4.4. SR 07-05-2016 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.4
Agenda Section Meeting Date Prepared by
ConsentJuly 5, 2016 Bob Kluntz, Police Captain
Item Description Reviewed by
Joint Powers Agreement with the Bureau Criminal Cal Portner, City Administrator
Apprehension for the MN Internet Crimes Against Reviewed by
Children Taskforce
Action Requested
Adopt,by resolution, a State of Minnesota Joint Powers Agreement UPA) and designating the legal
authority for signing contracts.
Background/Discussion
The Police Department has had an ongoing relationship with the Minnesota Internet Crimes against
Children Taskforce (MICAC) for several years. The MICAC is funded through a federal grant,which is
administered through the Minnesota Department of Public Safety, Bureau of Criminal Apprehension.
As a member of this Taskforce, the Elk River Police Department works with the bureau and other
member agencies to help prevent and investigate crimes where children are victimized over the Internet;
including child pornography and solicitation for sex.
By having this agreement, the Taskforce is able to offer free training to our staff and offers investigative
assistance with these often complex cases. In return the department has a detective assigned as a liaison
to the Taskforce, and that person aids in starting initial case investigations when the jurisdiction is not yet
known.
The state is requesting a renewal JPA for a period of three years. In the resolution, the Mayor and City
Clerk are authorized to sign the State of Minnesota Joint Powers Agreement. The Police Chief, or his
successor,is designated to sign any subsequent amendments to the Agreement in order to maintain the
city's connection to the system and tools offered by the state.
Financial Impact
This agreement has a positive financial impact for the city as it allows for a staff member to attend free
training sessions,which normally would cost hundreds of dollars.
Attachments
■ An email dated June 3, 2016, from the Bureau of Criminal Apprehension.
■ A copy of the Joint Powers Agreement for the MICAC.
■ Resolution approving State of Minnesota Joint Powers Agreement with the City of Elk River on
behalf of its Police Department and designating the legal authority for signing contacts.
POWERED 6T
AR
From: *DPS-BCA MUS Administrative-Support [mailto:bca.mnjis.administrative-support(a)state.mn.us]
Sent: Friday, June 03, 2016 12:42 PIVI
To: Balabon, Eric
Subject: ICAC JPA Elk River PID
It is time to renew our Joint Powers Agreement (JPA) for the ICAC (Internet Crimes Against
Children Taskforce). Your current JPA has expired. The new JPA shall remain effective through
May 31, 2019.
Attached is your copy of the Joint Powers Agreement (JPA) from the State of Minnesota. Here
is the process and steps that must take place to process your agreement:
1) The JPA must be signed by a representative of your jurisdiction's governing body, i.e.,
designated city council member, city manager, county commissioner, etc. Once signed,
it must be returned to the Minnesota Bureau of Criminal Apprehension (BCA).
2) A signed resolution must be returned with the JPA. A sample copy is attached.
3) New this year, The BCA is requesting the documents be sent electronically. This will cut
down on the processing time for both the agency and the BCA. Please return them to
this email for the quickest processing, bca.mnois.administrative-support(a-)-state.mn.us
If you have any questions about processing your JPA documents, please contact Maureen
Janke at.Mau reen.man ke(a-)-state.mn.us.
Thank you for your agency's dedication and commitment to the Minnesota Internet Crimes
Against Children Taskforce (MICAC). Your agency has joined approximately 100 other state
and federal law enforcement agencies throughout the State of Minnesota who have made the
formal commitment to protect our children from exploitation by online sexual predators.
