Funding Cuts and LGA Refonn-approved at our Jan. 15 Legislative Action
Day in St. Paul
· Chronologies ofCGMC's Annexation, Environment, and Transportation issue areas
Also enclosed
· Sample resolution for city councils to use to join the coalition
· Membership information fonns, should you wish to join
. If your council would like to schedule a presentation from coalition representative
(city official or Flaherty & Hood, P.A. staff member) or if you have questions, please feel free to contact
Sarah Kleppe at 651.225.8840 or slkleppe@flaherty-hood.com
SAMPLE CITY RESOLUTION TO JOIN THE ·
COALITION OF GREATER MINNESOTA CITIES
VlHEREAS the State of Minnesota faces a potential $4.56 billion state budget deficit;
WHEREAS Local Government Aid (LGA), an important program to CITY, is at risk to be
reduced unfairly to help balance the aforementioned deficit;
WHEREAS the Coalition of Greater Minnesota Cities (CGMC) is an organization that works on
property taxes and LGA, annexation, economic development, environment, and transportation
issues which benefit Greater Minnesota; and
WHEREAS the first year's CGMC membership dues will be waived, CITY will pay 50% of
dues during our second year of membership and 100% of our dues during the third year.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CITY:
1. That the City of CITY hereby agrees to join the Coalition of Greater Minnesota Cities.
Adopted this the _ day of ,2003 ·
·
· 2003 Membership Information form
-
City name
Member name
Title
Address
Phone Fax
Email Webpage
.dditional members:
Member name
Title
Address
Phone Fax Email
Member name
Title
Address
.hone Fax Email
Coalition of Greater MN Cities 11embership Recruitment .
Incentive Plan:
2003 dues structure is $1,000 plus $1 per capita
St. Joseph: 2003 dues = 0
2004 dues = 50% of full rate ($2,956 using
current population estimate of 4,912 and
2003 rates)
2005 dues = 100% of full rate ($5,912 using
current population estimate of 4,912 and
2003 rates)
Sauk Rapids: 2003 dues = 0
2004 dues = 50% of full rate ($5,913 using
current population estimate of 10,826
and 2003 rates)
2005 dues = 100% of full rate ($11,826 using
current population estimate of 10,826 .
and 2003 rates)
Commitment to attend at least two official functions of the
CGMC each year.,
.
.ollege Avenue NW ity of St. Joseph
P.O. Box 668,
St. Joseph, MN 56374
(320) 363-7201
Fax: 363-0342
CLERK! DATE: January 29, 2003
ADMINISTRATOR MEMO TO:
Judy Weyrens Mayor Hosch
City Council Members
MAYOR City Administrator Weyrens
Larry J. Hosch FROM: JO';~~ ~ust & Cynth~~ith-Strack, Municipal Development Group
COUNCILORS RE: Economic Development Activity Report - January 2003
Bob Loso
Cory Ehlert
Kyle Schneider Municipal Development Group has been interacting with a number of prospects throughout the
Alan Rassier past month. Following is a summary of activities that have transpired. If you have any
questions on any of these or other projects, please do not hesitate to contact us at 952-758-
7399.
Business Prospects have been identified by a project number to protect the confidentiality of the
businesses.
. Project 01-Ä:
The construction of a 67,000 square foot building is underway for this company in the St.
Joseph Business Park. The DTED has approved the $42,000 grant to the City of St. Joseph
from the Minnesota Investment Fund for the establishment of a revolving loan fund. A low
interest (4%, 5-year term) equipment loan will in turn be given to the company. MDG prepared
the annual MIF report and submitted it to DTED as required.
Project 01-E
This project involves the expansion of a health clinic. MDG continues to be in touch with the
prospect's contact. An email was sent 1-22-03.
Project 01-F:
This project involves the locating of a fast food restaurant in the City of St. Joseph. MDG
followed up with a phone call on January 7, 2003. Letters were sent to the commercial realtor
and the fast food restaurant contact on 1-22-03 thanking them for their interest in locating in St.
Joseph.
Project 01-1:
This company is considering the purchase of approximately 5 acres in St. Joseph Business
Park for a 12,000 square foot facility. The company has an option on the lot but is waiting to
proceed with the closing on the property until they sell real estate they own in another
community. A letter was mailed on 1-22-03.
Project 01-J:
This developer owns a commercial subdivision in St. Joseph. MDG has provided information on
the available sites to prospects over the past year. On January 7, 2003, MDG called and
arranged a meeting with the developer and a St. Joseph business for January 15, 2003. At the
. meeting the developer, a representative from the local business and EDA staff reviewed
information relative to the needs of the local business including overflow space currently needed
and plans for a new structure in three years.
Project Report - January, 2003 Page 1 of 4
Project 01-N: .
This commercial business is considering the construction of a 3,000 square foot office facility in
St. Joseph (not in the St. Joseph Business Park). MDG sent an e-mail regarding the status of
their site selection on January 7, 2003. Emailed on 1-29-03 to advise of proposed professional
office lease space construction.
Project 02-E:
This company contacted the City in February, 2002 regarding commercial sites Y2 to 1 acre in
size for a 5,000 square foot commercial enterprise. MDG followed up with the company contact
on January 2, 2003 and scheduled a meeting for January 22, 2003. At the meeting the
developer and EDA staff discussed sites available, costs, construction requirements, etc.
Project 02-L
This company contacted the city on April 29, 2002, regarding potential space for the
construction of a office/warehouse and office facility. They are interested in constructing a
12,800 square foot multi-tenant building in St. Joseph business park, with plans for an additional
9,600 square feet. MDG was in contact with the company contact on January 2 and January 21,
2003. The company signed purchase agreement for a 3.0 acre parcel which is a part of Lot 1,
Block 2, Buettner Business Park. A February 3, 2003 closing date has been scheduled, EDA
staff mailed the developer a letter on January 29th and contacted the land owner regarding filing
of final plat prior to February 3rd closing.
Project 02-R:
This company is interested in a site for a 7,000 square foot building. MDG corresponded with
the company on January 7, 2003. The company contact requested information on developers
who may build-to-suit for either purchase or lease. MDG provided the information on 1-22-03.
Project 02-U .
The Department of Trade and Economic Development requested proposals from cities in
August, 2002 for this company. A proposal was submitted on behalf of St. Joseph, by MDG.
On January 6th, DTED e-mailed that they have forwarded additional information on financial
incentives available in MN to the company and have requested a meeting. It appears all 88
communities/locations are still under consideration.
Project 02-V
This company contacted the City on September 18, 2002. MDG met with the owner and
discussed sites, zoning, covenants and incentives. The company needs 3,800 to 5,000 sq. feet
and is interested in leasing. MDG followed up on January 7, 2003. The company has leased
some storage space in the community but is interested in land for an expansion in the future, if it
is reasonable. MDG followed up on January 22nd with information regarding a 2.2 acre parcel
that is available. Contact expressed interest in the acreage.
Project 02-Y
This prospect contacted MDG on October 7, 2002 indicating he had met with City
representatives a few years ago regarding new construction in the Buettner Business Park,
MDG contacted the prospect on January 7, 2003. The company is still interested in 1 to 1 Y2
acres of industrial land in the community. MDG contacted the company on January 22, 2003
with information regarding a 2.2 acre parcel that is available. Contact expressed interest in the
acreage.
Project 02-Z
This company contacted the MDG regarding relocation of their current commercial facility on
10-31-02. MDG followed up on January 2, 2003 regarding two potential sites. MDG followed
up on January 16th with information regarding a potential site and contact information was .
faxed. MDG followed up with a phone call on January 29, 2003 regarding status of site and if
an offer was made.
Project Report - January, 2003 Page 2 of4
Project02-AA
. This prospect contacted the MDG on November 4, 2002 regarding industrial lots within the
Buettner Business Park. MDG conducted follow-up calls and/or meetings on December 16th,
26th and 30th. MDG also contacted the County Highway Department and City Engineer
regarding access the proposed lot. The Planning Commission met on January 6th to review a
request for a Final Plat which included the subdivision of part of Lot 1, Block 2, Buettner
Business Park. They are recommending approval. The Council will review the request on
January 16,2003. On January 7,2003, the company reported they had scheduled their closin~
date on a 3.0 acre parcel in Buettner Business Park for February 3, 2003. On January 29
MDG followed up with the land owner regarding recording of the final plat prior to closing on
February 3, 2003.
Project 02-88
This prospect contacted the city in November seeking information on 300 - 400 sJ. of available
commercial lease space. MDG followed up on several occasions, most recently on 1-22-03
leaving a message with information regarding lease space and contact information.
Project 02-CC
This prospect contacted MDG on November 22, 2002 regarding available acreage within the
Buettner Business Park. MDG forwarded information on the park and available space to
purchase and possible space to lease. MDG spoke with the company representative on
January 7, 2003 and met with two of the contacts on January 8, 2003. On 1-17-03 MDG
prepared information the construction of a 9,200 sJ. facility on a 2 acre parcel. On 1-22-03
MDG contacted the developer again on January 22, 2003. Developer indicated he is awaiting
further information on a 2.2 acre parcel.
Project 02-DD
. This developer contacted the City on December 9th regarding available commercial sites. MDG
met with the developer on December 10th and provided information on possible sites and
contacts. MDG followed up with the developer on January 7, 2003. The developer has
contacted an owner of commercial land but they had not yet provided him with a price.
Project 02-EE
This developer met with MDG on December 10th regarding a possible 6,000 square foot
commercial building. Information relating to zoning requirements and commercial sites were
discussed. MDG placed a follow-up call on January 7,2003. The project is proposed for 2003.
Project 02-FF
This developer contacted the City on December 26, 2002 regarding a specific parcel in the
Buettner Business Park. The lot is currently zoned industrial, however, the land owner wishes
to rezone to commercial, but has not filed the request. The prospect is only interested in the
parcel if it remains industrial. The land owner indicated he is not willing to sell the parcel for
industrial use. MDG prepared additional information including alternate sites, zoning
regulations, background information on the City and demographic data. The developer stopped
by the City offices on 12-26-02 and picked up the information. MDG left a message for the
developer on 1-7-03. MDG spoke with the developer on 1-13-03 who indicated he was still
interested in an industrial lot (minimum 6 acres) in the City of St. Joseph, but he had not had a
chance visit proposed sites first hand. Developer indicated he would within the next two weeks
and asked MDG to follow up with him at the end of the month. MDG phoned and left a
message for the prospect on 1-29-03 regarding site visits.
Project 03-A
These developers are interested in a highway commercial development in an area not yet
annexed into the City. MDG has been working with them over the past month to discuss the
. project as it relates to the orderly annexation agreement, comprehensive plan, utility extensions
and zoning regulations. Further correspondence emailed on January 15, 2003. MDG followed
up on January 22 and January 29th.
Project Report - January, 2003 Page 3 of4
Project 03·8 .
This business contacted the city on January 7, 2003. They are interested in a 1 to 1 ~ acre
industrial site. MDG contacted the owner of industrial property east of Buettner Business Park
regarding availability. MDG followed up with the contact on January 22, 2003.
Project 03-C
This prospect contacted the City on January 6, 2003. The are interested in a commercial
development, but in the initial planning stages. MDG met with the prospects at the City on
January 15, 2003. They are looking for a short-term lease for about 2,000 s.f. of commercial
space.
Project 03-D
St. Cloud Area economic development contacts were invited to a presentation at the St. Cloud
Area Economic Development Partnership on Friday, January 10, 2003. At the meeting two
entrepreneur's shared their interest pursuing project involving processing plant which would
flavor pre-dressed poultry for distribution to the home replacement meal market. MDG is
awaiting additional information from the company regarding water usage and entry wages prior
to submitting a proposal. On January 15, 2003 MDG em ailed the prospect regarding water
usage. The prospect emailed information which was submitted to the City Engineer on January
16, 2003 for comment. The prospect phoned on 1-24-03 and a proposal was submitted on
January 29, 2003.
Other:
MDG has been working on the development of economic development related materials for the
City of St. Joseph web site, including an inventory of available commercial/industrial properties.
MDG has also been working with the Planning Commission on the review of the Zoning
Ordinance and update of the Subdivision Ordinance. MDG is in the process of updating the .
City's Community Profile which is on file with the Department of Trade and Economic
Development.
.
Project Report- January, 2003 Page 4 of 4
Overtime and Callouts
· January 17, 2003 through January 30, 2003
_¡z~_'~. _.4R;~&!_¡t.1
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1/18/03 3.00 hrs Weekend Work 1/23/03 2.00 hrs Court
1/19/03 3.00 hrs Weekend Work 1/28/03 4.00 hrs 1 st Responder Training
1/20/03 3.00 hrs Holiday Work 1/29/03 3.00 hrs Firearms Training
1/30/03 4.00 hrs 1 st Responder Training
_1iIw1llllì_ I_----,¡t-
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1/18/03 2.00 hrs Call Out-Lift Station
1/25/03 3.00 hrs Weekend Work 1/28/03 4.00 hrs 1 st Responder Training
1/26/03 3.00 hrs Weekend Work 1/30103 4.00 hrs 1 st Responder Training
-~ I_·"""'I_·""""T~II
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1/24/03 2.00 hrs Problems at Water Plant 1/20/03 1.00 hrs worked extra hour
1/28/03 3.00 hrs 1 st Responder Training
1/30/03 3.00 hrs 1 st Responder Training
_.~-
· _ ,,..,,' '._ J!W__,__ __",2"@'~" _~, '__'''_A~Ù=,k~___Æ.__ -, _y _ "',,^, ...__'-""',,____. -. , :- ',' :
1/22/03 2.00 hrs Court
1/28/03 4.50 hrs 1 st Responder Training
1/29/03 3.00 hrs Handgun Training 1/20103 5.00 hrs Holiday Work
1/29/03 3.00 hrs handgun training
1/30/03 4.00 hrs 1 st Responder Training
·
St. Joseph · Sartell · Waite Park
NEWS LEADER ·
VON MEYER PUBLISHING INC.
Jan. 13,2003
Mayor Larry Hosch
S1. Joseph City Council
City of St. Joseph
S1. Joseph, MN 56374
Dear Mayor Hosch and Council Members:
The St. Joseph Newsleader is proud to have served the S1. Joseph community
for the past 13 years. We are especially pleased to have been selected as the
legal newspaper for the City of St. Joseph for the past four years, and look
forward to continuing in this capacity in 2003. Weare confident we can
continue to fulfill our responsibilities to the S1. Joseph community in a
competent and professional manner. ·
The St. Joseph Newsleader continues to rank very high in readership. For the
past four years, our circulation audit has verified 94 percent or better
readership in the S1. Joseph area, which ranks within the top 10 percent
nationwide for weekly newspapers. The newspapers are delivered to 3,350
households in the S1. Joseph area, and distribution has been free weekly since
September 1999.
Thank you for the opportunity to serve the city and residents of S1. Joseph. It
is a pleasure to be a member of this community.
Sincerely,
~-l~t~
Janelle Von Pinnon
Publisher
JVP:rb ·
Janelle Von Pinnon, Publisher' P.O. Box 324 . St. Joseph MN 56374' 320-363-7741/1-800-386-2261
Fax 320-363-4195 . newsleader@mn.astound.net
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· What is Local Government Aid?
LGA is property tax relief.
LGA enables cities with lower property wealth to provide needed municipal services at
a reasonable tax rate. Without LGA, taxes would skyrocket and services would be .
slashed.
Greater Minnesota needs LGA.
Eliminating or reducing LGA will seriously weaken regional centers and small cities.
Taxes will go up and services will go down, encouraging people and businesses to leave
greater Minnesota for other states or the Twin Cities metro area.
LGA is good for Minnesota.
Cities are front line service providers for public safety and the public infrastructure
needed for business development. Hurting a city's ability to provide services will hurt
the state's economy.
LGA is needed for equity.
Eliminating or reducing LGA would cause enormous disparities in tax rates and
services between cities.
Revenue-raisin ita
· $306 $159
st.' Joseph
Saint Cloud
St. Paul
Edina
$0 $500 $1,000 $1,500 $2,000
I . Tax Base lIT! L GA I
· Prepared by Flaherty & Hood, P.A. for the Coalition of Greater Minnesota Cities, data based on 2002
Adjusted Net Tax Capacity and DOR certified aid amounts. Population data from 2001. January 2003
LGA is about fairness. .
LOA helps lower-wealth cities provide basic urban services like police
and fire protection. Without LOA, many cities would have to go without
many of these services, or significantly raise property taxes. Either would
hurt economic development in lower-wealth cities and risk their decline.
Percentage increase in city
property taxes if LGA eliminated
St. Joseph .
Saint Cloud
St. Paul 160 oj(
Edina 00/0
0% 20% 40% 60% 80% 100% 120% 140% 160% 1800/0
Prepared by Flaherty & Hood, P.A. for the Coalition of Greater Minnesota Cities, data based on 2002 city .
levies & cert(fied aid amounts from the Dept. of Revenue. Assumes a full levy back. Janum)! 2003
FACT SHEET
.
2001 Property Tax Reform Distribution ..
of Net Tax Relief from Aids & Credits
Metro Cities $576,864,344 72%
Greater Minnesota Cities $223,038,904 28%
Total $799,903,248 100%
Source: House Research run totsav05, September 7, 2001
LGA Distribution in 2002
Metro Cities $237,088,157 42%
. Greater Minnesota Cities $327,902,795 58%
Total $564,990,952 100%
Source: Department of Revenue data
Market Value Credit Distribution in 2002
Metro Cities $55,598,379 63%
Greater Minnesota Cities $32,119,044 37%
.
Total $87,717,423 100%
Source: Based on the Abstract of Tax Lists. Includes both homestead & agricultural credit.
.
Prepared by Flaherty & Hood, P.A. for the Coa/iUon of Greater Minnesota Cities.
January 8, 2003
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2003 City T a/kinq Points:
Local Government Aid & the State Budget Deficit
All local governments have a role to play in helping to solve the state's $4.56
billion budget deficit. "VhiIe cities can accept a solution that includes a
reasonable reduction in city aid payments, funding for Local Government Aid
(LGA) should not be cut.
· LGA was .created to help poorer communities. Cutting funding for LGA
will hurt those cities the most. It would unfairly burden poorer cities -
those communities that received the least benefit from the 2001 property tax
reform bill - and protect wealthy Twin Cities suburbs that received most of
the tax relief in 2001.
· Reducing LGA funding will lead to an increase in city property tax, a
reduction in citv services, or both.
, .
. · Cities contributed $143 million in FY 02-03 and $105 million in FY 04-05
. to balancing the state budget (funding to reform LGA and funding for Tax
Inc~ement Financing Grants).
Funding for LGA should not be reduced because it is an integral part of the
2001 property tax reform agreement. If the Legislature must undo property tax
reform, it should repeal the state takeover of local transit levies and not cut
LGA.
· Repeal of the transit levy takeover would save the state about $260 million
in FY 04-05.
· The state takeover of general education and transit levies disproportionately
benefited the Twin Cities metropolitan area and significantly contributed to
the current budget deficit.
· The annual growth in LGA funding is 2.5 percent. From FY 2002 to 2003,
state general fund revenues grew by 4.7 percent.
.
.
While cities are willing to accept funding cuts that are fair and equitable, it must
be understood that the budget crisis resulted from many factors.
· About $5 billion in tax cuts enacted since 1997.
· The 2001 tax reforms that showered Minnesota's wealthiest cities and
taxpayers with hundreds of millions of dollars in property tax relief.
· A national recession.
· Poor econpmic planning. Economists repeatedly warned the state to prepare
for a national recession, but the warnings were ignored by former Gov.
J esse Ventura and House legislators, who were intent on passing another
round of tax cuts.
The Legislature must understand that the budget deficit is a temporary crisis. It
must not impose changes that permanently damage the state's economic vitality.
· Cities form an important part of the ìvfinnesota's economic backbone. They
must not be economically crippled by a hastily conceived plan to solve the .
budget crisis.
· .Any funding cuts must be based not only on the tax relief cities realized
under the 2001 tax reforms but also on their ability to pay.
· Cuts in city services as \vell as increases in local property taxes and fees
\vill result from state choices, not local spending increases.
Prepared by Flaherty & Hood, P.A., for the Coalition of Greater /vIinnesota Cities
January 9, 2003
.
. Dedicated to a S~rong Greater Minnesota
-
Building Public Support forLGA
To save Local Government Aid (LGA), all CGMC members must
participate in the CGMC's communications program.
· General guest columns
) Written and submitted to media by Flaherty & Hood P .Ä. (F&H)
) Signed solely by the CGMG president or vice-president.
· Guest column
) Written and submitted by individual CGMC mayors
) F&H will provide data if requested by city
· Newspaper briefings
. ) John Sundvor and CGMC members will meet with Greater
Minnesota media
> One month, beginning January 22, 2003
· Newsletter articles
> Submitted by CGMC members
> Prototype furnished by F&H
· Radio actualities
) F&H will solicit quotes fromCGMC mayors/managers
· News conferences/press releases
) Planned by F&H to respond to
- Governor's budget proposal and
- House and Senate floor action
· Websites?
· Television commercial?
Please send Sarah your local news articles on LGA
. fax 651.225.9088; email: slkleppe@flaherty-hood.com; or
mail 444 Cedar Street, Suite 1200, Saint Paul, MN 55101
Draft.. .Not for Publication
January 14, 2003 .
Guest Column
ST. PAUL - In the run-up to the Legislature's deliberations on how to best fIx a $4.56
billion projected budget deficit, Local Government Aid has been vilifIed as a black hole,
a worthless program that exists only to suck wealth from state government.
Detractors of the program would have you believe that LGA has become an archaic
program that has long outlived its usefulness. They contend that its intent and
effectiveness have been corrupted by years of political mischief.
Their propaganda campaign clearly is designed to validate a course of action many
people would otherwise find objectionable. They are attempting to justify either repealing
or crippling a program that for years has served taxpayers in Minneapolis, St. Paul and
greater Minnesota quite well.
Legislators from some of the Twin Cities better healed suburbs have never been able to
accept the notion of sharing some of their wealth with less fortunate cities and suburbs.
They cling to the belief that taxpayers deserve only the government services they can
afford.
It is a political belief that groups Minnesota's cities into collections of haves and have- .
nots. It suggests that Minnetonka, Bloomington, Eden Prairie, and Eagan should have
better police and fire protection because the four cities have more property wealth - or
economic development - than other cities. The argument embodies a public policy
objective that is based on greed and self-interest, a concept that is alien to Minnesota.
Local Government Aid was created to help cities with lower property wealth provide a
basic level of services at a rate local taxpayers could afford. Over the years, the state
revenue sharing program has been instrumental in holding doW'll property taxes in lo\v-
wealth communities.
Without the Local Government Aid program, property taxes in cities throughout greater
Minnesota would be sharply higher today than those in the Twin Cities. Rural taxpayers
would be paying more for fewer services.
If city councils were to recapture the revenue lost through elimination of the Local
Government Aid program, property taxes in Detroit Lakes would have to be increased
103 percent. In Crookston the property tax increase required to offset the loss would be
200 percent, in Willmar it would be 227 percent, and in Bejou it would be 649 percent.
Taxpayers in Bloomington, Edina, Eden Prairie and Minnetonka, meanwhile, would see
no increase in their property taxes if suburban legislators succeeded in repealing the e
Local Government Aid program.
I
Draft. . .N ot for Publication
. By reducing or eliminating Local Government Aid to help solve the budget crisis, the
governor and legislators would be ordering those cities that got the least benefit from the
2001 property tax refonns to pay for the damage created by spending almost $1 billion on
property tax relief for expensive homes, businesses and apartments during a recessionary
period.
City officials generally agree that they have a role to play in solving the state's budget
crisis. But everyone must be involved in the solùtion, not just the poor. We do not accept
the unfair proposition that the solution should be based on sacrifice in low-wealth cities,
while high-wealth communities enjoy the benefits of tax refonn.
Local Government Aid must not be a vehicle used to solve the budget crisis. Reducing or
eliminating the aid program undennines rural Minnesota's economy by weakening the
viability of its cities. We do not promote economic development with service cuts and
tax increases. We do not improve Minnesota's economy by destroying the state's rural
economy.
That is not good public policy.
Sincerely,
. A/~&M¿;
Detroit Lakes Mayor Larry Buboltz,
President, Coalition of Greater Minnesota Cities
-
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Sample newsletter article
.
The state's budget deficit will hit a lot closer to home ifLGA, a program that helps provide property tax relief
to the citizens of Winona and other low property weålth cities, is severely cut or eliminated.
Winona depends on Local Govemment Aid (LGA) to help provide services such as fire and police protection,
libraries and street maintenance. ,Big reductions in the state aid program would curtail these services and bring
many other city activities to an immediate halt. The end ofLGA would also lead to a dramatic increase in
property taxes, meaning that you would pay higher taxes for fewer services. Without a reduction in services,
the loss ofLGA would cause your taxes to rise by over 300 percent, a huge amount by anyone's estimation.
The Local Government Aid program was established over thirty years ago in recognition of the fact that cities
are :fi:ont line service providers. Past leaders understood that all citizens deserve equitable public safety and that
cities provide the public infi;astructure needed for business development. Curtailing the ability of cities to
provide such services will hurt not only cities like Winona, but will hurt the economy of the entire state.
Since much of the property wealth in the state is concentrated in the metro area, cuts in LGA will have the
greatest impact in Greater Minnesota, which has lower property wealth and is much more dependent on state
aids. Both regional centers and small cities would be weakened by higher taxes and reduced services,
encouraging people and businesses to leave Greater Minnesota for other states or the Twin Cities area.
~e City of Winona has worked hard to provide services at a reasonable cost to its residents. We've watched
r spending, employing far fewer people today than we did in 1990, and are always looking for better, more
inexpensive, ways to provide services. There is little fat to'cut out of the budget, so the elimination of state aid
would have devastating consequences, including severe cutbacks in essential services such as police, fire and
public works. The city would also immediately shut down all non-essential services such as the library, senior
citizen center and park, recreation and pool activities, negative1yimpacting every resident in the city of Winona.
The elimination of LGA would raise property taxes, cut critical services.
After a campaign vow not to raise any taxes and a promise to cities to preserve and protect LGA, Governor Tim
Pawlenty is now considering a major reduction of the Local Government Aid program, which will lead to
higher local property taxes and reduced services for low-wealth cities like Winona. The following graphs show
the impact the loss of aid could have on the residents and businesses ofthe city.
-
See page two for graphs
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. If LGA is Eliminated...
The attached table shows for each city:
· 2002 tax base per capita,
· the city's 2002 tax rate,
· amount of 2002 grandfathered aid,
· amount of 2002 formula aid,
· 2002 LGA before state administrative reductions,
, . the city's 2002 spread levy,
· the city: portion of 2002 Market Value Credit (MVC), and
· the percent increase in city property taxes if LGA is eliminated
(assumes a full levy back).
.
----.. -
. Based on Department of Revenue data.
Prepared by Flaherty & Hood, P.A. for the Coalition of Greater Minnesota Cities.
January 10, 2003
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.' IfCityMVCisEliminated. . .
Thecityportionofthehomestead&agricultural'Market
Value Gredit(MVC) is $87.7 million.
The attached table showsJoreachcityin 2002:
· Taxbase<percapita
· City tax rate
· LGA
· Spread levy
." Localrevenuebase
· CityportionoftheMVC
· MVCâsapercent~geofthelocal revenue base
. Percent increase in city property taxes if the cityMVC is eliminated
(Assumes afuHlevy back)
.
. Assumes a full levy back of the homestead & agricultura/MVC. Based on Department of
Revenue data and the Abstract of tax lists.
Prepared by Flaherty & Hood, P.A. for the Coalition of Greater Minnesota Cities.
January 14, 2003
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.
A Brief Explanation
In the 2001 legislative session the legislature adopted a new Market Value Credit (MVC)
program for residential homes and agricultural homes. It was designed to increase the amount
of homestead property tax relief and prevent homestead tax increases due to the 2001 tax law.
Within each county, the auditor certifies the homestead tax reductions from the MVC and
submits the amount to the Commissioner of Revenue. The commissioner then reimburses each
local taxing jurisdiction (other than schools, which are handled differently) for the tax
reductions.
The credits are used to proportionately reduce the net tax capacity-based property tax payable
to each local taxing jurisdiction. The payments come in two equal installments: one on
October 31 and one on December 26 in the year that the reductions are granted. (The
reimbursements related to tax increment districts will be issued once a year on December 26.)
The total appropriation in 2002 for the new Market Value Credit equals $323 million* for .
residential homes and approximately $18 million* for agricultural land.
The Market Value Credit equals:
For residential homes (class 1 a, 1 b, 1 c & 2a - house garage and one acre only, not cabins)
For homestead with value less than $76,000
0.4 percent of the market value of the home.
For homestead with value more than $76,000
$304 minus 0.09 percent of the market value in excess of576,000
For agricultural homestead land (excluding house, garage, and 1 acre)
For taxes payable in 2002:
0.2 percent of the market value of the home to a maximum of$230.
For taxes payable in 2003 and thereafter:
For agricultural land with value less than S 115,000:
0.3 percent of the market value of the home to a maximum of$345
For agricultural land with value from $115,000 to $345,000:
5345 minus 0.05 percent of value in excess of5l15,000
For agricultural land with value over 5345,000: 5230
*Datafrom House Research Simulation I YK. page iii, .
See .Hinnesota Laws 200 I. ch. 5. art. 3. j 3 ì (/51 Sp, Sess.200!.)
Prepared by Flaherty & Hood. P,.-I.for the Coalition of Greater J/innesota Cities.
January /4. ]1)03
. Coalition of Greater MN Cities Membership Recruitment
Incentive Plan:
2003 dues structure is $1,000 plus $1 per capita
St. Joseph: 2003 dues = 0
2004 dues = 500/0 of full rate ($2,956 using
current population estimate of 4,912 and
2003 rates)
2005 dues = 100% of full rate ($5,912 using
current population estimate of 4,912 and
2003 rates)
Sauk Rapids: 2003 dues = 0
2004 dues = 50% of full rate ($5,913 using
current population estimate of 10,826
and 2003 rates)
2005 dues = 1000/0 of full rate ($11,826 using
. current population estimate of 10,826
and 2003 rates)
Commitment to attend at least two official functions of the
CGMC each year.
.
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. Dedicated to a Strong Greater Minnesota
-
The Coalition of Greater Minnesota Cities (CGMC) is a nonprofit advocacy
organization representing 59 cities located outside of the Twin Cities metropolitan area.
For more than 20 years, the CGMC has united Greater Minnesota cities with similar
concerns. The coalition educates legislators about issues important to Greater Minnesota
and gives cities a strong voice at the Legislature.
The CGMC is the only organization that brings Greater Minnesota city officials and
legislators together to discuss the issues confronting Greater Minnesota.
CGMC Member Cities
Albert Lea Janesville Rochester
Alexandria Le Sueur Roseau
Austin Litchfield Rushford
. Baxter Little Falls St. Charles
Bemidji Luveme S1. Cloud
Benson Mankato S1. James
Brainerd Marshall St. Peter
Cambridge Montevideo Sartell
Crookston ' Moorhead Staples
Detroit Lakes Mora Stewartville
East Grand Forks New DIm Thief River Falls
Faribault North Mankato Virginia
Fergus Falls Owatonna Wadena
Glencoe Park Rapids Waite Park
Goodview Pelican Rapids Warroad
Grand Rapids Perham Waseca
Granite Falls Princeton Willmar
Hennantown Red Wing Windom
Hoyt Lakes Redwood Falls Winona
International Falls Worthington
CGMC Mission
CGMC cities are dedicated to a strong Greater Minnesota. Our mission is to develop
viable, progressive communities for businesses and families through strong economic
growth and good local government. We support fair property taxes, good land use
. planning, sensible environmental regulation, a balanced transportation system, and
effective economic development tools to meet that goal.
January 2003
Coalition of Greater Minnesota Cities
January 24, 2003 Contact: Sarah Kleppe
651.225.8840
CGMC in Brief
Message to City officials from over 40 coalition member cities attended the CGMC's
Legislature: CGMC Legislative Action Day in St. Paul Jan. 15. CGMC cities sent a strong
message to legislators: They are ready to debate the merits of Local
is ready for public Government Aid (LGA) and willing to help solve the state budget deficit.
policy debate
Over 50 legislators attended either the policy forum on LGA or the
Legislative Reception at Mancini's.
Sparks fly at LGA Senate Majority Leader John Hottinger (DFL-St. Peter), Senate
policy forum Minority Leader Dick Day (R-Owatonna), House Speaker Steve
Sviggum (R-Kenyon), House Minority Leader Matt Entenza (DFL-
St. Paul), and CGMC President Larry Buboltz (mayor, Detroit
Lakes) participated in a policy forum on LGA and the state budget
deficit hosted by the CGMC.
Legislators and CGMC members engaged in a spirited healthy exchange
of ideas and positions with the panelists.
Aggressive Cities will have to take their case to the public to stop an anticipated
communications proposal to cut 40% of aid. The communications program vvill start in
plan initiated-your January with guest columns from mayors, nevvsletter articles, television
spots, radio actualities, and information posted on city websites to
help needed educate the public about the importance of LGA. Specific information
will be sent to mayors and administrators this \veek.
New CGMC CGMC members decided to pursue an aggressive recruitment initiative to
members needed for improve Greater Minnesota's ability to save Local Govemment Aid from
success Gov. Pawlenty's budget cuts.
Coalition members interested in recruiting a city should contact Sarah at
slkleppe@f1aherty-hood.com or 651.225.8840 for recruitment materials.
Flaherty & Hood Flaherty & Hood, P.A. staff held meetings with a member of the
pitches governor's govemor's staff and several legislators last week to discuss the CGMC's
staff, key legislators position on LGA and the state budget deficit. While some progress was
made, it is clear that the active participation of coalition members could
be the deciding factor to preserve LGA funding.
Save the date! Our annual summer conference will be held in Fergus Falls July 23-25.
More information \vill follow in the months to come.
Prepared/or the members a/the Coalition a/Greater Minnesota Cities by Flaherty & Hood. P.A.
. Dedicated to a Strong Greater Minnesota
~
CGMC Committees
The Coalition of Greater Minnesota Cities' committees lobby and occasionally testify at
the Legislature and guide the work of staff. Committees typically meet via conference
call or in conjunction with coalition full membership meetings.
To join one ofthe following committees, call or e-mail Sarah Kleppe at (651) 225-8840
or slk1eppe@flaherty-hood.com.
Property Tax Committee
Chair:
Bonnie Rietz, Mayor, Austin
. Annexation Committee
Co-chairs:
Gary Neumann, Assistant Administrator, Rochester
Patti Gartland, Administrator, Sartell
John Ellenbecker, Mayor, S1. Cloud
Transportation Committee
Co-chairs:
Pat Hentges, Manager, Mankato
John Ellenbecker, Mayor, S1. Cloud
Environment Committee
Co-chairs:
Chuck Ackman, Mayor, Faribault
Keith Nelson, Assistant Manager, Winona
Economic Development Committee
Co-chairs:
. H. Dan Ness, Mayor, Alexandria
Jeff Kagermeier, Mayor, Mankato
Judy Bodway, Economic Development Director, Winona
CGlYIC Positions on City Fundin2 Cuts and LGA Reform ·
City Fundin2 Cuts
We believe all governments have a stake in solving the state's serious budget crisis.
