28E Agreement Easter Iowa Clan Lab Task Force
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MEMORANDUM
June 1, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Eastern Iowa Clan Lab Task Force - 28E Agreement
Police Chief Kim Wadding is recommending approval of the Eastern Iowa Clan Lab
Task Force - 28E Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(hJ/I ~ ~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
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MEMORANDA
Date: May 26, 2004
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding 4'.....
Police Chief I 'P-V
Re:
Eastern Iowa Clan Lab Task Force - 28E Agreement
INTRODUCTION:
The purpose of this memorandum is to seek approval of the attached 28E agreement
regarding the Eastern Iowa Clan Lab Task Force.
BACKGROUND:
The Governor's Office of Drug Control Policy received a federal grant from the Bureau
of Justice COPS office. The grant establishes an eighteen county Eastern Iowa Clan
Lab Task Force for the eastern portion of Iowa. The eighteen county region covers
most of the eastern border of Iowa. The grant opportunity supports a local staff of six
full-time and eight part-time local positions with the Iowa Department of Narcotic
Enforcement serving as operations coordinator.
Currently a similar task force exists in Central Iowa and is entering its third year of
operation. The Eastern Iowa Clan Lab Drug Task Force works in concert with state,
county, and local agencies to add expertise and staffing for investigating suspected
methamphetamine labs.
On April 19, 2004 the City Council approved our participation with the Eastern Iowa
Clan Lab Task Force by approving the addition of one full-time Dubuque police officer
for assignment with the Eastern Iowa Clan Lab Drug Task Force. As part of the
participation an intergovernmental 28E agreement has been prepared and is awaiting
adoption by all member agencies.
DISCUSSION:
The newly created Eastern Iowa Clan Lab Task Force offers a unique opportunity to
increase our ability to fight the growing number of methamphetamine drug labs
operating in our area with increased staffing and equipment. The Eastern Iowa Clan
Lab Task Force Officer will be located with the Dubuque County Drug Task Office.
Bill Blum, City Solicitor, has reviewed the Eastern Iowa Clandestine Lab Enforcement
Mutual Aid Agreement and found the agreement does comply with Chapter 28E of the
Iowa Code. In his review, Bill did comment on some wording references regarding the
use of "his" and "workmen's" suggesting a more generic terminology. Additionally Bill
was concerned regarding the command structure for reporting officers and a defined
termination period.
Due to these observations, contact was made with Kevin Struve, Iowa Assistant
Attorney General, and author of the 28E agreement. Because the Central Iowa Clan
Lab Task Force uses this 28E agreement and changes were never suggested, the
agreement was updated to reflect the formation of the Eastern Iowa Clan Lab Task
Force and sent as a final document. Many of the Eastern Iowa Clan Lab Task Force
members have signed the agreement making any changes difficult to obtain. In a follow
up conversation with Bill Blum, he felt that although adding these basic changes would
enhance the agreement, the original agreement meets the necessary requirements and
conditions to participate.
Regarding the command structure and termination observations, the 28E agreement
requires the establishment of uniform rules and regulations by the member sheriffs and
police chiefs. Through the rules and regulations we have the ability to better define the
command structure to ensure a full understanding of accountability and control for
participating officers. Concerning termination, the 28E agreement does allow any
member to terminate participation through the passage of a City Council Resolution.
Attached are Bill Blum's May 13, 2004 original comments and a copy of the East Iowa
Clan Lab Enforcement Mutual Aid Agreement.
RECOMMENDATION:
Although the observations mentioned by Bill Blum, City Solicitor, does enhance the 28E
agreement, the 28E agreement does meet the necessary requirements to participate.
Therefore, I recommend the Eastern Iowa Clandestine Lab Enforcement Mutual Aid
28E Agreement for City Council consideration and approval.
ACTION REQUESTED:
Action requested is to seek City Council approval of the Eastern Iowa Clandestine Lab
Enforcement Mutual Aid 28E Agreement.