Regards,
Dona d g
MIN ICAC Commander
Minnesota BCA
Agireeinliein't 2(11&22
SWIFT Contract Number: 109614
ORI # MN0710200
Minnesota Internet Crimes Against Children Task Force
Multi-Agency Law Enforcement Joint Powers Agreement
This Multi-Agency Law Enforcement Joint Powers Agreement, and amendments and
supplements thereto, ("Agreement") is between the State of Minnesota, acting through its
Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("Grantee"),
empowered to enter into this Agreement pursuant to Minnesota Statutes § 471 59, subdivisions
10 and 12, and Elk River PD 13077 Orono Parkway Elk River, MN 55330 ("Undersigned Law
Enforcement Agency"), empowered to enter into this Agreement pursuant to Minnesota Statutes
§ 471.59, subdivision 10.
WHEREAS, the above subscribed parties have joined together in a multi-agency task force
intended to investigate and prosecute crimes committed against children and the criminal
exploitation of children that is committed and/or facilitated by or through the use of computers,
and to disrupt and dismantle organizations engaging in such activity" and
WHEREAS, the Undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and
WHEREAS, the Grantee is the recipient of a federal grant, attached and incorporated into this
Agreement as Exhibit A, disbursed by the Office of Juvenile Justice and Delinquency Prevention
("(OJJDP") in Washington, D.C, to assist law enforcement in investigating and combating the
exploitation of children which Occurs through the use of computers by providing funding for
equipment, training, and expenses, including travel and overtime funding, which are incurred by
law enforcement as a result of such investigations; and
WHEREAS, the OJJDP Internet Crimes Against Children ("ICAC") has established a Working
Group of Directors representing ea&) of the existing ICAC Task Forces to oversee the operation
of the grant and sub-grant recipients; and the State of Minnesota, acting through its
Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA") has
designated Donald Cheung as the Commander of the Minnesota ICAC Task Force;
NOW THEREFORE, the parties agree as follows:
1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this
Agreement with the Purpose of implementing a three-pronged approach, prevention,
education, and enforcement, to combat Internet Crimes Against Children; and
2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task
Force Program Standards identified in Exhibit B, attached and incorporated into this
Agreement, in addition to complying with applicable Minnesota state and federal laws in
the performance of this Agreement, including conducting undercover operations relative to
ICAC (a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training &
Technical Assistance Program contact information is available at
r11s
jpLqg.�g1i1n1qryResources); and
3. Exhibits A and B are incorporated into this Agreerrient and made a part thereof. In the
event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits
ICAC ,IPA MN Pohfical Subdivision
Page 1 of 4
SWIFT Contract Number: 109614
ORI # MN0710200
prevail; and
4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be
responsible for its own acts and the results thereof to the extent authorized by law and
shall not be responsible for the acts of any others and the results thereof. The Grantee's
liability shall be governed by provisions of the Minnesota Tort Maims Act, Minnesota
Statutes § 3.736, and other applicable law. The Undersigned Law Enforcement Agency's
liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota
Statutes §§ 466.01-466.15, and other applicable law; and
5. All members and representatives of the Undersigned Law Enforcement Agency shall
continue to be employed and directly supervised by the same law enforcement agency
employer which currently employs the member performing Minnesota ICAC Task Force
assignments; and all services, duties, acts or omissions performed by the member will be
within the course and duty of that employment, and therefore, are covered by the Workers
Compensation programs of that employer; will be paid by that employer and entitled to that
employer's fringe benefits; and
6. The Undersigned Law Enforcement Agency must first submit a written request for funds
and receive approval for the funds from the Grantee to receive any funds from the
Grantee; and
7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed
on pre-approved requests. Approved reimbursement will be paid directly by the Grantee to
the Undersigned Law Enforcement Agency within thirty (30) calendar days of the date of
invoice, with payment made to Elk River PD 13077 Orono Parkway Elk River, MN
55330; and
6. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to
prevention„ education, and enforcement activities, to be collected and forwarded monthly to
the Minnesota ICRC Task Force Commander, or his successor or designee, for statistical
reporting purposes; and
r
9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by
the OJJDP. In addition, under Minnesota Statutes § 160.05, subdivision 5, the
Undersigned Law Enforcement Agency's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the
Grantee and/or the Minnesota State Auditor and/or the Legislative Auditor, as appropriate,
for a minimum of six (6) years frons the end date of this Agreement, and
10. The Undersigned Law Enforcen7ent Agency shall make a reasonable good faith attempt to
be represented at any scheduled regional meetings in order to share information arid
resources amongst the multiple entities; and 1
l
11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding
information relative to investigative targets to the Child Pornography Pointer System
("CPPS") pursuant to the OJJDP guidelines; and
l
1 . In the event future federal funding is no longer available, or if this Agreement is terminated
ICAC;JPA MPJ Political sUbdivision
Pada 2 of 4
J
1J
by either the State or the Undersigned Law Enforcement Agency, or if the Undersigned
Law Enforcement Agency breaches this Agreement, then the Undersigned Law
Enforcement Agency shall, at the request of the Minnesota ICAC Task Farce Commander
or his successor or designee, return all investigative equipment acquired through OJJDP
funding within sixty (60) calendar days of such request.
