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92-074 /" :.. e' . . . RESOLUTION NO. 74 -92 A RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT RELATING TO THE EMPLOYMENT OF POLICE CHIEF AND POLICE OFFICERS SO AS TO PROVIDE FULL TIME POLICE PROTECTION FOR THE CITIES OF EXCELSIOR, TONKA BAY, GREENWOOD AND SHOREWOOD WHEREAS, the City Council has the responsibility for providing law enforcement within the City of Shorewood, to enforce the ordinances of the City and laws of the state of Minnesota; and WHEREAS, M.S.A. 471.59 provides that cities may enter into joint and cooperative agreements; and WHEREAS, the cities of Excelsior, Tonka Bay, Greenwood and Shorewood wish to enter into a joint and cooperative agreement extending the life of existing joint police force, the South Lake Minnetonka Public Safety Department, through December 31, 1997. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood: 1. That the ci ty of Shorewood enter into the j oint and cooperative agreement which' is attached hereto and made a part hereof as Exhibit A. That the Mayor and city Administrator be instructed to sign all documents and do all acts which are necessary to effectuate this resolution. 2. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of August, 1992. ATTEST: . . . SOUTH LAKE MlNNETONKA PUBLIC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A YOUNG Chief of Police (612) 474-3261 :M~:MQ.R~!i!2!l:M To: Coordinating Committee City Manager/Administrators Richard Young, Police Chie~ July 30, 1992 0 From: Date: Subject: Joint Powers Agreement As instructed at yesterdays Coordinating Committee meeting, I have prepared a new Joint Powers Agreement for the term of five years, demand formula. There are no other changes other that the updating or technical changes as explained in a previous memo and outlined below which reflect current practices. I have enclosed two documents. The first shows strikeouts and additions to the current document. The second is a clean copy incorporating the changes shown in the first document. The only change on the first page is the date from 1988 to 1993. The only change on the second page is the removal of a coma after Shorewood in the second line of Section 3. The third page has a change on the forth line from shall to may appoint an alternate. This is to make the document consistent with the previous definition in Section 2 - b, which uses the word may instead of shall. Also on the third page in the second line of Subdivision 2 of Section 5 there are two changes. The first is merely to capitalize the word order in Roberts Rules of Order. The second eliminates the election of a secretary. To my knowledge we have never elected a secretary and even if we did there are no duties for such a position. In Section 6, Subdivision 7, it states we shall designate and appoint a clerk-treasurer, which is what we have done. There are no changes on page four. On page five, first paragraph, seventh line, the change is merely to capitalize the word chairman. Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay : . . . Also on page five, the entire portion of Subdivision 2 which dealt with the phasing in of the demand formula has been removed since this has been accomplished. On page six, Subdivision 1, all dates have been changed. In the fourth line the word agreement has been capitalized. On the sixth line, the term secretary-treasurer was changed to clerk-treasurer. We do not have a secretary-treasurer under the authority of the Agreement. Also on page six, Subdivision 3, the word agreement was capitalized three times. There are no changes on page seven. On page eight, Subdivision 4, fifth line, the term Workman's Compensation is no longer appropriate and it is now called Worker's Compensation. The last changes are in Section 10. In the first line the word agreement is capitalized. In the seventh line the term municipal court has been changed to district court. Municipal court no longer exists and all cases now go to district court. If you have any questions or note further minor changes, please contact me. . JOINT AND COOPERATIVE AGREEMENT RELATING TO THE EMPLOYMENT OF POLICE CHIEF & POLICE OFFICERS SO AS TO PROVIDE FULL-TIME POLICE PROTECTION FOR THE CITIES OF EXCELSIOR, GREENWOOD, SHOREWOOD AND TONKA BAY COMMENCING JANUARY 1, 1993 The parties to this Agreement are municipalities of the State of Minnesota which have the responsibility for providing for law enforcement within their respective cities so as to enforce the ordinances of these cities and the laws of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59. Section 1 General Purpose . The general purposes of this Agreement are to provide for the employment of a full-time chief of police to act on behalf of the parties to this Agreement, and to provide said person with such assistance in the form of police officers, equipment and supplies as may be necessary so as to provide the parties with law enforcement services in the discharge of the duties imposed upon said municipalities