Multijurisdictional Drug Task Force AgreementTHE CITY OF C ~
DL7B ~ ~ 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
Masterpiece on the Mississippi
Date: September 10, 2007
To: Michael C. Van Miltigen
City Manager
From: Kim B. Wadding
Police Chief
MEMORANDUM
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 less 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. to thF 8l!F,,7~ It i~ deernect f7ecessary tc
~~~?/^} ~'~.5~' Cl~t../lf ~~t t;It~ -y" i~ t. i-'.~~ ~~ i `I s'J'iiil
Or 1?1Urf ~ ~i~Cr t ,, ~ ._ ,~' ~tfl ~ ~ 'y,_ y r .t_r? ~ t : p; ~l :,
fir.. ~~~ ~ ~r?„p ~i:,, 'C; _,I" 3 c 7?`t` ,;.~?~.i
`U.liiJ I; .,~? f ??:'! Y _.'iii .. 1?iy i, t tJtii7 ~~ .,,
rn; r ,, ~ -,-< „ lr;:s ~,.., t t_ 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.
1: .. ,.
SECTION 8. Any party may terminate this
Agreement by providing not less than sixty (60)
days written notice to all other parties.
SECTION 9. ~ sTrs .... ,r `r.. .. , . _„ ,r ? .. ~~,.~
~,
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