· CGMC is willing to accept a reduction or elimination of the city portion of the
Market Value Credit, provided funding for LGA is not cut.
· Reducing the city portion of the Market Value Credit is fair because it distributes
the burden among all cities.
· Eliminating the city portion of the Market Value Credit amounts to a 13% cut in
city aid (LGA plus city market value credit).
Reformin2 the LGA Distribution Formula
\Ve support reform of the LGA distribution formula provided:
· The funding level is not cut. ·
· The formula is fair.
· The formula has a hold hannless factor or cities that lose funding are authorized to
impose a local option sales tax without a referendum.
·
· Dedicated to a Strong Greater Minnesota
-
CGMC Annexation & Land Use Program
Chronology of Legislative Activities, 1991 - 2002
1991 Case Analysis: CGMC conducts a case analysis ofthe annexation process in Minnesota.
The case analysis made two primary findings.
1. Annexations are likely to fail whenever there is significant controversy or township
opposition b~cause constraints contained in the law.
2. There appears to be a statutory and procedural bias against annexation; decisions appear
to be based on political rather than evidentiary or factual determinations.
Based on these findings, the report made three primary recommendations for changes:
1. Restructure contested annexation process so cities can take cases to an Administrative
Law Judge or alternatively eliminate the Minnesota Municipal Board (MMB).
2. Reduce the discretion of the MMB by making annexation a requirement, not an option.
'" Reduce the statutory and procedural bias against annexation by eliminating the election
.J.
· requirement arid eliminating the county commissioners on the MMB.
1992 Vote Repealed and 60-Acre Provision Passed - CGMC su~cessfully lobbied to repealthe
township annexation election/voting requirement, and lobbied and passed the 60-acre annexation
by ordinance provision allowing for automatic annexation without a hearing for property owner
petitioned annexations under 60 acres in size.
1993 Proposed Elimination of MMB and Protected 1992 Changes - CGMC proposed
legislation to eliminate the MMB or to alternatively change the composition of the MMB.
Townships introduced legislation to repeal 1992 changes, which the CGMC successfully lobbied
to defeat. CGMC also participated in interim hearings on the annexation process.
1994 Townships Seek Vote and CGMC Wins LaCrescent Case - CGMC successfully
lobbied to defeat township legislation to repeal the 1992 law changes. While the House passed
the township bill, the CGMC successfully lobbied the Senate to require a compromise, which
protected the 1992 changes. The CGMC also won the LaCrescent Court of Appeals case where
the Court held that the 1992 changes were valid and did not interfere with the orderly annexation
process. The CGMC also produced an annexation video for lobbying purposes.
1995 Interim Process Hearings - CGMC introduces legislation to eliminate the MMB.
Townships introduce legislation to repeal the 1992 changes. CGMC successfully negotiated a
process for hearing annexation bills with negotiations that will take place over the interim.
· CGMC successfully lobbied to defeat all bills and amendments from going forward.
1996 CGMC Seeks and Builds Support for Sunset of MMB - COMC introduces legislation .
to restructure the annexation process and to require automatic annexation if a city is ordered to
provide services. The COMC successfully lobbied to build support for this legislation and
successfully opposed efforts by townships to reinstate the annexation election requirement.
1997 MMB Sunset Passed - COMC successfully lobbied to obtain a compromise agreement
with cities, townships and counties to eliminate the MMB effective Dec. 31, 1999 and passed
legislation that if the MPCA requires a city to provide services, the city can annex the area
ordered to be served automatically.
1998 Defeat MMB Sunset Extension - COMC successfully lobbied against efforts to extend the
sunset of the MMB from 1999 to 2002. COMC negotiated to protect the changes made in 1997
and implement the agreement between cities, counties, and townships. COMC also made
changes to the Community-based Planning Act so that planning functions would remain a local
function and lobbied successfully against certain property rights amendments.
1999 MMB Sunsetted and Process Restructured - COMC lobbied successfully to uphold the
1997 agreement to sunset the MMB. When the MMB unexpectedly resigned, the legislature
moved the date of the sunset up to June 1, 1999. COMC also began negotiations in the summer
and fall of 1999 to replace and restructure the contested annexation process with a new
alternative dispute resolution process or a hearing before an Administrative Law Judge. COMC
also defeated efforts by the townships to reinstate the annexation election requirement.
2000 Clarification Bill Passed - COMC successfully lobbied to pass a bill clarifying the .
mmexation authority of the I'v'1innesota Planning Agency providing that wIN Planning has the
authority to transfer contested cases for a binding decision by an Administrative Law Judge.
COMC successfully lobbied against a bill to reinstate the annexation election requirement.
2001 New Anti-Annexation Group Formed - Townships dissatisfied with progress fOl1TIed a
new more aggressive anti-annexation lobbying group called the Local Oovernment Alliance.
This group, along with the ìvlN township association, began a new effort to reinstate to restore
the annexation election requirement, reinstate the Municipal Board process, eliminate the 60-acre
provision, and eìiminate a ciLies ability to anIlex an area that it is ordered to provide services to.
COMC successfully lobbied the House, Senate and Oovernor to take the position not to make
any changes to annexation law in 2001 in order to give the new annexation process a chance to
\.vork. The House ordered interim hearings on the successes and failures of the new process for
fall of2001, at which the COMC appeared and testified.
.
2002 Cities Defeat Right to Vate - Based on efforts in 2001, township associations begin full
scale aggressive campaign to reinstate the annexation election requirement. Follo\ving interim
hearings, the House decided to hear the township's bills. The COMC successfully lobbied to
defeat the township legislation in the House Local Oovernment Committee and successfully
lobbies the Senate not to hear any annexation election bills during 2002. COMC assisted in
passing a Minnesota Planning teclmical corrections bill making conforming changes to the
annexation statutes to finalize the elimination of the tvlMB.
.
Prepared by Flaherty & Hood. P,A. for the Coalition of Greater Minnesota Cities. è<ovember 2002
2
. Dedicated to a Strong Greater Minnesota
-
.
CGMC Environment Program
Chronology of Legislative Activities, 1994 - 2002
2002 Phosphorus Limit Legislation: CGMC successfully lobbied the Legislature to prevent
action on a bill that would have imposed an automatic, unfunded and unfounded 1 milligram per
liter limit on all wastewater discharges into rivers and streams.
2001 Rules Reform Legislation: CGMC supported rules reform legislation that, among other
things, allows petitions for administrative law judge (ALJ) review of internal agency policies,
guidance manuals, and bulletins that are being enforced by an agency as unadopted rules.
2001 TMDL Rulemaking Petition: CGMC successfully petitioned the MPCA to modify its
water quality assessment rules. These rules determine which water bodies are included on the
303(d) impaired waters list, and therefore receive Total Maximum Daily Load (TMDL) plans.
. 2000 Wastewater Permitting Oversight: CGMC successfully lobbied for legislation requiring
the MPCA to provide notice to local government units and evaluate alternatives before issuing
permits for new wastewater treatment facilities, and requiring the MPCA to track the location
and capacity of new facilities it permits.
1999 Local Government Rules Petition: CGMC successfully lobbied tòr legislation allo\ving
local units of government to petition for the amendment or repeal of agency rules that are
obsolete, unnecessary, or that may be achieved through less costly or intmsive methods.
1998 Water Quality Standards Scoping Study: CGMC successfully lobbied for $50,000 in
funding for the MPCA to conduct a scoping study for developing a comprehensive cost-benefit
model for the agency to use in establishing water quality standards.
1998 WIF Modifications: CGMC successfully lobbied for changes to the Wastewater
Infrastructure Funding (WIF) program, to require WIF funding applicants to notify surrounding
local government units of the application. This helps to promote intergovernmental cooperation,
limit urban sprawl, and use WIF dollars more efficiently.
1997 Water Quality Fee Increase: CGMC successfully lobbied against a proposed 52%
increase in water quality fees, which the MPCA had proposed to help fill a $1.9 million shortfall
in the agency's point-source program budget. The money instead came from the General Fund.
.
1997 Water Quality Standards Reform: CGMC sponsored a $30,000 scientific analysis of .
state water quality standards. MPCA agreed with many of the recommendations, and agreed to
go through rulemaking after CGMC threatened to propose the recommendations as legislation.
1997 Wastewater Mandates Oversight: CGMC successfully lobbied for legislation requiring
that MPCA report to the Legislature on unfunded mandates and their impact on local taxpayers
every two years. The MPCA also agreed to a legislative audit of its water quality program.
.
1996 Blue Ribbon Task Force on Water Quality Funding: CGMC's success in 1995 resulted
in no proposed fee increases in 1996. CGMC also participated in the Blue-Ribbon Task Force on
Water Quality Funding, which in 1996 received additional state funding to continue its work.
1995 Water Quality Fee Increase: CGMC successfully lobbied against a 6% increase in the
total amount of point source water quality fees that could be collected by the MPCA, and
stopped a proposal fQr MPCA to base its fees on the volume of pollutants discharged.
1994 Environmental Issues Survey: In the Environment Committee's inaugural year, CGMC
surveyed its members to determine their primary environmental regulatory concerns. CGMC
advocated on the federal level for more local government flexibility under the Clean Water Act,
and lobbied on the state level to 1) limit increases in water quality fees and 2) require the state to
fund a portion of the capital cost of local government compliance with new state environmental
regulations.
.
.
Prepared by Flaherty & Hood, P,/\, for the Coalition of Greater ivlinnesota Cities, November 2002
2
. Dedicated to a Strong Greater Minnesota
CGMC Transportation Program
Chronology of Legislative Activities, 1999 - 2002
2002 Transportation Funding Stalls on the Roadside: CGMC lobbied for constitutional
dedication ofMVET funds to fill the hole left by license tab fee cuts; indexing of the gas tax and
a 5-cent gas tax increase dedicated to transportation funding; and $400 million in trunk highway
bonding over three years to address the highway construction backlog. Despite widespread
legislative support, end-of-session gridlock resulted in no transportation finance legislation.
2001 Gas Tax Funding for Roads and Bridges: In2001, CGMC continued its fight for a
constitutional dedication ofMVET funds to fill the hole left by cuts in license tab fees. CGMC
proposed indexing the gas tax and raising the tax 3 cents to provide a long-term transportation
funding source. These ideas became buried in the clamor for property tax reform.
2000 One-Time Transportation Money for Greater Minnesota: In the infamous three-way
split agreement that gave the House, the Senate, and the Governor $175 million of the state
. budget surplus to spend how they wished, CGMC successfully lobbied for 50% of one-time
spending in the $596 million transportation bill to go to Greater Minnesota, $39 million for local
bridges, and $30 million for county roads and municipal streets.
2000 Additional MnDOT Oversight: CGMC successfully lobbied for provisions in the
transportation finance bill requiring MnDOT to report to the Legislature each year on the
progress of its projects that receive one-time funding.
2000 CGMC at Odds With Governor: In late March, CGMC issued a "mid-session status
report" that criticized,Govemor Ventura for tab fee cuts and proposals for a metro-slanted multi-
modal fund. The Governor attacked CGMC on his radio talk show, calling us "thick as a brick"
and asking, "... what are these people, stupid? I mean, can't they read?" Representative Carol
Molnau (R - Chaska) and Senator Dean Johnson (DFL - Willmar), chairs of the legislative
transportation finance committees, immediately spoke in CGMC's defense.
2000 Constitutional Dedication of MVET: To help fill the transportation funding hole created
by reductions in license tab fees, CGMC lobbied for a constitutional dedication of the Motor
Vehicle Excise Tax (now known as the sales tax on motor vehicles) to the HUTDF.
1999 Opposition to Light Rail Funding: CGMC provided an important voice for Greater
Minnesota communities in advocating that funding for light rail transit should not come out of
funds for roads and bridges.
. 1999 Tab Fee Reductions: In its inaugural year, the CGMC Transportation Committee lobbied
for a constitutional dedication of funding to fill the $40 million hole in the HUTDF caused by
Governor Ventura's proposed cuts in motor vehicle license tab fees.
Prepared by Flaherty & Hood. P.A. for the Coalition of Greater Minnesota Cities. November 2002
· ST. JOSEPH
POLICE
DEPARTMENT
..
POLICY &
PROCEDURES
'MANUAL
-
-
ST. JOSEPH POLICE DEPARTMENT .
POLICY AND PROCEDURES MANUAL
TABLE OF CONTENTS
Section 1 Philosophy of St. Joseph Police Department
Section 100 Source of Authority
Section 102 Mutual Aid Agreements
Section 103 Police Chief
Section 104 Patrol Officers
Section 106 Officer Conduct, Behavior, and Appearance
Section 107 Misconduct Allegations
Section 108 Disciplinary Procedures
Section 109 Supervision of Part-time Officers .
Section 110 Conduct Unbecoming a Peace Officer
Section 111 Impartial Policing Policy
Section 200 General Duty and Patrol Procedures
Section 201 General Records
Section 202 Reporting System
Section 203 Patrol Car
Section 204 Usage of Equipment
Section 205 Use of Departmental Telephone
Section 206 Court Procedures
Section 300 Arrest and Prisoners -
-
· Section 301 Juvenile Arrest Procedure
Section 302 Use of Force
Section 304 Use of Firearms and Deadly Force
Section 400 Police Pursuit Procedures
Section 401 Operation of Patrol Vehicles without Headlights and Taillights
Section 402 Mobile Computer Terminal
Section 403 Operating Radar and Parking the Squad
Section 500 Alarm Procedures
Section 501 Property Disposal
Section 502 Request for Examination of Driver
· Section 503 Accident Investigation
. Section 600 School Bus Incident Response Procedure
Section 601 Noise Complaint Procedure
Section 602 Enforcement of Parking Laws
Section 603 Domestic Abuse Order for Protection
Section 604 Child/Vulnerable Adult Abuse Interview
Section 605 DWI Procedure
Section 606 Private Parties
Section 701 City Policy Supersedes
Section 702 Missing and Endangered Children
Section 703 Exposure Control Plan for Blood Borne Pathogens
· Section 704 Public Notification of Sex Offenders
ST. JOSEPH POLICE DEPARTMENT POLICY AND .
PROCEDURES MANUAL
I have received a copy of the St. Joseph Police Department Policy and
Procedures Manual including the following:
Read
and
Initial
Section 1 Philosophy of St. Joseph Police Department
Section 100 Source of Authority
Section 102 Mutual Aid Agreements
Section 103 Police Chief
Section 104 Patrol Officers
Section 106 Officer Conduct, Behavior, and Appearance
Section 107 Misconduct Allegations .
Section 108 Disciplinary Procedures
Section 109 Supervision of Part-time Officers
Section 110 Conduct Unbecoming a Peace Officer
Section 111 Impartial Policing Policy
Section 200 General Duty and Patrol Procedures
Section 201 General Records
Section 202 Reporting System
Section 203 Patrol Car
Section 204 Usage of Equipment
Section 205 Use of Departmental Telephone .
· Section 206 Court Procedures
Section 300 Arrest and Prisoners
Section 301 Juvenile Arrest Procedure
Section 302 Use of Force
Section 304 Use of Firearms and Deadly Force
Section 400 Police Pursuit Procedures
Section 401 Operation of Patrol Vehicles
without Headlights and Taillights
Section 402 Mobile Computer Terminal
Section 403 Operating Radar and Parking the Squad
Section 500 Alarm Procedures
· Section 501 Property Disposal
Section 502 Request for Examination of Driver
Section 503 Accident Investigation
Section 600 School Bus Incident Response Procedure
Section 601 Noise Complaint Procedure
Section 602 Enforcement of Parking Laws
Section 603 Domestic Abuse Order for Protection
Section 604 Child / Vulnerable Adult Abuse Interview
Section 605 DWI Procedure
Section 606 Private Parties
· Section 701 City Policy Supersedes
Section 702 Missing and Endangered Children ·
Section 703 Exposure Control Plan for Blood Borne Pathogens
Section 704 Public Notification of Sex Offenders
·
·
. ST · JOSEPH
POLICE
DEPARTMENT
PHILOSOPHY
.
.
PHILOSOPHY OF THE ST. JOSEPH POLICE DEPARTMENT .
Municipal government, represents the democratic form of government in its most
basic form. The City of St. Joseph represents the self-government of the citizens
of the city. The citizens, acting through their elected representatives, determine
the laws by which they wish to be governed and the manner in which those are
to be enforced.
The St. Joseph Police Department is a creation of city government. It is the
duty of the officers of that department to carry out the desires of the citizens of
the City through the laws established for the general good of the population.
The philosophy of the St. Joseph Police Department is to provide the citizens of
the City with safety, security, and peaceful enjoyment from the threats of those
who break the law. The Police Department is to accomplish by the fair, just, and
even -handed enforcement of the law, recognizing the intrinsic value and rights
of each individual and the ultimate idea of maintaining the peace.
The St. Joseph Police Department is a professional force. The members are to
respect the authority under which they act. The department shall be an
educated and open-minded unit. They shall act in an efficient and conscientious
manner. .
At all times, the Police Department must keep in mind that it is a service
organization. The service of the public can best be accomplished by
communication with the citizens served. This communication within the
community shall be augmented by cooperation with the other law enforcement
agencies which the St. Joseph Police Department has contact.
.
. SECTION 100
SOURCE OF
. AUTHORITY
.
100: SOURCE OF AUTHORITY ·
Section 100.01 POLICY
The City Council for the City of St. Joseph is the sole elected representative of
the citizens. In that capacity, the City Council has ultimate authority over the
Police Department and sets the law enforcement policy for the City, which is to
be carried out by the Police Department.
Section 100.02 CITY COUNCIL AUTHORITY
To insure proper law enforcement, the Police Department must respect the
authority of the City Council. Members of the Police Department shall not by
acts, omissions or statements do anything to undermine the authority of the City
Council, or to circumvent the policies of the Council. The Police Department shall
promptly respond to and carry out all orders of the Mayor or the City Council
acting as a body.
Section 100.03 DELEGATION ·
The Council may, from time to time, delegate its authority with respect to policy
or procedures. This authority may be delegated to the following:
A. The Chief of Police
B. City Attorney
Any delegation of authority by the Council is revocable. Any policy or procedure
established by the above-mentioned parties does not become official until ratified
by the majority of the City Council.
Section 100.04 COOPERATION
The 81. Joseph Police Department is a civilian organization. Even though it must and
shall always remain a civilian organization, the structure of the Police Department is
undeniably para-military in nature. As with any military organization, respect for
authority and discipline are absolutely necessary. The members of the 81. Joseph Police
Department shall work with, in a spirit of cooperation, all other persons or entities who
would share in but not limited to the following:
A. The St. Joseph City Administrator ·
B. The St. Joseph City Attorney
.
SECTION 102
. MUTUAL AID
AGREEMENTS
.
102: MUTUAL AID AGREEMENTS .
Section 102.01 POLICY
From time to time, the City of St. Joseph may enter into mutual aid agreements
with other municipalities or law enforcement agencies for the purpose of making
available to each other their respective law enforcement equipment and
personnel in the event of emergencies and in other situations where assistance is
necessary to protect human life and aid, when necessary, in accomplishing
effective law enforcement.
Section 102.02 AGREEMENTS
Copies of all current mutual aid agreements to which the City of St. Joseph is a
party may be found in Appendix A of this policy and procedure handbook. All
officers of the City of St. Joseph are responsible for knowing the contents of the
mutual aid agreements.
Section 102.03 INVOKING MUTUAL AID .
An officer on duty may summon th~ assistance of another department with
which St. Joseph has a mutual aid agreement when that officer reasonably
determines that a situation may arise or has arisen which constitutes a menace
to persons or property within the City, and the officer cannot by himself/herself
or with his/her fellow officers handle or reasonably control the situation.
Mutual aid requests outside the City limits, must be made by the on-duty Police
Officer. Officers will check with the dispatcher to make sure that the mutual aid
call has been cleared. Officers from City Departments may request mutual aid
and the St. Joseph Officer may respond without checking with a County Deputy.
Officers may respond .immediately and assist when an officer's life or safety may
be in danger. An ICR report will be completed to establish a record of the call.
The ICR will contain who the officer was that made the request and what officer
or officers were requested.
.
.
SECTION 103
.
- POLICE CHIEF
.
103. POLICE CHIEF .
Section 103.01 PRIMARY OBJECTIVE OF POSITION
The Chief of Police is to direct the operations of the Police Department to insure
that the Department's mission of the prevention of crime, protection of life and
property, preservation of law and order, and the detection and arrest of
offenders is fulfilled.
Section 103.02 ACCOUNTABILITY
Th~ Chief of Police reports directly to the Mayor or the City Council as a whole.
The Chief of Police is to respect the direction of the Council and carry out its
policies.
Section 103.03 QUALIFICATIONS
The Chief of Police shall meet the minimum qualifications set by the City Council .
and the State of Minnesota.
-
Section 103.04 MAJOR AREAS OF ACCOUNTABILITY
The major areas of accountability of the Chief of Police shall include the
following:
A. Shall consult with the City Council in determining plans and policies to be
observed in the conduct of police operations.
B. Shall enforce the observance of the rules and regulations of the Police
Department, and assure that the officers of the Police Department are
acting in conformity with the established policies and procedures.
C. Shall plan, direct and control all operations and services of the
Department, including but not limited to the following:
1. Identify the actual hours of on-duty time for each person consistent
with the established budget and available personnel.
e
. 2. Review and approve personal time worked, holidays, vacations, sick
leave, and other work records to assure adequate law enforcement
and corr~ct payroll records.
3. Formulate and prescribe day-to-day work methods to be followed
by members of the Department, apprise conditions of work in the
Department, give special assignments, and take necessary steps to
improve public operations.
D..Shall participate in personnel decisions of the Department, including but
not limited to the following activities.
1. Prepare job descriptions for patrol officer positions.
2. Participate in and conduct personnel background checks.
3. Provide orientation and training for new patrol officers.
4. Review the job performance and periodically evaluate the
performance of patrol officers to include an annual report to the
Council, evaluating himself/ herself and officers under his/her
supervision.
.. D. Shall establish and assure the implementation of a favorable public
relations program.
E. Shall be responsible for the custody and care of offenders.
F. Shall serve as a court liaison, to include, but not be limited to the
following duties.
1. Deliver to the Clerk of Court all required paperwork regarding
traffic and criminal cases at least seven days prior to the
subject's first court appearance, except in those cases where the
subject is held in custody, in which case the appropriate paperwork
shall be delivered to the Court Administrator and/or City/County
Attorney as soon as reasonably possible under all of the
circumstances.
2. Deliver all appropriate paperwork and requested information to the
prosecutor and communicate requests for additional investigation
or paper work to the arresting officer, and assure that the arresting
officer complies with the further requests of the prosecutor.
.
3. Be prepared to appear at arraignments as requested by the court .
or prosecutor.
4. Notify the officers of all pending trials, hearings, cancellations, or
changes in the court schedule.
5. Monitor the disposition of cases and assure the proper filing of the
records of disposition.
6. Notify the clerk and prosecutor of the vacation schedules of officers
to avoid conflicts in scheduling for trials or hearings.
7. Serve court subpoenas for criminal matters as requested by the
prosecutor.
8. Instruct the officers with respect to proper court decorum.
9. Assure that the reports and other records prepared by the officers,
with respect to incidents, meet the established standards of the
courts and prosecutor.
G. Shall establish and implement safety programs, including maintenance of .
an effective school patrol, initiation and enforcement of bicycle safety
program, cooperation in fostering the snowmobile and fire~arm safety
training courses.
H. Shall cooperate with all appropriate law enforcement agencies to achieve
coordination of efforts and implementation of any mutual aid agreements.
Appropriate law enforcement agencies shall include, but not be limited to
the Stearns County Sheriffs Department, municipal police departments
located in the State of Minnesota, the Minnesota State Patrol, other
Minnesota sheriffs departments, the Minnesota Bureau of Criminal
apprehension, the Federal Bureau of Investigation. Special emphasis
should be given to the cooperation with any local law enforcement
agencies with whom the St. Joseph Police Department has regular or
routine contact.
1. Shall establish department rules and regulations regarding routine office
procedure, dress and appearance, routine duty procedures and such other
routine procedures not otherwise or commonly addressed in a policy and
procedure manual of this nature.
.
. J. To prepare administrative statements and facilitate communication within
the'department and communication between the department and the City
Council/ including but not limited to the following:
1. Reviewing of daily incident reports to assure proper follow-up in
data keeping.
2. Receive and report on complaints.
3. Prepare reports as requested or directed/ to include an annual
report of the affairs of the department to the City Council at the
first regular meeting in February.
4. Establish and submit an annual plan of objectives and financial
projections.
5. Prepare reports with respect to patrol officer educational activities.
6. Maintain all regular correspondence for the Police Department.
7. Communicate all directives of the City Council to the patrol officers/
. 8. Review with the officers any applicable changes in the law or
changes in court procedure.
9. Relay to the patrol officers all appropriate information received
from prosecutors.
K. Shall perform other related work as required or directed.
Section 103.05 APPLICABILITY OF OTHER RULES
For purposes of this Policy and Procedure handbook/ any reference to "officer" or
"police officer" found elsewhere herein shall include the Chief of Police unless a
contrary intention is clearly stated in the individual policy or procedure.
.
Section 103.06 DUTY SCHEDULE .
The Chief of Police shall work a schedule of approximately 40 hours per week.
The majority of the hours shall be during the daytime, Monday through Friday in
eight-hour shifts. Considerable personal contact and other established channels
of communication with area citizens is req u ired to maintain a good
understanding of the police functions and also to maintain good rapport. This
can best be achieved by the Chief of Police being most available and visible
during regular working hours, combined with some official contact with the
public present within the City during the evening or night-time hours.
Section 103.07 EDUCATION
The Chief of Police must comply with all requirements of the Minnesota Police
Officer Standards and Training Board, established with respect to continuing
educatlon. The Chief of Police is encouraged to exceed these minimum
standards with emphasis given to subjects which relate to his/her administrative
duties, and the law enforcement problems found in the City of St. Joseph.
.
.
· SECTION 104
PATROL
OFFICERS
·
·
104: PATROL OFFICERS ·
Section 104.01 NATURE OF POSITION
It is the objective of the patrol officers to preserve law and order, to protect life
and property, and to enforce laws and ordinances in a manner which will
command public respect and confidence at all times.
The patrol officer reports directly to the Chief of Police. Regular communications
must be maintained with the Chief of Police and other law enforcement agencies
around the geographical area of the City of St. Joseph to fulfill the assigned
duties.
Section 104.02 QUALIFICATIONS
The minimum qualifications for the position of patrolman are as follows:
A. The individual must be a P.O.s.T. Board certified police officer within the
State of Minnesota.
B. The individual must be a citizen of the United States. ·
C. The individual must possess a valid Minnesota driver1s license.
D. The individual must have a diploma from a recognized high school or
possess an equivalent certificate.
E. The individual must disclose to the City all criminal convictions and must
submit to fingerprinting and a thorough background check for the purpose
of disclosing existence of a criminal record.
F. The individual shall possess good moral character and shall not have been
convicted of a gross misdemeanor or felony by any state or federal court.
G. The individual must be free from any physical condition or defect which
would adversely affect or hinder his/her performance of duties as a police
officer.
H. The individual shall submit to a psychological evaluation to determine that
he/she is free from any emotional or mental condition which could
adversely affect his/her ability to perform his/her duties as a police officer. ·
· Section 104.03 CONTINUING STANDARDS
A patrol officer must meet the following minimum standards and criteria to
maintain his/her position as a patrol officer.
A. Must maintain post-board certification and accreditation.
S. Shall have a working knowledge of all pertinent state and federal laws,
City ordinances and traffic laws and regulations related to law
enforcement work.
C. Shall have a working knowledge of all pertinent state and federal laws
relating to the following high civil and criminal liabilities risk areas; such as
but not limited to:
./ Use of deadly force
./ Use of excessive force
./ Civil rights violations
./ Data privacy
./ C.H.I.P.S.
./ Vulnerable adults
· ./ Domestic abuse
./ Bias crimes
./ High speed pursuits
D. Shall have a working knowledge of approved practices, arrest, search and
seizure to admissibility of evidence in court and to assure approved
procedures are followed.
E. Shall have a working knowledge of the functions and jurisdiction of the
various county, state, and federal law enforcement agencies,
F. Shall demonstrate the ability to use fire-arms and other types of police
equipment available through the department in a skillful and safe manner.
G. Shall maintain first aid certification and capability to respond promptly and
effectively In emergency situations.
H. Shall demonstrate an ability to understand and carry out verbal and
written instructions and to prepare satisfactory reports on all investigative
work performed.
·
1. Shall demonstrate the ability to deal in a courteous and tactful, but firm ·
and businesslike manner, with offenders and suspects, as well as the
general public.
J. Shall demonstrate the ability to command the respect of fellow officers
and the general public at all times.
K. Shall demonstrate the ability to perform strenuous duties and to use
sound judgment in emergency situations which arise in day-to-day
activities.
L. Shall have a working knowledge of all rules and regulations, policies and
procedures of the St. Joseph Police Department and the terms and
conditions of all mutual aid agreements to which the City of St. Joseph is
a party.
M. Shall know by memory the location of each street, avenue and business
establishment within the City of St. Joseph and the state and county roads
lying within or adjacent to the City.
N. Must participate in continuing education and training programs sufficient
to assure maintenance of post-board accreditation, and as otherwise ·
directed by the Chief of Police.
Section 104.04 MAJOR AREAS OF ACCOUNTABILITY
The following shall be the major areas of accountability for a patrol officer. A
patrol officer need not necessarily limit his/her activities to those stated herein if
common sense and good police practice indicates otherwise:
A. Patrol in a squad car, or an assigned area on foot, to preserve law and
order, to protect life and property, to enforce all laws and city ordinances,
and to facilitate traffic flow.
B. Recognize opportunities to provide counsel, guidance, and service to the
public as a means of developing community understanding and
cooperation in matters related to safety of the public and effective law
enforcement.
C. Respond to all distress or emergency calls, administer first aid where
appropriate, investigate traffic accidents and prepare accident reports and
arrange for transportation to the hospital as needed. ·
· D. To maintain order at an accident or a crime scene, and call for assistance
as circumstances require.
E. Respond to Fire Department alarms.
F. Investigate complaints concerning violations of City ordinances, state or
federal1aws. As part of the investigation, patrol officers shall:
1. Interview or interrogate witnesses and suspects as appropriate.
2. Collect and preserve evidence.
3. Obtain signed statements where deemed necessary to support any
potential legal action.
G. Make arrests and searches as required and safely transport prisoners as
may be required in accordance with approved departmental policies.
Where a suspect, who is under the influence of alcohol or drugs, or
otherwise mentally deficient, is released after arrest on a tab charge, the
officer is to assure that the suspect is released to a responsible party.
· H. Prepare reports concerning investigations and other assignments, prior to
termination of the duty shift or at the commencement of the officer's next
duty shift, in a concise and complete manner so that a proper record and
basis for follow-up is assured.
I. Handle traffic congestion problems within the City, including but not
limited to the following:
1. Assist school safety patrol traffic and related matters.
2. Assist with funeral processions.
3. Enforce parking ordinances.
J. Shall check the security of business establishments and vacant residences.
K. Inspect public gathering places and alcohol beverage dispensing
establishments.
L. Report, by appropriate means, and to the proper City officials or other
responsible persons, those matters coming to the officer's attention in the
course of official duties which require action or attention on the part of
· others outside the Police Department.
M. To serve warrants and subpoenas as assigned by the Chief of Police¡ and ·
deliver official City papers as requested by the City Clerk/Administrator.
Other than as provided herein¡ the patrol officer is not to serve as a
process server for any private individual or organization.
N. Respond to all domestic crises.
O. Upon request¡ shall assist other law enforcement agencies with crime
investigations occurring within the City limits of the City of St. Joseph.
Section 104.05 DUTY
Officers are considered to always be on duty¡ although periodically relieved from
the routine performance of their duty. They are always subject to orders from
superior officers or calls from private persons. The fact that an officer may not
technically be on duty shall not relieve the officer from the responsibility of
taking proper action in any manner coming to his/her attention which would
otherwise require his/her response as a police officer. When there is no urgent
or immediate need for police action¡ an officer not technically on duty may refer
the matter to an officer who is technically on duty for response. Officers¡ not ·
technically on duty¡ shall report for duty immediately upon the order to do so
from the Chief of Police.
Police officers shall attend all meetings of the Police Department or any City
organizations¡ agency or department which they are officially instructed to attend
by the Chief of Police.
Officers shall promptly report for duty as scheduled¡ and remain on duty until
shift is completed.
·
· SECTION 106
OFFICER
· CONDUCT,
BEHAVIOR, AND .
..
APPEARANCE
·
106. OFFICER CONDUCT, BEHAVIOR AND .
APPEARANCE
Section 106.01 VIOLATION OF RULES
Officers shall not commit any acts or omit any acts which constitute a violation of
any rules, regulations, directives, or orders of the department or City Council,
whether stated in this manual or elsewhere.
Section 106.02 CODE OF CONDUCT
The personal conduct and attitude of an individual police officer is a paramount
importance in establishing and maintaining good relations between citizens and
the police, and within the department. All officers shall conduct themselves in
the following manner:
A. A police officer shall be courteous, civil and respectful.
B. He/she shall maintain proper decorum fitting a professional police officer .
at all times.
C. He/she shall be pleasant and personable in nonrestrictive situations; firm
and impersonal in situations calling for regulation and control.
D. He/she shall endeavor to maintain an even temperament under varying
conditions.
E. He/She shall refrain from the use of harsh, violent, coarse, profane,
sarcastic, insolent or derogatory language which would demean the
inherent dignity of any person, or provoke a nonproductive response.
F. Members of this department shall familiarize themselves with the rules
and regulations pertaining to conduct governing their responsibilities and
duties.
Section 106.03 CONDUCT TOWARD SUPERIORS AND
PEERS
Cooperation is essential to effective law enforcement. Officers shall engage in a .
high spirit of cooperation with all agencies within their legal capacities under the
· rules and purposes of the Police Department. Officers shall at all times show
respect and obey orders from ranking officers and sources of authority. Officers
shall be courteous and respectful to other officers of the department and other
law enforcement agencies.
Section 106.04 CONDUCT TOWARD THE PUBLIC
Officers shall be courteous and respectful in their dealings with the public.
Officers shall perform their duties honestly and efficiently, avoiding the use of
harsh, violent, profane or insolent language or gestures, and shall not express
any prejudice concerning race, religion, politics, national origin, sex, physical
handicap, economic status or similar personal characteristics. Members shall not
use unnecessary/excessive force in making an arrest, handling a prisoner or
other person.
Section 106.05 PHYSICAL FITNESS
Officers shall keep themselves as physically fit as his/her age and the nature of
his/her duties require.
·
Section 106.06 PERSONAL APPEARANCE
A. Officers on duty shall wear uniforms in accordance with established
departmental procedures. Uniforms shall be neat and clean and in fit
condition for efficient service. Shoes shall be shined. The Chief of Police
will determine when summer and winter uniforms are to be worn. Only
authorized pins and patches shall be worn with the uniforms.
B. Hair shall be clean and neatly groomed. The length of hair shall not be
excessive nor shall it interfere with the normal wearing of all standard
head gear.
