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HomeMy WebLinkAbout[04e] Joint Powers 111 Council Agenda Item [04e] C TY OF ST,,J( EPR MEETING DATE: January 16,2019 AGENDA ITEM: Joint Powers Agreement—Requested Action: Authorize the Mayor and Police Chief to execute a Joint Powers Agreement with area law enforcement agencies(City and County)to allow for sharing of intelligence. SUBMITTED BY: Police Chief Dwight Pfannenstein BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The area Police Chiefs and Sheriffs recognize the importance of sharing of information and have agreed to form a group entitled Regional Criminal Tracking and Analyst Group. The participation of the St. Joseph Police Department in this cooperative does not include a cost, only collaboration; however it does require an agreement. St.Joseph is one of the last agencies to execute the agreement. The mission of the Sherburne County Sheriffs Office - Regional Criminal Tracking and Analyst Group-is to interface with federal,state,military,tribal and local law enforcement agencies,by being a primary point of contact for collection,evaluation, analysis, and dissemination of intelligence data and criminal background information in a timely and effective manner in order to detect and/or prevent criminal or terrorist activity, and to solve crimes. This mission shall remain consistent with the National Criminal Intelligence Sharing Plan. The purpose(goal)of the Regional Criminal Tracking and Analyst Group Privacy Policy is to ensure protection of the privacy,civil rights,and civil liberties of individuals and organizations pursuant to 28 C.F.R. Part 23,and, Minnesota Statues,Chapter 13. The goal of establishing and maintaining the Regional Criminal Tracking and Analyst Group is to further the following purposes: • Be an active participant in the Information Sharing Environment. • Increase public safety and security in the State of Minnesota, the region and to contribute to the security of the nation. • Mitigate or minimize the threat and risk of injury to all members of the public safety and health care communities. • Mitigate or minimize the threat and risk of damage to real or personal property. • Protect the individual privacy rights,civil rights or other protected interests a person or persons may have. • Protect the integrity of the criminal investigative,criminal intelligence, and justice system processes and information. • Foster relationships with persons or groups of people in an effort to promote cooperation between law enforcement and the community which it serves. • Make the most effective use of public safety resources BUDGET/FISCAL IMPACT: None ATTACHMENTS: Joint Powers Agreement REQUESTED COUNCIL ACTION: Authorize the Mayor and Police Chief to execute a Joint Powers Agreement with area law enforcement agencies(City and County)to allow for sharing of intelligence. JOINT POWERS AGREEMENT WHEREAS, the Sherburne County Sheriff seeks to further his collaboration with the area law enforcement agencies in the sharing of intelligence information for the identification of patterns and modes of criminal activity; and WHEREAS, the Sherburne County sheriff has developed a web site for Regional Criminal Tracking and Analysis (RCTAG) for criminal activity; and WHEREAS, the local area Chief Law Enforcement Officers have expressed an interest in joining together to share resources and information in their effort to further the safety in the communities that we all share; and WHEREAS, the above-entitled entities have the ability to join together pursuant to Minnesota State §471.59 (Joint exercise of powers act for law enforcement activities); NOW, THEREFORE, the Sherburne County Sheriff Joel Brott and the Chief Law Enforcement Officer Dwight Pfannenstein for the jurisdiction of City of St. Joseph, State of Minnesota hereby enter into the following Joint Powers Agreement: 1. The purpose of this agreement is for area law enforcement agencies to share intelligence information by identifying patterns and modes of criminal activity through a Regional Criminal Tracking Analysis (RCTAG). In carrying out the duties of the law enforcement function of sharing such information, the City of St. Joseph Police Department will be handling one or more types of information that is confidential data on individuals as defined by Minnesota Statute §13.02, subd. 3, and shall be deemed "protected information" under this Agreement. The parties agree that it is imperative for both parties that they are responsible for the proper handling of information and the safeguarding of information by its employees, subcontractors and authorized agents of the protected information that is collected, created, used, maintained or disclosed on behalf of the agency. This responsibility means that each agent, employee and subcontractor shall be properly trained regarding the handling of the information. This includes training on all applicable laws for the access to any of the information in the criminal justice system. Specifically, the City of St. Joseph Police Department shall agree to the following policies and laws: a. The Sherburne County Sheriff's Office Policy Manual Regional Criminal Tracking and Analysis Group (including any future amendments to the same) (attached and made part of this agreement); and b. The Sherburne County Sheriff's Policy covering its Mission Statement, Privacy Policy Purpose, Definition, Governance and