to protect the health and welfare of their citizens and property located within their cities. It is the opinion of the parties to this Agreement that joint action in employing and creating a joint police force to serve the four communities will result in a higher standard of police service, closer control of the police force by the municipalities it serves, and in the long run more efficiency and financial savings to the communities. Section 2 Definition of Terms For the purpose of this Agreement, the terms in this section shall have the meanings given them. a. "Committee" means the organization created under this Agreement, the full name of which is the "Coordinating Committee for South Lake Minnetonka Public Safety." b. "Committeeman" means a member of the committee. There shall be one committeeman, from each governmental unit which is a party to this Agreement, which committeeman shall be the mayor of said governmental unit. An alternate may be appointed to serve when the mayor is unable to attend the meetings of the committee. . c. "Council" means the governing body of the governmental unit which is a party to this Agreement. d. "Governmental unit" means- a city or municipality. e. "Original party" means a governmental unit which elects to become one of the original parties to this Agreement. . . . 2 f. "Later party" means a governmental unit which enters into this Agreement at some time after the Coordinating Committee is originally constituted. g. "Party" means governmental unit which enters into this Agreement. h. "SLMPSD" means the "South Lake Minnetonka Public Safety Department", which shall be the name of the police force created hereunder. i. "Demand" means the number of hours spent by officers while on duty in an individual city, or on matters originating out of an individual city. Hours spent by officers not attributable to anyone city shall be apportioned to all of the cities based upon their other demand. All hours shall be recorded and kept by each officer and shall be compiled by the chief of police on a monthly basis to determine the percentage of total police man hours attributable to the various cities. Officer time spent at the police station shall not be charged to the city in which the station is located unless the officer is specifically assigned to cases originating in that city. Section 3 Membership Parties to this Agreement are the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay. Any other governmental unit adjacent to anyone of said cities may become a later party to this Agreement upon consent of the parties to this Agreement. Section 4 Governing Body Subdivision 1. The committee, consisting of one committeeman from each party, shall be the governing body. Each committeeman shall have an equal voice in the affairs of the committee. Subdivision 2. The person holding the office of mayor of a party to this Agreement shall be. a committeemen and serve on the committee as representative of said party; an alternate commi tteeman may be appointed by the council of each party from the members of said council to serve for a term of one calendar year and represent said party on the committee in the absence of the mayor; the committeeman and alternate shall serve without compensation from the committee. Subdivision 3. A majority of the committeemen shall constitute a quorum at meetings of the committee. . . . 3 Subdivision 4. A vacancy on the committee shall be filled by the council of the parties whose position on the committee is vacant. No committeeman shall be eligible to vote in behalf of his party during the time that such party is in default on any financial payment required to be paid under the terms of the Agreement nor shall the vote of such party be counted for the purposes of determining a quorum. Section 5 Execution of Agreement Meetings, Election of Officers Subdivision 1. Each party shall execute this Agreement through its proper officers by authority conferred by the governing body of the governmental unit. The clerk of such parties shall duly file an executed copy of this Agreement with the clerk of each of the other parties with a certified copy of the Resolution. Subdivision 2. Business of the committee shall be conducted according to the Roberts Rules of Order and a Chairman shall be elected. Regular meetings of the committee shall be held once each quarter as follows: The second Wednesday of January, the second Wednesday of April, the second Wednesday of July, and the second Wednesday of October. The purpose of the regular meetings shall be to set budgets and review expenditures. Special meetings shall be at the call of any committeeman; notice of such a meeting shall be sent to the clerk of the parties to this Agreement and shall be mailed at least three days prior to the date of the meeting. Section 6 Powers and Duties of the Committee Subdivision 1. The powers and duties of the committee shall include the powers set forth in this section. Subdivision 2.' It shall establish qualifications and duties for the position of chief of police of the parties. Subdivision 3. It shall hire said person to act as chief of police for the parties at such salary and in accordance with such terms and conditions of employment as it shall determine. Subdivision 4. It shall provide office space, equipment and supplies as necessary to accomplish the duties and responsibilities of law enforcement within the boundaries of the parties. Subdivision 5. Upon recommendation of the chief of police, the committee shall approve the employment of such other persons to assist the chief of police as is required for the purpose of creating a full-time police force to enforce the ordinances and laws of the State of Minnesota within the boundaries of the parties. . . . 