C. Male officers shall be clean shaven. Mustaches which do not extend
below the upper lip are permitted. Sideburns which do not extend below
the ear lobe are permitted.
D. Visible neck chains and/or ornaments not an official part of the uniform
shall not be worn on duty.
·
Section 106.07 IDENTIFICATION .
Officers shall carry their badges and/or identification cards on their person at all
times, except when impractical or dangerous to their safety or to an
investigation. They shall furnish their name and badge number to any person
requesting that information when they are on duty or while acting in an official
capacity, except when the withholding of such information is necessary for the
performance of the police duties or is authorized by proper authority.
Section 106.08 ABSENCE FROM DUTY
Officers shall not be absent from duty without first securing permission from
their immediate supervisor.
Section 106.09 LEAVING AN ASSIGNED DUTY POST
Officers shall not leave their assigned duty post during a tour of duty except
when authorize d by Proper authority.
Section 106.10 SLEEPING ON DUTY .
Officers shall remain awake on duty. If unable to do so, they shall report their
condition to their superior who shall determine the proper course of action.-
Section 106.11 USE OF SICK LEAVE
A. Officers who need to use sick leave shall notify their superior at least six
hours prior to the time the officer is scheduled to start his/her duty shift,
except in the case of an emergency.
B. After three consecutive duty days of personal sick leave, the officer shall
bring a certificate from his/her attending physician indicating the need for
sick leave and the officer's fitness to resume the performance of duty, if
such a certificate is requested by the Chief of Police.
C. Officers shall not feign illness or injury, falsely report themselves ill or
injured, or otherwise deceive or attempt to deceive any official of the
department as to their condition or health.
.
Section 106.12 EMPLOYMENT OUTSIDE THE
. DEPARTMENT
A. An officer may engage in off-duty employment, if such employment does
not interfere or is incompatible with his/her employment as a police
officer. If the employment is not incompatible when undertaken, but
because of changed circumstances becomes incompatible or begins to
interfere with his/her employment by the City, the officer must terminate
his/her employment outside the department upon the direction of the
officer's superior.
B. No officer shall own, operate or be employed in any business that requires
a license issued by the City of St. Joseph without the express prior
approval of the City Council.
C. In the event of an emergency, officers shall be ready and available for
their police duties at all times.
Section 106.13 USE OF ALCOHOL AND DRUGS
. A. Officers shall not store or bring into the Police Department, or a police
vehicle, alcoholic beverages, controlled substances) or hallucinogens,
except in performance of their official duty.
B. Officers shall not possess or use any controlled substances, except when
prescribed for treatment by a physician, dentist or other medical
profession) or possess in performance of their official duties.
C. Officers, while off duty, shall refrain from consuming intoxicating
beverages to the extent that it results in impairment, intoxication, or
obnoxious or offensive behavior which discredits them or the department,
or renders the officer unfit to report for his/her next regular tour of duty
or assignment.
D. No officer while off duty wearing any identifiable part of his/her uniform
shall consume alcoholic beverages in a public place.
Section 106.14 INSUBORDINATION
A. Officers shall promptly obey all lawful orders of a superior. This
. includes orders or directives from the City Council, Sergeant, and/or the
Chief of Police.
B. In the event an officer receives conflicting orders, the officer shall ·
call the conflict to the attention of the superior, and if the conflict is not
resolved, shall obey the last order received from a superior, and shall not
be held responsible for the disobeyance of the directive previously issued.
C. Officers shall not obey an order which they know or should know
would require them to commit an illegal act.
Section 106.15 PAYMENT OF DEBTS
Officers shall not undertake any financial obligation which they know or should
know they will be unable to meet. Officers shall pay all just debts when due. An
isolated instance of financial irresponsibility is not grounds for discipline, except
in unusually severe cases. Repeated incidents of financial with his financial
limitations.
Section 106.16 RESIDENCE AND PHONE NUMBER
A. Officers shall immediately report any change in their address to their ·
superior.
B. Officers shall maintain an operable telephone at their residence and shall
advise their superior of their current phone number.
C. Officers of the Department shall not release to the public or any public
agency the restricted home telephone number of any other officer of the
Department without the permission of that officer, except in emergency
situations.
Section 106.17 CITIZEN COMPLAINTS
Officers shall courteously and promptly record in writing any complaint made by
a citizen against a member of the department. Officers shall attempt to resolve
the complaint, but shall never attempt to dissuade any citizen from lodging a
complaint against any member of the department. If a complaint cannot be
resolved by the officer, the officer shall refer the citizen to the formal complaint
procedure as established in this manual.
·
. Section 106.18 REQUEST FOR ASSISTANCE
When any person applies for assistance or advice, or makes complaints or
reports, by telephone or in person, all pertinent information shall be obtained in
an official and courteous manner and shall be properly and judicially acted upon
consistent with established departmental procedures.
Section 106.19 PUBLIC STATEMENTS AND
APPEARANCES
A. Officers shall not publicly criticize or ridicule the Police Department, City
Council or other officer or agency of the city, its policies, or any members
by speech, writing, or other expression where such speech, writing, or
other expression is defamatory, obscene, unlawful, undermines the
effectiveness of the" city government or the department, interferes with
the maintenance of discipline, or is made with a reckless disregard for its
truth or falsity.
B. Patrol officers shall not lecture or address public gatherings on police or
related subjects, appear on radio or television, prepare any articles for
. publication, act as a correspondent to a newspaper or periodical, release
the department while holding themselves out as representing the
department in such matters without proper authority from the Chief of
Police.
Section 106.20 TRUTHFULNESS
Upon the order of the Chief of Police, or Sergeant, officers shall truthfully answer
all questions specifically directed and specifically related to the scope of
employment and the o'perations of the department which may be asked of them.
If the answers to the questions may subject the officer to criminal prosecution,
an officer shall be advised of the fact that his answers may be used against
him/her with respect to criminal prosecution. A refusal to answer will result in
disciplinary action unless the officer is granted transactional immunity from
prosecution.
.
Section 106.21 PROPERTY AND EVIDENCE .
Property or evidence which has been discovered, gathered or received in
connection with police responsibilities shall be processed in accordance with
departmental procedures. Officers shall not convert for their own use,
manufacture, conceal, falsify, destroy, remove, tamper with, or withhold, any
property or evidence in connection with an investigation or other police action,
except in accordance with established departmental procedures.
Section 106.22 ENDORSEMENTS AND REFUSALS
Officers shall not recommend or suggest in any manner¡ except in the
transaction of personal business¡ employment or procurement of any particular
product¡ professional service or commercial service (such as an attorney¡
ambulance service¡ "' towing service¡ bondsmen¡ mortician¡ etc.). In the case of
ambulance or towing service¡ when such service is necessary and the person
needing the service is unable or unwilling to procure it¡ or requests assistance
the officer may request the necessary ambulance or towing service by any
business or entity approved by the Chief of Police.
.
e
· .. SECTION 107
- ---------- ---~------------
MISCONDUCT
ALLIGATIONS
·
·
107: MISCONDUCT ALLEGATIONS ·
Section 107.01 PU R POSE
A. A relationship of trust and confidence between department members and
the community they serve is essential for effective law enforcement. Law
enforcement officers must be free to exercise their best judgment and to
initiate enforcement action in a lawful and impartial manner without fear
and reprisal. While at the same time they must meticulously respect
individual rights. This order is based on the policies that discipline is the
function of command and a well-disciplined force is a force which
voluntarily and willingly conforms to all rules and orders.
B. This complaint procedure is intended to provide corrective action when a
department member conducts himself/herself improperly, and to protect
him/her from unwarranted criticism when he/she discharges his/her duties
properly.
C. Any person who believes that a law enforcement act is improper is
encouraged to bring the complaint to the department's attention. ·
D. The department will make every effort to insure that no adverse
consequences occur to any person or witness who brought a complaint or
provided information in any investigation of a complaint.
E. Complaints shall be handled in a prompt, just, open and expeditious
manner in accordance with these procedures. Summaries of the
complaint process, and copies of these procedures shall be made available
to the public upon request, under the guidelines of the Data Privacy Act.
Section 107.02 DEFINITION OF TERMS
For the purpose of this procedure manual) the terms defined have the meanings
given them.
A. Chief means the Chief of Police (or the City Administrator when a
complaint is made against the police chief).
B. Complainant means the person or group who files a complaint with the
department alleging misconduct by a member(s) or the department ·
. supervisor who accepts believable facts relating to alleged misconduct by
a member from an anonymous person.
C. Complaint means à statement which is made to a department supervisor
in writing, in person, or by phone which alleges misconduct.
D. Exonerated means a fair preponderance of the evidence established either
that:
1. The act, or acts, complained of did not occur;
2. The member(s) named in the complaint were not involved in the
alleged misconduct;
3. The act(s) which provided the bÇlsis for the complaint occurred,
however, the investigation reveals that suchact(s) were justified,
lawful, and proper; or
4. That such act(s) do not adversely reflect upon the department or
the member's ability to perform his/her duties within the
department.
. E. Infraction means violation of any department policy and procedure,
violation of a rule" command, duty or law that are not major violations.
F. Major violation means:
1. Any criminal 'offense;
2. The use of unnecessary or excessive force;
3. Abuse of authority;
4. Conduct which violates a person's civil rights;
5. Abusive or insulting language or conduct which is derogatory of a
person's race, religion, sex, national origin or sexual preference;
6. Intimidation of or recrimination toward a complainant or witness
involved in any complaint proceeding.
G. Member means all peace officers and civilian department employees,
- whether full-time, part-time or temporary.
-
H. Misconduct means any infraction or major violation committed by a .
member which adversely refiects upon the department or the member's
ability to perform his/her duties within the department.
1. Not sustained means the investigation failed to disclose sufficient evidence
to prove or disprove the allegation(s) made in the complaint.
J. Policies and Procedures means the administrative acts promulgated by the
Chief and/or City Council regulating conduct of members.
K. Sustained means a fair preponderance of the evidence obtained in the
investigation established that the accused member's actions constituted
misconduct.
L.
Section 107.03 PROCEDURE FOR INITIATING
COMPLAINT
A. Anyone who is not a member and has personal knowledge
of the facts giving rise to the complaint or has reliable
hearsay information may file a complaint. Any department
member who has personal knowledge of misconduct shall .
file a complaint according to these procedures.
B. Officers shall courteously and promptly accept any -
complaint made by a citizen against any officer or any
department policy or procedure.
Officers may attempt to resolve the complaint, but shall never attempt to
dissuade any citizen from lodging a " complaint against any officer or any
department policy or procedure.
Officers shall immediately notify the Chief of Police of the complaint,
whether resolved or not, as required by department procedure. Upon
receiving any complaint, the Chief of Police shall immediately initiate an
Initial Complaint Report (ICR) and assign a case file number. The
complaint will not be considered filed until the complainant signs the
Official Citizens Complaint form.
e. If the person filing the complaint sets forth specific
believable facts relating to the alleged misconduct and the
person wishes to remain anonymous, the Chief receiving
the information shall then become the complainant. If the -
Chief has reason to believe that the complaint is -
. unfounded, the Chief shall have' the authority to require
the person to identify himself/herself. If the person
refuses to do so, the Chief may refuse to initiate a
complaint and shall advise the anonymous person of that,
fact.
D. After a complaint is filed, the Chief shall sign the document
and give ,or mail a copy to the complainant. The Chiefwill
forward a copy of the document to the accused member,
only after it is determined that the complaint does not
allege criminal violation and the notification will not impede
a criminal investigation.
E. A complainant may be accompanied by an attorney or
another appropriate representative at the time a complaint
is filed or at any other stage of the process.
Section 107.04 PROCEDURE FOR INVESTIGATION OF
THE COMPLAINT
. A. Upon receipt of the ICR, the Chief shall make an initial
detennination whether the facts alleged warrant a formal
investigation. In making this determination, the Chief may meet
informally with the complainant, accused member or any potential
witness. If the Chief decides that an investigation is not warranted,
the disposition of the complaint shall be either not sustained or
exonerated. The complainant will be notified of this decision and
the basis for determination. Also, the accused member will be
notified. If the complainant supplies additional information within
30 days of the determination, the Chief may reverse this ,decision.
--
B. If the Chief determines that a formal investigation should be
conducted, he/she will investigate the complaint. The investigation
may be assigned to an external agency where there is the potential
for criminal charges resulting from the investigation or in any other
situation where the Chief believes that an external investigation is
appropriate.
C. The Chief shall, as soon as possible, inform the complainant of
his/her name, business phone number, and status of the complaint.
. D. The Chief shall thoroughly investigate all allegations contained in
the complaint and any other potential misconduct discovered in the
course of the investigation uncovers potential misconduct by ·
another member, the Chief shall initiate a complaint against the
member.
E. All members, including the accused member, shall cooperate with
the investigation. All officers covered by union contract, will be
afforded union representation. Failure to cooperate may be the
basis for disciplinary action. If it appears to the investigating officer
that the complaint may lead to the filing of criminal charges, the
. investigating officer shall advise 'the accused member of his/her
rights under Miranda v. Arizona and that his/her failure shall not
be a separate basis for disciplinary action unless he/she offered
transactional immunity from criminal prosecution.
F. The Chief shall do a report which shall contain all information,
organized into the three following sections:
1. Allegations - This section shall consist of an itemized
summary of the acts of misconduct alleged in the
complaint. Reference shall be made to those rules,
procedures, orders, statutes, or constitutional provisions
that would be violated if the allegations are taken as true. ·
2. Investigation - This section shall consist of a chronological
summary of the investigation, including all pertinent facts
obtained through interviews with the complainant, accused
member(s), and all available witnesses. Written
statements, description and analysis of any physical
evidence, and all other relevant information shall be
included.
3. Conclusion(s) - This section shall include the investigator's
findings, conclusions as to whether any misconduct
occurred, and the underlying reasons for the findings and
conclusions.
G. The investigation shall be concluded within thirty (30) days of the filing of
the complaint, unless for good cause an extension is granted. The
complainant shall be informed of any extensions of time and the accused
member shall also be informed if he/she was informed pursuant to section
3D. The City may from time to time approve complaint forms to be used
in receiving and reporting of complaints.
·
. Section 107.05 INVESTIGATION' REVIEW AND
,DISPOSITION
A. Upon completion of the investigation, the investigator shall submit his/her
report, the case file and all investigative notes to the Chief. If the Chief
determines the investigation was not adequate, he/she will reorder the
investigation. If the Chief determines the investigation was adequate, the
. Chief shall make one of the following dispositions:
1. Unfounded - When the investigation indicated that the complained
of action did not occur.
2. Exonerated - When the investigation indicates that the complained
about action occurred but was justified, lawful and proper.
3. Not Sustained - When the investigation disclosed insufficient
evidence to prove or disprove clearly the allegations made.
4. Sustained - When the investigation disclosed that the action
complained about did in fact occur in the manner or degree stated.
. 5. Sustained with qualifications - When the investigation discloses that
the action complained about did in fact occur, but not in the
. manner or to the degree stated",-
6. Misconduct not based on a complaint - When the investigation of a
. complaint discloses misconduct that is not a part of the original
complaint.
.7. The Chief may withhold issuing a disposition until any related
criminal charges are resolved. The complainant shall be informed
of this decision and the accused shall also be informed if he/she
was informed pursuant to Section 400.
B. If the complainant is either exonerated or not sustained, the Chief shall
immediately notify the complainant and the accused member of the
disposition.
C. If the accused member is sustained, the Chief shall take appropriate
disciplinary action. Such action shall be based on the investigative report
and the accused member's record of service and shall be in conformance
with any applicable rule or regulation relating to discipline òf members.
. The disciplinary action may include counseling, remedial education, an
oral reprimand, a written reprimand, suspension with or without pay, .
demotion, or discharge.
D. After selecting the appropriate disciplinary action, the Chief will issue a
findings of fact which shall at a minimum, contain the following
information:
1. A summary of the act or acts constituting misconduct and the
specific procedures violated;
2. A description of the disciplinary or remedial action taken to prevent
recurrence of the misconduct; and
3. Any additional information as the Chief may find applicable to
accurately document the disposition.
E. All data collected, created or received by the department in connection
with this policy and procedure shall be maintained in accordance with the
department's retention schedule.
F. The placement of the disposition report or other data in an employee's
personnel file shall be governed by personnel policy. .
-
-
- SECTION 108
. DISCIPLINARY
PROCEDURES
.
.
108: DISCIPLINARY PROCEDURES .
Section 108.01 PURPOSE
The purpose of this order is to ensure the integrity of the police department by
establishing procedures for handling complaints and disciplinary actions against
members of the department. These procedures will assure the prompt and
thorough investigation of incidents to clear the innocent, establish guilt, and
facilitate suitable disciplinary action. This order is based on the policies that
discipline is the function of command and a well-disciplined force is a force which
voluntarily and willingly conforms to all rules and orders.
Section 108.02 SCOPE OF THIS ORDER
Incidents which are to be handled in accordance with the provisions of this order
include alleged or suspected violations of statutes, policies, ordinances, the
departmental rules, orders or actions of members (Le., sworn, civilian, and
temporary employees) of the police department. The incidents include those
submitted to supervising or commanding officers by members of the department, .
either oral, by telephone, or in written form.
-
Section 108.03 ORAL WARNING
An oral warning is used to correct a member for a violation of a departmental
rule, regulation, or procedure by the Chief of Police to a subordinate. No further
action is required. Written documentation will go into the employee's personnel
file for a period of one year. A copy will also be forwarded to Union
Representative.
Section 108.04 WRITTEN WARNING
A written warning shall state the reason for the warning along with a description
of the events/problems that led to the warning. It shall describe actions taken
by the supervisor to correct the problem, If applicable, including any timetables
or goals set for improvement. It will indicate further disciplinary action that
could result if the problem continues or related problems occur. The warning will
be given to the employee to sign acknowledging that he/she had received the
warning, with a copy to keep. A copy will also be permanently placed in the -
employee's personnel file.
. Written warnings are more serious than oral warnings and normally follow oral
warnings when the problem is not corrected or the behavior is not consistently
improved. Serious infractions may require skipping either the oral or written
warning or both.
Section 108.05 STERN WARNING
When an employee receives a stern warning, it means that the next job
infraction(s) will cause an immediate dismissal or a dismissal either during or at
the end of a specified evaluation period. The evaluation period may last up to
six months.
Section 108.06 SUSPENSION WITHOUT PAY
The employee will be notified in writing of the reason for the suspension either
prior to the suspension or -shortly thereafter. Upon the employee's return to
work, the employee will be given a written statement outlining further
disciplinary action possible should the problem continue or reoccur. A copy of
. the written document shall be placed in the employee's-personnel file.
An employee may be suspended pending an investigation of an allegation. If
the allegation is proven false after the investigation, the relevant written
documents will be removed from the personnel file and the employee will receive
any compensation to which he/she would have been due had the suspension not
taken place.
For any suspension of five or more days, or any second suspension for the same
individual, the Council shall review the reasons for the suspension and upon
review, will make a decision as tothe future status of the employee and his/her
employment with the City.
Section 108.07 DISMISSAL
The Councilor its agent may dismiss any employee. The dismissal shall follow
procedures as outlined per labor contracts.
Subject to state law on veteran's preference, the (Minn. Stat. 181.931 -
181.935), the City Council may dismiss an employee for substandard work
. performance, behavior not in keeping with City standards, or if in their judgment
the employee is unsuited to employment with the City.
Employees should be advised of the City's expectations including specific .
performance expectations associated with their individual position as well as
general expectations for all employees in the department and City.
Section 108.08 APPLICATIOIN OF ORAL WARNING,
TEMPORARY OR PERMANENT
This procedure provides for immediate disciplinary action against those members
who fail to conform to certain departmental standards of conduct and
appearance. Disciplinary action may be imposed by the Chief of Police or City
Council.
Incidents to be covered by this provision include, but are not limited to:
A. Failure to comply with department policies or departmental
manual.
B. Failure to report back-in-service immediately upon
completion of an assignment.
C. Failure to properly care or use official departmental .
equipment.
B. Taking excessive time for lunch.
C. Failure to provide prompt, correct, courteous service.
D. Failure, while on patrol duty, to give full attention to the prevention of a
crime.
E. Transporting persons in a departmental vehicle except for a proper police
purpose or on departmental business.
F. Leaving post (without authorization) before designated time.
G. Failure to perform assigned tasks.
H. Misuse of department equipment or supplies.
1. Reporting unfit for duty for reasons other than would justify action under
the other provisions of this order.
.
. J. Using coarse, profane, indecent or insolent language to a superior officer,
any member of the St. Joseph Police Department, or to a civilian.
K. Making a false official report.
L. Receiving bribes of money or other valuable things.
M. Communicate information of the affairs of the department without consent
of the Chief.
N. Neglect to turn over property received or taken from persons arrested.
O. Failure of a supervising officer or officer acting in that temporary capacity
to take appropriate action on observing any of the above incidents. (Note
that an oral reprimand may have been the appropriate action for a
supervisor to have taken.)
Action under this subdivision will not eliminate recommendation for a more
severe penalty by higher authority when it is felt that such punishment is being
used to cover conduct warranting a more severe penalty or dismissal. !fa
greater penalty results, any preliminary punishment served will be taken into
. account in fixing the larger penalty.
SECTION 108.09 EMERGENCY SITUATION
The Chief of Police has the authority to relieve from duty a member of the
department when it appears such action is in the best interest of the
department. Any sworn member of the department so relieved from duty shall
turn in his/her service revolver, keys, badge(s) and identification card to the
Chief of Police.
The Chief of Police relieving the member shall prepare a complete written report
and his/her recommendations to the Mayor.
Section 108.10 DISCIPLINARY PENALTIES
Any member of the department may be subject to reprimand, suspension from
'duty, dismissal from the department or anyone or more of the foregoing
penalties according to the nature and aggravation of his/her offense.
-
-
Section 108.11 DISTRIBUTION OF REPORTS OF .
DISCIPLINARY ACTION
'The report shall be in writing and in the submitting of these reports, every effort
shall be made to keep the incident confidential; when necessary, the use of
sealed envelopes is recommended for transmittal to and from parties concerned.
.
-
-
.
SECTION 109
SUPERVISION
.
OF PART-TIME
OFFICERS
-
-
109: SUPERVISION OF PART-TIME OFFICERS .
Section 109.01 PURPOSE
It shall be the purpose of this policy to establish rules and regulations in
conformance with POST Board guidelines, concerning the use and supervision of
part-time licensed officers. This policy shall be in compliance with MN Rules
6700.1101 through 6700.1130. Restrictions set forth in this policy concerning
part-time licensed officers shall not govern part-time officers that hold current
full-time licenses.
Section 109.02 PROCEDURES
A. Training - The Chief shall be responsible for ensuring that a part-time
officer is adequately trained. This shall include training in departmental
operating procedures, records procedures as documented in the
departmental Standard Operating Procedures manual, the yea rly
requirements for use of Force/Deadly Force, Bloodborne Pathogens and
any other training required by departmental policy, the POST Board or
other regulatory agency. .
B. Active Duty Status - A part-time licensed peace officer will only be
considered to be on Active Duty Status when he/she has been assigned
duties by the Chief or the Chiefs designate. An off duty, part-time,
licensed peace officer, shall not be authorized to carry a firearm, unless
the officer has a permit to carry a firearm (for some other purpose) or
other legal right to do so (hunting, on their own private property, etc.).
C. Designated Peace Officer -
1. The Chief or his/her designate is the licensed peace officer
assigned to supervise the part-time officer. The designated Peace
Officer (DPO) will be immediately available to be contacted by an
active duty part-time licensed peace officer, by either phone or
radio. The DPO will have access to a monthly duty roster and will
be responsible for knowing when a part-time licensed peace officer
will be on Active Duty Status. The DPO will notify the Stearns
County LEC dispatcher of her/his location and how he can be
contacted at any time when a part-time licensed peace officer is on
duty alone. The DPO will be incapable of responding to any
location within the City of St. Joseph within 10 minutes if requested -
by an active duty part-time licensed peace officer.
· 2. A part-time licensed peace officer who is about to assume active
duty status will be informed who the DPO is by the duty roster,
current memo or notice from the on duty officer. Should no notice
be given, the part-time licensed peace officer shall assume the
Chief is acting as DPO.
B. Entering Active Duty Status - The part-time licensed peace officer will
make contact with the DPO when assuming an Active Duty Status.
Contact may be made personally by radio or by phone. The part-time,
licensed peace officer will record on his/her daily log the time the contact
was made, how it was made and any pertinent information that was
passed on.
e. Supervision-
1. The DPO will make contact with the part-time licensed peace officer on
Active Duty Status at least once during the part-time licensed officer's tour
of duty. Contact may be made personally, by radio or by phone. The
part-time licensed peace officer will record on her/his daily log the time
the contact was made, how it was made and any pertinent information
· that was passed on.
2. The DPO shall direct and supervise the part-time licensed peace officer to
ensure compliance with departmental policies, procedures and law. The
DPO is also responsible for trairll.ng the part-time licensed peace officer
in those areas and coordinating the training needs of the part-time
licensed peace officer.
D. Accountability of Hours -
1. All part-time licensed peace officers must record all Active Duty Status
time on forms provided by the POST Board. Each part-time licensed
officer must show the Chief the total number of hours worked for all
agencies that employ the officer. This report will be made on the last day
of the month.
2. Blank forms will be maintained at the Police Department, copies of
completed forms will be kept on file at the Police Department for a
minimum of five years.
._~______..----",",~:Z~<-;:C~~- ~
·
SECTION 110 .
CONDUCT
UNBECOMING A
.
PEACEOFFICER
.
. 110: CONDUCT UNBECOMING A PEACE OFFICER
POLICY
Law enforcement effectiveness depends upon community respect and
confidence. Conduct which detracts from this respect and confidence is
detrimental to the public interest and should be prohibited. The policy of this
department is to investigate circumstances suggesting an officer has engaged in
unbecoming conduct, and impose disciplinary action when appropriate.
SCOPE
This policy applies to all officers of this agency engaged in official duties,
whether within or outside of the territorial jurisdiction of this agency. Unless
otherwise noted, this policy also applies to off duty conduct as well. Conduct not
mentioned under a specific rule, but which violates a general principle is
prohibited.
This policy is organized in eight principles governing conduct unbecoming an
officer. Each principle is followed by the rationale explaining the principle and a
set of rules.
.
Principle One
Peace officers shall conduct themselves, whether on or off duty, in accordance
with the Constitution of the United States, the Minnesota Constitution, and all
applicable laws, ordinances and rules enacted or established pursuant to legal
authority .
Rationale - Peace officers conduct their duties pursuant to a grant of limited
authority from the community. Therefore, officers must understand the laws
defining the scope of their enforcement powers. Peace officers may only act in
accordance with the powers granted to them.
Rules
1.1 Peace officers shall not knowingly exceed their authority in the
enforcement of the law.
1.2 Peace officers shall not knowingly disobey the law or rules of criminal
. procedure in such areas as interrogation, arrest, detention, searches,
seizures, use of informants and preservation of evidence.
1.3 Peace officers shall not knowingly restrict the freedom of individuals, .
whether by arrest or detention, in violation of the Constitution and laws of
the United States and the State of Minnesota.
1.4 Peace officers, whether on or off duty, shall not knowingly commit any
criminal offense under any laws of the United States or any state or local
jurisdiction in which the officer is present, except where permitted in the
performance of duty under proper authority.
Principle Two
Peace officers shall refrain from any conduct in an official capacity that detracts
from the public's faith in the integrity of the criminal justice system.
Rationale
Community cooperation with the police is a product of its trust that officers will
act honestly and with impartiality. The peace officer, as the public's initial
contact with the criminal justice system, must act in a manner that instills such
trust.
Rules .
1.1 Peace officers shall carry out their duties with integrity, fairness and
impartiality.
1.2 Peace officers shall not knowingly make false accusations of any criminal
ordinance, traffic or other law violation. This provision shall not
prohibit the use of deception during criminal investigations or
interrogations as permitted under law.
1.3 Peace officers shall truthfully, completely and impartially report, testify,
and present evidence, including exculpatory evidence, in all matters of
an official nature.
l.4Peace officers shall take no action knowing it will violate the constitutional
rights of any person.
1.5 Peace officers must obey lawful orders, but must refuse to obey any
orders the officer knows would require the officer to commit an illegal
act. If in doubt as to the clarity of an order, the officer shall, if
feasible, request the issuing officer to clarify the order. An officer .
refusing to obey an order shall be required to justify his/her actions.
-
- 1.6 Peace officers learning of conduct or observing conduct which is in
violation of any law or policy of this department shall take necessary
action and report the incident to the officer's immediate supervisor,
who shall forward the information to the chief law enforcement officer.
If the misconduct is committed by the officer's immediate supervisor,
the officer shall report the incident to the immediate supervisor's
supervisor.
Principle Three
Peace officers shall perform their duties and apply the law impartially and
without prejudice or discrimination.
Rationale
Law enforcement effectiveness requires public trust and confidence. Diverse
communities must have faith in the fairness and impartiality of their police.
Peace officers must refrain from fostering disharmony in their communities based
upon diversity, and perform their duties without regard to race, color, creed,
. religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age.
Rules
3.1 Peace officers shall provide every person in our society with professional,
effective and efficient law enforcement services.
3.2 Peace officers shall not express, whether by act, omission or statement,
prejudice concerning race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, disability, sexual
orientation, or age.
3.3 Peace officers shall not allow their law enforcement decisions to be
influenced by race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual
orientation, or age.
Principle Four
. Peace officers shall not, whether on or off duty, exhibit any conduct which
discredits themselves or their department or otherwise impairs their ability or
that of other officers or the department to provide law enforcement services to -
the community. -
Rationale
A peace officer's ability to perform his/her duties is dependent upon the respect
and confidence communities have for the officer and law enforcement officers in
general. ~ Peace officers must conduct themselves in a manner consistent with
the integrity and trustworthiness expected of them by the public.
Rules
1.1 Peace officers shall not consume alcoholic beverages or chemical
substances, while on duty, except as permitted in the
performance of official duties, and under no circumstances
while in uniform.
1.2 Peace officers shall not consume alcoholic beverages to the extent
the officer would be rendered unfit for the officer's next
scheduled shift. A peace officer shall not report for work with
the odor of an alcoholic beverage on the officer's breath.
1.3 Peace officers shall not use narcotics, hallucinogens, or other .
controlled substances except when legally prescribed. When
medications are prescribed, the officer shall inquire of the
prescribing physician whether the medication will impair the
officer in the performance of the officer's duties. The officer
shall immediately notify the officer's supervisor if a prescribed
medication is likely to impair the officer's performance during
the officer's next scheduled shift.
1.4 Peace officers, while on duty, shall not commit any act which, as
de fined under Minnesota law, constitutes sexual harassment,
including but not limited to, making unwelcome sexual
advances, requesting sexual favors, engaging in sexually
motivated physical contact or other verbal or physical conduct
or communication of a sexual nature.
1.5 Peace officers, while off duty, shall not engage in any conduct
which the officer knows, or reasonably should know, constitutes
an unwelcome sexual advance or request for sexual favor, or
unwelcome sexually motivated physical contact or other
unwelcome verbal or physical conduct or communication of a .
sexual nature.
· 1.6 Peace officers shall not commit any acts which, as defined
under Minnesota law, constitute sexual assault or indecent
exposure. Sexual assault does not include a frisk or other
search done in accordance with proper police procedures.
1.7 Peace officers shall not commit any acts which, as defined
under Minnesota law, constitute (1) domestic abuse, or (2) the
violation of a court order restraining the officer from committing
an act of domestic abuse or harassment, having contact with
the petitioner, or excluding the peace officer from the
petitioner's home or workplace.
1.8 Peace officers shall not, in the course of performing their duties,
engage in any sexual contact or conduct constituting lewd
behavior, including but not limited to, showing or receiving a
massage in the nude, exposing themselves or otherwise making
physical contact with the nude or partially nude body of any
person, except as pursuant to a written policy of the
department.
· 1.9 Peace officers shall avoid regular personal associations with
persons who are known to engage in criminal activity where
such associations will undermine the public trust and confidence
in the officer or department. This rule does not prohibit those
associations that are necessary to the performance of official
duties, or where such associations are unavoidable because of
the officer's personal or family relationships.
Principle Five
Peace officers shall treat all members of the public courteously and with respect.
Rationale
Peace officers are the most visible form of local government. Therefore, peace
officers must make a positive impression when interacting with the public and
each other.
Rules
· 5.1 Peace officers shall exercise reasonable courtesy in their dealings with
public, fellow officers, superiors and subordinates.
5.2 No peace officer shall ridicule, mock, deride, taunt, belittle, willfully .
embarrass, humiliate, or shame any person to do anything reasonably
calculated to incite a person to violence.
5.3 Peace officers shall prom ptly advise any inquiring citizen of the
department's complaint procedure, and shall follow the established
departmental policy for processing complaints.
Principal Six
Peace officers shall not compromise their integrity, nor that of their department
or profession, by accepting, giving or soliciting any gratuity which could be
reasonably interpreted as capable of influencing their official acts or judgments,
or by using their status as a peace officer for personal, commercial, or political
gain.
Rationale
For a community to have faith in its peace officers, officers must avoid conduct
that does or could cast doubt upon the impartiality of the individual officer or the .
department.
Rules
6.1 Peace officers shall not use their official position, identification cards or
badges: (1) for personal or financial gain, for themselves or another
person; (2) for obtaining privileges not otherwise available to them except
in the performance of duty; and (3) for avoiding consequences of unlawful
or prohibited actions.
6.2 Peace officers shall not lend to another person their identification cards or
badges or permit these items to be photographed or reproduced without
approval of the chief law enforcement officer.
6.3 Peace officers shall refuse favors or gratuities which could be reasonably
interpreted as capable of influencing official acts or judgments.
6.4 Unless required for the performance of official duties, peace officers shall
not, while on duty, be present at establishments that have the primary
purpose of providing sexually-oriented adult entertainment. This rule
does not prohibit officers from conducting walk-throughs of such
establishments as part of regular assigned duties. .
· 6.5 Peace officers shall:
1. Not authorize the use of their names, photographs or titles in a manner
that identifies the officer as an employee of this department in connection
with advertisements for any product, commodity, or commercial
enterprise;
2. Maintain a neutral position with regard to the merits of any labor dispute,
political protest, or other public demonstration while acting in an official
capacity;
3. Not make endorsement of political candidates, while on duty, or while
wearing the department's official uniform.
This section does not prohibit officers from expressing their views on existing,
proposed or pending criminal justice legislation in their official capacity.
None of these rules shall prevent officers from engaging in the free expression of
political speech in their capacities as private citizens, or the rights of police
fraternal or labor organizations to endorse political candidates or express views
· on political issues or other matters of public concern.
Principle Seven
Peace officers shall not compromise their integrity, nor that of their department
or profession, by taking or attempting to influence actions when a conflict of
interest exists.
Rationale
For the public to maintain its faith in the integrity and impartiality of peace
officers and their department's, officers must avoid taking or influencing official
actions where the officer's actions would or could conflict with the officer's
appropriate responsibilities.