13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the
following duties:
A. Investigations by the Undersigned Law Enforcement Agency under this Agreement
shall be conducted in accordance with the OJJDP ICAC Task Force Program
Standards identified in Exhibit S, and concluded in a timely manner. The
Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for
overtime hours inclusive of fringe benefits of actual hours and/or actual expenses
incurred related to performing Minnesota ICAC Task Force assignments and/or
training approved by the Minnesota ICAC Task Force Commander, or his successor
or designee, through the term of this Agreement or until all federal funds under the
OJJDP grant have been expended, whichever comes first.
13. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task
Force investigations will be reimbursed by the Grantee for actual costs as defined in
Clause 13, Section A, to the extent such actual costs have been reviewed and
approved by the Minnesota ICAC Task Force Commander, or his successor or
designee.
1 . Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original
agreement, or their successors in office.
15. The Undersigned Law Enforcement Agency and the Grantee may terminate this
Agreement at any time, with or without cause, upon 30 days written notice to the other
party.
16. Tera of this Agreement
This Agreement shall be effective on the date the Grantee and the Undersigned Law
Enforcement Agency obtain all required signatures under Minnesota Statutes § 160.05,
subdivision 2, and shall remain in effective through May 31, 2019 unless terminated or
canceled. Upon the effective date of this Agreement, the Undersigned Law
Enforcement Agency will be entitled to reimbursements approved by the Grantee
dating back to June 1, 2016 for overtime salary including fringe benefits, equipment,
training and expenses to the extent Grantee has available funds to pay such and
they have been approved consistent with Clause 13, Sections A and B. Nothing in
this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally
possessed by an employee as a member of the Undersigned Law Enforcement Agency.
17. Venue
Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the
appropriate state or federal court with competent jurisdiction in Ramsey County,
Minnesota.
i
l
ICAC JPA MN Political Subdivision
Page 3 of 4
a
r
f
1 Undersigned Law Enforcement Agency
Undersigned Law Enforcement Agency certifies that the appropriate person(s) have
executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its
jurisdictional government entity as required by applicable articles, laws, by-laws,
resolutions, or ordinances.
By and Title Date
Undersigned Law Enforcement Agency
(Namel, {Title} Date
{Name), {Title} Date
{_Mayor or Board Chair} Date
2. Department or Public Safety; Bureau of Criminal Apprehension
Name:
Signed:
Title:
(With delegated authority) Date
3. Commissioner of Administration
As delegated to Materials Management Division
By and Title Date
ICAC JPA Mfg Political Subdivision
Page 4 of 4
EXHIBIT A
„~ Department of Justice
' Office of Justice Programs
Office of the Assistant Attorney General ft'oshingron,D.C. 10531
September 16,2013
Mr.Wade Setter
Minnesota Department of Public Safety
1430 Maryland Avenue E
Saint Paul,lVIN 55106-2802
Dear Mr.Setter:
On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 13 Internet Crimes Against Children Task Force Invited Awards in the amount of
$347,101 for Minnesota Department of Public Safety.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim
audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
Program Questions,Scott Pestridge,Program Manager at(202)514-5655;and
Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at
(800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations,and we look forward to working with you.
