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28E Agreement Easter Iowa Clan Lab Task Force Î5~~ -@uE ~<k~ 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 ~o U¡ ""' 0 .c- r- § ¡'" ;¡:-, D~~~E ~cIN-~ 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 D~ ~<k~ 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 ~ 13-L William G. Blum City Solicitor Service People Integúty Ræponsibility Innovation Teamwmk \ 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 ~ 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 mas encl. cc: Sheriff Kennedy Assistant Chief Terry Tobin DDTF ~-.'r' 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~