Rules
7.1 Peace officers shall, unless required by law or policy, refrain from
becoming involved in official matters, or influencing actions of other peace
officers in official matters, impacting the officer's immediate family,
· relatives, or persons with whom the officer has or has had a significant
personal relationship.
7.2 Peace officers shall, unless required by law or policy refrain from acting or ·
influencing official actions of other peace officers in official matters
implicating persons with whom the officer has or has had a business or
employment relationship.
7.3 Peace officer's shall not use the authority of their position as peace
officers, or information available to them due to their status as peace
officers, for any purpose of personal gain including, but not limited to,
initiating or furthering personal and/or intimate interactions of any kind
with persons with whom the officer has had contact while on duty.
7.4 Peace officers shall not engage in any off-duty employment if the position
compromises or would reasonably tend to compromise the officer's ability
to impartially perform the officer's official duties.
Principle Eight
Peace officers shall observe the confidentiality of information available to them
due to their status as peace officers.
Rationale
Peace officers are entrusted with a vast amount of private and personal ·
information, or access thereto. Peace officers must maintain the confidentiality
of such information to protect the privacy of subjects of that information, and to
maintain public faith in the officer's and department's commitment to preserving
such confidences.
Rules
8.1 Peace officers shall not knowingly violate any legal restriction for the lease
or dissemination of information.
8.2 Peace officers shall not, except in the course of official duties or as
required by law, publicly disclose information likely to endanger or
embarrass victims, witnesses or complainants.
8.3 Peace officers shall not deluge the identity of persons giving confidential
information except as required by law or department policy.
Any disciplinary actions arising from violations of this policy shall be investigated
in accordance with (Minn. Stat. 626.89), Peace Officer Discipline Procedures Act
and the law enforcement agency's policy on Allegations of Misconduct as ·
required by POST Board Rules, (Minn. R. pt. 6700.2000 to 6700.2600).
· SECTION 111
IMPARTIAL
POLICING
·
- POLICY
·
· 111. IMPARTIAL POLICING POLICY
Section 111.01 Purpose
This policy is intended to reaffirm the St. Joseph Police Department's
commitment to impartial/unbiased policing and to reinforce procedures that
serve to assure the public that we are providing service and enforcing laws in a
fair and equitable manner to all.
Section 111.02 Policy
A. Policing Impartially
1. Investigative detentions, pedestrian and vehicle stops, arrests,
searches and property seizures by officers will be based on a
standard of reasonable suspicion or probable cause in accordance
with the Fourth Amendment of the United States Constitution.
· Officers must be able to articulate specific facts, circumstances and
conclusions that support reasonable suspicion or probable cause for
investigalive detentions, pedestrian and vehicle stops, arrests,
nonconsensual searches, and property seizures.
2. Except as provided in paragraph 3, officers shall not consider race,
ethnicity, national origin, gender, sexual orientation and religion in
establishing either reasonable suspicion or probable cause.
3. Officers may take into account the descriptors in paragraph 2 of a
- specific suspect( s) based on information that links specific,
suspected, unlawful or suspicious activity to a particular individual
or group of individuals. This information may be used in the same
manner which officers use specific information regarding age,
height, weight, etc. about specific suspects.
B. Preventing Perceptions of Biases Policing - Procedural
Guidelines
In an effort to prevent the perception of biased law enforcement, officers
shall utilize the following guidelines:
· ./ Be respectful and professional.
./ Introduce or identify yourself to the citizen and state the reason for ·
the contact as soon as practical, unless providing this information
will compromise officer or public safety.
./ Ensure that the detention is no longer than necessary to take
appropriate action for the known or suspected offense.
./ Attempt to answer any relevant questions the citizen may have
regarding the citizen/officer contact, including relevant referrals to
other agencies when appropriate.
./ Provide your name and badge number when requested, preferable
in writing or on a business card.
./ Explain and/or apologize if you determine that the reasonable
suspicion was unfounded (e.g. after an investigatory stop).
Section 111.03 Supervision and Accountability
Supervisors shall ensure that all personnel in their command are familiar with the
content of this policy and are operating in compliance with it. ·
·
e SECTION 200
GENERAL DUTY
AND PATROL
.
PROCEDURES
.
200. GENERAL DUTY AND PATROL PROCEDURES ·
Section 200.01 Report to Duty
Officers shall be punctual in reporting for duty, Officers who fail to report and be
prepared for duty shall be deemed "neglect of duty". Officers shall inform the
Stearns County Sheriffs Dispatcher when they begin and end each shift, or when
they will not be in direct radio contact with the dispatcher. To the extent
possible, officers will remain in direct communication with the dispatcher through
the use of radio or telephone.
Section 200.02 General Patrol Activities
During an assigned period, the officers shall perform the following general patrol
activities:
A. Patrolling the streets on foot or automobile with a minimum of 1/2 hour
per shift consisting of foot patrol.
B. Regular patrol of commercial and liquor establishments and other places ·
of public gathering within the City. Periodic review of practices, and
regular locations of criminally inclined persons for the purpose of
preventing, and detecting crime.
C. Observation for stolen goods, automobiles, lost children and fugitives from
justice.
D. Make an official response to all calls and reported - incidents according to
priorities at the discretion of the officer.
Section 200.03 Instant Action
An officer, regardless of work or assignment, shall act instantly to protect life,
liberty or property to enforce the law and to direct the commission of crimes;
and apprehend law violators.
·
· Section 200.04 Arrest, Search, and Seizure
Officers shall not make any arrests, search, or seizure which they know or should
know is not in accordance with law and departmental procedures. When
enforcing the law an officer must often make an instant decision in which he is
afforded a latitude of discretion. In making these decisions, an officer shall act
in accordance with the following:
A. What is reasonable in terms of appropriate police action or would
constitute probable cause varies with each situation, and different facts
may justify either an investigation, detention, search, and arrest, or no
action at all. The requirement that legal justification be present imposes a
limitation on an officer's action. In every case, an officer must act within
the limits of his/her authority as defined by statute and judicial
interpretation, thereby insuring that the rights of both the individual and
the public are protected.
B. Once a violator has been identified, it is' the function of the officer to
initiate the criminal process; however, there are circumstances when a
crime may occur and the officer will not make a physical arrest. A tab
charge may be issued or a report written and an application for a
· complaint made, or in some cases, when the offense is of a minor nature,
a verbal 'warning or other direction may be given. The decision not to
make an arrest shall be guided by the factual situation involved, not by
the personal feelings of the officer.· An officer may not allow personal
considerations, friendships, the position of violators, race, sex, religion,
economic status, physical handicap, or other impermissable classifications
to influence his/her exercise of discretion.
Section 200.05 General Responsibility At Crime Scene
Or Incident
Upon arrival at a scene of a crime or other police incident, the officer shall be
responsible for the following actions as they may apply to the situation:
1. Summon medical assistance and administration of first aid as required to
prevent further injury or loss of life.
2. Arrest of the violator.
3. Security of the scene.
· 4. A factual investigation of the incident.
5. Other action as warranted in the officer's judgment. .
Section 200.06 Rendering Assistance
All officers shall render police assistance to all persons who request it so far as
such assistance is consistent with police duties. Officers shall cooperate with all
other agencies affording them all aid and authorized information such
organizations are entitled to receive. Officers shall give help and information to
visitors to the City. The officer shall prepare a report for review by his/her
superior with respect to any information given to the officer in good faith by any
citizen regarding matters that indicate the need for police action.
Section 200.07 Radio Procedure
All messages over the police radio system by an officer shall be direct, concise
and shall conform with all department radio procedures and the rules and
regulations of the Federal Communications Commission. An officer shall not
disobey or refuse to take cognizance of any communication transmitted by radio
operator, unless directed to do so by a superior. An officer shall not transmit .
lengthy descriptions, messages, details or other lengthy information over the
police radio system unless circumstances prevent the officer from making such
transmissions by public telephone. Members shall avoid all unnecessary, non-
police related radio transmissions. Officers shall not mention by name or identity
by innuendo any citizen, unless and except where that identification is necessary
with respect to legitimate policy activity. The Chief of Police is responsible for
the proper use of all communication equipment and shall train his/her officers
accordingly.
Section 200.08 Official Records
Officers shall submit all necessary reports, including daily activity offense reports,
traffic accident reports, motor vehicle and non-motor vehicle activity, and all
other reports as are required in the performance of duty at the end of the
officer's regular police shift, unless so excused and allowed to submit reports at a
later time by the officer's superior. All officers, including the Chief of Police, shall
keep a proper daily log of activities, which is to note by hour and minute the
time the shift began, all break time during the shift, a summary of duties, time
on foot patrol, receipt of official calls, contact the public and the time the shift
ended. Failure to do so shall be grounds for disciplinary action. .
· Section 200.09 Use of Force
Officers shall not use more force in any situation than is reasonably necessary
under the circumstances. Force shall be used in accordance with the law and
departmental procedures. Whenever force is used, an officer shall submit a
written report explaining the amount of force used and the reason why the
member felt that the use of force was necessary.
Section 200.10 Treatment Of Persons In Custody
Officers shall not mistreat persons who are in custody. Persons held in custody
shall be held in accordance with the law and procedures of this department.
Section 200.11 Unsecured Buildings And Open Doors
Officers shall periodically check all unattended buildings in the City which
normally contain valuable property. If an officer discovers a building unsecured,
· or a window or a door which is found open or unlocked, the officer shall
immediately notify the owner of the building so that the building may be secured
by the owner. If the owner cannot be reached, the officer shall take reasonable
steps to secure the building and continue to attempt to notify the owner- of the
situation. The officer shall also make a thorough inspection and investigation of
the building, notifying the Stearns County Sheriff's Dispatcher before entering
the building. An officer shall request assistance or backup where he/she has
reason to believe that an unauthorized person may be within the building. In all
situations where an officer is entering an unsecured building, he/she is
encouraged to request assistance or backup, as available, before entering the
building. An officer shall prepare an initial complaint report regarding any
discovered unsecured building, recording the action taken by the officer in
response to the discovery.
Section 200.12 Miscellaneous Traffic Direction
An officer assigned to traffic duty shall, while directing traffic in a roadway, wear
an department issued safety vest
·
Section 200.13 Fights .
Officers shall take immediate steps to stop all fights or disturbances which they
discover or which are reported to them. Officers shall attempt to mediate and
diffuse a situation after stopping the fight, but shall not take sides in the
argument or disagreement. Wherever possible, these situations shall be handled
without arrest, except where the officer's investigation indicates that one
participant was the innocent victim of an assault, or where the culpable for the
fight or disturbance rests primarily upon one party. However, if disorderly type
conduct continues, all parties violating the law shall be arrested. The officers
shall also make arrests where he/she feels that an arrest is necessary for the
protection of persons or property.
Section 200.14 Property Damage/ Hazards
While on patrol, an officer shall make observations for damaged or missing
property of public entities or utilities. If observed, officers shall react in the
following manner:
A. When the officer discovers a street light which is burnt out, or a utility
pole or wire which is down or damaged, or broken gas or heat mains, .
broken sewer or water pipes, he/she shall jmmediately notify the utility
company, and if the situation presents a public safety hazard, they shall
secure the area until the situation is controlled and the safety hazard is
alleviated. If the situation is not one so as to affect the public's safety or
cause a disruption of service he may wait to notify the utility company
during regular business hours on the next business day.
B. Officers shall report all public safety hazards and maintenance
requirements to the City maintenance department at the earliest possible
convenience including any missing street signs and damage to City
property. Where the maintenance requirement or safety hazard presents
a situation where public safety is threatened, the officer shall take
reasonable and available steps to alleviate the safety hazard until the
maintenance department is able to respond.
e. The officer shall assure that all streets, and alleys are not obstructed and
that the pavement is not defective so as to cause an unreasonably
dangerous=condition-;-if so, the--obstruction should be removed by the
officer, or if the officer is unable to remove the obstruction, maintenance
shall be contacted and the officer shall take all reasonable steps to
alleviate any public safety hazard caused by the condition until the .
maintenance department can respond.
.
Section 200.15 Fire Procedure
Officers shall respond to all fire calls, establish fire lanes, assure public safety,
and otherwise act at the direction of the fire chief.
Section 200.16 Meal Breaks And Rest Periods
A. Officers on duty shall eat meals within the City limits and shall remain in
radio or telephone contact with the Stearns County Dispatcher during
meal periods. Meal breaks shall be of the length of one-half hour.
B. Officers on duty shall also have two is-minute break periods during each
regular duty shift. The first break shall be taken in the middle of the first
half of the shift and the second break shall be taken in the middle of the
second half of the shift, Officers shall enter into their logs the beginning
and end of each meal or coffee break taken by the officer.
. Section 200.17 MAJOR CRIME PROCEDURE
A. For - incidents involving major crimes, such as homicides, shootings,
incidents involving police officers or other situations of pertinent news
relevance, the county attorney shall be notified by the officer investigating
Sergeant or the Chief of Police.
B. For assistance in the preparation of search warrants or when on the scene
legal advice is required, the officer in charge shall contact the county or
city attorney for such advice.
Section 200.18 Emergency Notification Of The Chief Of
Police
The Chief of Police shall be notified by an officer on duty under the following
circumstances:
A. Death of an officer.
. B. Injury of an officer which requires hospitalization.
C. Death or serious injury to a person caused by or connected with an .
officer.
D. Homicides or deaths which do not appear to be natural.
E. Catastrophies.
F. Any act or event which could cause grievous embarrassment to the
department.
G. Events that may indicate the need for mobilization of off -duty officers.
H. Serious crimes of an unusual nature.
1. Whenever in the judgment of the officer, notification is deemed necessary
for the welfare of the department or the city.
J. In the case that the Chief of Police cannot be reached, officers shall notify
the Sergeant.
.
e
· SECTION 201
GENERAL
· RECORDS
-
·
201: GENERAL RECORDS ·
Section 201.01 Purpose
Federal and state legislative bodies have adopted rules and regulations regarding
the dissemination of criminal records and criminal history information. The main
purpose of these regulations is to protect the security and privacy of such
information. In order to comply with these regulations, the following
procedures will be adhered to by all officers of the St. Joseph Police Department.
Section 201.02 Restricted Access
No one, except officers of the St. Joseph Police Department and those authorized
by the Chief of Police, is permitted to inspect the records filed for the purpose of
searching or otherwise exploring the records for information. All requests for
such information shall be submitted to the Chief of Police or Sergeant who has
authorized access to the files. In the event a record is pulled from the files for
examination, it shall be immediately refilled by the officer pulling the file.
·
Section 201.03 Records Security - Responsibility
All officers who have authorized access to the records are responsible for
enforcing these regulations which are essential to the security and integrity of
the records system. Infractions of regulations shall be immediately directed to
the attention of the Chief of Police or Sergeant and may result in the Chief of
Police disciplining the officer guilty of the infraction.
Section 201.04 Record Checks
Tile content of any criminal history or record filed in the police department is
governed by Minnesota statutes regulating records and come under three
classifications:
A. Public - this data is available to anyone.
B. Private - this data is available to the individual involved, but not the
general public.
·
. C. Confidential - this data is not available to either the, individual involved or
the general public.
What classification a record comes under can be found in correspondence from
the Minnesota Privacy Unit and is on file in the records file for the department.
This correspondence is continuously updated as amendments are made by the
legislature. All officers are responsible for knowing this law and all amendments
thereto.
Section 201.05 Routine Dissemination
This department will disseminate conviction information only, except in cases
governed under (Minn. Stat. 364.04), which states that if a record check is being
initiated for public employment or a public license, petty misdemeanor
convictions will not be released.
Section 201.06 Requests For Record Review By
Individuals
The department will allow private individuals to inspect information this
. department holds involving that individual, upon request. Inspection will be
allowed during normal business hours. Again, the records to be inspected shall
be governed by the -correspondence on file from the Minnesota Data Privacy
Unit.
Section 201.07 Juvenile Records
Juvenile information is strictly confidential and will not be released by this
department. If reports containing juvenile names are copied for any reason, the
names of the juveniles will be blacked out. Juvenile records will be purged
when the juvenile reaches 18 years of age.
Section 201.08 Expungement Of Official Records
Records expunged by court order must be removed from the files and destroyed.
Public records concerning an individual (criminal 1.0. card, arrest record,
fingerprint card, master card) as they relate to a particular case, will be
expunged by either complete destruction of the file or by blacking out the name
indicated on the order.
.
Section 201.09 Release Of The Name Of Complainants ·
Releasing the name or address of complainants on investigation such as loud
parties and domestic disturbances has a tendency to create and escalate
neighborhood feuds. The Data Privacy Act assures citizens a right to information
on an Initial Complaint Report (ICR). However, the department will only release
this information at the police department if the request is made to the Chief of
Police. Therefore, officers are not to divulge this information in the field.
Citizens who persist in knowing should be directed to the Chief of Police during
business hours.
Section 201.10 Update Of Records
Official records of the St. Joseph Police Department shall be kept current and
updated. All officers of the department are responsible for assuring that all
records are current.
Section 201.11 Specific Records To Be Kept ·
. Officers of the St. Joseph Police Department shall keep and maintain the
following records:
A. Records of all stolen property and missing persons are to be recorded on
computer.
B. Records of all persons receiving traffic or criminal citations. If the
citations come from a particular incident, the incident number will also be
included in the person's individual file.
C. A record of all significant calls received at the police department to be
filed by month and year.
D. A record of all firearms registered with the St. Joseph Police Department.
E. A record of all properties received by the department with each item to be
documented on computer. All serial numbers located on confiscated
articles shall be checked by NCIC for stolen property.
F. Incident reports listing and explaining all damage done to any equipment ·
owned and operated by the City of St. Joseph or any individual officer.
· G. A daily activity log of the officer for each shift worked.
H. A record with respect to all citations issued, arrests made, or citizen
complaints to which an officer has responded.
I. All other records as required or mandated by these policies or by general
order of the City Council or Chief of Police.
·
·
SECTION 202 ·
REPORTING
SYSTEM
·
·
. 202: REPORTING SYSTEM
Section 202.01 Purpose
The purpose of this order is to establish a departmental report writing procedure.,
Section 202.02 General Information
A. Police reports are of major importance to a modern police department,
Information contained therein is the basis of the day-to-day activity of the
police department. Crime and subsequent events relating to them must
be promptly noted and reported numerous non-criminal activities of
concern to the police department must also be reported. Therefore, all
reports submitted must be complete, clear, concise, and accurate, as well
as legible.
B. Some of the more important uses of police reports are as follows:
1. They create a permanent record of the subject matter reported.
. 2. They are used in compiling statistics relative to crime.
3. They are often used in investigating and prosecuting a case.
4. Reports are often used as reference in civil matters by attorneys,
adjusters, or other litigants, and may become a matter of public
record or publications.
5. Even more important, supervisory officers must give supervision
and guidance to their subordinates in individual investigation. One
way to accomplish this is to record the action taken on a report. In
addition to reviewing the propriety of actions taken individual
cases, supervisory personnel will use reports to evaluate the work
performance of member under their command.
C. In preparing reports, members shall be guided by the following rules:
1. Reports will normally be hand written, printed, or typed in a neat,
legible manner. Reports may be taped or dictated, and then typed
if the investigation warrants same.
.
a) The report should be completed at the time of the ·
complaint or incident, on the appropriate report form
without delay.
b) If a report cannot be completed at the time of the
incident, the report may be held up until the next
working shift.
2. Particular care must be taken to present facts accurately, especially
when referring to proper names, street names, telephone and
house numbers, vehicle licenses, etc.
3. The information in the body of the report shall be stated in logical
form, and shall be concise, yet complete. Attention must be given
to spelling and grammar.
Section 202.03 Report Procedures
A. All reports must contain Initial Complaint Report numbers. Supervisors
shall not accept reports without such numbers. All incidents will be
assigned numbers. This number will be used in all cross-references and in ·
all correspondence regarding the particular incident. All incidents will be
posted by month and kept in an active Ble for one year.
B. The Chief of Police will review the completed reports during his/her tour of
duty.
1. The reports will be checked for completeness, accuracy, legibility
and proper format.
2. He will either approve the report or return it to the officer for
correction or rewriting.
Section 202.04 Report Forms - General Instructions
For a better understanding of the reporting system, it may be observed that
incidents brought to the attention of the department for investigation are
answered by a patrol officer. The patrol officer interviews the reporting person
and prepares the first report on the matter as follows:
A. ICR Number - The Initial Complaint Report number shall be inserted. ·
· B. Names - All proper names, including names of businesses, must be spelled
out in full.
C. Addresses - The apartment, suite, or room number is an integral part of
an address. Military personnel must be identified by unit number and the
name of the ship, station, or military installation. Indicate each address
by street number. Addresses recorded in the space provided should
represent the permanent residence address. If the individual is
temporarily staying in the city, this temporary address should be indicated
under the narrative section of the report if sufficient space is not found in
the space for the address.
D. Telephone - Include extension number when applicable. Use area code
for out-of-state numbers.
E. Dates - The number of the month followed by the number of the day and
last two digits of the year is the approved order of recording the date.
For example 02/16/70.
F. Time - Use military time only. Indicate spread of time by a dash between
the first and last known times. Example 0530-1820.
· G. Witnesses - Obtain as complete information as possible,' keeping in mind
the instructions above as to names and addresses. Record ~ex and age
using standard abbreviations. This general descriptive information as to
witnesses is often pertinent when it is later necessary to locate a witness
for an interview or to testify in court. If the space is adequate, record the
information as to additional witnesses.
H. Sex, Race, and Age - The sex, race, and age of suspects and witnesses
should be obtained as accurately as this can be accomplished through
observation, interview, or by questioning persons who might be able to
provide this information. With reference to victims and persons arrested,
this information should be obtained by observation. Race or national
origin should be noted only when relevant to the investigation of the
complaint.
I. Value - Indicate the total fair market value for articles subject to
depreciation. Use replacement costs to merchant (retail price) in thefts
from retail stores, warehouses, etc. Concerning checks, securities, and
non- negotiable instruments the value is the cost of the paper only
(usually five or ten cents per item). The face amount or dollar and cents
· sum for which it is drawn, is to be indicated.
J. Boxes Generally - When completing forms having item boxes, the ·
following general instructions apply:
1. The basic rule in reporting is that all boxes must be completed if
possible. However, there are instances where boxes by their very
nature do not apply to the particular cases being reported. Under
these circumstances, it is impossible to fill in the boxes and they
should be marked N/ A to indicate the box was considered but was IInot
applicable. II
2. Except in those instances where the nature of the report or
circumstances clearly indicate otherwise, all boxes must be completed
with either the information or one of the following terms: (1) None)
(2) Refused, or (3) Unknown.
3. If any box provides inadequate space in a particular case, note in the
box the words IIsee abovell and record or continue the details under
the narrative or additional information section.
K. Signatures - An investigating officer completing a report should sign it in
the space provided. If the report is a joint investigation by two or more
officers, both or all should be indicated on the report, but the person ·
filling out the report will sign same.
L. Supply of report forms - At the beginning of their tours of duty, all
members of the department are required to ensure they have available an
adequate supply of forms. The officers shall be familiar with the forms
available within the department and use appropriate forms as provided.
Officers must know how to correctly complete all available forms.
Section 202.05 Description Of Subjects
A. Person Suspects, Wanted Persons, etc. For the purpose of
report writing, it is essential that the description of any
person who is the subject of police attention be detailed
and complete. Emergency descriptions identifying a
fleeing suspect obtained for immediate broadcast should
be supplemented by further questioning of complainant or
witnesses, before the officer submits his/her report. In
addition to name, nickname, and address, the description
must, if possible, include:
·
. AGE: A span of ages may be used if the exact age is unknown
(Le., 25-30).
COMPLEXTION: Use positive terms, such as light, brown, olive,
ruddy, etc.
HEGHT: Obtain by comparison with yourself or others present.
BUILD: Use explanatory terms such as slim, husky, etc.
HAIR: Include here the type, such as straight, curly, kinky, etc.
Include the condition of baldness, such as, frontal total crown.
Note the type of haircut and the possibility of a wig. Give color.
EYES: Describe shape and color. Note suspect's use of glasses.
CLEAN SHAVEN: Yes or No.
PECULIARITIES: What is unusual about subject? For example:
amputations, nervous tics, peculiar mannerisms or movements,
gold teeth, prominent scars, deformities, speech oddities, tatoos,
etc.
. B. Clothing Worn By Subject - Clothing of the subject should
always be described in order from hat to shoes. In_
addition to identifying the articles by name such as hat,
coat, dress, slacks, try to include:
./ Style - Single-breasted sport coat, fingertip mink
stole, etc. Include hat style and color.
./ Color - Brown and white tweed, dark green satin,
flowered print, red on green, etc.
./ Identifiable Defects - Ripped left sleeve, grease spot
on back, etc.
./ Jewelry - Pins, emblems, rings, bracelets, necklaces,
etc.
C. Clothing Description - Generally. Give name of article to
be described. In describing men IS, women's, children's or
infant's clothing, always indicate color, and kinds of
. material.
-
Section 202.06 Dating Reports .
All reports prepared by members of the department shall specify the date of
preparation.
.
.
·
. SECTION 203
·
-
PATROL CAR
·
203: PATROL CAR POLICY .
Section 203.01 Responsibility Of The Vehicle
The patrol car shall be assigned to and be the responsibility of the officer on
duty. The patrol car should be kept n eat arid clean at all times. No personal
property shall be left in the vehicle after an officer has completed his/her shift.
The officer shall inspect the vehicle prior to the beginning of a shift. All
mechanical defects shall be reported to the Chief of Police.
When possible, the officer discovering a mechanical defect shall try to have the
defect repaired before or during his/her duty shift. Officers are not required to
fix any defects themselves. Prior to the ending of the duty shift, the officer shall
attempt to have the vehicle filled with gas. Officers on duty shall routinely
perform service checks, including oil checks and fluid checks, when purchasing
gasoline.
Section 203.02 Authority To Operate
The officer shall not operate the patrol car unless that officer has a valid license .
to operate the vehicle. No one shall operate the patrol car without receiving
orders of permission from the Chief of Police. Permission shall be implied with
respect to the officer's regular duty shift and official patrol procedures involved
herewith. This implied authority may be revoked by the Chief of Police upon
notice to the officer.
Section 203.03 Operation Outside The City Limits
An officer shall operate the patrol car within the city limits of the City of St.
Joseph, and shall leave the city limits only on official business. Each time the
vehicle leaves the St. Joseph city limits, it shall be noted in the officer's daily
activity log.
Section 203.04 Riders
No person shall be allowed to ride in the patrol car who is not a member of the
police department, police reserve, an individual detained, transported, or
assisted in the course of law enforcement duties, or others specifically approved -
-
. by the Chief of Police. The civilians who are transported in the car shall be noted
in the officer's daily log.
Section 203.05 Other Uses Of The Patrol Car
At no time shall the patrol car be used to pull, jump start, or in any other way
service or assist a civilian.
Section 203.06 Accident Reports
With respect to all accidents involving the patrol car, state accident reports shall
be filed on damage received, regardless of the amount of damage. Where the
damage to the patrol car or other vehicle exceeds $1,000.00, or where there is
personal injury involved in the accident, the accident shall be investigated by an
officer from another law enforcement agency having jurisdiction. The officer
involved in the accident shall immediately prepare a written report regarding the
circumstances of the accident, to be submitted to the Chief of Police within 36
hours of the accident, unless personal injuries prohibit the officer from doing so.
The officer shall not discuss the accident with anyone, except as authorized by
. the Chief of Police.
Section 203.07 Vandalism
Vandalism done to the patrol car shall be reported to the Chief of Police and the
incident report shall be prepared by the officer discovering the vandalism,
specifying the vandalism and the circumstances of its occurrence.
Section 203.08 Safe Driving Of The Patrol Car
The driver of the patrol car shall operate said vehicle in a reasonable manner,
executing due caution and judgment. The driver shall operate the vehicle in
compliance with the motor vehicle laws and traffic regulations, except where in
actual pursuit or in responding to an emergency, or where a specific incident is
requiring the officer to disregard the laws when carrying out his/her duty, during
which time the officer shall strictly adhere to the driving procedures established
for the operation of the vehicle in emergency situations, and shall continue to
pay due regard to the safety of the public.
.
Section 203.09 Unattended Police Vehicles
. The operator of the patrol car shall lock the vehicle when leaving the vehicle
unattended for more than a brief period.
Section 203.10 Smoking In Police Vehicles
Officers and other personnel shall NOT smoke in patrol vehicles.
.
.
SECTION 204 ·
USAGE OF
EQUIPMENT ·
·
· 204: USAGE OF EQUIPMENT
Section 204.01 Use Of Department Equipment
Members are responsible for the safety and proper care of all property assigned
to the officer belonging to the department. Property shall only be used for the
official purposes and in the capacity for which the property was designed.
Members shall be trained and knowledgeable of the proper use of all equipment
available for use by the officers.
Section 204.02 Repair Alterations Of Firearms
An officer shall not alter or repair a firearm belonging to the department, without
prior approval by the Chief of Police. Section 25.03 Return Of Property Prior to
resignation or commencement of a leave of absence, officers shall turn in all
articles of personal property belonging to the St. Joseph Police Department or
the City of St. Joseph, including, but not limited to, the collar brass, badges,
mace, police baton, police patches, and identification.
· Section 204.04 Inventory Of Property
The Chief of Police shall maintain an inventory of all property owned by the city
and delivered to an officer for use while in service of the St. Joseph Police
Department. In the event of resignation or a leave of absence, the Chief of
Police shall check the returned property against the inventory list and the officer
may be held responsible for any property which is unaccounted for.
· ,=~
SECTION 205 ·
USE OF
DEPARTMENTAL
·
TELEPHONE
~ ,-
·
· 205: USE OF DEPARTMENTAL TELEPHONES
Section 205.01 Restricted Use Of Telephones
A. The departmental telephones will be used only for
departmental business - not personal business.
B. Long distance or toll calls will be made only if less
expensive means such as teletype, U.S. Mail, courier, etc.
are impractical.
Section 205.02 Prompt Answering Of The Telephone
Make it a rule to answer a call immediately. Don't wait until you complete
searching a file, etc. Nothing reflects inefficiency as much as the failure to
answer an emergency call. Even if the caller has no emergency message, he will
think that this could be an emergency and the police telephone must be poorly
staffed since it rings without immediate answer.
· Section 205.03 Identify Yourself/Department
Identify yourself and the department when answering the telephone (Example:
liSt. Joseph Police Department, Jansky speaking. ")
Section 205.04 Cultivate A Pleasa nt, Businesslike
Speaking Voice And Manner
You must cultivate a voice which will sound interested and friendly as well as
businesslike. By doing this, you will convey the impression that you are very
willing to respond with service. Remember, although the matter may seem
trivial to you, it is important to the caller.
Section 205.05 Necessary Desk Material
It is elementary, but this must be noted - keep a pencil and pad at hand to jot
down pertinent points of the conversation. Keep a map close at hand, as well as
· a directory and other reference sources. People call for information about a
multitude of things. They are pleased when they get the correct information.
Also, a listing of officials with their telephone numbers, as well as cooperating ·
law enforcement agencies, should be kept available.
Section 205.06 Emergency Calls
Emergency calls are often received from those who are very emotional. Be
certain to get the location and name of the person calling before the call is
terminated.
Section 205.07 The " Pest" Or "Mentally Disturbed"
Caller
The "pest" or "mentally disturbed" caller must be handled with tact and
intelligence. If the person is unintelligible, it could be that he/she is in a
condition of shock or intense fear. These calls should be followed up to ensure
that responsibilities are discharged. If the caller is one who is known to be
demented and habitually calls the department with endless conversations, follow
the practice in these cases of being tactful and courteous, but terminate the call.
To have lengthy conversation only cultivates further nuisance calls.
·
·
· SECTION 206
COURT
PROCEDURES
·
·
206: COURT PROCEDURES ·
Section 206.01 Court Notification Procedures
Because of the sworn duties of police officer's, it is necessary for them to testify
in court. Officers are required to appear whenever necessary to testify. The
officer will be notified as far in advance as possible of upcoming court
appearances that necessitates his/her appearance in court. Cooperation with
city and county attorney's offices in regard to days off and vacation schedules
will help alleviate as much conflict with schedules as Possible.
The department will furnish the prosecutor's office with vacation information.
Section 206.02 Court Appearances
Be sure to discuss your testimony with the prosecutor. Have all case notes,
evidence, etc. with you when appearing for trial. Be present for court on time.
Section 206.03 Physical Appearance ·
When appearing for court, officers _will, except in extreme emergencies, wear
their duty uniform, business suit, sport coat or appropriate attire.
Section 206.04 Entrance
Walk directly to the witness stand or clerk's desk and prepare to take the oath.
Do not look at the accused, the jury, or the judge. Follow the prosecutor's
direction. Your command of yourself as you enter the courtroom is an important
first impression.
Section 206.05 Testimony
A. A good police witness should speak clearly and slowly, so the jury hears
and understands all that is said. Avoid use of slang terms and police
lingo. Look directly at the prosecutor at all times while answering
his/her questions. Remember that the defense counsel will be making
objections to portions of your testimony. When an objection is made, ·
immediately cease your testimony, look at the judge, and await his/her
· decision. Do not try to blurt the answer quickly as this could possibly
cause error, or even a mistrial, and indicate unmistakeable bias. After
the judge rules, and you are allowed to answer, ask for a repeat of the
question if its details are foggy.
B. RESPOND ONLY TO THOSE QUESTIONS ASKED. A witness should not
volunteer any items of testimony not requested and should be
responsive.
C. In the event you realize you have made a mistake in your testimony,
correct it as soon as possible. This will be much better than being
recalled as a witness to explain the discrepancy. Do not relate the facts
of the accused's former arrest record, convictions, etc. Example: "I've
known him since I arrested him for a burglary" has caused many judges
to declare mistrials.
D. When the prosecutor has finished, stay seated and await cross-
examination. It is at this point that an officer's effectiveness as a witness
will be tested. Here are some cross-examination do's and don'ts:
1 DO NOT ARGUE: Depend upon the prosecutor to protect you from cross-
· examination badgering.
2 AVOID DISPLAYS OF BIAS: Treat the facts and defense counsel, as if the
case was only one of hundreds you have: been workirrg on, and display an
'interest in justice only.
3 DO NOT JOKE OR LAUGH: Avoid all temptations to be a courtroom
comedian. You are there asking a jury to deprive a citizen of his/her liberty
and that is serious business.
4 BE RESPONSIVE: Answer the questions asked. If the defense counsel asks
two questions in one, ask him to separate them. Do not answer a question
that has a presumption as its first part. For instance, "Since it is obvious you
don't like my client, why didn't you have a recording made of the
conversation?" The officer should rebut the first part of the question before
explaining the absence of the recording.
,Section 206.06 Respect of Court Officers
--
At all times, an officer shall act in a respectful manner toward the judge, jurors,
· defense attorneys and court personnel.
Officers shall not express any personal feelings regarding the conduct or .
decisions of any of the above, nor question their integrity or decisions. Officers
may discuss a case with the judge or defense attorney after its conclusion, but
shall do so outside the courtroom and in a respective manner. Officers should
not discuss a case with jurors at any time during the trial, and after the trial only
if approached by the juror.
Section 206.07 Conduct Outside Of Courtroom
Officers shall not publicly discuss the case or show emotion in hallways or other
public waiting areas outside of the courtroom.