Sincerely,
Karol Virginia Mason
Assistant Attorney General
Enclosures
EXHIBIT B
LIMITED OFFICIAL USE ONLY
LAW ENFORCEMENT SENSITIVE
Internet Crimes Against
Children Program
OPERATIONAL
AND
INVESTIGATIVE ,
STANDARDS
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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Table of Contents
Definitionsof Terms........................................................................................................... 3
1. Purpose of the ICAC Standards................................................................................. 5
2. ICAC National Program ........................................................................................... 6
3. Oversight of the ICAC Program................................................................................ 7
4. Selection and Retention of Task Force Members...................................................... 8
5. Training......................................................................................................................9
6. Case Management.................................................................................................... 10
7. Task Force Reporting Requirements to OJJDP..............................................:........ 11
8. Investigations........................................................................................................... 12
9. Work Environment................................................................................................... 14
10. Victim Identification................................................................................................ 15
11. Public Awareness and Community Outreach.......................................................... 16
12. Media Relations and Media Releases...................................................................... 17
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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Definitions of Terms
Applicability of Terms
Although some of the definitions below may be generally applicable to law enforcement,
they are intended for use in the interpretation of these Standards. As such, where any
term defined below is capitalized in these Standards,the Standards are referring to that
term as defined below. By contrast,where any term defined below is not capitalized in
these Standards,the Standards are referring to that term as it is used generally in the field
of law enforcement.
"Affiliate" or Affiliate Agency" is an agency that is working with a Lead Agency as part
of a regional or State ICAC Task Force. An Affiliate has agreed in writing to adhere to
these Standards.
"Authorized Personnel" are Members who themselves lack powers of arrest but have
been authorized by their respective agency to participate in Investigations and are being
supervised by Sworn Personnel.
"Commander" is the Member of a Lead Agency who has been designated by that Lead
Agency and recognized by OJJDP as the leader of the corresponding Task Force.
"CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the
DOJ.
"Crime"is any offense(or group thereof)that involves (or involve)the
exploitation/victimization of children facilitated by technology.
"CVIP" is the Child Victim Identification Project operated by NCMEC.
"CyberTipline" is a reporting mechanism operated by NCMEC that allows for the
reporting of suspected Crimes.
"Deconflict" is a process whereby Members are able to submit Investigative information
to each other and/or to ICAC-related databases in order to determine whether other
Members or other law enforcement agencies have information concerning the same
targets or Crimes.
"DOJ"is the United States Department of Justice.
"Employee" is a sworn or compensated individual, or any individual working under the
direction and control of a law enforcement agency.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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"Equipment" is any device or tool—including but not limited to computers,phones, and
online accounts and services --purchased or obtained for use in ICAC-related matters.
"ICAC"is the Internet Crimes Against Children Program, a national program composed
of state and regional Task Forces.
"Images" are visual depictions in any form(image or video/printed or digital) of child
sexual exploitation as defined by federal and/or state statute.
"Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating"
and"Investigative" are used within the same context.
"Investigative Persona"-any identity established or created by an Employee to aid an
Investigation.
"Investigator" is a Member who is a part of the Sworn Personnel of a Task Force.
"Lead" or"Lead Agency" is the law enforcement agency that receives the ICAC grant
and is designated by OJJDP to act as the lead agency for the corresponding Task Force.
"Member" is a Lead or Affiliate Agency's employee who is either Sworn Personnel or
Authorized Personnel and who has been designated to work on ICAC-related matters for
his/her respective agency and Task Force.
"National Initiative"is any proposal that relies on the cooperation and resources of a
significant number of Task Forces and, accordingly, has been approved by OJJDP.