4 Subdivision 6. It shall make a financial accounting and report to the parties at least twice each year. All of its books, reports and records shall be available for and open to examination by the parties at all reasonable times. Subdivision 7. It shall designate a deputy chairman from among the committeemen; it shall designate and appoint a clerk-treasurer to serve the committee who need not be a member of the committee. Subdivision 8. It may accumulate reasonable reserve funds for the purposes as herein provided and it may invest funds of the committee not currently needed for its operations in a manner and subject to the laws of Minnesota applicable to cities. Subdivision 9. It may collect monies from parties subject to this Agreement. It may recommend changes in this Agreement to the parties which shall be effective; however, only upon agreement of the governing bodies of all parties. Subdivision 10. It shall exercise general supervision over the law enforcement and standards of law enforcement for the parties. Subdivision 11. The committee shall have the authority to approve the recommendations of the chief of police to discipline or terminate employment and authority of any employee, sworn and non- sworn, all subject to and in accordance with the laws of the State of Minnesota. Section 7 Financial Matters Subdivision 1. Except as otherwise provided herein, the committee funds may be expended by the committee in accordance with procedures established by law for the expenditure of funds by Minnesota cities. Orders, checks and drafts shall be signed by at least two persons, who shall be designated by resolution of the committee, one of whom shall be the clerk-treasurer. Other legal instruments of the committee shall be executed by the Chairman as designated by the committee. During the absence or disability of any of the officers designated to sign checks, drafts and other legal instruments, their al ternates may execute the same as authorized by the committee. Subdivision 2. The annual dollar contribution of each of the original parties toward payment of the cost of law enforcement in each of the budget years shall be determined on the basis of Demand. The Demand figures for each year shall be determined by multiplying the approved budget for each year by the percentage of Demand of each of the parties as calculated from the records maintained by the chief of police. Demand will be based on a five year average of the parties. . . . . . 5 The maximum annual budget shall be set by each city determining the number of dollars it proposes to pay for police protection. This figure shall be converted to percentage of budget contribution and the lowest total budget so computed shall thereupon be the established budget for the calendar year. If no determination is reached on budget matters by September 1st of each year, then the total budget amount shall continue at the previous year's level. Section 8 Duration Subdivision 1. This Agreement shall take effect January 1, 1993 and shall continue through December 31, 1997 or, thereafter, from year to year. None of the parties shall wi thdraw from this Agreement prior to December 31, 1997. Withdrawals on that date may be accomplished by the party filing notice with the clerk-treasurer of the committee by August 1 of that year, giving notice of withdrawal as of the end of that year. In such case, financial obligations shall continue until the effective date of withdrawal. Subdivision 2. Cash assets and proceeds from non-cash assets held by the committee at the time of dissolution or withdrawal of any party to this Agreement shall be divided and distributed to the parties in proportion to the contributions made by the parties to the total cost of law enforcement during the period of this Agreement. If the cities can not agree with respect to the value of non-cash assets, two appraisers will be selected by the committee to appraise the non-cash assets. The two appraisers so selected will select a third appraiser. The values as determined by a majority of the appraisers shall be attributed to the non-cash assets in question. Subdivision 3. As an exception to the prov~s~on of subdivision 1, in the event the corporate existence of a party is terminated, or a party is consolidated with another municipality