Your conduct outside of the courtroom may come under the scrutiny of the
defendant, his/her attorney, the judge, jury or court administrators. Therefore,
an officer must conduct himself/herself in a professional manner outside as well
as inside a courtroom.
.
--
.
. SECTION 300
ARREST AND
PRISONERS
.
.
300: ARREST AND PRISONERS .
Section 300.01 Arrests
A. Officers shall not make arrests for trivial offenses when a warning would
suffice, except when the violations are willful and repeated. Officers not
in uniform shall not arrest traffic violators on sight except when the
violation is of such a flagrant and dangerous nature that the officer is
required to take the violator into custody or where an arrest is necessary
for purposes of identification and/or investigation. Members should not
engage in controversies nor attempt to exact police discipline or make
arrests in their own quarrels or in those of their families, or disputes
arising between their neighbors, except when dispatched by the Chief of
Police.
B. No unjustifiable force or violence shall be used at any time in making an
arrest.
C. All officers shall be familiar with the citizens arrest law of the State of
Minnesota. When any responsible person charges another with
commission of a crime and requests an officer to place the charged .
person under arrest, the officer shall determine whether or not there
appears to be sufficient cause for the arrest and may require the accuser
to accompany the officer to the police department to complete the citizens
arrest procedure. When investigating a citizens arrest, the officer shall
pay special attention to the circumstances of the charges to assure that
the accusing party has not invoked the citizens arrest procedure to
accomplish an ulterior motive, to harass another, or for some other
improper purpose.
Section 300.02 The Care Of Prisoners
Officers shall be cautious in the arrest and detention of prisoners or suspects and
will take all necessary precautions to prevent an escape or the carrying of
weapons on the prisoner's person after arrest, or injury to themselves or another
person or damage to property.
A. Officers shall not place weapons or objects adaptable for use as weapons
capable of inflicting serious bodily injury, or permit such objects to remain
unattended in any location normally accessible to a prisoner or suspect. A
prisoner shall not be left unattended until placed in a secure area. --
-
· B. The arresting officer is responsible for the security of personal property
and possession of an arrested person under his/her control at the time of
arrest. He/she shall see that such properties are safely stored until
returned to the arrested person. Property removed from an arrested
person shall be inventoried and documented.
c. When transporting prisoners, they should be handcuffed and/or other
necessary restraints should be used. If the officer, using his/her
discretion, decides not to handcuff a prisoner, it will be noted in the
officer's report the reason for this decision.
D. Officers will see that immediate medical attention is given to any
unconscious person or to one who appears to be injured or in ill health, in
need of such medical attention, or where medical attention is requested
and it appears to the officer that the request is warranted.
·
·
SECTION 301 ·
JUVENILE
ARREST
·
PROCEDURE
·
· 301: JUVENILE ARREST PROCEDURE
Section 301.01 Purpose
The purpose of this order is to establish procedures for handling the
apprehension of juveniles when they have violated state statutes or city
ordinances.
Section 301.02 General Rules
A. Minor offenses involving juveniles should be handled
expeditiously by the responding officer for maximum
corrective effect on the juvenile and best utilization of
department personnel. Juveniles involved in serious
offenses, or when multiple violations are evident, should
be fully investigated and reported by the officer.
S. Parents or legal guardians shall be contacted, if possible, in
all juvenile arrest situations at the earliest and most
· practicable time. Reports should indicate such information.
C. Reports shall be prepared on all juveniles detained or
taken into custody. Reports shall include both natural'
parents' names and addresses even when the juvenile lives
away from them.
D. Offenses of a serious nature that may result in petitioning
the court require that the juvenile and at least one parent
. or legal guardian be read the Warning and Statement of
Rights and their signatures affixed thereto before any
interviewing/interrogation or statements are taken.
E. If the juvenile or parent/guardian refuses to sign the
Warning and Statement of Rights, the officer will complete
the form and so indicate that they "refused" to sign. If the
juvenile and parents understand their rights and don't
want to sign the form, but will talk about the incident, the
officer shall proceed with the interview/interrogation,
record statements, and complete records.
· F.When the parents or legal guardian of the juvenile cannot
be located to take custody of the juvenile, an older family
member, relative, or responsible adult may be contacted. .
the officer should inform this person to have the parents or
legal guardian contact the police department for further
information or an appointment.
.
.
. SECTION 302
USE OF FORCE
.
.
302. USE OF FORCE ·
Section 302.01 PURPOSE
The (Minn. Stat. 609.06, 609.065, 609.066, & 629.33) deals with the legal levels
of force that law enforcement officers may use in the normal course of their
duties, It should be emphasized that when consent or an emergency is not
present, and there is not probable cause to make an arrest, the non-consents
touching by a police officer may constitute a crime, as well as result in civil
liability, When probable cause exists, criminal and civil liability may still occur if
the limits of the law are exceeded.
Section 302.02 INTRODUCTION
A. In a majority of cases, some level of physical force will be necessary to
effect an arrest or to protect others. That amount of physical force may
be as low as placing a hand on a subject's shoulder or arm, and directing
that subject to place his/her hands behind his/her back for handcuffing.
Depending on the level of resistance offered¡ the officer may use ·
techniques that may escalate to physically pinning the subject to respond
to techniques that influence behavior by elicited pain in order to apply
handcuffs using hand/leg strikes, impact weapons, or even the use of a
firearm, if the resistance offered is severe.
In all cases¡ the Minnesota State Statutes¡ state that only "reasonable" or
"necessary" force is justified. Any force above that act would be
unjustified, and a criminal act by a police officer would then occur.
B. For the purposes of this policy, the use of force will be examined from two
perspectives; resistance and control. Both control and resistance can be
in the form of verbal directives or physical action.
1. Resistance is manifested by the subject who attempts to resist an
officer's attempts of control, The amount and type of resistance will
vary, based on a variety of factors.
2. Control is the force an officer uses to influence or neutralize the
unlawful¡ physical .actions of- a subject under arrest. Generally¡
there are four times an officer is justified to using physical control
methods. They are: ·
· ./ To stop potentially dangerous and unlawful behavior
.'
./ To protect the officer or another from injury or death.
./ To protect subjects from injuring themselves
./ In the process of effecting lawful arrest when the subject
offers resistance
3. JUSTIFICATION of the use of force in the judicial system is
measured by two broad standards. First, the officer's use of
control methods was initiated by a subject's resistance. Second,
the level of physical force used by the officer was "necessary" and
not excessive when considering the typed of resistance offered by
the subject.
Section 302.03 Levels of Resistance
Resistance is defined as the force used by a subject under arrest against the
officer(s) who is effecting the arrest. Although the resistance offered by a
· subject is usually physical, the type and amount of resistance an officer meets is
determined by the subject's level of intent., The intent of the subject may range
from passive resistance to an active, aggressive attack on the officer.
Resistance may be categorized into three broad areas:
1. VERBAL RESISTANCE (i.e., denial to lawful orders of arrest or
commands, verbal threats or assaults)
2. PHYSICAL RESISTIVE ACTIONS (i.e., passive resistance, defensive
resistance, active aggression)
3. AGGRESSIVE ACTS (Le., against the officer, often leading to sever
physical injury) the officer's actions to resistance will be based
upon his/her perception of the level of resistance, The officer has
been trained to use the necessary amount of force to control a
3ubject offering any level of resistance.
A. PSYCHOLOGICAL INTIMIDATION
'""'-= -_c_
Nonverbal actions, often called "body language," often influence an
· officer's decision on how to approach a subject or what level of force to
use if a subject starts to resist an arrest. Nonverbal intimidation actions
may include clenching of fists, widening of foot stance, or a blan .
expression that may warn an officer of an individual's emotional state.
These nonverbal intimidation actions often warn an officer of a subject's
potential for violence, when the subject has offered no verbal threats.
However, an officer's reaction to a subject's nonverbal intimidation signals
should be used as information to mentally propose the officer's
alternatives to possible attack, not as a justification for attack. An officer
who reads the nonverbal signals and believes that physical control is
necessary to prevent a subject from injuring himself, others, or the officer,
may initiate action before any overt moves are made by the subject.
B. RESISTIVE DIALOGUE
A subject's dialogue that offers the threat of physical resistance to an
officer's commands is not normally considered resistance until he or she
physically resists an attack. However, dialogue in the form of threats of
physical injury may influence an officer's opinion as to the amount of force
required to effect control. An offender may boast of his/her fighting skill
and his/her intention to injure the officer, or assume a fighting stance
such as raised hands or clenched fists. Verbal threats or psychological
threats may influence the officer's judgment to attempt either empty hand
control, impact weapons or even firearms if the subject has a weapon or .
has such great physical skills that threat to life is real.
The reactions to verbal threats made by a subject may differ from officer
to officer. An officer's decision of the level of force necessary to control a
subject will be based on his/her perception of the threat and the subject's
ability to carry out that threat. An additional factor is the officer's
knowledge of his/her own physical ability to manage the threat presented.
If the officer believes that he/she does not have sufficient skill to establish
control with empty hand methods, he or she has been trained to escalate
the level of force.
C. PASSIVE PHYSICAL RESISTANCE
Passive resistance is the lowest level of physical resistance. The subject
resists control through passive, physical actions. At this level, the
offender never makes any attempt to defeat the physical contact of the
officer. Passive resistance is usually in the form of a relaxed or "dead
weight" posture intended to make the officer lift, pull, or muscle the
subject to establish control.
.
D. DEFENSIVE PHYSICAL RESISTANCE
. Quite often, officers find themselves confronting a suspect who is
physically resisting the officer's attempt to control the subject by directing
overt, defensive, physical actions. With this level of resistance, the
offender attempts to push or pull away in a manner that does not allow
the officer to establish control. However, the subject neyer attempts to
strike the officer.
E. ACTIVE PHYSICAL'AGGRESSION
Active physical aggression is when a suspect attacks the officer to defeat
attempts of control. The attack is a physical assault on the officer in
which the offender strikes or uses techniques in a manner that may result
in injury to the officer or others.
F. AGGRAVATED AcrIVE PHYSICAL AGGRESSION
Aggravated active physical aggression is when a subject uses a level of
physical force that the officer usually must use, or at least is justified in
using deadly force. At this level, officers may not only face resistance to
an arrest, but also overt; physical actions of force where the subject is
. assaulting the officer with a weapon, and/or uses techniques or objects
which could result in death or bodily harm to the confronting officer.
Section 302.04 Levels of Control
Force that an officer uses to gain control over a subject's resistant actions is
divided into the following categories:
,¡' Verbal direction
,¡' Empty hand control
,¡' Intermediate weapons lethal force
Once an officer determines that he/she must use physical force, the level of
force used will be dependent upon the officer's perception of the resistance
and danger of that resistance, and whether that resistance is placing the
officer or another in jeopardy of serious injury or death. It is important to
note that each officer's perception of the danger of the level of resistance will
be based upon his/her past training, experience, and knowledge of physical
control techniques.
.
A. VERBAL DIRECTION
The majority of situations can be resolved by good communication skills or .
verbal direction. Often, the mere presence of an officer and proper verbal
direction will be sufficient to persuade most individuals to follow an
officer's direction. In any verbal confrontationrv fear and anger must be
deffused before a suspect will be able to understand the officer's
commands; this will require good communication skills.
B. HANDCUFFS AND RESTRAINTS
The purpose of handcuffs, fiexcuffs, or transport handcuffs is to restrain
the movements of a subject in a manner that provides a safe- means of
transportation for officers. Restraints also prevent further physical
resistance from a subject. The departmental policies for the use of
restraints are as follows:
Rule 1 - All subjects taken into custody should be handcuffed behind their
back. This is to ensure the safety of the officer or other citizens.
The exceptions to this rule are:
.,/ When the subject has an injury that does not permit his/her
arms to move behind the back. When the subject's age, .
physical condition, or physical limitations may also indicate a
change in this procedure.
Rule 2 - All subjects taken into custody should be handcuffed behind their
back, and the handcuffs double-locked. The exception to this
rule is:
.,/ When the arrest environment is tactically unsafe for the officer
to double-lock the handcuffs.
Rule 3 - If a subject complains that the handcuffs are too tight, the
transporting officer is to ensure that unnecessary tightness,
which may prevent proper blood circulation, does not occur.
Rule 4 - To ensure proper safety for officers, all subjects will be
handcuffed before being searched.
Rule 5 - Except under exceptional circumstances, officers should not
handcuff a subject to fixed objects such as posts, vehicles,
buildings, etc.
.
Rule 6 - It is not uncommon for an officer to arrest a subject, place him in
· restraints, and then have the subject start to resist. If an officer
does encounter this type of resistance, the officer should utilize
control techniques to prevent injuries to the officer or injuries to
the subject. However, the control techniques should be limited
to those which would not be construed as excessive force.
C. EMPTY HAND CONTROL
Empty hand control physical contact techniques cover a number of subject
control methods. Some of these methods may be as subtle as gently
guiding a subject's movements, to more dynamic techniques such as
strikes, kicks, or neck restraints which may have a higher potential of
injury to the subject. This policy divides empty hand control into two
categories:
Soft Empty Hand Control - techniques that have minimal implications of
injury; and
Hard Empty Hand Control - techniques that have a higher probability for
subject injury.
· 1. Soft Empty Hand Control - this level ,of control is designed to
control primarily low levels of resistance, but can be used to control
any level of resistance. Empty hand cantrol techniques are
techniques that have a minimal or nonexistent possibility of injury.
Generally, these techniques are used to control passive types or
demonstrator types of resistance and defensive resistance.
However, soft empty hand control techniques can be utilized for
any level of resistance.
2. Hard Empty Hand Control - this level of control is for high levels of
defensive resistance, active aggression, or aggravated active
aggression. These techniques are applied when lower forms of
control have failed or when not applicable because the subject's
resistance level was at a perceived dangerous level. Techniques
that fall into this level of force have a probability of creating soft or
connective tissue damage, skin lacerations that require medical
attention, or bone fractures, although the use of these techniques
may create some minimal injury to himself/herself or have to utilize
higher levels of control (such as intermediate weapons) if hard
empty hand control had not been used. Techniques that are
considered as hard empty hand tactics are:
·
a. Striking Techniques - techniques that may be delivered .
with an officer's open hand, fist, forearm, leg or foot.
Preferably, the target points for these types of strikes will
be delivered to major muscle mass such as the legs, arms,
shoulder, or side of the neck. If the targets are these, the
strikes will create muscle cramping, thus inhibiting muscle
action. However, it may be necessary for the officer to
strike an area where there is a potential injury, such as the
face or a very sensitive area of the body.
Medical Considerations: Any time an officer finds it
necessary to strike a subject where an injury occurs, it is
the policy of the department that the officer shall:
./ Immediately contact the supervisor and advise the
supervisor of the nature of the injury.
./ The supervisor (or an officer in the event a
supervisor is not available) shall transport the
subject to the closest medical facility for medical
attention.
b. Neck Restraints - the neck restraint sanctioned by this .
department is' the vascular neck restraint, which is a
technique that applies arm pressure only to the sides of
the neck. The bar-arm neck restraint is a form of restraint
that applies pressure to the front of the throat, which
establishes control by choking a subject. Because of the
high implications of lethal injury, the bar-arm neck
restraint is not to be used unless the officer is justified in
the use of deadly force.
Level of Neck Restraint Control - the vascular neck
restraint allows an officer to use only that degree of force
which is necessary to control the subject. The amount of
force needed can be increased or relaxed as the situation
requires. The following are the three distinct levels of
control that can be achieved with the properly applied
vascular neck restraint.
Level I - The subject is held loosely by the neck with his/her balance
broken to the rear. The Level I neck restraint is much like a rear
headlock, which is effective in breaking up fights. When the Level I neck
restraint is used, there is no pressure applied to a subject's neck. .
. Level II - When the Level II neck restraint is applied, the subject is held
firmly about the neck with his/her balance broken to the rear. If
resistance continues, the sides of the neck are compressed until the
subject stops resisting. This level of restraint is usually sufficient to
control all but the most violent kinds of resistance.
Level III - The Level III neck restraint is applied when the resistance
continues past the Level II phase. If resistance continues, pressure is
increased until all resistive tension stops, or until the ?ubject is
unconscious. Depending on the subject's resistance and the technique
proficiency of the officer, the subject should be brought under control in
4-7 seconds. The restraint is immediately relaxed as soon as the subject
stops resisting. If the subject resists to the point of unconsciousness, he
should be gently placed on his/her back with care taken to prevent having
to apply a neck or head restraint. The subject should be immediately
placed into restraints, so as to prevent having to apply a neck restraint a
second time should the subject revive in a violent manner. This level of
restraint is particularly effective against enraged subjects who refuse to
submit and cannot be controlled by other means. It is also effective to
control subjects that are under the influence of alcohol or drugs, who may
possess tremendous strength and resistance to pain.
. MEDICAL CONSIDERATIONS:
Rule 1 - If a subject is rendered unconscious, the subject should revive in
5-20 seconds without any assistance from the officer. However,
anything around the subject's neck should be immediately
loosened to help ensure normal breathing.
Rule 2 - If a subject has been rendered unconscious and is breathing
normally, the officer will immediately handcuff the subject to
prevent applying a neck restraint a second time.
Rule 3 - In the event the subject does not revive in 20 seconds, standard
Red Cross approved methods of resuscitation should be
implemented immediately.
Rule 4 -Any time an officer finds it necessary to place a subject into
unconsciousness for purposes of control, the officer will
immediately contact a supervisor and inform the supervisor of
---- - the nature of the incident.---- ~
-
-
Rule 5 - The supervisor (or officer in the event a supervisor is not .
available) shall transport the subject to the nearest medical
facility for medical attention.
D. INTERMEDIATE WEAPON CONTROL
This level of control employs the use of department approved tools that
provide a method of controlling subjects when deadly force is not
justified, but when empty hand control techniques are not sufficient in
effecting an arrest. Whenever an officer uses an intermediate weapon for
control, it should always be with the intent to temporarily disable an
offender, and never with the intent of creating permanent injury. When
intermediate weapons are used, it is quite likely that some form of skin
irritation, bruising, soft or connective tissue damage or bone fractures
may occur.
Impact Weapon - The department approved baton is a tool that can
provide a means by which an officer can defend himself or another from
injury and means of controlling offenders when an officer is facing
resistance in the form of active aggression or aggravated active
aggression. The policies for the carrying and use of impact weapons are
as follows:
Rule 1 - No officer shall carry an impact weapon in which he/she 'has not .
had annual certified training.
Rule 2 - The impact weapon should be carried in the baton ring or in a
low profile position when the baton is not being used.
Rule 3 - At no time shall an officer unnecessarily brandish or use the
impact weapon as an intimidation device unless the officer is
attempting to prevent the further escalation of force.
Rule 4 - All strikes with an impact weapon should be delivered to the
following areas:
./' Primary Targets, Major Muscle Mass: such as the forearms,
thighs, or calves. These locations should be primary targets
because of the low implications of subject injury.
./' Impact weapon strikes to these locations normally create severe
muscle cramping which inhibits a subject's ability to continue
aggression.
-
-
./ Secondary Targets, Joints, or Bones: These targets, the elbows,
. wrists, and knees, have a high probability of creating soft or
connective tissue damage or bone fractures when struck with
an impact weapon. Deadly Force Targets, head, neck, throat,
and clavicle: Impact weapon strikes to these areas should not
be used unless the officer is justified in the use of deadly force.
These striking points have high implications of creating severe
injury in the forms of great bodily harm or death.
Rule 5 - Any time an officer finds it necessary to strike a subject with an
impact weapon for purposes of control, the officer will
immediately contact a supervisor and inform the supervisor of the
incident.
Rule 6 - The supervisor (or an officer in the event a supervisor is not
available) shall have the subject transported to the nearest
medical facility for medical attention.
Chemical Agents - The department approved chemical agent is a tool that
can provide a means by which an officer can defend himself/herself or
another from injury and a means of controlling an offender when an
officer is facing resistance in the form of active aggression. The policies
. of carrying and the use of department approved chemical agents are as
follows:
Rule 1 - No officer shall carry any chemical agent in which he/she has not
had semi-annual certified training.
Rule 2 - The chemical agent should be carried in an appropriate pouch
and never displayed or pointed at another individual in the form
of horseplay.
Rule 3 - At no time shall an officer unnecessarily brandish or use the
chemical agent as an intimidating device unless the officer is
attempting to prevent further escalation of force.
Rule 4 - Application of chemical agents against large groups of people will
be at the command of the Chief of Police or the designated
second in command.
Rule 5 - Any time chemical agents are used for controlling an offender,
the application of the chemical agent will end when the offender
discontinues resistance or aggression.
.
Rule 6 - Chemical agents are irritating to the eyes, nose and skin. Any
time an officer uses a chemical agent for the purposes of subject ·
control, the officer will ensure that the subject will receive
adequate medical attention as soon as possible.
Rule 7 - When an officer books a subject who has been exposed to
chemical agents, the officer will advise the jail personnel to
prevent the unnecessary contamination of other jail occupants or
custody personnel.
Rule 8 - Any time an officer finds it necessary to use a chemical agent for
subject control, the officer will immediately contact a supervisor
and advise him of the nature of the incident.
Rule 9 - The supervisor (or an officer in the event a supervisor is not
available) shall transport the subject to the nearest medical
facility for medical attention.
Listed below are three policies of which an officer will be required to
participate in order for the policy to be properly used:
1. An officer will receive any updates to the policy within 30 days of
the changes. ·
2. An officer will be trained in the contents of the use of force policy _
and updates annually.
3. An officer will fill out a Use of Force Report form and Use of Force
Narrative Guide for even the most minor incidents of resistance.
A copy of this form will be placed in the case file and the original will be
given to the Chief of Police for a permanent file for the officer.
·
. SECTION 304
USE. OF
FIREARMS AND
. DEADLY FORCE·
.
304: USE OF FIREARMS AND DEADL Y FORCE .
Section 304.01 Policy Of Department
The following guidelines are set forth to assist police officers in reaching the
proper decision when faced with such decisions:
A. The purpose of this order is to provide officers with a single document
explaining this departments policies and procedures related to the authorization,
discharge and carrying of firearms.
B. The primary responsibility of this department and of each of its members is to
protect the lives of the citizens we serve. It is critical that every action of this
department and of each of its members be consistent with that responsibility. It
is also the responsibility of each member of this department to honor the
established principles of democracy. These principles include a reverence for
human life, the value of human life exceeds any physical property, and the
dispensation of punishment is not part of the law enforcement task.
C. This department and each of its officers has been granted extensive powers to .
meet these responsibilities. These powers have been granted by citizens and
this department, and each of its officers are accountable to the citizens for the
manner in which those powers are exercised. This is especially true where the
power to use deadly force is concerned.
D. The laws of this state define deadly force as force which the actor uses with
the purpose of causing, or which the actor should reasonably know creates a
substantial risk of causing death or great bodily harm. Most often, deadly force
involves the use of firearms. It is the policy of this department that display and
discharge of firearms shall be held to the absolute minimum required to fulfill the
responsibilities of this department and to protect the safety of officers.
E. Therefore, this department has, of this date, enacted the following police
guidelines regarding the use of firearms and other means of deadly force. The
following guidelines must be viewed as administrative guides for decision making
before the fact and not as a standard for civil or criminal litigation judging the
propriety of actions already taken. That is a matter of established law as well as
a process of prosecutors, courts, and juries reviewing specific facts of a given
incident.
~~~ - ,-
Value of Human Life - The value of human life is immeasurable in our
society. Officers have been delegated the awesome responsibility to .
. protect life and property and apprehend criminal offenders and protection
of property must, at all times, be subservient to the protection of life. The
officer's responsibility for protecting life must also include his/her own.
"Deadly Force" Policy
Officers are equipped with firearms as a means of last resort to protect
themselves and others from immediate threat of death or serious bodily
injury. The basic responsibility of officers to protect life also requires that
they consider all other reasonable means for apprehension and control
before resorting to the use of firearms. Even though all officers must be
prepared to use their firearms when necessary, the utmost restraint must
be exercised in its use. However, no officer will be disciplined for
discharging a firearm in self-defense or in defense of another when faced
with a situation which immediately threatens life or serious bodily injury.
Just as important, no officer will be disciplined for not discharging a
firearm if that discharge might threaten the life or safety of an innocent
person, or if the discharge is not clearly warranted by the policy and rules
of the department. It is the policy of this department that the use of
firearms is never to be considered routine and is permissible only in
defense of life.
. The above policy is -the basis of the following set of rules which are
designated to guide officer.? in all cases involving the use of firearms.
Rule 1 - Police officers shall not shoot except to protect themselves or
another person from imminent death or serious bodily injury.
Rule 2 - Police officers shall not discharge their firearms when doing so
may endanger innocent persons, unless the use of deadly force
is needed to protect the life of the officer or another individual.
Rule 3 - Police officers shall not discharge their firearms to threaten or
subdue persons whose actions are destructive to property or
injurious to themselves but which do not represent an imminent
threat of death or serious bodily injury.
Rule 4 - Police officers shall not discharge their firearms to subdue an
escaping suspect who presents no immediate threat of death or
serious bodily injury.
Rule 5 - Police officers shall not discharge their weapons at a moving
vehicle unless it is absolutely necessary to do so to protect the
. life of the officer or others.
Rule 6 - Police officers shall not fire warning shots unless the officer ·
believes the warning shot may deter the actual use of deadly
fo rce.
Rule 7 - Police officers shall not draw or display their firearms unless there
is a threat or reasonable suspicion to believe there is a threat to
life.
Rule 8 - Officers are permitted to fire their weapons at any approved
target at an approved range, for practice, in a safe manner, in
any- area where firing a weapon would not be in violation of the
law.
Rule 9 - Police officers may shoot to effect the capture, or prevent the
escape of a person that the officer knows or has reasonable
grounds to believe has committed or attempted to commit a
felony with the use or the threatened use of deadly force; if the
officer reasonably believes that the person will cause death or
great bOdily harm if his/her apprehension is delayed.
Shots To Destroy Animals ·
A. For self defense
B. To prevent substantial harm to the officer or another
C. When the animal is so badly injured that humanity requires its relief from
further suffering.
A seriously wounded or injured animal may be destroyed only after
authorization from a supervisor and all reasonablè attempts have been
made to request assistance from the agency responsible for disposal of
the animal. The destruction of vicious animals should be guided by the
same rules set forth for self-defense and the defense and safety of others.
Justification Limited To Facts Known To The Officer
Justification for the use of deadly force must be limited to what reasonably
appears to be the facts known or perceived by an officer at the time. Other
facts, no matter how compelling, cannot be considered at a later date to justify a
shooti ng.
·
· Drawing Or Exhibiting Firearms
Unnecessary or prematurely drawing or exhibiting a firearm limits an officer's
alternatives in controlling a situation, creates unnecessary anxiety on the part of
citizens, and may result in an unwarranted or accidental discharge of the firearm.
An officer's decision to draw or exhibit a firearm should be based on the tactical
situation and the officer's reasonable suspicion there is substantial risk that the
situation may escalate to the point where deadly force may be justified. When
an officer has determined that the use of deadly force is not necessary, the
officer shall as soon as practicable, secure or holster the firearm.
Officer Surrendering Weapon
An officer or his/her partner may be at the mercy of an armed suspect who has
the advantage, but experience has shown that the danger to an officer is not
reduced by giving up his/her gun upon demand. Surrendering your weapon
might mean giving away your only chance for survival; therefore, an officer
should use every tactical tool at his/her disposal to avoid surrendering the
weapon.
· Section 304.02 Deadly Force Review Procedure
Psychological Services - In all cases wbere any person has been injured or killed
as a result of firearm discharge by an officer, the involved officer may be
required to undergo a debriefing with a department provided psychòlogist as
soon as possible. The purpose of the debriefing will be to allow the officer to
express his/her feelings and to deal with the moral, ethical, and/or psychological
after effects of the incident.
Administrative Leave - Any officer directly involved in a deadly force incident
shall be placed on
"Administrative Leave" directly upon completion of report of the incident. This
leave shall be without loss of payor benefits, pending the results of the
investigation. The assignment to "Administrative Leave" shall not be interpreted
to imply or indicate the officer has acted improperly. While on "Administrative
Leave," the officer shall remain available at all times for official department
interviews and statements regarding the shooting incident and shall not discuss
the incident with anyone except appropriate department psychologist, Union
Representative, the officer's private attorney, the officer's chosen clergy, and the
officer's immediate family. Upon returning to duty, the officer may be assigned
to "Administrative Duty" for a period of time as deemed appropriate by the
· officer, his/her psychologist, and the Chief of Police.
The Shooting Investigation Process - The following procedures will be used to ·
investigate every incident of firearms discharge by a department member except
for target practice, hunting, ballistic examinations, and incidents involving the
destroying of an animal.
Whenever an officer discharges his/her firearm either accidentally or officially,
he/she shall immediately:
1. Determine the physical condition of any injured person and render first aid
when appropriate;
2. Request necessary emergency medical aid;
3. Notify the communications operator of the incident and location;
4. Request a supervisor be notified immediately.
The officer will remain at the scene (unless injured) until the arrival of the
appropriate supervisor. However, if the circumstances are such that the scene
might cause a more hazardous situation to develop (violent crowd), the
supervisor at the scene shall have the discretion to instruct the officer to respond
to another, more appropriate location. The officer will protect his/her weapon ·
for examination, and submit said weapon to the appropriate investigator. The
on-duty supervisor should obtain the officer's weapon in a discreet manner and
immediately replace the officer's firearm with another firearm. The officer shall
prepare a detailed report of the incident and remain available at all times for
official interviews and statements regarding the case and shall be subject to
recall duty at any time.
Carry Firearms - It is the policy of this department that only those officers who
meet the minimum requirements for proficiency in the use of firearms, as
established by the department standards, shall be permitted to carry firearms in
the course of this department. It is the policy of this department that on-duty
officers must carry with them a service revolver or semi-automatic of a type and
manufacture specified by the department and with which they have met the
minimum standards for proficiency.
All weapons used by officers on or off duty must be inspected and approved by
the training officer. At that time, all such weapons must be registered by serial
number with the department, and two rounds of live ammunition must be
providedto the ranger officer for firing and retention by the department as
samples for ballistics identification.
·
· No officer may carry upon his/her person at any time, any firearm with which
he/she has not demonstrated minimum proficiency as established by department
standards, except while transporting it to the department range for that purpose.
With the prior knowledge and written approval of their commanding supervisors,
on-duty officers may carry a second firearm, provided that all requirements in
this section are met, and provided that'the second firearm is not carried in the
manner that is visible.
Section 304.03 Duty Weapons
The following sidearms are authorized for on-duty use:
1. Department issued sidearm
2. 9mm or larger caliber weapon upon the approval of
the Chief of POIi,ce and the firearms training officer.
Section 304.04 Off-Duty Weapons
· Officers are authorized to carry off-duty weapons at their discretion; provided
they carry proper identification, a shield of the office and comply with the
departmental policies.
A. When operating a department vehicle while off-duty, officers must carry a
properly registered firearm of a type specified by the department, and
with which they have met minimum department proficiency standards.
B. At other times, officers are permitted to carry firearms while off duty, with
the following exceptions:
1. It is the policy of this department that off-duty officers should not carry
firearms at social events and other circumstances in which they anticipate
consuming alcoholic beverages.
2. It is the policy of this department to carry all off- duty weapons in the
most concealable manner possible. Officers will not necessarily expose
their off-duty firearm which may compromise their identity or alarm a
citizen.
· C. In no case will an officer who chooses not to carry a firearm while off-duty
should refrain from taking forcible police action except in circumstances
which seriously threaten life, property or public order. It is the policy of .
this department that the most appropriate police action to be taken by
off-duty officers in less serious situations or in situations in which forcible
police action itself may increase risk to the lives and safety of officers or
other innocent persons is, to request the assistance of an on-duty officer
at the first opportunity. Before taking any action while off-duty, officers
should carefully consider the risks to themselves and to the others that
may be caused by sudden confrontation with armed criminals or suspects.
If it is feasible, the off-duty officer should identify himself/herself as a law
enforcement officer before taking any action.
Officers are permitted to carry any off duty weapon for off-duty use, on
the approval of the Chief of Police and the firearms training officer.
Section 304.05 Tactical Weapons
The department provides the following tactical weapons for the use by its
officers:
1. Shotguns
2. Centerfire rifles .
3. .22 Cal rifles
4. Select fire weapons/submachine gun if need be, additional
equipment may be provided by individual officers with the prior
approval of the Chief of Police and the department's firearms
training officer.
Section 304.06 Firearms Modification
No firearm will be altered or modified internally without the approval of the Chief
of Police and the department's firearms training officer. Such modifications will
be limited to the replacement of broken or worn parts and other work done to
improve the reliability of the weapon. All work will be done by a competent
gunsmith.
e
· Section 304.07 Ammunition
All ammunition carried, other than for training purposes, will be factory
ammunition, approved and issued by the department. Such ammunition will be
replaced at intervals not to exceed three (3) years.
Section 304.08 Weapons Training And Qualification
The firearms training officer is responsible for coordinating the firearms training
program for all weapons used within the department, and announcing in advance
when training sessions are to occur.
All officers shall qualify twice a year with their sidearms, secondary weapons,
and off-duty weapons by achieving a satisfactory score over an approved course
of fire established by the firearms training officer.
Officers using tactical weapons must qualify twice a year with each type of
weapon used. To qualify, an officer must achieve a satisfactory score over an
approved course of fire established by the firearms training officer. An
unsatisfactory score will result in an unqualified status. Officers who do 'not
· qualify will shoot additional courses until they qualify. Assistance or additional
training will be provided by the firearms training officer. If after additional
training the officer is unable to qualify, the matter will be turned over to the.
Chief of Police for review and administrative action.
304.09 Legal Disclaimer
This directive is for departmental use only, and does not apply in any criminal or
civil proceedings. The departmental policy should not be construed as a creation
of higher legal standard of safety or care in evidentiary sense with' respect to
third party claims. Violations of this directive will only form the basis for criminal
or civil sanctions in a recognized judicial setting.
·
SECTION 400 ·
POLICE
PURSUIT
·
PROCEDURES
·
· 400: POLICE PURSUIT PROCEDURES AND
EMERGENCY OPERATION OF POLICE VEHICLES
Section 400.01 Purpose
It is the primary mission of the St. Joseph Police Department to protect lives
while enforcing the law. In addition, it is the responsibility of the St. Joseph
Police Department to guide its offices in the safe and reasonable performance of
their duties. To accomplish these goals, the following policy is provided to
control and regulate the manner in which emergency vehicle operations are
undertaken and performed. When engaged in emergency vehicle operations in
the performance' of official duties, drivers of authorized emergency vehicles are
granted exemptions, by statute, from certain traffic laws. These exemptions are
provided to help protect lives, not to place them at undue risk.
Section 400.02 Definitions
A. Pursuit: A multi-stage process by which a police officer initiates a
· vehicular stop and a driver resists the signal or order to stop,
increases speed, takes evasive action and/or refuses to stop the'
vehicle. Once the driver refuses to obey the police officer's signal
or order, this pursuit policy and procedure will determine the
officer's and department's action,
B. Termination of Pursuit: A pursuit shall terminate when the primary
officer turns off the emergency equipment, resumes routine vehicle
operation and informs dispatch, or when the suspect's vehicle
stops.
