Multijurisdictional Drug Task Force AgreementTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
September 11, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amended Multijurisdictional Drug Task Force Agreement - City of
Dubuque, Dubuque County, City of East Dubuque, Illinois and Jo Daviess
County, Illinois
Chief of Police Kim Wadding recommends City Council approval of an Amended
Multijurisdictional Drug Task Force Agreement between the City of Dubuque, Dubuque
County, City of East Dubuque, Illinois and Jo Daviess County, Illinois, previously
approved at the April 16, 2007 City Council meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
Date: September 10, 2007
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding
Police Chief
Re: Amended Multijurisdictional Drug Task Force Agreement — City of Dubuque,
Dubuque County, City of East Dubuque, Illinois and Jo Daviess County, Illinois
INTRODUCTION:
The purpose of this memorandum is to seek approval of an amended Multijurisdictional
Drug Task Force Agreement between the City of Dubuque, Dubuque County, City of
East Dubuque, Illinois and Jo Daviess County, Illinois previously approved at the April
16, 2007 City Council Meeting.
BACKGROUND:
On April 16, 2007 the City Council approved the Multijurisdictional Drug Task Force
Agreement between the City of Dubuque, Dubuque County, City of East Dubuque,
Illinois and Jo Daviess County, Illinois. The agreement was signed by all the entities
with a copy forwarded to the Iowa Attorney General's Office by Ralph Potter, Dubuque
County Attorney.
During the Iowa Attorney General's Office review, two areas of clarification were
highlighted, the first was the duration of the agreement as it relates to Iowa Code 28E.5
(1) and the second to Iowa Code 28E.6 (1) (b) adding clarification language regarding
the manner of acquiring, holding and disposing of real and personal property used in the
joint cooperative undertaking.
DISCUSSION:
Although sections one (1) through six (6) remain the same, Section 7 has been
amended to clarify the purchase, ownership, and allocation and disbursement of funds
by the appropriate control group. For clarification, the agency termination language
found in Section 7 of the current agreement has been amended as a stand alone under
Section 8 in the amended agreement. Additionally, Section 9 has been added showing
the duration of the agreement is in perpetuity. The amended portions are highlighted in
gray italic in the following table. The amended agreement has been reviewed by City
Attorney, Barry Lindahl, and no material changes were found.
SECTION 7. Any party may terminate this
Agreement by providing not Tess than sixty (60)
days written notice to all other parties. Equipment
or other property acquired during the term of the
Agreement shall be distributed equally among the
parties upon termination of the Agreement based
upon each party's contribution toward the purchase
thereof.
SECTION 7. In the event it is deemed necessary to
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shall be distributed equally among the parties upon
termination of the Agreement based upon each
party's contribution toward the purchase thereof.
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SECTION 8. Any party may terminate this
Agreement by providing not less than sixty (60)
days written notice to all other parties.
SECTION 9. 7 °Trs .-3:
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RECOMMENDATION:
With the adjustments and clarifications outlined by the Iowa Attorney General's Office
addressed, I recommend approval of the amended Multijurisdictional Drug Task Force
Agreement with Dubuque County, the City of East Dubuque, Illinois, and Jo Daviess
County, Illinois.
ACTION REQUESTED:
Action requested is for City Council consideration and approval of the amended
Multijurisdictional Drug Task Force agreement between the City of Dubuque, Dubuque
County, the City of East Dubuque, Illinois and Jo Daviess County, Illinois.
Cc: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, City Attorney
Jeanne Schneider, City Clerk
E TFAIRIF-0 T
I (A
MULTIJURISDICTIONAL DRUG ENFORCEMENT AGREEMENT
BETWEEN AND AMONG flUv L��op NI 07
THE CITY OF EAST DUBUQUE, 1LLINOIS,
JO DAVIESS COUNTY, ILLINOIS,
THE CITY OF DUBUQUE, IOWA, AND
DUBUQUE COUNTY, IOWA
This Agreement, dated for reference purposes this Si- day of 1\-tcJ , 2007, is
entered into in compliance with Articles 7 and 10 of the Constitution of the State of
Illinois, the Intergovernmental Cooperation Act (5 ILCS 220/1, et seq. and 65 ILCS
5/111-2.1) and Iowa Code Chapter 28E of the 2007 Code of Iowa, by, between, and
among the City of East Dubuque, Illinois, Jo Daviess County, Illinois, City of Dubuque,
Iowa, and Dubuque County, Iowa to engage in a cooperative effort in criminal
investigations and prosecutions thereof, particularly involving illegal drug trafficking and
the use and distribution of controlled substances.