"NCMEC" is the National Center for Missing and Exploited Children.
"OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ.
"Supervisor" is a Member who has been designated by his/her respective agency to
supervise Investigations and other ICAC-related matters.
"Standards" are all of the provisions of these,the ICAC Operational and Investigative
Standards.
"Sworn Personnel" are Members withpowers of arrest.
"Task Force" is the Lead Agency and its Affiliate(s) (combined) as designated by
OJJDP for a particular state or region.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16, 2014
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1. Purpose of the ICAC Standards
These Standards are established by OJJDP to guide administration and operation of ICAC
and its Members when working on ICAC-related Investigations and matters.
ICAC Members should make every reasonable effort to comply with these Standards.
However, since many aspects of Investigations are dynamic and laws vary widely
between jurisdictions—their genesis; methods for their evidentiary pursuit; and their
application within court—it is difficult to anticipate every circumstance that might
present itself. Thus, reasonable deviations from these Standards may occur depending
upon various factors (e.g., emergency situations;timing constraints; accessibility
constraints; resource constraints; technology constraints;perceived conflicts between the
Standards and statutes, decisional law, and court orders; et cetera).
Should questions regarding the interpretation of these Standards arise or conflicts occur
between these Standards and agency policies or law,the subject Commander faced with
the issue shall seek the guidance of an OJJDP Program Manager. However,nothing in
these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical
decision-making.
Commanders may supplement, but not contradict,these Standards in the written
agreements they establish with their Affiliates to promote the effective operation of their
Task Forces.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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2. ICAC National Program
2.1 Mission of the ICAC Program
The Internet Crimes Against Children Task Force Program(ICAC)helps state and local
law enforcement agencies develop an effective response to technology-facilitated child
sexual exploitation and Internet crimes against children. This support encompasses
forensic and investigative components,training and technical assistance,victim services,
prevention and community education.
2.2 ICAC Background
The Internet Crimes Against Children Program (ICAC) is a national network of 61
coordinated task forces representing more than 3,500 federal, state, and local law
enforcement and prosecutorial agencies. These agencies are engaged in both proactive
and reactive investigations, forensic examinations, and criminal prosecutions. By helping
state and local agencies develop effective, sustainable responses to online child
victimization—including responses to child sexual abuse images (Images), The ICAC
Program has increased law enforcement's capacity to combat technology facilitated
crimes against children at every level.
The ICAC Program was developed in response to the increasing number of children and
teenagers using the Internet and other technology, the proliferation of child sexual abuse
images available electronically, and the heightened online activity by predators seeking
unsupervised contact with potential underage victims.
Because ICAC Members understand that arrests alone cannot resolve the problem of
technology-facilitated child sexual exploitation,the ICAC Program is also dedicated to
training law enforcement officers and prosecutors, as well as educating parents and youth
about the potential dangers of online activity.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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3. Oversight of the ICAC Program
3.1 The oversight of the ICAC Task Force Program and the administration of ICAC
grants is the responsibility of OJJDP. The oversight of each Task Force falls to its
Commander. The oversight of each agency,both Lead and Affiliate, falls to its
designated Supervisor.
3.2 Commanders shall ensure there are supervisory systems and protocols in place
that provide for observation, documentation, and review of ICAC activity. Said systems
shall comply with the principles of quality case management and shall ensure that ICAC
activities comply with agency policies and these Standards.
3.3 Commanders shall ensure that each Member in his/her Lead Agency and each
Supervisor of an Affiliate Agency receives a copy of the Standards.
3.3.1 Supervisors shall ensure that each Member in his/her Affiliate Agency
receives a copy of the Standards.
3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the
start of the project.
3.4.1 OJJDP may suggest amendments to the original proposal following
consultation with the presenting Commander and, as appropriate,
other federal, state, and local entities.