C. Divided Highway: Any highway which has been separated into two
or more roadways by:
1. A physical barrier, or
2. A clearly indicated dividing section so constructed as to
impede vehicular traffic.
D. Channeling: To direct vehicular traffic into a progressively
narrowing passageway or lane location on the roadway.
·
Section 400.03 Pursuit Considerations ·
A. Pursuit is justified:
1. When a vehicle operator fails to stop after being given a
visual or audible signal to stop by a peace officer
2. When there is reasonable expectation of a successful apprehension of the
suspect.
B. Other factors to be considered:
1. The initial decision to engage in a pursuit shall lie with the
officer who has initiated the vehicular sto p, after
considering the elements of this policy.
2. These elements shall include, but are not limited to, the
crime for which the suspect is wanted (the need to
apprehend immediately) and the risk to the community
created by the pursuit ( traffic, area of pursuit,
environmental factors, and weather conditions).
3. The officer must continually consider the risks created by the pursuit, as ·
those Risks may change during a pursuit.
4. Terminating a pursuit shall be considered a decision made in the interest
of public safety.
5. The officers decision to continue a pursuit may be over ridden by a
supervisor at any time.
C. Standards applied to the evaluation of a pursuit, as well as the decision to
continue a Pursuit shall include the following:
1. Is the need to immediately apprehend the suspect more
important than the risk Created by the pursuit?
2. Do the dangers created by the pursuit exceed the danger
posed by allowing the perpetrator to escape?
·
· Section 400.04 Procedures and Tactics for an Officer
Engaging in a Pursuit.
A. Emergency vehicles shall be driven in a safe manner and with due regard
for public Safety.
B. Emergency vehicles operating in emergency mode are permitted to violate
certain traffic regulations when necessary as long as the operator
continues to exercise due care in vehicle operation.
C. The vehicles shall be known as the primary unit, which will be the unit
closest to the fleeing vehicle and the secondary unit, which shall remain at
a safe distance behind the primary unit but close enough to provide
support and communicate with dispatch. Backup units as needed shall
operate a safe distance to provide support.
Section 400.05 Responsibilities of the Primary Unit
A. The driver of the primary unit shall notify dispatch of the pursuit and shall
provide at least the following information to dispatch:
· 1. Unit identification.
2. Offense fer which the suspect is being pursued.
3. Suspect vehicle description, including license number if reasonably
possible.
4. Location, direction, and speed of both vehicles.
5. Description of occupant(s) and if. suspect is known to officer.
6. Any other information about the suspect vehicle or environment
(for example: Suspect is traveling without lights; officer loses sight
of vehicle, etc).
B. Based on the known information, the supervisor shall make the decision
~, to either take further appropriate action or terminate the pursuit.
C. Officers shall only make vehicle to vehicle contact where the seriousness
of the offense-'or impending danger to the public by the vehicles progress
outweigh the risks to the officer, the subject and others. Deliberately
· striking another vehicle may be considered deadly force in some
circumstances.
D. Only police vehicle with emergency lights and siren will be used as pursuit ·
vehicles.
Section 400.06 Roadblocks
A. Roadblocks shall only be used where the seriousness of the offense or
impeding danger to the public outweighs the risks of injury to the officers,
subject or others, and damages to police vehicles possible in a roadblock.
Roadblocks may be considered an application of deadly force under some
circumstances.
B. Tactical Considerations
1. Roadblocks shall be set up to allow the subject sufficient time and
space to. stop their vehicle safely. Roadblocks shall not be set
where the requirement is not met.
2. Since roadblocks are used only under restricted circumstances, they
should be set to' prevent any travel by the subject beyond the
roadblock. Giving the subject an escape route undermines the ·
intention and effectiveness of the roadblock.
3. Officers should try to use natural terrain and other features such as
bridges, rivers, steep ditches and guardrails in setting a roadblock
with police vehicles.
4. Roadblocks areas shall be lit by the police vehicle's red lights,
headlights and spotlights if available.
5. All pursuing officers shall be advised of the roadblock location.
6. Roadblocks shall be set to avoid concentrations of vehicular and
pedestrian traffic.
7. Roadblocks should be set when there are enough police vehicles to
contain the roadblock area.
·
· Section 400.07 Tire Disablers
A. Policy
1. The tire-deflating device may be used to assist in
concluding pursuits . Officers should use the device
to stop a pursuit, which is creating unnecessary risks,
or stop a dangerous felon. Care should be, given in
determining when and where to place the device.
2. Officer's shall be trained in the use of the tire
disabler. This training will cover the training and use
of the device.
B. Procedure
Tire disabling device shall be installed in the patrol cars. Issues to be
considered in utilizing the devices are:
1. Road conditions(leading to and after the deployment(side).
2. Traffic conditions
· 3. Ability to communicate with other agencies.
4. Possibility of apprehension at a later date
5. Consideration that the need is offset by the person
continuing to flee.
6. Ability of the officer to obtain protective shelter from the
violator.
Officers do not need supervisory permission prior to implementation. IN
NO CIRCUMSTANCES WILL THE DEVICE BE USED TO DISABLE
MOTORCYCLES.
C. Placement
1. The device should be placed on the opposite side of the
appropriate roadway, with the towrope across the roadway.
2. All agencies involved in the pursuit shall be advised on MINCEF that
· the device be in place. Officers shall continue the pursuit to a point
where they can safely avoid striking the device and stop other ·
traffic.
3. As the vehicle approaches, the disabling device should be pulled
onto the roadway directly into the vehicle path. The tire disabling
device may be tossed into the vehicles path of time does not allow
placement and use of the towrope. Officers are NOT to hold the
towrope.
4. The device shall be removed from the road immediately after the
suspect vehicle passes the site.
D. Review
After utilizing the device, the officer must submit a report containing the
following information to the Chief:
1. Reason for use
2. Location
3. Method of deployment ·
4. Length of pursuit
5. Estimated speed of the violator
6. Distance from the device to the termination of the pursuit.
After use, the device should be examined for damage. The Chief shall be
notified of any required repairs.
Section 400.08 Supervisor's Responsibilities
A. The supervisor when available shall have control over the activities of the
pursuit.
B. Once notified that a unit had become involved in a pursuit, the supervisor
when available shall acknowledge his/her presence immediately, monitor
the pursuit activities and provide the driver of the primary unit with
appropriate direction.
·
. C. The supervisor when available shall request critical information necessary
to evaluate the continuation of the pursuit.
D. The supervisor when available has the authority to terminate any pursuit.
E. Options for the supervisor to keep in mind include¡- but are not limited to
the Following:
1. In cases involving wrong-way drivers¡ parallel pursuits may bu used.
2. Notification of the next jurisdiction is encouraged.
3. Channeling techniques or roadblocks may be used.
4. Creating a compelling path.
F. Post-pursuit chain of command notifications are required.
Section 400.09 Dispatch Responsibilities
. Dispatch shall coordinate critical information¡ both as timely and accurately as
possible.
Section 400.10 Factors Influencing the Termination of a
Pursuit.
A. The driver of the primary unit and the supervisor shall continually
evaluate the risks and likelihood of a successful apprehension of
the suspect.
B. The conditions of the pursuit become too risky for the safe
continuation of the pursuit i.e.¡ it is futile to continue.
C. A supervisor orders it terminated.
-- ._~- D. I(jnformation is communicated that indicates the pursuit is out of
compliance with Policy.
E. When normal communication is broken.
. F. When visual contact is lost for a reasonable period of time of the
direction of travel cannot be determined.
G. When the suspect is known and could be apprehended later, and to .
delay apprehension does not create a substantial known risk of
injury or death to,another.
Section 400.11 Interjurisdictional Pursuit
A. The primary unit, before leaving it's jurisdiction, shall update critical
information to the dispatcher.
B. The primary police vehicle shall remain the primary vehicle in the other
jurisdiction.
e. Upon receiving notification that the pursuit is entering another agency's
jurisdiction, the dispatcher shall forward all critical information possessed
by the dispatcher to that agency.
D. When a pursuit enters this department's jurisdiction:
1. The dispatcher shall update the critical information to the
shift supervisor. .
2. The supervisor shall determine if the pursuit is in
conformance with policy.
3. The supervisor shall provide the appropriate direction to
units.
Section 400.12 Air Support
Once the contact is made with air support and air support has the suspect
vehicle in sight, the primary pursuit unit shall reduce the level of pursuit to that
of support or other backup unit.
Section 400.13 Care and Consideration of Victims
A. If during a pursuit an officer observes or is made aware of any injury to
an individual, the officer shall immediately notify the peace officer's
dispatcher to have the appropriate emergency units respond.
.
. B. The primary pursuit unit will be responsible for ensuring that assistance is
provided to people who may have been injured during the course of the
pursuit. The primary pursuit unit may delegate the responsibility to
render the assistance to specific support or backup unit when they are
immediately available to render assistance.
Section 400.14 Pursuit Summary Report
A. The primary officer and the supervisor shall file a pursuit summary report.
B. To ensure compliancé with MN Statute 626.5531, the chief law
enforcement officer shall insure the completion of the state pursuit report
form and forward it to the Commissioner of Public Safety within 30 days
following the incident.
.
.
SECTION 401 ·
OPERATION OF
PATROL
VEHICLES ·
WITHOUT
HEADLIGHTS &
TAILLIGHTS
·
. 401. OPERATION OF PATROL VEHICLES WITHOUT
HEADLIGHTS &. TAILLIGHTS
Section 401.01 Purpose
To provide a uniform guideline for all department personnel to use when
operating a department vehicle without headlights or taillights while functioning
as a peace officer for the St. Joseph Police Department.
Section 401.02 Definitions
For the purpose of this policy, the following definitions apply:
Vehicle: A motor vehicle or watercraft owned leased or otherwise the
property of the State of Minnesota or a political subdivision.
Lights: Refers to headlights, taillights, and navigational lighting as
referenced in MN State Statute 84.87, 84.928, 169.48,and 361.15.
Section 401.03 Procedure:
. A (peace officer) may NOT operate a vehicle without lights:
1. On an interstate highway.
2. At speeds greater than what is reasonable and prudent under
existing weather conditions, road and traffic conditions.
3. Faster than the posted speed limit.
4. In situations where the peace officer is an active participant in the
pursuit of a motor vehicle in violation of MN State Statute 609-487.
5. Contrary to the elements of MN State Statute 169-541.
Section 401.04 Responsibility
It shall be the responsibility of every employee to be thoroughly familiar with and
follow exactly the procedure outlined and statutes referenced in the policy at any
time while employed as a (peace officer) for the St. Joseph Police Department.
.
SECTION 402 ·
MOBILE
COMPUTER
TERMINAL ·
-~
·
· 402. MOBILE COMPUTER TERMINAL
Section 402.01 Purpose
The purpose of this policy is to establish policy and procedures for the
professional use of Mobile Computer Terminals (MeT) in the St. Joseph Police
Department.
Section 402.02 Procedure
The Mobile Computer Terminal (MeT) is an innovative use of current technology.
The foundation of the project uses laptop computers installed in patrol vehicles
that allow officers to run routine database queries (e.g. vehicle registration,
drivers license checks, prior calls etc.) and receive information from the
communications center. These queries bypass the standard voice radio dialogue.
The MeT does not replace standard radio diàlogue; it simply gives the officer
another avenue to receive information and to run database queries. The
department has selected MeT's as an alternative to standard voice radio dialogue
· to accomplish several objectives, including:
1. Increase officer safety through the timely exchange of critical
information.
2. Reduce saturation of airtime during peak hours.
3. Provide for more effective resource allocation.
4. Enhance the level and quality of access to Law Enforcement
information.
5. Provide a cost-effective alternative to expansion of current
practices.
6. Provide rapid response and operational resources during any
emergency.
Section 402.03 OPERATING PROCEDURES
· Equipment installed in vehicles is the responsibility of the officer assigned to that
vehicle and will be maintained according to the training received. Any material
given to an officer regarding the use of the MeT is to be maintained by the
. officer.
Many of the following requirements are caused by the MeT system access to
State and Federal information systems and files.
Section 402.04 HARDWARE
Only department issued computers are authorized to be connected to the MeT
network.
Section 402.05 SOFTWARE
Officers will adhere strictly to the Departments software policy. The System
Support personnel and supervisory personnel will check computers randomly to
ensure officers comply with software policy. Any violations of policy will be
reported to the appropriate supervisor.
Only software/hardware purchased by the department or software approved by
. System Support personnel will be allowed on any department computers.
No downloading will be performed on the laptops by persons other than System
Support.
Section 402.06 DEFINITION: System Support Personnel
Personnel assigned by the St. Joseph Police Department or the Steams County
Information Service office to maintain the MeT network.
SEARCH OF DEPARTMENT PROPERTY; NO EXCEPTION OF PRIVACY.
Employees shall not have an expectation of privacy when using department
computers. They are subject to search at any time deemed necessary by the
Chief, Sergeant, or their designee.
System Support personnel are responsible for initial inventorying all MeT related
equipment in departmental vehicles. System Support personnel or supervisory
personnel shall perform periodic inventories as necessary. The Chief or Sergeant
will determine inventory personnel.
.
Section 402.07 COMPUTER SOFTWARE POLICY .
Only authorized software shall be installed or used on department hardware,
modification of any existing software will be restricted to System Support
Personnel.
Software piracy is the illegal copying and/or use of copyrighted software
programs.
The federal copyright law prohibits any part of a copyrighted publication
(software programs included) from being reproduced, transmitted, transcribed,
stored in any retrieval system, or translated into any language by and means
without written permission of the author. Persons violating the copyright laws
are subject to criminal, as well as civil prosecution, and departmental discipline.
Personnel shall not operate in violation of the law. Personnel shall not copy,
possess, or use illegally copied (pirated) software ill any department facility or on
any department owned computer equipment.
Section 402.08 ELECTRONIC MESSAGING SYSTEMS
The MCT network system shall not be used for any purpose that suggests any of .
the following:
1. Discrimination on the basis of age; sex; marital status; race; creed;
color; national origin; sensory; mental or physical handicap; or
sexual preference.
2. Sexual Harassment.
3. Copyright infringement.
4. An employee's personnel political beliefs or personal business
interests.
5. Any unlawful activity.
Personnel shall use department MCT system only for official business.
Supervisory personnel may access data'usually under an individual employee's
control when necessary to carry out normal business functions.
.
. All personnel should be aware that all messaging on the MCT is recorded and is
periodically reviewed by System Support personnel, Chief and Sergeant. Further
it is also accessible to the media and general public on demand.
A guide for what is appropriate correspondence on the MCT:
If it is not appropriate to say on the radio do not transmit it on the
MeT.
Section 402.09 CARE AND USE OF MCT EQUIPMENT
All personnel having or using any equipment belonging to the department shall
be charged for its proper care and handling. Department equipment shall not be
used for other than assigned purposes without prior permission of the
appropriate supervisor.
1. Due to the sensitivity of the laptop computers to moisture, rain,
snow, or containers of liquid should not be in the vicinity of the
laptop tray or the laptop.
2. Do not place anything heavy on the computer.
. 3. Keep the computer at least 5 inches away from any electrical
appliance that generates a strong magnetic field.
4. Do not scratch, twist, hot or press the surface of the LCD (screen).
5. Do not disassemble the computer.
6. When transporting laptop computer outside of the vehicle, make
sure the cover is closed and latched.
Section 402.10 LOSS, DAMAGE, OR MALFUNCTION OF
MCT EQUIPMENT
The loss, damage or malfunction of MCT related equipment should be reported
to the employee's supervisor. Attached should be a report of what the
equipment failure is.
System Support shall be notified along with the appropriate supervisor. System
. Support contact person:
Brenda Opatz .
(Monday-Friday 8am-4pm)
After hours dispatch center to contact System Support if needed.
In the event you shut down your individual MCT because of a malfunction, you
shall notify dispatch and go to regular voice radio communications.
Unauthorized personnel shall not repair, adjust, modify, disable or interrupt the
operation of any MCT equipment.
MCT equipped if removed for a malfunction may be replaced with any MCT
available.
Section 402.11 ENVIROMENTAL OPERATING
PARAMETERS FOR MCT - Temperature
.,/ Operating 410 F to 1040 F
.,/ Non-Operating 00 F to 1410 F
Lids on MCT's should be kept closed until the operating temperature listed above
is reached. .
Humidity Parameters.
1. Operating humidity ranges are between 8% to 80% (non-
condensing). This is one reason why it is important to remove
computers from the vehicle during the cold winter nights when the
patrol vehicle is not being used. Computers left outside in the
vehicle for long periods of time during cold winter days and nights
could collect condensation inside after the vehicle was warmed.
2. If the computer has become very cold, please allow a full hour for
the computer to warm up inside the police station, or a running
patrol unit before lifting the lid or turning it on. THE COMPUTER
SHALL BE REMOVED FROM ALL PATROL UNIT'S SITTING OUT
SIDE WHEN NOT IN USE.
3. Do not leave the computer running inside a closed vehicle on a
warm sunny day. Running the computer ill temperatures over 95
degrees will cause damage to the unit. Simply close the lid on the
laptop computer.
.
. Section 402.12 GENERAL PROCEDURE FOR DISPATCH
OF CALLS
Most routine calls will be dispatched by Steams County dispatch along with radio
confirmation you received the call.
Officers may create their own call. If Steams dispatches the call they will be the
one to clear the call generated. Officers creating their own call will be
responsible for clearing the call.
All officers reporting for duty will sign on with the MeT in the patrol unit and
notify Steams County dispatch via radio of in service for the shift.
When shift is complete each MeT operated by officers shall be shut down and
dispatch notified via radio of shift ending.
At no time is the computer to be used to advise officers of location (traffic stop,
person contact, building check, etc) without confirming the information with units
on the radio.
When operating a vehicle, the safe operation of the vehicle is the officer's
. primary responsibility. Use of the MCT is always on secondary importance.
When the vehicle is moving, officers shall limit use of the MDT to the following:
1. Single keystroke operations, e.g. arriving button, in service button
etc.
2. Vehicle registration/stolen - only when traffic conditions are
favorable
.
SECTION 403 ·
OPERATING
RADAR AND
·
PARKING THE
SQUAD
·
. 403: Operating Radar And Parking The Squad
Section 403.01 Purpose
The purpose of this statement is to provide for the safe parking of the squad car
during times when radar is being operated and the squad car is parked on or
about a roadway for the purpose of observing traffic.
Section 403.02 Calibration
The radar unit shall be calibrated at the start and conclusion of each duty shift,
and after each traffic stop where a speeding citation is issued. The calibration
shall be documented in a radar log as performed. If improper calibration is
received after issuance of a citation, the citation shall be voided.
Section 403.03 Parking Of Vehicle
When the squad car is parked for the purpose of running radar in a stationary
. mode or to observe traffic, the following rules shall be followed:
A. The squad car shall Dot be parked, on the main travel portion of the
roadway.
B. Squad cars parked on shoulders, near or adjacent to a street or roadway
shall be parked in a manner so as not to obstruct the regular flow of
traffic or pose a danger to vehicular or pedestrian traffic.
C. The squad car may be parked in the median crossover area of a divided
highway only if clearly visible to other vehicles immediately approaching
the area and if the location of the squad still leaves unobstructed at least
12 feet of the travel portion of the crossover area.
- '-~-
.
SECTION 500 ·
ALARM
PROCEDURES
·
·
· 500: ALARM PROCEDURE
Section 500.04 Purpose
The purpose of this order is to establish procedures for responding to alarms at
financial institutions and commercial establishments within the city.
Section 500.02 General Rules
A. Every alarm response should be treated as an actual alarm.
Officers should not become complacent because of any particular
alarm's frequent malfunction or human error.
S. In responding to alarms, officers will drive safely and prudently.
Emergency warning lights and siren should be activated as needed.
C. The Chief of Police should be called to the scene of an alarm in
which a hold-up or illegal entry has been determined.
· D. Containment of the scene is usually the only immediate action
needed by the first officers responding to the alarm. A well-
planned course of action should be employed. Time is often the
officer's greatest ally.
E. All officers and supervisors should familiarize themselves with
special equipment that could be used and its operation.
F. In responding to an alarm, the officer will proceed to the front of
the establishment and take a position that will best allow
observation and safety. This usually is not directly in front of the
front door. The squad car should be positioned to allow the most
protection for the officer as possible.
G. Back-up units shall be called and advised to cover the rear of the
establishment, also positioning the vehicle for maximum officer
protection.
·
Section 500.03 Procedures ·
A. During normal business hours (hold-up alarm)
1. Dispatch the nearest squad to the scene to cover the front.
Back-up shall be called to cover the rear.
2. Once the squads are in position, the dispatcher will call the
business or establishment and ask the person in charge to
meet the officers at the squad's position outside. (If this
alarm is a bank alarm the proper protocol will be used.)
3. If step 2 cannot be completed by having the person in charge meet
the officers outside, the situation will be handled as a hold-up in
progress. The Chief of Police will be notified and directed to the
scene.
4. The Chief of Police or officer in charge should then review the
situation and make a determination as to the next course of action
and/or need for additional personnel and equipment. All officers
assigned should remain alert and cautious until the situation has
been resolved. ·
B. After' normal business hours (burglar alarm)
1. Dispatch the squad to the scene.
2. Officers will used caution and survey the establishment for
signs of illegal entry or cause of the alarm being activated.
3. In the event an entry is detected, officers should contain the scene. Back-
up should be requested.
4. At the direction of the officers at the scene, the dispatcher will notify the
person on the Emergency Information Card of the alarm and request their
presence at the scene.
·
. SECTION 501
PROPERTY
DISPOSAL
.
.
501: PROPERTY DISPOSAL ·
Section 501.01 Receipt Of Lost Or Stolen Property
All lost or stolen property received or recovered by the St. Joseph Police
Department shall be held in the department evidence locker or in the Police
Department Storage Room until claimed or sold as otherwise provided herein).
Upon receipt of lost or stolen property, the officer receiving the property shall
record by ICR number the item and log and file a Property/Evidence tag with
respect to the property.
Section 501.02 Unclaimed And Abandoned Property
If the property remains unclaimed in the possession of the City for a period of
one year, the property shall be sold to the highest bidder at a public auction.
Such auction shall be held after published notice in the local newspaper for two
consecutive weeks.
A notice shall set forth the time and place of the auction and describe the ·
property to be sold. If the former owner of the property which has been sold at
a public sale appears _and proves ownership of the property within six months of
the sale, the City shall deliver the sale price of the item(s) to him/her. If no
claim is made within six months of the sale, the claim is deemed waived.
Property which is determined to have no value or marginal value and which
remains unclaimed after one year shall be disposed of as trash or junk.
·
· SECTION 502
REQUEST FOR
EXAMINATION
· OF DRIVER··
--=-
'- - --",.
·
502: REQUEST FOR EXAMINATIOIN OF DRIVER .
Section 502.01 General Rules
For many years, the Drivers License Section, Department of Public Safety has
tested drivers or required drivers to submit to a physical examination when a
police officer has informed the section of a driver's physical or mental problem.
The Drivers License Section furnishes each police department with referral forms
and whenever an officer feels justified, he may fill out a form and mail it to the
address which is noted on same.
Usually the most common ailments which are noticed are such things as palsy,
blackout spells at accidents, partial paralysis, hearing problems, and great
difficulty in moving limbs. However, officers should be observant for any
physical or mental defect which might impair driving ability. It should be kept in
mind that age alone will not be an acceptable reason for referral unless a person
appears to be very senile.
Section 502.02 Procedure
Each time an officer makes a referral, he will receive a reply by the mail from the .
Drivers License Section stating what action was taken Qr why no action was
taken.
The report made by an officer is confidential but remember that the driver who is
referred can easily deduce who reported him/her and you may have to answer
his/her questions if he/she wants to know why you referred him/her. For this
reason, do not refer a driver unless you have reasonable grounds for doing so.
Make sure the criterion set forth for physically and mentally unsafe drivers is
met. Do not submit a referral card out of spite or solely because of age Driving
is a privilege and not a right but be sure that the loss of that privilege by some
person is not based on an improper or unfounded referral by an officer.
.
e SECTION 503
ACCIDENT
INVESTIGATION
.
.
503: ACCIDENT INVESTIGATION .
Section 503.01 Purpose
The purpose of this procedure is to provide an officer responding to complaint of
a motor vehicle accident with guidelines in handling the investigation of the
accident where circumstances exist which would reasonably warrant an officer
action in a manner different than stated herein. The officer, in his/her discretion,
may do so.
Section 503.02 Receipt Of Complaint
Upon notification of an accident within the city limits of the City of St. Joseph,
the officer shall immediately respond. If upon notification, the officer is already
responding to an official police call which also requires his/her immediate
attention, he/she should take steps to assure that a backup is available to
respond to the accident, and then personally respond as soon as he/she is able.
Section 503.03 Initial Action Upon Arrival .
Upon arriving at the scene of an accident, an officer should ~nitially act in the
interests of the general population and those involved in the accident with first
consideration. Therefore, it is recommended that the officer respond in the
following manner with priority as established herein:
A. The officer should park his/her squad car in a position so as not to
create further hazard but to provide warning to oncoming traffic by
the use of the squad's overhead rotating red flashers.
B. The officer should immediately radio for an ambulance and/or
rescue squad assistance if it appears as though there are serious
injuries and radio for backup assistance if necessary.
C. The officer should check the immediate area for other serious
hazards, such as downed power lines, leaking gasoline, etc. and
should take steps to abate those hazards or protect the public from
the hazard. ---'~ -= ~:o-~
D. The officer should attempt to identify the drivers.
.
. E. The officer should attend to any person injured in the accident and
administer all necessary first aid. If injuries are minor in nature
and immediate medical attention is not required, the officer may
delay the administration of first aid while other necessary actions
are taken.
F. The officer should call for wreckers for the removal of undriveable
motor vehicles.
Section 503.04 Investigation Of The Accident
Upon completion of those activities required upon the officer's arrival at the
scene, an officer shall proceed with the investigation of the accident, giving
special attention to the following:
A. The officer shall interview the drivers Qf the vehicles at the scene, unless
the drivers require immediate medical attention. In that case, efforts
should be made to interview the drivers at the hospital or their home as
soon as they are available for interview.
. B. The officer should attempt to interview all witnesses, subject to the same
restrictions for injured witnesses as noted above with respect to drivers. '
If the officer does not have time to interview all witnesses, he/she should,
at the very least, secure the name, address, and phone number of all
witnesses to the accident so they can be interviewed at a later time.
C. Chalk or otherwise mark all vehicle locations and photograph vehicles,
prior to the vehicles being moved by a wrecker.
D. Gather other evidence and perform other investigation, including
gathering of any physical evidence, and making all measurements relative
to the accident investigation.
E. Clear all other highway or sidewalk obstructions caused by tile accident.
Section 503.05 Evidence Of Alcohol Use
If an officer investigating an accident has reason to believe that any driver
involved in the accident was uDder the influence of alcohol at the time, of tbe Jo/' .,
accident, the officer shall invoke the implied consent and proceed pursuant to
. DWI procedure as established in this manual. If the driver is transported to the
hospital for medical attention, the officer should proceed to the hospital upon
completing investigation at the scene and upon arrival at the hospital shall .
request the driver to submit to a blood test or if the driver is unconscious and
unable to consent to chemical testing¡ the officer shall direct the medical
personnel to draw a sample of blood for tests. In all cases where an accident
results in a fatality or a possible fatality, the officer should invoke the implied
consent and request an alcohol test from any driver who was suspected of
driving prior to or at the time of the accident.
Section 503.06 Investigation
Upon completion of the investigation steps noted above, the officer shall proceed
with the following:
A. Complete the Accident Report Form, including a diagram of the accident
scene where appropriate. The officer should also prepare an initial
Complaint Report with respect to the accident.
B. The officer should complete the interview of any witnesses to the accident
who were not interviewed on the scene.
C. The officer should see that all photographs are immediately developed .
and placed with the accident report. Negatives of the p~otographs should
also be retained by the officer.
D. The officer should make further inquiry with respect to the status of any
injured person involved in the accident. In the event of death¡ the officer
should submit the accident investigation to the Chief of Police and a
decision will be made as to whether or not the investigation will be
referred to the County Attorney's office for criminal charges.
Section 503.07 Release Of Accident Reports
Accident reports should be released only upon proper authorization from a driver
involved in the accident or a passenger present in one of the vehicles involved in
the accident. A copy of that authorization should be retained with the accident
investigation file. Original photographs and negatives should not be released by
the department. If photographs or negatives are requested with an
authorization, copies should be provided to the party making the request and the
party making the request should be billed for all expenses incurred for preparing
copies of the photographs and/or negatives. .
.
. SECTION 600
SCHOOL BUS
INDICENT
. RESPONSE
PROCEDURE
.
600: School Bus Incident Response Policy .
A. Introduction
Responding to reports of criminal conduct on school buses is the responsibility of
law enforcement officials. Officers shall respond to criminal incidents occurring
on school buses reported to this agency. Officers shall understand the applicable
laws pertaining to the criminal incidents occurring on school buses. (MSS 160-
452, 169-4581, 169- 4582)
B. General Procedures
1. If, during the initial incident report to this agency, the
location of the incident can be determined to have
occurred outside the City of St. Joseph, the reporter should
be referred to the appropriate agency and the officer
should also notify the appropriate agency of the report.
2. If the incident report is received and no immediate officer
response to the scene is required, the officer shall conduct
a follow up investigation into the incident.
4. If the incident requires an officer respond personally to the; school bus or .
other associated scene, the immediate concern shall be to intervene and
- prevent the incident from occurring or continuing. The protection of
property shall be secondary to the protection of persons involved. Medical
assistance should be called for as is necessary.
5. An initial investigation into the incident shall be conducted to determine
where the bus was at the time the incident began and who the proper
investigating agency should be.
6. If the incident occurred in the City of St. Joseph, officers shall conduct a
criminal investigation of the incident. If the incident occurred outside the
City of St. Joseph, it should be referred to the appropriate agency for
further investigation.
7. Officers shall maintain control of the scene until a peace officer of the
authorized agency has arrived and is in control of the scene.
8. Officers are encouraged to assist the other agencies peace officer in
completing the investigation if they are requested to do so.
e
. 9. Upon completion of the investigation the officer shall forward copies of
the investigation to the proper prosecuting authority.
.
.
"I
i
, , I
SECTION·601
-, , l
, ,I
I
, I
I
NOISE I
I
, I
I
COMPLAINT I
.' PROCEDURE ' ¡
, - I
I
ì
I
I
,
r-
I
I
.
601: NOISE ENFORCEMENT PROCEDURE. .
Section 601.01 Purpose
The purpose of this policy is to establish enforcement procedures for the
effective abatement' of, noise under the authority of the St. Joseph Noise
Ordinance.
Section 601.02 Procedure
All complaints of noise should be investigated by the officer on duty at the time
the complaint is received, or as soon thereafter as the officer can respond; Upon
arrival at the scene from which the complaint arose, the officer shall first make
an independent determination as to whether or not a violation of the noise
ordinance is occurring at the tim~ of arrival. Noise that is heard off the premises
is considered to be a violation.
A. If the officer does not feel there ¡sa violation occurring upon
his/her arrival, he/she at their discretion shall advise the parties
against whom the complaint was made of the fact of the complaint,
and warn them to take steps to control the noise. An Initial .
Complaint Report shall be prepared by the officer.
-
B~ If the officer, upon arrival, determines that the violation is
occurring, the officer may pursue either of the following two
courses of action:
1. The officer may issue the parties against whom the
complaint was made a warning asking them to abate the
noise. One warning is recommended where the violation
does not appear to be intentional, flagrant, or of a peculiar
magnitude. .
2. Where the violation is of a significant magnitude, or where
it appears as though the noise had been caused
intentionally for the purpose of disturbing the peace and
repose of others, or where the violation is a type which has
occurred at the premises on a regular or recurring basis,
the officer shall issue a citation to any persons observed
creating the noise, and/or theperson(s) in legal control of
the premises. The party and or gathering will be disbursed
before officers leave the scene. An Initial Complaint .
. Report shall be prepared by the officer and turned over to
the City Administrator for Council action.
Section 601.03 Follow-up
When any noise violation complaint is received, the officer shall return to the
scene of the violation approximately 30 minutes after the initial-investigation of
the complaint for the purpose of determining whether or not the noise has been
abated.
This return to the scene shall be documented on the ICR report prepared by the
officer. If the officer finds that the noise violation is continuing upon _ his/her
reinvestigation, the officer(s) is (are) recommended to issue a citation to any
person(s) observed creating the noise and/or person(s) in legal control of the
premises.
.
.
SECTION 602 ·
ENFORCEMENT
OF PARKING
LAWS ·
·
· 602: ENFORCEMENT OF PARKING LAWS
Section 602.01 Obstruction Of Traffic
Any motor vehicle parked in such a manner so that it would obstruct traffic may
be issued a parking ticket and may be towed if the obstruction creates a safety
hazard to other motorists, or impedes a free flow of traffic.
Section 602.02 Obstruction Private Driveways
Motor vehicles parked in a manner so as to obstruct private driveways may be
issued a parking violation ticket upon complaint of the property owner. The
officer may also have the vehicle towed if the vehicle is parked in such a manner
so to block the owner's ingress and egress from his/her property.
Section 602.03 Parking In Intersection
Motor vehicles parked in an intersection may be issued a parking violation ticket.
·
Section 602.04 Double P~uking
If a motor vehicle is observed double parked, the driver of the vehicle is present
in the vehicle, and there exists no readily available parking spaces, the driver
shall be advised to move the vehicle as soon as another parking space becomes
available no ticket shall be issued. If the vehicle is double-parked and no driver
is present, a parking ticket may be issued.
Section 602.05 Disregard Of Order
If a motor vehicle stops and refuses a direction of a police officer acting in the
performance of his/her duties, the officer may issue a parking ticket or other
citation which may be appropriate.
Section 602.06 Enforcement Of ,Parking Along Yellow
Curb
· If a vehicle is parked in such a manner so as to have a yellow painted curb
adjacent and perpendicular to any area of the vehicle between the center of the
rear and front tires facing the curb, the vehicle may be issued toa parking .
violation ticket. If that portion of the vehicle adjacent to the yellow curb is to the
rear of the center of the rear tire or forward of the center of the front tire, no
parking violation ticket shall be issued.
Section 602.07 Enforcement Of 24 Hour On-Street
Parking
A. No vehicle shall be issued a 24-hour parking ticket unless the tires
have previously been chalked or otherwise marked in such a matter
as to provide the officer with identification that the vehicle had
been parked illegally.
B. The illegally parked vehicle will be issued a parking violation notice
at the conclusion of the first 24-hour period, a parking violation
ticket shall be issued. At the conclusion of the third 24-hour
period, a second parking violation ticket will be issued and the
vehicle towed. Before towing the vehicle, every effort should be
used to contact the registered owner of the vehicle. This will be
noted in the officers ICR.
Section 602.08 Enforcement Of 2 Hour Parking .
Officers shall enforce the 2 hour parking limits by chalking the tires of the
vehicle. The officer will return 2 hrs later and issue citations to vehicles that
have not moved. The 2 hour parking areas are posted.