Oversight, Policy Applicability and Legal Compliance, Information, Acquiring and Receiving Information, Information Quality Assurance, Collation and Analysis, merging of records, Use of Information by the RCTAG, Disclosure of Information Outside the RCTAG, Redress, Security Standards, Information Retention and Destruction, Accountability and Enforcement and Training requirements (including any future amendments to the same) (attached and made part of this agreement). In the use of such information, the City of St. Joseph Police Department, shall: • Not use or further disclose the protected information that has been created, collected, received, store, used, maintained or disseminated in the course of this agreement other than in accordance with the proscribed polices. • Ensure that the dissemination of the protected information is controlled by policy and any deviation of such policy shall be subject to the direct approval of the Sherburne County Sheriff. ▪ Use appropriate safeguards to prevent the use or disclosure of the protected information by its employees, subcontractors and agents other than as provided by policy set by the Sherburne County Sheriff's Office. The safeguards shall include physical protection of the information as well as secure internet for the sharing of such information. • Immediately report any breach of the policy of inappropriate use of the information which would include: the attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with the system operations. Any breach shall be reported immediately once known with a follow up within five business days in a written format. This report shall be made to: the RCTAG Unit Supervisor. The report shall identify the nature of the non- permitted use/disclosure, the identity if known or the person(s) who breached the system, the manner of such breach, actions taken to prevent the reoccurrence of the breach, actions taken to minimize the impact of the breach and any other information requested by the Sheriffs Office. The Sherburne County Sheriff shall have the right to audit any of the records or information created, maintained, assembled or held in any other form by the City of St. Joseph Police Department as it pertains to this agreement and intelligence information from RCTAG. The City of St. Joseph Police Department shall be responsible for actions, inactions, negligent or intentional act(s) of its agents, employees or subcontractors who have had or had access to the information found on the Regional Criminal Tracking and Analysis and shall defend and hold harmless the County of Sherburne, its elected officials, its employees, its agents and subcontractors from any and all claims, damages or other loss sustained by the County or third persons as a result of the City of St. Joseph Police Department's agents, employees or subcontractors or others under its direction and control. This Agreement shall be continued for an indefinite term until cancelled by either party with reasonable notice. Such notice shall be in writing and shall be directed to the chief law enforcement officer of the agency. The parties shall be required to provide such public funds and resources necessary to carry out the purposes of this agreement. No funds or assets shall be comingled, but shall be maintained by each agency for the purposes of insuring each parties' ability to fulfill its responsibilities of this agreement. If the Sherburne County Sheriff and the Chief of City of St. Joseph Police Department agree to allow exercise of authority of an officer appointed by one governmental unit within the jurisdiction of the other, the officer so designated by both the Sheriff and the Chief of Police shall have full and complete authority as if appointed by both units of government after administration of oath. Such officer shall have completed the professionally recognized Peace Office Pre-Employment education with the Minnesota Board of Peace Officer Standard Training as found comparable to the Minnesota Peace Officer Pre-Employment education and, the officer is duly licensed or certified by the police licensing or certification authority of the jurisdiction in which the officer's appointing authority is located. Any data practices requests shall be directed to the entity which initially created the data and shall be handled by their responsible authority. • That all documentation promulgated pursuant to this agreement shall be retained by the respective parties and shall be subject to the data retention schedule for their legal entities. Both parties to the agreement have provided evidence of insurance or trust agreements which provides coverage for the parties to this agreement. Such coverage shall include, but not be limited to worker's compensation, general liability coverage and business automobile liability coverage. The Sherburne County Sheriff is covered through the Minnesota Counties Intergovernmental Trust. The City of St. Joseph Police Department is covered by/through the League of Minnesota Cities Insurance Trust (LMCIT). This Agreement was entered into on the day of January, 2019 (the last signature notwithstanding). For the Sherburne County Sheriff's Office By: Joel L. Brott Its: Sheriff For the County of Sherburne By: Tim Dolan Its: County Board Chair For the City of St. Joseph By: Rick Schultz Its: Mayor For the City of St. Joseph Police Department 41% P4.0 By: Dwi w ht Pfan'enstein Its: Chief of Police