3.5 Supervisors shall inform their Members about departmental or Task Force
employee assistance programs and services available to them.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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4. Selection and Retention of Task Force Members
4.1 When practicable during the selection process of Members, Commanders and
Supervisors shall evaluate prospective candidates for work histories that indicate prior
investigative experience, courtroom testimony skills,technical knowledge and ability, an
ability to prudently handle sensitive information, a genuine interest in the protection of
children, and an understanding of the effects that Members may experience when
exposed to Images.
4.2 Commanders and Supervisors shall acknowledge the potential effects of
Investigations and exposure to Images. When practicable,they shall attempt to mitigate
the potential effects of the work using,for example,the following techniques:
• Work environment considerations — Commanders and Supervisors are
encouraged to provide a physical location for the work environment that allows the
Investigator to conduct discreet Investigations.
• Work flexibility — Commanders and Supervisors are encouraged to allow
flexibility for Investigators and others who are exposed to Images (e.g., frequent
breaks, having an open-door policy, etc.).
• Educating colleagues—Commanders and Supervisors are encouraged to teach
their colleagues that the viewing of Images is serious and restricted.
• Work with Mental Health Providers (MHP)—In compliance with their agency
guidelines, Commanders and Supervisors are encouraged to work with MHP to
make recommendations for care of Members and to provide education and training
designed to minimize the impact of Images.
• Training-- Commanders and Supervisors are encouraged to share or seek out
best practices for minimization of the impact of Images and to promote attendance
at trainings regarding methods used to minimize said impact.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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5. Training
5.1 Carefully-managed Investigations conducted by well-trained Investigators are
among the most effective techniques available to law enforcement for addressing Crime.
5.2 All national training curricula supported by ICAC resources shall be conducted
consistent with the Standards and shall be approved by OJJDP.
5.3 Commanders shall ensure that nominees to attend any ICAC-sponsored national
in-person training are current Members.
5.4 Task Forces may develop and deliver Task Force training. This training shall
comply with the Standards and shall be approved by the Commander. All costs to
develop and deliver the training shall be the responsibility of the Task Force or Affiliate
providing the Task Force training.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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6. Case Management
6.1 Commanders and Supervisors are responsible for determining Investigative
priorities and selecting cases for Investigation in their respective agencies. Those
determinations shall include an assessment of victim risk,jurisdiction,known offender
behavioral characteristics, and the likelihood of securing the information necessary to
pursue each Investigation.
6.2 Conventional boundaries often are meaningless in today's digital world where the
usual constraints of time,place, and distance lose their relevance. These factors increase
the possibility of Lead and/or Affiliate Agencies targeting other law enforcement
personnel, Investigating the same target, or inadvertently disrupting an ongoing
Investigation. To foster effective case coordination, collaboration, and communication,
each Member shall make every effort to Deconflict all active Investigations.
6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident
reporting procedures and case supervision systems. At a minimum, a unique identifier
shall be assigned to each case.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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7. Task Force Reporting Requirements to OJJDP
7.1 The reports described below do not replace the semi-annual progress report
required by the Office of Justice Programs' Financial Guide.
7.2 Commanders shall compile and submit a Task Force Monthly Performance
Measures Report to the OJJDP-designated location before the end of the following
calendar month.
7.2.1 Affiliates shall report their activity to their respective Commander
by the 10th of each month using the ICAC Monthly Performance
Measures Report.
7.3 Commanders shall compile and submit information on all cases referred for local,
state, or federal prosecution. Information is required for all cases referred by the Lead
Agency, as well as all Affiliates that received more than $20,000 a year in OJJDP ICAC
funding, and any Affiliate the Commander selects to include. The case reporting
requirement is ongoing and begins with the prosecutorial agency the case is referred to
and continues through the final disposition of the case.
7.3.1 This ongoing quarterly report shall be submitted within 30 days of
the end of the quarter.