Cc:
Bill Blum, City Solicitor
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
2
WilliamG. Blum
Solicitor
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 557-1310 office
(563) 583-1040 fax
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May 13, 2004
Kim Wadding
Chief of Police
City of Dubuque Police Department
770 Iowa Street
Dubuque, IA 52001
RE:
Eastern Iowa Clandestine Lab Enforcement Mutual Aid Agreement
Dear Kim:
I have reviewed the Eastern Iowa Clandestine Lab Enforcement Mutual Aid Agreement
and have the following comments:
1. In paragraphs 5 and 7, there are references to "his." Generally, we do not use
pronouns in these types of agreements. Not all police chiefs or sheriffs are male.
The term "Chief's designee" or similar language would be more appropriate.
2. In paragraph number 6, the proper term is "workers' compensation,"
3. One concern I have is that there is no mention of under whose command the
officers will report to during periods of mutual aid.
4. Paragraph 10 does allow a participating agency to terminate its participation in
the Mutual Aid Agr~ment without any prior notice. Often times, agreements
provide for a 30-100 day prior notice prior to any agency opting out.
5. The Agreement does appear to comply with Chapter 28E of the Iowa Code.
If you have any questions or concerns, please don't hesitate to call me.
Sincerely,
WGB:tls
Enclosure
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William G. Blum
City Solicitor
Service
People
Integúty
Ræponsibility
Innovation
Teamwmk
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Preparer
Information
Kevin B. Struve
Assistant Attorney General
Individual's Name
Iowa Department of Justice
1305 East Walnut
Des Moines
515281-5428
Street Address
City
Phoue
SPACE ABOVE TillS LINE FOR RECORDER
EASTERN IOWA CLANDESTINE LAB
ENFORCEMENT MUTUAL AID AGREEMENT
THIS MUTUAL AID AGREEMENT is made pursuant to Chapter 28E, Code ofIowa, 2003. It
shall be known as the Eastern Iowa Clandestine Lab Enforcement Mutual Aid Agreement and shall
include the Police Departments of the following cities under sanction by resolution of their respective city
councils of the following cities: city of Dubuque, city of Waterloo, city of DeWitt, city ofKeokuk, city of
Manchester, city of Tipton, city ofIowa City; and the Sheriff Departments of the following counties under
sanction by resolution of the Board of Supervisors of the following counties: Black Hawk County, Buchanan
County, Delaware County, Dubuque County, Jones County, Jackson County, Cedar County, Clinton County,
Scott County, Johnson County, Muscatine County, Washington County, Louisa County, Jefferson County,
Henry County, Des Moines County, VanBuren County and Lee County, The purpose of said agreement is
to establish a working mechanism among various Eastern Iowa Law Enforcement agencies, who may call
upon other members for exchange of assistance as required, to fulfill the goal of disrupting and reducing the
manufacture and distribution of methamphetamine and other illicit controlled substances in Eastern Iowa, by
improving the investigation and prosecution of said cases.
Pursuant to said purpose it is agreed as follows:
l.
AUTHORIZATION. The County Sheriff, Chief of Police or their designate in command
shall be authorized to render and request mutual law enforcement aid to and from the other
cities and/or counties to the extent of available personnel and equipment not required for
adequate protection of the governmental agency rendering aid.
2.
POWER AND A UTH 0 RITY. Law enforcement personnel provided under this agreement
to assist a member county or city shall have the same powers and authorities as law
enforcement ofthe respective county or city wherein they provide assistance as provided by
law including the power of arrest.
Page 1
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For the purpose of this agreement "law enforcement personnel" shall be defined as
peace officers pursuant to Section 801.4(11), Code of Iowa, 2001.
3.
COMPENSATION. The law enforcement mutual aid shall be rendered without charge to a
member of this agreement.
4.
RULES AND REGULATIONS. The police chiefs and sheriffs of the members to this
agreement shall establish uniform rules and regulations for the giving and receiving of aid,
subject to the approval of the governing body of each member governmental body. A copy
thereof shall be filed with the clerk or auditor of each member governmental body. The rules
and regulations may be revised and amended from time to time by the police chiefs and
sheriffs.