The City of East Dubuque, Illinois, Jo Daviess County, Illinois, the City of
Dubuque, Iowa, and Dubuque County, Iowa, agree as follows:
SECTION 1. The parties agree to cooperatively engage, as the Multijurisdictional Drug
Task Force, in authorized criminal investigations and prosecutions involving illegal drug
trafficking and the use and distribution of controlled substances within the respective
jurisdictions of the parties.
SECTION 2. No separate, legal entity will be created by this Agreement.
SECTION 3. This Agreement shall be administered by the Multijurisdictional Drug
Enforcement Joint Board (the Joint Board) comprising the Dubuque County Sheriff, the
Dubuque County Attorney, the City of Dubuque Police Chief, the City of East Dubuque
Police Chief, and the Jo Daviess County Sheriff.
SECTION 4. The Illinois members of the Joint Board shall appoint an Illinois Control
Group to conduct the operations authorized by the Joint Board in Illinois. The Iowa
members of the Joint Board shall appoint an Iowa Control Group to conduct the
operations authorized by the Joint Board in Iowa. Each Control Group shall for its
respective jurisdiction:
4.1 Establish criteria for the selection of investigative targets;
4.2 Allocate funds and investigative and prosecutorial resources that may be made
available to that Control Group;
4.3 Establish criteria for the prosecution of cases, including policies on the use of
informants, immunity, priority of targets, forfeiture, plea agreement goals, and choice of
federal or state forums for prosecution; and
IIIIII11I111III IIIII IIIIIIIIIIIIIIIIIININ11NIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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Recorded: 12/04/2007 at 11:55:05 AM
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Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2007-000 1 V 0 V
Attest:
4.4 Oversee ongoing investigations.
SECTION 5. Each party (the Indemnifying Party) shall defend, indemnify and hold
harmless the other parties (the Indemnified Parties) from and against any and all claims
of any kind that may be made against the Indemnified Parties arising out of the
negligence of the Indemnifying Party.
SECTION 6. Each party shall be solely responsible for any injuries or damages to such
party's employees and equipment.
SECTION 7. In the event it is deemed necessary to purchase equipment or property to
carry out a joint or multi -agency investigation, the purchase shall be funded jointly by
member agencies and said equipment or property shall be the joint property of the
members of this Agreement. Equipment or property acquired during the term of the
Agreement shall be distributed equally among the parties upon termination of the
Agreement based upon each party's contribution toward the purchase thereof. The joint
board is authorized to apply for funds, and to expend any money so received to carry
out joint activities under this Agreement. Disbursements for equipment, supplies or
services shall be made only with the approval of the governing board or appropriate
control group.
SECTION 8. Any party may terminate this Agreement by providing not less than sixty
(60) days written notice to all other parties.
SECTION 9. This duration of this Agreement shall be deemed to be in perpetuity.
ST DUBUQUE, ILLINOIS CITY OF 1 BUQUE, IOWA
1 ~
Geoff =a ow, Mayor
City of East Dubuque, 1
Attest:
ancy Ro - •
e, City Cler
DUBUQUE COUNTY, IOWA
Eric Manternach, Chairperson
Dubuque County Board of Supervisors
enise M. Dolan, Auditor
Roy D. uol, Mayor
City of Du•.uque, IA
Attest
eanne Schneider, City Clerk
Approved by the State's Attorney, Jo
Daviess, County, Illinois as to form and
compatibility with Illinois law.
77-
Terry M. urt, State's Attorney
JO DAVIESS COUNTY
Marvin Schultz, Chairperson
Jo Daviess County Board of Supervisors
Attest. i A/14i
eat Dimke, Jo vaviess County Clerk
ATTORNEY GENERAL'S APPROVAL
Pursuant to § 28E.9 of the Iowa Code, the Iowa Attorney General's Office hereby
approves as to the form of the 28E Agreement entered into by the jurisdictions of East
Dubuque, Illinois and Dubuque County, Iowa, the City of Dubuque, and Jo Daviess
County, Illinois with regard to a drug task force. Said Agreement is attached hereto.
Representative of Attorney Generals Office
lila'
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