7.4 Commanders shall compile and submit an annual report which details each of
their Affiliates. The report shall be submitted in a method determined by OJJDP and
shall include the following information:
7.4.1 The name of each Affiliate Agency.
7.4.2 The staffing level of each Affiliate including the number of
Investigators, prosecutors, education specialists, and forensic
specialists dedicated to Investigating and prosecuting Crime.
7.4.3 This ongoing annual report shall be submitted within 30 days of the
end of the calendar year.
ICAC Program Operational and Investigative Standards
FOR ICAC PURPOSES ONLY
Revised Update: October 16,2014
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8. Investigations
8.1 Investigations shall be conducted in a manner consistent with applicable laws and
constitutional requirements.
8.2 Only Sworn Personnel shall conduct Investigations.
8.2.1 Authorized Personnel acting under the direction and supervision of
Sworn Personnel may participate in Investigations.
8.2.2 Members shall not approve, condone, encourage, or promote cyber-
vigilanteism by private citizens. As such, Members shall not use
unauthorized private citizens to proactively seek out Investigative
targets.
8.2.3 The above section (8.2.2) shall not preclude the use of information
related to a Crime provided by victims or public citizens who
discover evidence (e.g., CyberTip reports, mandated reports from
professionals, computer repair shop complaints, parental
complaints, et cetera). Nor does it preclude the use of authorized
over-hears or other similar investigative methods designed to further
an Investigation.
8.3 Investigations shall be documented. Any departures from this provision due to
unusual or exigent circumstances shall be documented in the relevant case file and
reviewed by the Supervisor.
8.3.1 The retention,storage,security,and disposal of Investigative or case
information shall be consistent with the subject agency's policies
and federal and state law regarding same.
8.3.2 Access to Investigative case files shall be restricted to Authorized
Personnel.
8.4 Members shall not electronically upload,transmit, or forward any Images.
8.4.1 Section 8.4 shall not prohibit the transfer of evidence between.
Investigators as provided for by sections 8.9 and 8.10 of these
Standards nor shall it prohibit the submission of Images to CVIP as
provided for by section 10.1 of these Standards.
8.5 Visual depictions of any identifiable person used to represent an investigative
persona or any identifiable minor, shall be only those of an Employee who has given his
or her written consent and only if that Employee was at least 18 years old at the time of
consent. Further,the depictions themselves may be of that Employee under the age of 18.
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8.6 Absent prosecutorial input to the contrary, during online dialogue, officers shall
allow the Investigative target to set the tone,pace, and subject matter of the online
conversation
8.6.1 The above section (8.6) shall not be construed to prohibit
Investigators from performing any of the following activities when
initiating or conducting an Investigation: (a) posting information
including visual depictions (image or video/printed or digital) to
establish an online presence, (b)placing advertisements or posts, or
(c) sending messages.
8.6.2 Members shall familiarize themselves with relevant state and federal law,
including but not limited to those regarding the defense of entrapment, and
should confer with relevant prosecutors for legal consultation, as needed.
8.6.3 Members planning large-scale (multi-target)operations shall advise
the Commander and shall consult relevant prosecutors regarding the
operation.
8.7 The examination of digital storage devices shall be performed consistent with the
subject agency's protocol.
8.8 Images shall be maintained pursuant to the subject agency's policy.
8.8.1 Absent a court order specifically ordering otherwise, evidence
containing Images shall not be released to any defendant or
representative thereof.
8.9 Absent exigent circumstances, all Members' case referrals between jurisdictions
shall include:
• Notification to and acceptance by the Commander(s) of both jurisdictions that are
involved in the referral;
• A secure (i.e., digitally-protected) copy of the case file;
• An official Investigative report or affidavit containing case details; and,
• Documentation,preferably the original, of all legal process conducted and all
compliance with same, especially those documents related to the issue of
jurisdiction and identification of suspect(s).
8.10 The transfer of evidence containing Images among law enforcement shall be done
in a secure manner.