Each revision or amendment shall be filed with the clerk and auditor of each
member governmental body to this agreement.
5.
ADVISORY BOARD. The signatories to this mutual aid agreement consent to the creation
of an Advisory Board made up initially of the full time participants to this agreement (i.e.,
the Chief of Police of the city of Dubuque, Iowa or his designee, the Chief of Police of the
city of Waterloo, Iowa or his designee, and the Sheriffs, or their designee, from each of the
following Iowa counties: Scott, Muscatine, Des Moines and Johnson). Furthermore, the
following agencies shall also have a representative on the Advisory Board: the Iowa
Department of Public Safety, Division of Narcotics Enforcement (DNE); the Iowa
Governor's Office of Drug Control Policy (ODCP); and the Iowa Department of Justice
(IDOJ). In addition, those agencies providing part-time assistance pursuant to this agreement
(i.e., Buchanan County, Jefferson County, and the cities of DeWitt, Keokuk, Manchester, and
Tipton) shall collectively have one representative on the Advisory Board as determined by
the Advisory Board. Initially, the representative of the part-time participants shall be the
Sheriff, or his designee of Buchanan County. The Advisory Board will be responsible for
Page 2
the administration of this agreement and shall recommend preparation and approval of such
supplemental agreements as may be necessary to carry out the goals of this agreement,
including any restructuring of the Advisory Board. Any signatory to this agreement who has
not been named to the Advisory Board hereby waives any right to representation on said
board that they may have pursuant to section 28E.6 of the Iowa Code.
6.
LIABILITY. This agreement does not change the employment status of any peace officer
who acts pursuant to this agreement. All wages and disability payments, pension, workmen's
compensation claims and benefits, damage to equipment and clothing, and medical expense
and all other claims and benefits in connection with duties outside the jurisdiction in
accordance with terms of this agreement shall be the responsibility of the governmental
agency regularly employing such law enforcement personnel. Each agency shall defend and
hold harmless the other governmental agencies, including any agencies or individuals who
are members of the Advisory Board, from any and all claims made by or against its regular
employee.
It is further expressly agreed that all law enforcement personnel rendering aid outside
their jurisdiction pursuant to this agreement shall be performing duties arising out of and in
the course of his employment with his governmental agency employing such law
enforcement personnel.
7.
FINANCING. In the event that any property is purchased by a member agency for the
benefit of or use by a member to this agreement, such property will be the joint property of
said members, and upon, but not limited to the termination of this agreement, will be
disposed of by agreement of the parties. Any remaining funds will be returned to the
respective parties in proportion to the amount of contribution by each member agency.
Page 3
9.
10.
Authority is vested in the Advisory Board established by this agreement to apply for
and expend monies and/or property, including both personal and real property, that may from
time to time become available from various sources for the pursuit of the objectives of this
agreement. In the event a local governmental body is required to administer or sponsor such
money or property, the Advisory Board will select an administrator for that purpose, with the
understanding that said money or property is held for the benefit of the members of this
mutual aid agreement.
The Advisory Board may make a budget request to any participating governmental
body on an annual basis, with each governmental body retaining sole authority in directing
disbursements for the benefit of this agreement.
8.
EFFECTIVE DATE OF AGREEMENT. This agreement shall become effective between
governmental agencies upon the date of passage and execution by the governing body of each
governmental agency which is a party to this agreement. The Clerk or Auditor of each
member shall furnish the other member agencies, copies of the resolution approving the
agreement and authorizing execution and a signed copy of the agreement shall be furnished
to each party to the agreement.
DURATION. The duration of this agreement shall be perpetual in nature.
TERMINATION. The agreement shall remain in full force and effect until such time as a
member governmental agency passes a resolution terminating this agreement. However, said
agreement shall continue in force between other governmental agencies not terminating
unless the same is likewise terminated by the remaining members.
This agreement shall be filed with the Secretary of State and recorded with the
County Recorder, or if said office has been abolished, with the County Auditor.