Section 602.09 2:00 AM to 7:00 AM Parking
Officers from November 1st to April 1st shall enforce this ordinance. Officers shall
start at 2:30 A.M. issuing parking tickets. In the case of snow where the snow
plows will be going out, the vehicles will be tagged and towed.
.
.
· SECTION 603
DOMESTIC
ABUSE / ORDER
· F-OR
PROTECTION
,--" ' -,~- ,-,' - ' -l
·
603: DOMESTIC ABUSE/ORDER FOR PROTECTION ·
Section 603.01 Introduction And Purpose Of The Policy
A. Introduction
The St. Joseph Police Department recognizes domestic abuse as a serious
problem in today's society. This agencis policy is to protect victims of
domestic abuse by making an arrest when it is authorized and by ensuring
its peace officers have an understanding of the law governing this area,
including the following statutes:
260.133 609.224 611 A.36 629.34
260.165 609.713 626.556 629.341
51 8B.01 609.748 629.342
609.749 629.72
Peace officers will utilize this policy in response to calls where there may
be domestic abuse. This policy prescribes courses of action peace officers
should take in response to a domestic call. This agency will enforce these ·
jaws without bias and prejudice based on race, marital status, sexual
orientation, social class, age, disability, gender, religion, creed or natural
origin.
B. Purpose
The principal purpose of this policy is to establish guidelines and
procedures to be followed by peace officers in law enforcement's response
to domestic abuse. Additionally this policy intends:
1. To prevent future incidents of domestic abuse by establishing
arrest rather than mediation as the preferred law enforcement
response to domestic abuse;
2. To afford maximum protection and support to victims of domestic
abuse through a program of law enforcement and victim
assistance;
~-~~-:----- --
3. To ensure that the same law enforcement services are available in
~ domestic abuse cases that are available in other criminal cases;
·
. 4. To reaffirm peace officers' authority and responsibility to make
arrest decisions in accordance with established probable cause
standards;
5. To promote peace officer safety by ensuring that they are prepared
to respond to domestic calls;
6. To complement and coordinate efforts with the development of
domestic abuse prosecution plans, so that law enforcement and
prosecution will be more efficient and successful;
7. To promote law enforcement's accountability to the public in
responding to domestic abuse; and,
8. To document allegations of domestic abuse so there can be
meaningful prosecution and delivery of victim services.
Section 603.02 Definitions
For the purposes of this policy the words and phrases in this section have the
. meanings given to them, unless another intention clearly appears.
Ä. Domestic Call means a request fo~ assistance to a law enforcement
agency in general regard to: (1) physical harm, bodily injury, assault, or
the infliction of fear of imminent physical harm, bodily injury or assault,
between family or household members; or (2) terroristic threats (MS.
609.713, Subd. 1) or criminal sexual conduct in the first through fourth
degree, committed against a family or household member by a family
member or household member (M.S. 5166.01, Subd. 2a).
B. Domestic abuse program means a public or private intervention protection
or advocacy program which provides support and assistance to the victims
of domestic abuse.
C. Child means a person under the age of 18.
D. Family or household members means spouses, former spouses, parents
and children, persons related----'2x _bloQd, and persons who are presently
residing together or who have residedtõgeÐier in the past, and persons
who have a child in common regardless of whether they have been
married or have lived together at any time. It also includes a manand= ~
. woman, if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have beer married or have lived together at ·
any time.
Section 603.03 Responding To The Calls
A. Driving To The Scene
The peace officers should respond directly and without unreasonable
delay to the scene of a domestic call.
B. Initial Contact With Occupants
Upon arriving at the scene of a domestic call, and being met, the
responding officers should identify themselves as peace officers, explain
their presence, and request entry into the home. The officers should ask
to see the person who is the subject of the call. If the person who called
the law enforcement agency is someone other than the subject of the call,
the officer should not reveal the caller's name. The officers should check
to make sure all of the occupants are safe.
C. Entry ·
Refused - If refused entry, the officers should be persistent about seeing
and speaking alone with the subject of the call. If access to the subject is
,refused, the officers should request the dispatcher to contact the caller.
Forced Entry - If access to the subject is still refused and the officers have
reason to believe that someone is in imminent danger, the officers are
permitted to force entry.
Search Warrant Entry - If the officers are refused entry and have no legal
grounds for forced entry and they have reasonable grounds to believe a
crime has been committed, they should contact a supervisor and request
permission to obtain a search warrant.
D. First Aid
After securing the scene, the responding peace officer shall assist the
victim in getting medical attention if necessary.
·
. Section 603.04 Arrest Decisions
A. Making arrests - After securing the scene and securing any first aid, the
peace officers will begin a criminal investigation to determine if there is
evidence and probable cause to believe that a crime has been committed.
Probable cause must be based on the evidence and not upon the victim's
desire to have an arrest made. The officers should collect relevant
physical evidence, including weapons which may have been used, take
photographs of the scene or any injuries and statements from the
involved parties and witnesses. Some of the evidence and statements
include:
./ Condition of clothing
./ Property damage
./ Excited utterances of the victim and the suspect
./ Demeanor of the victim and the suspect
./ Medical records including the victim's statements to
. paramedics, nurses and doctors
./ Interviews of witnesses including the children who may have_
been present
./ Evidence of any prior domestic abuse
./ Related convictions, including dates, and any existing orders
for protection or no contact orders. The jurisdiction of
convictions and OFP's should also be noted.
Note: When determining probable cause, the peace officers should
consider their observations and any statements by parties involved and
any witnesses. Prior convictions may provide the basis for enhancement
to a gross misdemeanor or even a felony charge (see V below).
B. Factors Not To Be Considered In Making The Arrest - Arrest should be
made without consideration of:
~-
./ Marital status, sexual orientation, race, or cultural, social,
political, or professional position;
.
./ Ownership, tenancy rights of either party; or the fact the ·
incident occurred in a private place;
./ Belief that the victim will not cooperate with criminal
prosecution or that the arrest may not lead to a conviction;
./ Verbal assurances that the abuse will stop;
./ Disposition of previous police calls involving same victim or
suspect;
./ Denial by either party that the abuse occurred when there is
evidence of domestic abuse;
./ Lack of a court order restraining or restricting the suspect;
./ Concern about reprisals against the victim;
./ Adverse financial consequences that might result from the
arrest;
./ Chemical dependency or intoxication of the parties. ·
C. Primary Aggressor And Dual Arrests
This department discourages dual arrests. Where there are allegations
that each party assaulted the other, the peace officer shall determine
whether there is sufficient evidence to conclude that one of the parties is
the primary aggressor based on the following criteria and the officer's
judgment:
./ Comparative extent of any injuries inflicted;
./ Fear of physical injury because of past or present threats;
./ Actions taken in self-defense or to protect oneself;
./ The history of domestic abuse perpetrated by one party
against the other;
./ Existence or previous existence of orders for protection.-
·
· Section 603.05 Authority And Types Of Arrest
A. Warrantless Probable Cause Arrest For Fifth Degree Assault - A peace
officer may arrest a person anywhere without a warrant, including at the
person's residence, if the peace officer has probable cause to believe that
the person within the preceding twelve hours has assaulted, threatened
with a dangerous weapon, or placed in fear of immediate bodily harm the
person's spouse, former spouse, or other person with whom the person
resides or has formerly resided or other person with whom the person has
a child or an unborn child in common, regardless of whether they have
been married or lived together at any time, though the assault did not
take place in the presence of the peace officer (Minn. Stat. 629.341)/ A
peace officer acting in good faith and exercising due care in making an
arrest pursuant to this statute is immune from civil liability that might
result from the officer's action.
Note: An arresting officer may not issue a citation in lieu of arrest and
detention to an individual charged with assaulting the individual's spouse
or other individual with whom the charged person resides (Minn. Stat.
629/72).
· B. Level Of Arrest For Fifth Degree Assault; Misdemeanor, Gross
Misdemeanor And Felony - Assault in the Fifth Degree is typically a-
misdemeanor. However, recent changes in the statute greatly increase
the potential for fifth degree assault arrests at the gross misdemeanor and
even felony level.
C. Harassment/Stalking (Minn. Stat. 609.749)
D. Probable Cause Felony Arrest For Other Crimes - At a domestic call, peace
officers shall consider whether other felonies have been committed,
including, but not limited to: burglary, felony assault, terroristic threats,
kidnapping, false imprisonment and witness tampering.
Note: A fifth degree assault may be chargeable as burglary in the first
degree even if the home is also the offender's, if the entry is made
without consent of the victim and in violation of an OFP barring the of
fender from the premises.
E. Violation Of Court Orders - The peace officer shall verify whether any of
the following orders exist before leaving the scene of domestic call.
,-
·
Note: Ex Parte Temporary Orders for Protection are valid for a fixed ·
period of timet not to exceed 14 days from issuance unless extended by
the court. Orders for Protection (non-temporary) are valid for a fixed
period of timet not to exceed one year except when the court determines
a longer fixed period is appropriate.
1. Order For Protection - A peace officer shall arrest and take into
custody without a warrant¡ a person who the peace officer has
probable cause to believe has violated the restraint or exclusion
section of an order for protection granted pursuant to (Minn. Stat.
518B.01¡ Subds. 6¡ 7¡ 9). Even if the violation of the order did not
take place in the presence of the peace officer, if the existence of
the order can be verified by the officer.
Note: There are three key points related to the Order for Protection:
a. The law requires an arrest regardless of whether or
not the excluded party was invited back to the
residence.
b. There is no hour limitation for a warrantless arrest for ·
a violation of an Order for Protection.
c. If there is evidence that an individual -has violated
another provision of an Order for Protection, other
than the restraint or exclusion clauses, a police report
should be submitted to the prosecutor indicating that
the order was violated.
2. Harassment Restraining Order - A peace office shall arrest and take
into custody a person who the peace officer has probable cause to
believe has violated a harassment restraining order pursuant to
(Minn. Stat. 609.748¡ Subds. 4 or 5), if the existence of the order
can be verified by the officer.
3. No Contact Order - An officer may arrest without a warrant any
person who he has probable cause to believe has violated the
provisions of a no contact or restraining order issued by a court
(Minn. Stat. 629.34, Subd. 1 (6)).
r. BLI,\;;;, 1·1isdemeanors - Afãão1ñ~estic-êã110"~eace ìJllll....er ~lld" LUII::>IUer
whether other crimes have been committed, including, but not limited to: ·
- trespassing, criminal damage to property, disorderly conduct, witness
- tampering or assault.
Section 603.06 Assistance, Staying At The Scene, Crime
Victim Rights And Services
A. Staying At The Scene - If an arrest does not occur, peace officers should
remain at the scene of the disturbance until they believe the likelihood of
further imminent abuse has been eliminated.
.
Note: (Minn. Stat. 629.342), provides that if a peace officer does not
make an arrest when the officer has probable cause to believe domestic
abuse has been or is being committed, the peace officer must provide
immediate assistance to the victim including assisting the victim in
obtaining necessary medical treatment and providing the victim with the
Notice of Rights pursuant to (Minn. Stat. 629.341, Subd. 3).
B. Assistance To Non-English Speaking Victims Or Victims With
Communication Disabilities - The peace officer shall use' resources
. available (TDD, AT & T, language line, local translators) to the law
enforcement agency to assist in those cases where the participants in the
domestic call, including the witnesses, are non-English speaking, are
hearing-impaired, or have other communicatJon disabilities. The officer
should avoid the use of friends, family or neighbors serving as the primary
interpreter for the investigation.
C. Notice Of Crime Victim Rights - The peace officer shall tell the victim
whether a shelter or other services (domestic abuse programs) are
available in the community and give the victim notice of the legal rights
and remedies available (Minn. Stat. 629.341, Subd. 3).
D. Officers will verify where the victim can be reached so they can be notified
of the conditions and release of the suspect.
Section 603.07 Children
-A:--Child Victims - If a child is present at the scene of a domestic call or is the
victim of domestic abuse, the peace officer should determine whether the ---- ----
child has been subjected to physical abuse,·šêxûår a5Dse,or neglect, and
. comply with the requirements of (Minn. Stat. 626.556), Report of
maltreatment of Minor. The officer shall also attempt to verify whether
there has been an Order for Protection (Minn. Stat. 260.133). If the child -
has been physically injured, the officer should consult with the parent or -
guardian on obtaining medical treatment.
B. Child Present And Care - If the legal parent or guardian of a child can no
longer provide care (for example, when the victim is hospitalized), the
officer should consult with the legal guardian in determining the
disposition of the child and should make a good faith attempt to follow the
request of the legal guardian or parent.
If the peace officer reasonably believes that the child's immediate
surroundings or conditions endanger the child's health or welfare, the
officer may take the child into immediate custody pursuant to (Minn. Stat.
260.165, Subd. 1 (c)(2)).
Section 603.08 Reports And Forms
A. Written Report - Whether there is an arrest or not peace officers shall
make a report after responding to a domestic call. If the officer did not
arrest or seek an arrest warrant, even though arrest was authorized, a
detailed explanation of the reasons for the officer's decision not to arrest .
must be documented. The report should include the following:
v" Detailed statements from the victim
v" Suspect and witnesses
v" Description of injuries
v" Information about past abuse
v" Description of the scene; primary aggressor
v" Existence of language barriers
v" Presence of elderly victims or those with disabilities
v" Documentation of evidence
B. Department Of Corrections, Domestic Abuse Case Law .
· SECTION 604
CHILD I .
VULNERABLE
· .ADULT ABUSE
INTERVIEW
- - -- ,---- ~~----
·
604: CHILD/VULNERABLE ADULT ABUSE INTERVIEW ·
PROCEDURES
Section 604.01 Purpose
To implement uniform procedures for interviewing child/vulnerable adult abuse
victims.
Section 604.02 Procedures
A. Officers conducting interviews of child abuse victims will:
1. Record in writing the date, time, duration and place of
interview
2. Names of all persons present
3. Summation of statements of victim(s)
B. All interviews with victim(s) will be recorded (sound or
video) and notification will be made of such taping to the ·
appropriate prosecutor.
C. In all such cases, the tape shall be preserved and destroyed
(erased) only with the written approval of the prosecutor.
The writing will become a permanent part of the offense
report.
D. In cases of vulnerable adult abuse, officers will consult with
the Chief of Police as to the necessity of tapes (sound or
video ). Statements of the victims should be taped; the
same procedure as indicated in paragraphs Band C will be
followed.
E. When a case is presented to the prosecutor for charging, the
tape-recorded statements of the victims must be included
with the completed report.
1. It should be made by the
investigating officer.
2. It should be made in question
and answer form.
3. It should be transcribed. ·
. 4. It should be made in as non-leading a manner as
possible.
F. If a tape recorder (sound or video) statement of the victim(s) is not made,
the investigating officer must document such fact in his/her report. The
officer must indicate what efforts were made to obtain such statement(s)
and reason(s) why one was not obtained.
.
~
.
SECTION 605 ·
DWI PROCEDURE
·
~ -
·
. 605: OWl PROCEDURES
Section 605.01 Purpose
It is a policy of the St. Joseph Police Department to firmly and consistently
enforce the driving while under the influence and implied consent laws of the
State of Minnesota.
Section 605.02 Knowledge Of The Law
Officers of the City of St. Joseph are required to know and familiarize themselves
with the law with respect to driving while under the influence and implied
consent statutes and to keep advised of changes or future development of the
law in the court systems, and any technical or scientific advancements with
respect to alcohol testing, which may relate to the officer's performance of duty.
Section 605.03 Stop Of A Motor Vehicle
. An officer on patrol may, if there exists observable, articulate circumstances
observed by an officer, stop a vehicle for investigation. A stop is also justified if
the officer is acting in response to íesponsibleinformation received from a
citizen. .
A. The officer shall make no arbitrary or comprehensive stops of vehicles nor
may a stop be made on a mere whim or where there exists mere
suspicion unsupported by other specific observations.
B. The officer shall not stop a vehicle based solely upon the observation of
the driver at an earlier time and place, or base upon the knowledge of the
officer that the driver has been drinking at an earlier time or when the
driver is observed leaving a place where alcohol in beverages were served
and signs of intoxication are not present. '
Section 605.04 Initiating_ DWI Investigation
A. On all routine stops of motor vehicles, an officer should make
observations of the appearance and demeancrlof1:ne-drìVefOfthe motor- ---
vehicle for evidence indicating that the driver is under the influence of a
. controlled substance. If evidence of this nature exists, an officer should
. make further investigation regarding the possibility of impairment or
intoxication regarding the possibility of impairment or intoxication,
including a request of the driver to submit a preliminary breath test or
field coordination tests.
S. Where there exists an accident resulting in property damage where the
officer determines that a driver has been drinking intoxicating beverages,
the officer shall request the person to submit to a preliminary breath test
or field coordination test to determine whether or not the driver is under
the influence. At any time when an officer is investigating an accident
which resulted in personal injury or death and the officer determines that
a driver had been drinking intoxicating beverages, the officer shall invoke
the implied consent and request the driver to submit to formal alcohol
testing. If the driver is unable to give consent due to his/her physical
state (Le., unconscious) the officer may obtain a blood alcohol sample
without invoking'the implied consent.
Section 605.05 Use Of Discretion
A. When an officer observes a person who appears to be under the influence
. or who the officer knows is under the influence from previous contact
about to enter a motor vehicle, the officer shall approach the individual
before he/she attempts to start the vehicle and advise the individual of
the officer1s opinion regarding his/her state of sobriety. The officer may
offer the individual a preliminary breath screening test, and advise the
individual that any attempt to exercise physical control of his/her vehicle
in the absence of the individual passing the preliminary breath test, could
lead to charges of driving while under the influence.
S. In investigating a suspected DWI or DUI, an officer shall arrest all
offenders where the evidence clearly indicates that the driver is under
influence. In those cases where the driver1s impairment is not as obvious,
in the "close" or "borderline" situations, the officer may exercise his/her
discretion and issue the driver a warning, but shall advise the driver that
he/she is not to continue to drive his/her vehicle and that if he/she is
observed driving within a reasonable time following the contact, the
officer will stop the driver and reconsider criminal charges.
~
Section 605.06 Use Of The PST
. Patrolling officers shall have in their possession or keep within the squad car, a
preliminary breath test (PST). Use of the PST is discretionary in investigating a
possible DUl, but the PBT shall not be used in place of other evidence gathering ·
procedures such as coordination tests, direct observation of the person's eyes,
breath, speech and walk, and other physical characteristics recognized as
evidencing intoxication.
Section 605.07 Alcohol Testing
Wherever circumstances exist which legally justify an officer to request a suspect
submit to alcohol testing, as provided by the Minnesota implied consent statute,
the suspect will be offered a breath test, urine, or blood test.
A. Blood sample shall be drawn at the St. Cloud Hospital using a blood kit
supplied by the Minnesota Bureau of Criminal Apprehension. Blood shall
be drawn by a qualified medical technician and all appropriate forms shall
be executed by the officer and person drawing the blood.
B. The breath tests shall be conducted at the Stearns County Sheriffs
Department or Waite Park Police Department. If the suspect is unable to
provide a sufficient breath sample for analysis by the intoxilyzer, the
suspect may be offered a blood or urine test before the officer shows the
insufficient sample as a refusal. ·
C. Urine samples shall be secured at the St. Joseph police station or the
Stearns County Law Enforcement Center. A midstream urine sample shall
be taken in the presence of an officer. Female suspects giving a urine
sample shall do so in the presence of a female. If a female is not
available at the St. Joseph police station, the suspect shall be transferred
to the Stearns County Jail where a female officer can be made available.
Samples shall be gathered, stored, and transferred in containers prepared
and supplied by the Minnesota Bureau of Criminal Apprehension.
Section 605.08 Care Of Vehicles
When a person is taken into custody and he/she is in legal possession of a motor
vehicle. The officer shall explain to the individual that the City will not assume
responsibility for the vehicle and shall advise the person of the need for removal
of the vehicle within necessary time limits when the vehicle is located on public
property. Removal options of the vehicle shall include the following:
- ~~, ~ -
--
A. The vehicle shall be released to a competent person with the owner's
consent. The vehicle shall not be released to a person whom the officer ·
· believes has been drinking alcoholic beverages unless that person submits
to and passes a preliminary breath screening test.
B. The vehicle may be locked and left where stopped or where it can be
conveniently moved by the officer if the owner so consents and where the
circumstances requiring mandatory towing do not exist.
D. The vehicle may be towed by a towing service which provides security for
vehicles. Towing shall be at the owner's expense. A vehicle shall be
towed if any of the following circumstances exist:
1. Where the driver specifically requests that the vehicle be towed.
2. When there is not a responsible adult to take possession of the
vehicle and it appears to the officer that the driver will be in
custody at the Stearns County Jail, or will be admitted to a
detoxification center or hospital for a period of more than 24 hours.
Section 605.09 Release Of Suspects
· Suspects shall be booked into the Stearns County Law Enforcement Center.
·
SECTION 606 ·
PRIVATE
PARTIES
·
~-~.~- --
--
·
. '606: Private Parties
, Section 606.01 Sale Of Alcoholic Beverages
The sale of alcoholic beverages, by direct or indirect means, is strictly prohibited
by law. If an officer becomes aware that a party not licensed and authorized is
engaging in the sale of alcoholic beverages within the City of St. Joseph, the
officer shall investigate the matter. If an illegal sale is found, the officer shall
immediately terminate the sale, and confiscate aU alcoholic beverages and
money received by the illegal sale. Before so acting, the. officer ,is encouraged
to contact the Chief of Police and/or the City Attorney's Office to discuss the,
cirèumstances of the distribution of the alcoholic beverage to determine whether
or not an actual sale, as defined under the law, is occurring. An officer should
also be fully advised and take into consideration all applicable search and seizure
'laws when confiscating monies or beverages.
Section 606.02 Reports
Where an officer terminates a sale, the 'officer shall present a detailed
. ï'nvestigation report to the City Attorney's office or County Attorney's office for
review with respect to criminal charges. Violations are to be charged out by the
City Attorney's offiçe or County Attorney's office by summons and complaint.
.
SECTION 701 .
CITY POLICY
SUPERSEDES
, .
-
=.., '.,,'.0" '&.,., ' ~
.
. 701: City Policy Supersedes
Section 701.01
The City of St. Joseph personnel policy shall supersede any and all' contradictory
provisions of this manual.
.
-~-. ~- ,-- ,-
.
. SECTION 702
MISSING AND
ENDANGERED
. CHILDREN
--- ~..=..:.o_---- _ .___~
.
702: Response to Reports of Missing and Endangered ·
Children
Section 702.01 Purpose
The purpose of this policy is to establish guidelines and response to, and
investigation of, all reports of missing and endangered children as defined in
(Minn. Stat. 299C.52, Subd. 1, C and E). ("Minnesota Missing Children
Program"). The mandatory procedures are highlighted in bold print.
This policy addresses only those investigations where the missing child has been
determined to be both missing and endangered.
Section 702.02 Policy
This agency recognizes that there is a critical need for immediate and consistent
response to reports of missing and endangered children. The decisions made
and actions taken during the preliminary stages have a profound effect on the
outcome of the case. Therefore, this law enforcement agency has established ·
the following responsibilities and guidelines for the investigation of missing and
endangered children. All peace officers employed by this agency will be
informed of, and comply with, the following required procedures.
After this law enforcement agency has received a report of a missing child,
obtained the basic facts of the case, descriptions of the missing child and
abductor (if known), and determined that there is sufficient evidence to believe
that the child is endangered, the agency will respond according to the following
five types of general procedures: (1) Initial Response, (2) Initial Investigation,
(3) Investigation, (4) Prolonged Investigation, and (5) Recovery/Case Closure.
The facts surrounding each missing and endangered child report will dictate
when the procedures are warranted, and what the order and priority would be
within each of the five categories. However, each of the procedures must be
carried out immediately as circumstances warrant and many of the steps will
need to be done simultaneously.
Section 702.03 -nDefin1tions ~ 'nn
Missing - According to (Minn. Stat. 299C.52, Subd. 1 C), missing means lithe
status of a child after a law enforcement agency that has received a report of a ·
· missing child has conducted a preliminary investigation and determined that the
child cannot be located."
Endangered - According to (Minn. Stat. 299C.52, Subd. 1 E), endangered means
that "a law enforcement official has received sufficient evidence that the child is
with a person who presents a threat of immediate physical injury to the child or
physical or sexual abuse of the child."
Child - According to (Minn. Stat. 299.52, Subd. 2 A), child means "any person
under the age of 18 years or any person certified or known to be mentally
incompetent. "
Sufficient Evidence - means articulable facts and circumstances which would
induce a reasonably prudent police or peace officer to believe that a crime has
been or is about to be committed.
NCIC - means the National Crime Information Center.
OIS - means the Criminal Justice Information System.
· Section 702.04 Procedures
I. Initial Response Procedures
A. Dispatch an officer to the scene to conduct a preliminary investigation.
S. Obtain interpretive services if necessary.
C. Interview parent(s)jperson(s) who made the initial report.
D. Determine when, where, and by whom the missing child was last seen.
E. Interview the individuals who last had contact with the child.
F. Obtain a detailed description of the missing child, abductor, vehicles, etc.
G. Load the NCIC Missing Person'RleClnvòluntary category) with cUlI1plete
descriptive, and critical information regarding the missing and endangered
child.
· H. Load the NCIC system with complete descriptive information regarding
suspect( 5).
1. Request investigative and supervisory assistance. .
J. Update additional responding personnel.
K. Broadcast known details on police communication channels to other patrol
units, other local law enforcement agencies, and surrounding law
enforcement agencies and if necessary, use the National Law Enforcement
Telecommunications Systems CNLETS, and the Minnesota Crime Alert
Network to alert state, regional, and federal jaw enforcement agencies.
L. Notify the family of crime victim services available and give the family the
Crime Victim Services card.
M. Seal the crime scene, do not allow individuals to leave the area until
interviewed, and note anyone who may have left just prior to the arrival
of law enforcement.
N. Activate protocols for working with the media.
O. As required by (Minn. Stat. 299C.53, Subd. i), contact the Bureau of
Criminal Apprehension regarding the incident. Request assistance as .
necessary .
P. Implement multi-jurisdictional- coordination/mutual aid plan as necessary,
for example:
1. When the primary agency had limited resources;
2. When the investigation crossed jurisdictional lines;
3. When jurisdictions have pre-established task forces or investigation
teams.
II. Initial Investigation
A. Conduct a neighborhood/vehicle canvass.
B. Arrange for use of helpful media coverage.
C. Maintain records of telephone communications/messages.
D. Ensure that everyone at the scene is identified and interviewed separately.
.
. E. Search the home or building where the incident took place and conduct
search including all surrounding areas. Obtain consent of a search
warrant, if necessary.
F. Assign a trained and/or experienced investigator whose duties will include
coordination of the investigation.
III. Investigation
A. Begin setting up the Command Post/Operation Base away from the chilçl's
residence: Know the specific responsibilities of the Command Post
Supervisor, Media Specialist, Search Coordinator, Investigative
. Coordinator, Communication Officer, Support Unit Coordinator, and two
liaison officers (one at command post) one at victim's residence. The role
of the liaison at the home will include facilitating support and advocacy for
the family.
B. Establish the ability to "trap and trace" all incoming calls. Consider setting
up a separate telephone line or cellular telephone for agency use.
. C. Compile a list of known sex offenders in the region.
D. In cases of infant abduction, investigate claims of home births made in
that area.
E. Obtain child protective agency records for reports of abuse on child.
F. Review records for previous incidents related to the missing child and
prior police activity in the area including prowlers, indecent exposure,
attempted abductions, etc.
G. Obtain the child's medical and dental records.
H. Update the NCIC missing person file with any additional information
regarding the child or suspect as necessary.
1. Interview delivery personnel, employees of gas, water, electric, and cable
companies, taxi drivers, post office personnel, sanitation workers, etc.
-~~- -. --~---- ~:::'~
J. Contact the National Center for Missing and Exploited Children (NCMEC)
for photo dissemination and other case assistance.
. K. Determine if outside help is necessary and utilize local and state resources
related to specialized investigative needs, including:
1. Crime Victim Advocates ·
2. Minnesota Bureau of Criminal Apprehension
3. Federal Bureau of Investigation
4. County Attorney
5. Customs Investigative Services
6. Minnesota State Patrol
7. Minnesota Crime Alert Network
8. Amber Alert Network
9. Investigative experts in the areas of sexual assault, child maltreatment,
and/or homicide
10. Searches:
a. Ground Searches: Manpower, vehicles and or mounted patrol. ·
b. Canine assistance
c. Water and Underwater searches and air searches.
11. Investigative Resources:
a. Child Interviewing
b. Polygraph
c. Profiling/Behavioral Analysis
d. MN Sex and Violent Crime Analysis programs
e. Crime Analysis/Computer Assistance
f. Forensic Artistry/Crime Scene and Evidence Processing
g. Memory Retrieval
11. Interpretive Services
13. The Department of Natural Resources
14.Telephone Services (tarps, traces, etc.)
15. Media Assistance (local and national).
·
.
. IV: Prolonged Investigation
A. Develop a profile or: the possible abductor.
B. Consider the use of polygraph for parents and other key individuals.
C. Reread all reports and. transcripts of interviews, revisit the crime scene,
review all photographs and videotapes, re-interview key individuals and
reexamine all physical evidence collected.
D. Review all potential witness/suspect information obtained in the initial
investigation and consider background checks on anyone identified in the
investigation.
E. Develop timeline and other visual exhibits.
F. Critique results of the on-going investigation with appropriate investigative
resources.
G. Arrange for periodic media coverage.
. H. Utilize rewards and crime-stoppers programs.
1. Update NCIC Missing Person File information as necessary.
J. Re-contact the National Center for Missing and Exploited Children (CMEC)
for age progression assistance.
V. Recovery/Case Closure
A. Arrange for a comprehensive physical examination of the victim.
B. Conduct a careful interview of the child, document the results of the
interview, and involve all appropriate agencies.
C. Refer family for effective reunification assistance.
-D.={:anœkalarms and remove case from NCIC and other information systems,
and remove posters and other publications from circulation.
E. Perform constructive post-cast critique. Reassess the procedureS""'ttsecl ' r~-=~ ~~
and update the department's policy and procedures as appropriate.
.
SECTION 703 .
EXPOSURE
CONTROL PLAN
.
FOR.
BLOODBORNE
PATHOGENS
==:c~-
.
. 703: EXPOSURE CONTROL PLAN FOR BLOODBORNE
PATHOGENS
Section 703.01 Purpose
This Exposure Control Plan sets forth policies, procedures, and required
protective equipment necessary to protect police personnel from health hazards
associated with exposure to blood borne pathogens or other infectious agents in
the workplace.
Section 703.02 Policy
Police personnel are engaged in delivery of medical care in the pre-hospital
setting. Job duties are often performed in uncontrolled environments which, due
to a lack of time and other factors, do not allow for application of a complex
decision-making process to the emergency at hand. It is the policy of the
department to provide the training, equipment, and procedures necessary to
minimize the risk of employee exposure to infectious agents without
. compromising the care and safety of patients.
The following procedures should be observed by employees in making decisions
concerning the use of personal protective equipment and resuscitation
equipment, and when implementing decontamination and disposal procedures.
Employees should observe universal precautions, whereby all human blood and
certain human body fluids are treated as if known to be infectious.
Section 703.03 Definitions
A. BLOOD: Human blood, human blood components, and products made
from human 'blood.
B. BLOODBORNE PATHOGENS: Pathogenic microorganisms that are present
in human blood and can cause disease in humans. These pathogens
include, but are not limited to, Hepatitis B virus (HBV) and also
Immunodeficiency virus (HIV).
-~- C. CONTAMINATED: The presence or the reasonably anticipated presence of
blood or other potentially infectious materials on an item or surface.
.
D. CONTAMINATED SHARP OBJECT: Any contaminated object that can
. penetrate the skin including, but not limited to, needles, scalpels, broken
glass, broken capillary tubes, and exposed ends of dental wires.
E. DECONTAMINATION: The use of physical or chemical means to remove,
inactivate, or destroy blood borne pathogens on a surface or items to the
point where they are no longer capable of transmitting infectious particles,
and the surface or item is rendered safe for handling, use, or disposal.
F. EXPOSURE INCIDENT: A specific eye, mouth, other mucous membrane,
non-intact skin, or parenteral contact with blood or other potentially
infectious materials that results from the performance of an employee's
duties.
G. HBV (Hepatitis B Virus): A viral infection that affects the liver.
H. HIV (Human Immunodeficiency Virus): The specific AIDS retrovirus which
has been identified as destroying the body's immune system.
I. PARENTERAL: Piercing mucous membranes or the skin barrier through
such events as needle sticks) human bites, cuts, and abrasions.
'- J. PERSONAL PROTECTIVE EQUIPMENT: Specialized clothing or equipment
worn by police personnel for protection against a hazard.
K. POTENTIALLY INFECTIOUS MATERIALS: The following human body fluids:
semen) vaginal secretions, cerebrospinal fluid, synovial (joints) fluid,
peritoneal (abdominal) fluid, amniotic (pregnancy) fluid, saliva in dental
procedures, any body fluid that is visibly contaminated with blood, and all
body fluids in situations where it is difficult or impossible to differentiate
between body fluids.
L. UNIVERSAL PRECAUTIONS: An approach to infection control where all
human blood and certain human body fluids are treated as if known to be
infectious for HIV, HBV, and other blood borne pathogens.
Section 703.04 PROCEDURE
When possibility of exposure to blood or other potentially infectious materials
exists, universal precautions should be followed:
RULE: Gloves shall be worn when handling persons, clothing, or other
. material contaminated by blood or other potentially infectious material.
Goggles should be worn when there is foreseeable potential for spraying of .
blood or other potentially infectious materials into the eyes.
To minimize the need for emergency mouth-to-mouth resuscitation,
appropriate masks and oxygen equipment should be readily available and
used. Pocket masks with one-way valves are available for mouth-to- mouth
ventilation.
All sharp objects should be assumed to be contaminated and handled with
caution. Dispose of them in the proper receptacles provided by the
ambulance service. Needles should never be recapped, bent, broken, or
otherwise tampered with. Evidence shall be placed in property receptacle.
The proper personal protective gear for specific EMS procedures is outlined in
the table "Personal Protective Equipment Required for EMS Procedures. II
When it is likely that police personnel will have to perform one of the tasks or
activities listed, the recommended protective equipment for that task or
activity should be worn.
1. Personal Protective Equipment
The department will make the following items available to all police .
personnel.
1. -Disposable latex gloves and glove pouches
Disposable latex gloves should be worn when providing medical
treatment if there is a possibility of contact with blood or other
potentially infectious materials. Disposable latex gloves should be
worn only once, then discarded. If the gloves have been
contaminated, they should be discarded in the appropriate waste
containers in the ambulance, at the hospital, or in the plastic bags
provided. The gloves should be pulled off inside out to prevent any
contaminated fluid from contacting the skin. Police personnel
should avoid all contact with the mouth, nose, and eyes and should
wash their hands as soon as possible after removing the disposable
latex gloves.
2. Helmet with face shield or goggles
Eye protection should be worn when there is a reasonable
foreseeable potential for an exposure in this area.
.
3. Pocket masks with one-way valves and oxygen equipment
. This equipment should be used, if possible, in lieu of mouth-to-
mouth resuscitation.