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9. Work Environment
9.1 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall
be used in accordance with their respective agency's policies.
9.2 When practicable, Equipment which might be used in undercover aspects of an
Investigation shall be purchased covertly.
9.3 No personally-owned Equipment shall be used in Investigations.
9.4 Software shall be properly acquired and licensed.
9.5 Investigations shall be conducted in an approved work environment as designated
by a Commander or Supervisor.
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10. Victim Identification
10.1 Identifying child victims of Crime is a critical element of the ICAC Program.
DOJ and OJJDP require the Lead Agencies and Affiliates to submit Images to CVIP as a
means to improve child victim identification. Absent exigent circumstances,Images
shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition,Lead
Agencies and Affiliates are encouraged to collaborate with NCMEC in their effort to
identify children depicted in Images.
10.2 Absent exigent circumstances,victim-identifying information shall be protected
from public disclosure pursuant to the protections set forth in federal and state law.
10.3 Lead Agencies and Affiliates shall adhere to local, state, and federal laws
regarding mandated reporting,victim notification, and victim assistance.
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11. Public Awareness and Community Outreach
11.1 Public awareness activities and community outreach are a critical component of
ICAC. Lead and Affiliate Agencies shall foster awareness and shall provide practical
relevant guidance to children,parents, educators, and others concerned with child safety.
11.2 Presentations to school personnel,parents, and community groups are excellent
ways to promote awareness. These presentations shall not depict identifiable victims nor
shall they use pornographic or sexually explicit images. Presenters shall not discuss
confidential Investigative techniques.
11.3 Members shall not endorse any product or service without the express written
consent of an OJJDP Program Manager. While making public presentations,Members
may indicate a preference for a product or service,but,where done, shall avoid an
implicit endorsement and shall include alternatives in the presentation.
11.4 Materials and presentations shall be consistent with ICAC's mission and
background, as enumerated in Section 2 of these Standards.
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12. Media Relations and Media Releases
12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning
ICAC operations shall not include information regarding confidential Investigative
techniques, and shall be coordinated, when applicable,with the law enforcement agencies
involved with the subject Investigations, in a manner consistent with sound information
management and sound media relations practices.
12.2 Commanders and Supervisors may speak to members of the media about their
own agency's ICAC-related activities per the terms of their agency's policy on such
media relations. No individual affiliated with ICAC may speak on behalf of the national
ICAC Program without the express written consent of OJJDP.
12.3 Commanders shall inform their OJJDP Program Manager if approached by
national media outlets about the national ICAC Program (as opposed to media seeking
information about local activities) so that a coordinated national response can be prepared
by OJJDP.
12.4 Information provided by Task Forces to the media shall be consistent with
ICAC's mission and background, as described in Section 2 of these Standards.
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City of
Elk
River
Resolution 16-
A Resolution of the City of Elk River
A Resolution Approving a State of Minnesota Joint Powers Agreement with
the City of Elk River Designating Legal Authority
WHEREAS, the City of Elk River on behalf of its Police Department desires to enter into
a Joint Powers Agreement with the State of Minnesota, Department of Public Safety,Bureau
of Criminal Apprehension to participate as a task force member in the Minnesota Internet
Crimes Against Children Task Force.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows:
1. That the State of Minnesota Joint Powers Agreement by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Elk River on behalf of its Police Department, are
hereby approved. One copy of the Joint Powers Agreements is attached to this
Resolution and made a part of it.
2. That the Police Chief Ron Nierenhausen, or his successor,is designated the
Authorized Representative for the Police Department. The Authorized
Representative is also authorized to sign any subsequent amendment or agreement
that may be required by the State of Minnesota to maintain the City's connection to
the systems and tools offered by the State.
3. That John Dietz,Mayor of Elk River and Tina Allard, the City Clerk, are authorized
to sign the State of Minnesota Joint Powers Agreements.
Passed and adopted this 51h day of July, 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