Page 4
The foregoing Mutual Aid Agreement, consisting of four pages, excluding the
signature page(s), is hereby adopted and approved, signed and dated by the respective parties
as follows:
CITY OF Dubuque
June 11, 2004
Signature -Mayor Date
Terrance M. Duggan
Printed Name -Mayor
June 11, 2004
Signature -City Clerk Date
Jeanne F. Schneider
Printed Name -City Clerk
COUNTY OF Dubuque
Chairman, Board of Supervisors
Date
Printed Name -Chairman, Board of Supervisors
Signature -Auditor
Eric Manternach
6-14-04
Date
Denise M. Dolan
6/14/2004
Printed Name -Auditor
Dubuque County
Board of Supervisors
COURTHOUSE
DUBUQUE, IOWA 52001-7053
PHONE: 563-589-4441
FAX: 563-589-7884
EMAIL: brdofsup~dbeco.org
June 14, 2004
DONNA L. SMITH
JIM WALLER
ERIC MANTERNACH
Dennis Wiggins
Assistant Director for Programs
Office of Drug'Control Policy
Lucas State Office Building, ls` floor
321 East 12`h St.
Des Moines, IA 50319
Dear Mr. Wiggins;
Enclosed please find the original of the Mutual: Aid 28E agreement for the Eastern Iowa
Clandestine Lab Enforcement Task Force whichhas been signed by the appropriate city officials
for the City of Dubuque and Dubuque County xIt is my understanding that you will file the
agreement with the Secretary of State andpro~~ide copies to tis to be filed with our County
Recorder.
If you have any questions regarding this matter, please contact_our°~c~ftice.
Sincerely,; ..
Eric Manternach; Chairperson
Dubuque County Board of Supervisors
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cc: Sheriff Kennedy Assistant Chief Terry Tobin DDTF
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RESOLUTION 04 - 145 (145-04)
BE IT RESOLVED that the Dubuque County Board of Supervisors approves and authorizes the
Chairperson to sign a Mutual Aid 28E Agreement for Eastern Iowa Clandestine Lab Enforcement
Task Force.
The purpose of said agreement is to establish a working mechanism among Eastern Iowa Law
Enforcement agencies, who may call upon other members for exchange of assistance as required,
to fulfill the goal of disrupting and reducing the manufacture and distribution of methamphetamine
and other illicit controlled substances in Eastern Iowa, by improving the investigation and
prosecution of said cases.
Resolution adopted this 1st day of .Tune, 2004.
Eric Manternach, Chair
Board of Supervisors
ATTEST:
Denise M. Dolan,
Dubuque County Auditor _
STATE OF IOWA
THOMAS J. VILSACK
GOVERNOR
SALLY J. PEDERSON
LT. GOVERNOR
April 26, 2004
Leo Kennedy
Dubuque County Sheriff
770 Iowa
Dubuque, IA 52004
Dear Sheriff Kennedy:
OFFICE OF DRUG CONTROL POLICY
MARVIN L. VAN HAAFTEN, DIRECTOR
Enclosed please find a copy of the Mutual Aid (28E) agreement for the new Eastern Iowa
Clandestine Lab Enforcement Task Force.
Please have the appropriate city/county officials sign page 5 and return it to my attention
at your earliest convenience.
Before entry into force, the agreement must be filed with the Secretary of State and your
County Recorder. I will file the agreement with the Secretary of State and provide a
complete copy to each of you. I will rely on you to file a copy with your County
Recorder.
Per section eight, please also provide a copy of the city/county resolution approving this
agreement. I will collate the resolutions and share copies with other member agencies.
Feel free to contact Kevin Struve at the Iowa Attorney General's Office (515) 281-5489
in the event that you have questions related to the agreement.
Thank you in advance for your prompt attention to tlus matter.
Sincerely,
Dennis Wiggins
Assistant Director for Programs
LUCAS STATE OFFICE BLDG., 1ST FLOOR
321 EAST 12TH STREET • DES MOINES. IOVVA 50319 • 515-242-6391 • FAx 51 S-~4~-~'~~C~