not a party to this Agreement, then the obligations of such party hereunder shall cease as of the effective date of such termination or consolidation. If said effective date shall occur at a time other than the end of a budget year, the withdrawing party's financial obligation for the budget year in progress at the time of said effective date shall be pro-rated for such budget year as of said effective date. The withdrawal of a party under this subdivision shall not automatically terminate this Agreement or the obligations of the remaining parties. Following such a wi thdrawal the percentage of the approved budget payable by each of the remaining parties for each ensuing budget year during the term of the Agreement shall be adjusted such that each party's percentage remains in the same proportion to that of the other remaining parties as originally established under Section 7 hereinabove; accordingly, the adjusted percentage for each remaining party shall be calculated by dividing a party's percentage, as hereinabove set forth in Section 7, by the sum of the percentages of all remaining parties. V> . . . 6 In the event of withdrawal of a party under this subdivision the remaining parties will establish a new budget for the remainder of the year pursuant to the provisions of Section 7, Subd. 2 hereinabove. Section 9 Officers and Employees Subdivision 1. The chief of police employed by the committee shall serve as chief of the parties hereto and he shall have the following duties and be invested with the following authority: 1. He shall be in full and complete charge of all personnel matters and employees of the department including sworn and non-sworn. . 2. He shall set and determining degree of service and standards of performance of police officers and non-sworn employees. 3. He shall be in complete charge of all matters relating to law enforcement and to its administration, including assignment of duty and responsibilities to all employees. 4. He shall act for the committee in interviewing and considering applications for employment of all employees, and he shall make his recommendation to the committee of the person who in his judgment is best qualified to fill any employment vacancy. 5. He shall act for the committee in disciplining employees, sworn and non-sworn. 6. He shall be the committee's representative on labor grievance matters, and he shall recommend to the committee all action which in his opinion is appropriate to be taken to discipline officers or to discharge officers. Such recommendations shall be in accordance with the laws of the State of Minnesota and outstanding contractual agreements governing the same. . Subdivision 2. The chief ~f police shall be responsible for developing from time to time new job description for various positions within the department he deems necessary for the efficient operation of the department. Subdivision 3. It shall be the duty and responsibility of the chief of police to communicate directly with the respective councils of the member cities in the event he deems it necessary to receive direction on any matter arising out of or involving the jurisdiction of any particular council. ~ . . .. ._~;;'{f /--' ,..-~\ ~cQJ(/) 7 . Subdivision 4. All police officers employed by the committee, including the chief of police, shall enforce and be provided authority to enforce the laws of the parties to this Agreement through proper action OE- the council of said parties. The committee shall assume all obligations with regard to Worker's Compensation, PERA, withholding tax, insurance, union negotiations, fringe benefits, Social Security and the like for all employees including the chief of police and all police officers assigned to assist him in the performance of law enforcement duties within the boundaries of the parties hereto. Section 10 Prosecution - Violation of Ordinances and Laws . The respective parties to this Agreement shall be responsible for and pay the cost of all prosecutions for violations occurring within their respective boundaries which are subject to prosecution by a party's municipal attorney, including expenses incurred by reason of police officers making their services available for court appearances in such prosecutions. All returns of fines from district court shall be the sole property of the party in whose jurisdiction the offense occurred. IN WITNESS WHEREOF, the Cities of Excelsior, Greenwood, Shorewood and Tonka Bay have caused this Agreement to be executed in their behalf by their proper officers duly authorized by resolution of their respective city councils. IN PRESENCE OF: 1Y1~ 710 ~ ~~~ J ~~ &~d~ As to ty 0 celsior. CITY OF GREENWOOD hp0>1;;::;) By ~ ? :a ./~ ~~ ~--?'h Mayor ~J~ Greenwood JIlJ7ditV q ;ft1rnJiiJ Date {/4' /9:0 Clerk . . "l,. . . . ([~'l ,-;::::> (... i)! :\. ,..., i ;:... "'-='~"./ w 8 ~~.~ K~~-+2- As to City'of S orewood Date <iIJD/ql J , (A?&I~ i~g~ll-1~7( d1, . .~/fJ k As to City of To a Bay CITY OF TONKA BAY B&#~ ~ r:o<-~ ~~ Date <is - I '3 - OJ z... Mayor Clerk