4. Disposable paper towels and cleaning supplies
This equipment should be used by police personnel to wash their
hands immediately after an exposure. This wash should be
followed by a thorough soap and water wash as soon as possible.
5. Disposable plastic bags
Disposable plastic bags are provided for disposal of gloves and
other equipment. The above equipment and supplies should be
kept in the squads in easily accessible locations. Equipment:
should be kept in serviceable condition. Enough supplies (including
disinfectant) should be carried so that multiple back-to-back calls
can be handled without having to return to the station for
restocking.
RULE: Police personnel shall not refuse to provide medical care if
'- appropriate protective equipment is not available.
The increased risk ot' exposure created by t!:le unavailability of
proper protective equipment is not a justifiable reason to deny
medical care. In such a situation, extreme caution should be
exercised to minimize the possibility of exposure without unduly
compromising the quality of patient care.
B. Cleaning And Decontamination
Officers who come in contact with blood or other potentially infectious
material, whether wearing gloves or not¡ should wash their hands (or
other area of contact) with soap and water as soon as possible.
Uniform clothing and other clothing that becomes contaminated with
blood or other potentially infectious material should be put in a disposable
plastic bag for decontamination. Normal washing using regular
detergents in a washing machine will decontaminate clothing. Normal dry
cleaning will decontaminate umtOrrTntems that must be dry cleaned. As
an added precaution, heavily soiled clothing items should be washed -
separately from other" wash itemsv.....-_, ~, ~-- ~.~~
.
Equipment items that are contaminated with blood or other potentially .
infectious material should be washed with soap and water, followed by
decontamination with a solution of one part bleach to nine parts water or
other suitable disinfectant. Disposable contaminated items should be
placed in a disposable bag clearly marked for contaminated items.
Property contaminated with blood or other potentially infectious materials
should be handled with gloves. A letter with the circumstances of the
contamination should be directed through the chain of command to the
Chief for replacement. Officers should keep a second change of uniform
in their locker at all times if they live outside of city limits.
Personal Protective Equipment Required for EMS Procedures
I Task or Activity Disposable Protective Eyewear
Gloves
Bleeding control with spurting blood Yes Yes
Bleeding control with minimal bleeding Yes No
Emergency childbirth Yes Yes, if splashing is likely
..
Assisting with an intravenous (IV) line, Yes ' No ~
Assisting witl1 Endotracheal - Yes No, unless splashing is
Intubulation likely
Oral/nasal suctioning manually Yes No, unless splashing is
cleaning airway likely
Handling and cleaning equipment Yes No
Measuring blood pressure No No
C. Post Exposure Evaluation And Follow-up
Any time an officer has direct contact with blood or other potentially
infectious material constituting an exposure incident, the officer should be
examined by a physician within 24-hours of the incident. If the officer is
unsure whether the incident constitutes an exposure incident) the
following steps should be taken.
.
. D. Cleanse the area thoroughly as soon as possible. Wash with warm water
and soap for at least 30 seconds) then rinse with plenty of warm water.
(If water is not readily available, an alcohol wipe or other cleaning
supplies should be used for initial cleansing of the area. Washing with
warm water and soap should be done as soon as possible.)
E. If the exposure includes extensive contamination of clothes, put on
disposable gloves, remove soiled articles and wash areas with soap and
water.
F. Remove gloves carefully inside out and wash hands thoroughly with warm
soapy water for at least 30 seconds.
G. Redress with clean garments.
H. Cover any open wounds with a clean bandage.
1. Fill out an exposure incident form and, if an injury was involved, the First
Report of Injury form.
J. Submit the formes) to the shift supervisor, who, after reviewing the form,
should submit it to the Chief.
. K. After notifying a supervisor, the officer should report to the St. Cloud
Hospital with a copy of the exposure incident form.
L. The officer will be evaluated by a physician who will do appropriate blood
tests (if consent is given), answer questions, and instruct the officer on
any additional follow-up that may be needed.
If an officer goes directly to the emergency room from the scene, the
exposure incident form should be completed after returning to the station.
The form should include the name of the emergency room physician that
did the examination. To ensure proper and consistent follow-up, a copy
of the exposure incident form should be forwarded to the City Clerk.
If a determination is made that the exposure was significant and may be a
possible means of transmission, the employee will be evaluated clinically
and serologically for evidence of infection as soon as possible after the
exposure. Following the initial test at the time of exposure, seronegative
workers should be retested at 6 weeks, 12 weeks, and 6 months after' Bob , - --~~---"-
exposure to determine whether transmission has occurred. Follow-up
testing will be conducted by the City designated doctor at no expense to
. the employee.
The identity of the individual who has an infectious and reportable disease .
will be confidential. Every effort will be made by all personnel involved to
protect the individual's right to confidentiality.
M. Hepatitis B Vaccination
The Hepatitis B vaccination series is available to all police officers: The
vaccination is optional.
Section 703.05 First Responder Heptavax Vaccine
It is strongly recommended that all officers and first responders receive Hepatitis
B vaccinations. The vaccinations will be provided to you free of charge.
r hereby choose to decline the Hepatitis B vaccination.
Signature Date
.
~
. ~ ,-,,~
.
. SECTION 704
PUBLIC
NOTIFICATION OF
. . -SEX OFFENDERS
~,~-~---
.
704: PUBLIC NOTIFICATION OF SEX OFFENDERS .
Section 704.01 Scope
This policy is intended to ensure that this agency complies with the requirements of (Minn.
Stat. 243.166, 244.052, and 244.053) to provide for the registration of sexual offenders and
other predator offenders and to provide community notification relative to the release of
certain of those offenders, while maintaining the legally required privacy and other rights of
those offenders.
Section 704.02 Policy
The State of Minnesota has found that as a matter of policy: "If members of the public are
provided adequate notice and information about a sex offender who has been or is about to
be released from custody and who lives or will live in or near their neighborhood, the
community can develop constructive plans to prepare themselves and their children for the
offender's release. II
In order to implement this policy, it is the policy of the St. Joseph Police Department to
facilitate the registration of sexual and other predatory offenders. It is further the policy.
the St. Joseph Police Department to provide community notification relative to the 'release 01'
those offenders as designated by statute while preserving the legal rights of those offenders.
It is the policy of this agency to provide the maximum information authorized by law,
consistent with the requirements of public safety and the legal rights of the offender.
Section 704.03 Statutory Authority
Minnesota State Statute 243.166 - Sex Offender Registration
Minn'esota State Statute 244.052 - Community Notification (Prison)
Minnesota State Statute 244.053 - Community Notification (Non-prison)
Minnesota Statute Chapter 13 - Minnesota Government Data Practices Act
Section 704.04 Definitions
A. Accepted for Supervision - Accepted from another state under a reciprocal agreement
under the interstate compact authorized by (Minn. Stat. 243.16).
B. Confinement - Confinement in a state correctional facility or a state treatment facility. .
C. Law Enforcement Agency
. 1. For the purposes of community notification, a law enforcement agency is defined
as the agency having primary jurisdiction over the location where the offender
expects to reside upon release, and/or where the offender is likely to be
encountered.
2. For all other purposes under this policy, the definition of law enforcement agency
includes all agencies which carry on a law enforcement or prosecutorial function
including, but not limited to local, state and federal agencies; and parole,
probation and court service agencies.
D. Sex Offender or Offender-
1. For the purposes of sex offender registration, a sex offender is an adult or
juvenile required to register under (Minn. Stat. 243.166, Subd. 1).
2. For the purposes of community notification, a sex offender is an adult or certified
juvenile who has been convicted of an offense for which registration under
section 243.166 is required, or a person who has been committed pursuant to a
court commitment order under section 2538.185 or Minn. Stat. 1992, section
526.10, regardless of whether the person was convicted of an offense.
. E. Likely to Encounter
1. The organizations or community members are in a location or in close proximity
to a location where an offender lives or is employed, or which an offender visits
or is likely to visit on a regular basis, other than the location of the offender's
outpatient treatment program.
2. The types of interaction which ordinarily occur at that location and other
circumstances indicate that contact with an offender is reasonably certain.
F. Residential Treatment Facility - A residential facility that is licensed as a residential
program, as defined in (Minn. Stat. 245A.02, Subd. 14) by the Commissioner of Human
Services under (Minn. Stat. Chapter 254A), or the Commissioner of Corrections under
(Minn. Stat. 2411.021); and the facility and its staff are trained in the supervision of sex
offenders.
G. Day Care Establishments - An establishment licensed by the State of Minnesota, or its
agents, to provide day care services for children.
,,- H7Pabl1c=and-c-private=Eâo-câtionaMTIstitutîo'ns-----An-,-elementary, secondary, and post-
secondary educational institution authorized or licensed by the State of Minnesota.
. 1. Registration Period - That period of time that is defined by (Minn. Stat. 243.166, Subd.
6). That statute provides a person required to register as a sex offender or predatory
offender shall continue to comply with registration requirements until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs
later. For a person required to register who is committed under (Minn. Stat. 253B.185'
the 10-year registration period does not include the period of commitment.
J. Risk Level Assessment - That level of danger to the community established by the End
of Confinement Review Committee of the Minnesota Department of Corrections. There
are three risk levels:
1. Level I - Risk Level I is an offender whose risk assessment score indicates a low
risk of re-offense.
2. Level II - Risk Level II is an offender whose risk assessment score indicates a
moderate risk of re-offense.
3. Level III - Risk Level III is an offender whose risk assessment score indicates a
high risk of re-offense.
K. New Living Address - A new living address does not necessarily mean legal residence,
but includes where a person spends a significant amount of time and maintains a
significant amount of their personal property.
Section 704.05 Procedures .
I. Required Registration
An offender must register under (Minn. Stat. 243.166), if the offender was charged with, or
petitioned for, a felony violation of or attempt to violate any of the following crimes; and
convicted of, or ajudicated delinquent for that offense or of another offense arising out of
the same circumstances:
The offense the offender was charged with or convicted of is:
1. First Degree Murder - (Minn. Stat. 609.185, Subd. 2);
2. Kidnapping Involving a Minor - (Minn. Stat. 609.25);
3. First Degree Criminal Sexual Conduct - (Minn. Stat. 609.342);
4. Second Degree Criminal Sexual Conduct - (Minn. Stat. 609.343);
5. Third Degree Criminal Sexual Conduct - (Minn. Stat. 609.344);
~- -c-~
6. Fourth Degree Criminal Sexual Conduct - (Minn. Stat. 609.345); .
7. Predatory Crime under the Patterned Sex Offender Statute AND offender
sentenced as a patterned sex offender, (Minn. Stat. 609.1352);
. 8. Predatory Crime under the Patterned Sex Offender Statute AND the court has
found the crime to be a part of a predatory pattern of behavior that had criminal
sexual conduct as its goal;
9. Using a Minor in a Sexual Performance - (Minn. Stat. 617.246);
10. Possession of Pictorial Representations of Minors - (Minn. Stat. 617.247);
11. Committed as a Sexual Psychopath or Sexually Dangerous Person, under (Minn.
Stat. 253B.185 or 526.10), whether convicted of a crime or not;
12. Comparable Federal Offense;
13. Comparable offense in another state within the last ten years.
A. Registration Process
(Minn. Stat. 243.166) requires an offender to register. The central repository for
registration records is the Minnesota Bureau of Criminal Apprehension. ,
1. Sex Offenders that are on state or federal probation, parole, or supervised
. release are required to register with a corrections agent as soon as one is
- assigned. Copies of the registration form are forwarded to the following:
a. Bureau of Criminal Apprehension (original and one copy), and (The
Bureau of Criminal Apprehension shall forward this information to
the law enforcement agency with primary jurisdiction over the
location where the offender expects to reside.)
b. Correct ions Agent, and
c. Department of Corrections - Sex Offender/Chemical Dependency
Services Unit if appropriate, and
d. Offender
2. If an offender does not currently have a Minnesota or Federal Corrections Agent
because the offender is no longer under supervision, they shall register with the
law enforcement agency with primary jurisdiction over the location in which they
reside. Copies of the registration form, as provided by the Bureau of Criminal
Apprehension shall be provided within two working days as follows:
O'~<~",=' " 1111., ~.~-- ~"'- ~ ,.~-~
. a. Bureau of Criminal Apprehension (original and copy), along with a
completed fingerprint card (as provided by the Bureau of Criminal
Apprehension): and a photograph, and
b. Agency files, and
c. Offender .
B. Change of Address Requirements (Minn. Stat. 243.166) requires an offender who starts
living at a new address, including living in another state, to give written notice of the
new living address to the assigned correctional agent or to the law enforcement
authority with which the person currently is registered.
1. Sex offenders that are on state or federal probation, parole, or supervised
release are required to register with their assigned corrections agent. The
corrections agent shall forward the Change of Address Form, as provided by the
Minnesota Bureau of Criminal Apprehension, to the Bureau of Criminal
Apprehension within two working days. Copies of the registration form are
forwarded to the following:
a. Bureau of Criminal Apprehension (original and one copy) and, (The
Bureau of Criminal Apprehension shall forward this information to
the law, enforcement agency with primary jurisdiction over the
location where the offender expects to live.);
b. Corrections Agent;
c. Department of Corrections - Sex Offender/Chemical Dependen~
Services Unit) if appropriate; WI'
d. Offender
2. If an offender does not currently have a Minnesota or Federal corrections agent
because the offender is no longer under supervision, they shall register their
address change with the law enforcement agency with primary jurisdiction over
the location in which they reside. Copies of the Change of Address Form, as
provided by the Bureau of Criminal Apprehension, shall be provided within two
working days as follows:
a. Minnesota Bureau of Criminal Apprehension (original and a copy);
b. Law enforcement agency with primary jurisdiction over the location
in which the offender intends to reside;
c. Ag~ncy file;
d. Offender
,~- --- --
C. Offenders from Other States .
1. When the state accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by (Minn. Stat. 243.16)/ or
under any authorized interstate agreement, the acceptance is conditional on the
. offender agreeing to maintain a current registration under this section while the
offender lives in Minnesota.
2. Offenders who have been convicted or adjudicated, or released from
confinement in another state of comparable offense requiring registration within
the last ten years, even if they are no longer under supervision, are required to
register if they have moved to Minnesota after July 1, 1995, and remain longer
than thirty (30) days. They are to register with the law enforcement agency with
primary jurisdiction over the location in which they live. The original and one
copy of the Registration Form along with a completed fingerprint card (as
provided by the Bureau of Criminal Apprehension) and a photograph, is to be
forwarded to the Bureau of Criminal Apprehension.
3. The offender will be advised of the requirements of (Minn. Stat. 609.3461, Subd.
3) which requires offenders under supervision from another state to make
arrangements with their supervising agent to provide a biological sample for
purposes of DNA testing. The cost for obtaining the biological specimen is the
responsibility of the supervising agency.
D. Registration Period
. An offender must comply with the registration requirement until ten years have elapsed
since the person was initially registered for the offense, or until the probation,
supervised release, or conditional release period expires, whichever occurs later.
E. Registration Verification
1. Each year, within 30 days of the anniversary date of the person's initial
registration, the Bureau of Criminal Apprehension shall mail a verification form to
the last reported address of the person.
2. The person shall mail the signed verification form back to the Bureau of Criminal
Apprehension within ten days after receipt of the form, stating on the form the
current and last address of the person.
3. If the person fails to mail the completed and signed verification form to the
Bureau of Criminal Apprehension within ten days after receipt of the form, the
person shall be in violation of this section.
F. Criminal Penalty
~-
1. If an offender is required to register under this section, and the offender violates
. any of its provisions; or intentionally provides false information to a corrections
agent or law enforcement officer, the offender is guilty of a gross misdemeanor.
Any violation of this section may be prosecuted where the offender resides
where the person was last assigned to a Minnesota corrections agent.
2. An, offender who fails to provide change of address information may also bl
subject to an additional five-year period of registration!
3. Subsequent convictions for failure to register are a felony.
G. Data Practices
All Sex Offender Registration Data is PRIVATE DATA to be used for law enforcement
purposes.
H. Reports
1. An incident report must be completed on all sex offenders reported to this
agency. This report is to contain all data with respect to their past criminal
record including MO's! if known.
2. This agency will assist an offender in completing a Sex Offender Notification and
Registration Form and/or Sex Offender Change of Address Notice for any
offender registering with our agency.
3. These completed forms must be promptly mailed to the Minnesota Bureau of
Criminal Apprehension! Attn: SOR Unit! 1246 University Avenue! St. pau.
Minnesota; A copy will be retained for agency records. -
II. Community Notification - Rerease From Prison Or Treatment Facility
A. Receipt of End of Confinement Review Report and Records
1. Pursuant to (Minn. Stat. 244.052, Subd. 3(f)) not less than sixty (60) days before
an offender is released from Confinement by the Commissioner of Corrections or
Commissioner of Human Services! the State End of Confinement Review
Committee is required to provide to the appropriate law enforcement agency all
relevant information the Commissioner has concerning the offender, including
information on the risk factors in the offender's history and the risk level to
which the offender was assigned.
NOTE: The above data is being referred to the law enforcement agency of original
jurisdiction because experience has indicated that the vast majority of released
offenders return to their original community of residence.
a. Upon receipt of assessment and data! the agency will open a file in
.... the offender's name. The data contained in this file will be treated
as public data, except for those portions designated by th.
Department of Corrections or other responsible authority with sam
other classification.
b. As soon as reasonably possible upon receipt of the assessment and
data! but not more than 30 days! the agency shall review and
. determine whether or not to request the committee conduct a
reassessment of the assigned risk level. In making the
determination¡ the agency may consult with other appropriate law
enforcement and prosecutorial agencies. If the agency determines
to seek reassessment¡ a written request for reassessment¡ along
with all supporting datal shall be forwarded to the Director of the
Sex Offender/Chemical Dependency Services Unit as soon as
reasonably possible. Once the requested review is completed¡ or if
the agency accepts the original risk level assessment¡ the agency
shall proceed with preparation of the community notification plan¡
consistent with the assigned risk level.
2. Within five days after receiving the offender's approved release plan from the
office of adult release¡ the appropriate department shall give to the law
enforcement agency having primary jurisdiction where the offender plans to
reside¡ all relevant information the department has concerning the offender¡
including information on risk factors in the offender's history and the risk level to
which the offender was assigned.
3. Community Notification Plan
a a. For each offender who falls within Section 11.A.1 and 2 of this
policy¡ a community notification plan will be established. Upon
.., receipt of the information described in Section A. of this policy¡ a
good faith effort shall be mãde to complete the plan at least
fourteen (14) days before the offender is released from
confinement or accepted for supervision.
b. The notification plan will be consistent with the risk level
assessment established by the Department of Corrections¡ and
include the preparation of an Offender Fact Sheet.
c. Offender Fact Sheet - An offender fact sheet shall¡ at minimum¡
include:
1. The date the fact sheet was issued.
2. The Minnesota State Identification Number
3. The agency responsible for the fact sheet.
-- -~~-
4. Legal authority under which the fact sheet was
prepared
. 5. A method of contacting the law enforcement agency
for further information.
6. A Statement of the Offender's Rights.
7, The name, date of birth and physical description 0'
the offender.
8. A recent photograph, if available.
9. A Statement of the Offense for which the offender
was convicted, or other legal basis for the offender's
confinement.
10.A brief description of the facts of that offense. This
description should be written in a manner, which shall
not disclose the identity of the victims of, or witnesses
to, the offender's offenses. The description of the
offense should be written in a manner so as to not
unreasonably arouse the anger of those who review
it, or jeopardize the safety of the offender. The
agency may use the offense summary information
provided by the End of Confinement Review
Committee for the offense summary.
11. The Department of Corrections assigned Risk Level. .
-
12. The address at which the offender intends to reside.
In most circumstances, this should not include the
specific street number of the residence.
13.The scope of the Community Notification Law.
NOTE: To meet the above provisions, the agency may use a fact sheet similar to
Addendum 1 of this policy.
B. Law Enforcement Disclosure of Information to Public
The law enforcement agency in the area where the sex offender resides, expects to
reside, is employed, or is regularly found, shall disclose to the public any information
regarding the offender contained in the report forwarded to the agency under Section
ILA. 1 and 2 of this policy, if the agency determines that disclosure of the information
is relevant and necessary to protect the public arid to counteract the offender's
dangerOtJsnesr- T~ ~xte~t of the information disclo~d..end the community to whom
disclosure is made must relate only to and include all of the following: 1) the level of
danger posed by the offender, and 2) the offender1s pattern of offending behavior, and
3) the need of the community members for information to enhance their individual an.
collective safety.
C. Level I ~ For a Risk Level I Offender a fact sheet may be distributed as follows:
1. Mandatory Disclosure
· 2. Discretionary Disclosure - The fact sheet may be given to:
a. Any witnesses to the offense committed by the offender who have
requested disclosure if that request has been made known to the
agency, and if the agency has provided an address for the
witness(es) with which to communicate the information.
b. Any other law enforcement agency where the offender is likely to
be encountered,
3. Offender criminal history records may be disclosed to the extent such a record is
classified as public data and as authorized under Section V. of this policy.
4. Requests for data not contained in the Fact Sheet shall be provided in
accordance with Section II, B. of this policy.
D. Level II - For a Risk Level II Offender who is placed in a residential facility, disclosure
shall be as follows:
1. Mandatory Disclosure
,...,. Disclosure shall be made to all persons and entities to which Level II disclosure
would be made.
2. Discretionary Disclosure
Additional Level II disclosure may not be made until the head of the facility
notifies the Commissioner of Corrections or the Commissioner of Human Services
that the offender's placement or residence in the facility is scheduled to end,
Upon receipt of this notification, the agency may make disclosures as authorized
in paragraph (E) below.
E. Level II - For a Risk Level II Offender not placed in a treatment facility, a Fact Sheet
may be distributed as follows:
1. Mandatory Disclosure
Disclosure shall be made to all persons and entities to which Level I Disclosure
would be made.
2. Discretionary Disclosure
.-
Additional disclosure may be made to the following groups and agencies the
- offender is likely to encounter for the purpose of securing those institutions and
protecting individuals in their care when they are on or near the premises of the
institution.
In determining the public and private educational institutions, day ca.
establishments, and other establishments and organizations, if any, who will b
given the fact sheet under this provision, the agency may consider the offender's
prior history, offense characteristics, employment, recreational, social, and
religious interests; and the characteristics of likely victims. The agency should
consult with any other law enforcement agencies with primary jurisdiction over
which the offender is likely to be encountered.
The agency may also disclose the information to individuals the agency believes
are likely to be victimized by the offender. The agency's belief shall be based on
the offender's pattern of offending or victim preference as documented in the
information provided by the Department of Corrections or Human Services.
Those groups include:
a. Public and private educational institutions, including staff members
b. Day Care establishments, including staff members
c. Establishments and organizations that primarily serve individuals
likely to be victimized by the offender.
3. Offender criminal history records may be disclosed to the extent such a record iil
classified as public data and as authorized under Section V. of this policy. .....
4. Requests for data not contained in the Fact Sheet shall be provided in
accordance with Section II B. of this policy.
F. Level III - For a Risk Level III Offender who is place in a residential facility, disclosure
shall be as follows:
1. Mandatory Disclosure
Disclosure shall be made to all persons and entities to which Level I disclosure
would be made.
2. Discretionary Disclosure
Additional Level III disclosure may not be made until the head of the facility
notifies the Commissioner of Corrections or the Commissioner of Human Services
that the offender's placement or residence in the facility is scheduled to end.
Upon receipt of this notification, the agency may make disclosures as authorized
--- in paragraph (g) below.
I
G. Level III - For a Risk Level III Offender not placed in a treatment facility, a Fact She~
may be distributed as follows:
1. Mandatory Disclosure
· Disclosure shall be made to all persons and entities to which Level I and Level II
disclosure would be made.
2. Discretionary Disclosure
a. Additional disclosure of the fact sheet may be made to any other
members of the community the offender is likely to encounter.
1. In determining the establishments and organizations
who will be given the fact Sheet under this Provision,
the agency may consider the offenders prior history,
offense characteristics, employment, recreational,
social, and religious interests, and the characteristics
of likely victims. The agency should consult with any
other law enforcement agencies with primary
jurisdiction over which the offender is likely to be
encountered.
2. The agency shall meet with community members
including a public meeting, as defined by (Minn. Stat.
471.705), in the area where the sex offender will
.- reside oris likely to be found. If a public meeting is
....,. determined not to be appropriate in a specific case,
the reason the meeting was not held will be
documented in the agency's case filès.
3. The agency shall make reasonable efforts to notify
members of the community through appropriate use
of public information resources, including the news
media.
4. In conducting a community notification meeting, the
agency will give due regard to, and address the.
essential components of, the community notification
fact sheet created under this policy. The agency will
consider and use as appropriate a variety of
informational approaches, which may include:
a. Description of the communìty
notification law and sex offender
registration law
- b. Relevant information concerning the
offender who is subject to the
-
notification
c. Information which will promote public
safety and protection from other
offenders who may not be subject .
notification
d. An explanation of the rights of the
offenders to be free of illegal
harassment
e. Assistance of community leaders, other
officials and relevant professional
disciplines
f. Information relevant to the scope of
notification for the offender who is
subject to notification
g. Information about what to do or who to
call if the offender is encountered, or
concerning the offender's activities
h. General personal safety and crime
prevention tips, fact sheets or related
materials .
......
i. Information concerning general sex
offender and predatory offender
cha racteristics
H. Exchange of information between law enforcement agencies
The agency may provide any data in its possession obtained under the community
notification or sex offender registration statutes to another law enforcement agency
which is initiating or conducting an investigation, or to assist that law enforcement
agency in conducting community notification or sex offender registration.
1. Re-notification
1. When an offender notifies an agency of the intent to move from the jurisdiction,
or within the jurisdiction, the agency shall:
a. Assist the offender in completing the Sex Offender Chang_~of
Address Notice. Once completed, a copy of the form shall be sent
to the chief law enforcement officer of the jurisdiction which the
offender intends to move, and the Minnesota Bureau of-
Apprehension. A copy will be retained for the agency's files. -
b. Upon request of the agency in the jurisdiction to which the offender
intends to move, the agency shall provide the agency with all
. information pertaining to the offender in its possession which is
requested.
2. An agency shall periodically review all community notification files to determine if
re-notification of the community is appropriate. In making that determination;
the agency should consider the nature and characteristics of the community,
including the extent of changes in its population and membership.
3. Upon receipt from the Department of Corrections of a reclassification of an
offender risk level, the agency shall proceed with the development and
distribution of a community notification plan as set forth in paragraphs II (A)(2)
above.
III. Community Notification - Sentencing Guideline Dispositional Departures
A. Pursuant to (Minn. Stat. 244.10, Subd. 2a), in any case in which a person is convicted
of an offense which requires registration under (Minn. Stat. 243.166), and the
presumptive sentence under the sentencing guidelines is commitment to the custody of
the Commissioner of Corrections, if the court grants a dispositional departure, the
probation or court services officer assigned to supervise the offender shall provide in
writing to the agency the fact that the offender is on probation and their terms and
. conditions of probation. .
B. Upon receipt of notice from a court services or probation officer under this provision, a
file in the offender's name will be opened. The data contained in this file is· classified as
public data.
C. Community Notification Plan
1. For each offender who falls within the scope of this policy, a community
notification plan will be established. A good faith effort shall be made to prepare
the notification of the plan as soon as reasonable possible.
2. The notification plan may be developed in consultation with the court services or
probation officer and prosecuting authority, and shall include the preparation of
and offender fact sheet.
3. Offender Fact Sheet - An offender fact sheet shall consist of public data unless
otherwise authorized by court order or consent of the offender, and a minimum
shall include:
a. The date the fact sheet was issued.
-
c. The Minnesota State Identification Number.
~
d. The agency responsible for the fact sheet.
e. The legal authority under which the fact sheet was prepared.
f. A method of contacting the law enforcement agency for furth'
information.
g. A statement of the offender's rights.
h. The name, date of birth and age of the offender.
i. A recent photograph, if available.
j. A statement of the offense of which the offender was convicted.
k. A brief description of the facts of that offense. This description
should be taken from court records and written in a manner which
protects the identity of the victim and witnesses to the offense to
the extent it is reasonably possible to do so. The description of the
offense should be written in a manner so as to not unreasonably
arouse the anger of those who review it, or jeopardize the safety of
the offender.
I. The scope of the community notification law.
m. To meet the above provisions, the agency may use a fact she.
similar to Addendum 2 of this policy. '......
D. Distribution of the Offender Fact Sheet
1. A copy of the fact sheet shall be mailed to the offender.
2. Disclosure may be made to the following groups and agencies the offender is
likely to encounter:
a. Public and private educational institutions
b. Day care establishments
.
c. Establishments and organizations that primarily serve individuals
likely to be victimized by the offender.
In determining the establishments and organizations who will be given the fact sheet
under this provision, the agency may consider th~ offender's prior history, offense
characteristics, employment, recreational, social, and religious interests; and the
characteristics of likely victims.
-
IV.Community Notification - All Other Registered Offenders ~
. A. This policy recognizes that under Minnesota Statutes not all persons who are required
to register under (Minn. Stat. 243.166) fall within the scope of the Community
Notification Act.
B. Any data in the possession of the agency concerning an individual who is required to
register, but is not subject to the Community Notification Act, shall be administered,
collected, maintained and disseminated consistent with (Minn. Stat. 13.82) or any other
relevant provisions of law.
V. Criminal History Conviction Data
A. (Minn. Stat. 13.87) classifies certain conviction data for adult and certified juvenile
offenders as public data and requires the Bureau of Criminal Apprehension to allow a
member of the public to inspect that data at its offices at no charge.
B. Data which is not èonviction data is classified as private data and may not be disclosed
except as authorized by the Minnesota Government Data Practices Act and the data
practices policy of this agency.
C. Conviction data is classified as public only until fifteen years has elapsed since the
offender was discharged from the sentence imposed for the conviction. Following that
. time, conviction data is classified as private data.
D. The following data obtained from Bureau of Criminal Apprehension records for
conviction offenders for which less than fifteen years have passed since expiration of
sentence may be disclosed as public data:
1. Offender name and date of birth
2. Charged offense) conviction offense and level of offense (felony or
misdemeanor)
3. Arresting agency and case number
5. Court of conviction and court file number
6. Sentence which was imposed
7. Institution of confinement, if any
8. Minnesota State Criminal History (SID) Number
-
-
ADDENDUM'
SEX OFFENDER INFORMATION FACT SHEET
LEVEL NOTIFICATION OF RELEASE
(LAW ENFORCEMENT AGENCY)
Minnesota State Identification #
I AGENCY CASE NUMBER: DATE: I
The (agency) is releasing the following information pursuant to Minnesota Statute 244.052,
which authorizes aw enforcement agencies to inform the public of a sex offender's release from prison or
a secure treatment facility when; the agency believes the release of information will enhance public
safety and protection.
The individual who appears on this notification has been convicted of a sex offense or other
offense that requires registration with the law enforcement agency which has jurisdiction over their
residence.
This offender has served the sentence imposed by the courts and will be living in the location
below. THIS OFFENDER IS NOT WANTED BY THE POLICE AT THIS TIME. T~
NOTIFICATION IS NOT INTENDED TO INCREASE FEAR. IT IS OUR BELIEF THAT
INFORMED PUBLIC IS A SAFER PUBLIC.
The (agency) has no legal authority to direct where an offender mayor may not live. Unless
court ordered restrictions exist, an offender is constitutionally free to live wherever the offender chooses.
Further, their previous criminal history places them in a classification level which reflects the potential
to re-offend.
Sex offenders have always lived in our communities; but is was not until passage of the
Community Notification Act and Registration Act that law enforcement even knew where they were
living. In many cases, law enforcement is now able to share information with you. Abuse of this
information to threaten, intimidate or harass registered offenders will not be tolerated and may be a
cnme. Further, such abuse could potentially end law enforcement's ability to do community
notifications. We believe the only person who wins if community notification ends is the sex offender,
since sex offenders derive their power through secrecy.
The (agency) is available to help you by providing you with useful information on personal
safety. The (agency) may be reached at ( ) - . If you have information regarding
current criminal activity of this or any other offender, please call 9-1-1.
(Name and Date of Birth of Offender) -
(Recent Photo of (Age of Offender) -
Offender)
(Physical Description of Offender)
. (Statement of Offense of which the offender was convicted, or other legal basis for the offender's
confinement. )
(Description of the facts of the offense)
(General Address of the Offender)
This notice is intended to provide you with information concerning this offender. The
Community Notification does not apply to all persons who are sexual offenders, but as a result of that
Act and registration laws, law enforcement is now better able to locate and be better aware of activities
of thousands of stich offenders.
.
-------.,..,...~"'-,,--.----. ;t.-,= '. '-'~i¡'--~'~
-
-
ADDENDUM'
SEX OFFENDER INFORMATION FACT SHEET
NOTIFICATION OF PROBATION
(LAW ENFORCEMENT AGENCY)
SEX OFFENDER REGISTRATION DETAIL
Minnesota State Identification #
I AGENCY CASE NUMBER: DATE: I
The (agency) is releasing the following information pursuant to Minnesota Statute 244.10,
subdivision 2a, which authorizes law enforcement agencies to inform the public of a sex offender who
was placed on probation rather than imprisoned or presumed to be the appropriate sentence under the
Minnesota Sentencing Guidelines. This disclosure is limited by statute to allow release of information
classified as public data, and is allowed when in the discretion of the agency, the release of information
will enhance public safety and protection.
The individual who appears on this notification has been convicted of a sex offense that requires
registration with the law enforcement agency which has jurisdiction over their residence.
This offender has advised the (agency) that he will be living in the community. T~
OFFENDER IS NOT WANTED BY THE POLICE AT THIS TIME. THIS NOTIFICATION IS NOT
INTENDED TO INCREASE FEAR. IT IS OUR BELIEF THAT AN ll\TfORMED PUBLIC IS A
SAFER PUBLIC.
The (agency) has no legal authority to direct where an offender mayor may not live. Unless
court ordered restrictions exist, an offender is constitutionally free to live wherever the offender ch90ses.
Sex offenders have always lived in our communities; but is was not until passage of the
Community Notification Act and Sex Offender Registration Act that law enforcement even knew where
they \vere living. In many cases, law enforcement is now able to share information with you. Abuse of
this information to threaten, intimidate or harass registered offenders will not be tolerated and may be a
cnme. Further, such abuse could potentially end law enforcement's ability to do community
notifications. We believe the only person who wins if community notification ends is the sex offender,
since sex offenders derive their power through secrecy.
The (agency) is available to help you by providing you with useful information on personal
safety. The (agency) may be reached at ( ) - . If you have information regarding
current criminal activity of this or any other offender, please call 9-1-1.
= -~
...-:c ~---=-
(Name and Date of Birth of Offender) -
(Recent Photo of (Age of Offender) -
Offender)
(Physical Description of Offender)
(Statement of Offense of which the offender was convicted, or other legal basis for the offender's
confinement. )
(Description of the facts of the offense)
(General'Address of the Offender)
This notice is intended to provide you with infoffilation concerning this offender. The
Community Notification Act does apply to all persons who are sexual offenders, but as a result of that
Act and registration laws, law enforcement is now better able to locate and be better aware of activities
of thousands of such offenders.
.....
-,- ..-.
.