3.6. SR 03-24-2003Christopher J. Johnson
City Prosecutor
Jennifer O. Snyder
Legal Assistant
City Attorney
13065 Orono Parkway, Box 490 · Elk River, MN 55330
* Item 3.6.*
Phone: 763.441.7420
Fax: 763.441.7422
www. ci.elk-river, mn.us
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor Stephanie Klinzing
City Council Members
Christopher J. Johnson, City Prosecutor
March 17, 2003
Joint Powers Agreement
Enclosed is a joint powers agreement establishing the prosecutorial authority of the Elk River City
Attorney's office. This agreement formalizes in writing the cases our office is responsible for
prosecuting. Under this agreement, our office will be handling the same types of cases that other
city attorney officers in the metro area are handling.
I have reviewed this document with Kathy Heaney, Sherburne County Attorney. She and Arne
Engstrom, the chairman of the Sherburne County Board of Commissioners, have signed it.
This agreement will be on the agenda for the March 24 city council meeting. Kathy and I plan to
attend the meeting.
CJJ:js
SHERBURNE COUNTY
REQUEST FOR BOARD ACTION
Requested Board Date:
Flexibility: [] YES [] NO
Agenda Item (How you would like it listed on the
agenda): Joint Powers Agreement Establishing the
Prosecutorial Authority of the Elk River City
Attorney's Office
Originating Department:.. County Attorney
Presenter: Kathleen A. Heaney
Estimated Time:
[] Consent Agenda [] 5 Min. [] 15 Min.
[] 30 Min. [] 45 Min. [] 1 Hour
Board Action Requested:
[] Information/Review [] Motion to approve... [] Motion to deny... [] Other
(Please word the motion below as you would like it to appear in the minutes.)
Motion authorizing the Chairman of the Board and County Attorney to execute the Joint Powers Agreement
Establishing the Prosecutorial Authority of the Elk River City Attorney's Office.
Background: (Attach additional pages if needed) Cost Impact to County - None
Added Staff Required - None
This Agreement codifies the past practice between the City and County on handling complaints. It is a
positive step in cooperation to ensure that any duplicity of action is eliminated.
Supporting Documents: [] Attached [] None
(Administrator's Department will complete information below)
VERIFICATION OF AGENDA ITEM
Assigned Board Date/Time:
Amount of Time allotted:
Administrator's Department Signature/Date:
BOARD ACT/I( N Approved as Requested
Date of Action:
Comments: / y
[] Denied [] Tabled [] Other
County Administrator's Signature/Date~~~:~
JOINT POWERS AGREEMENT
ESTABLISHING THE PROSECUTORIAL AUTHORITY OF THE
ELK RIVER CITY ATTORNEY'S OFFICE
THIS AGREEMENT, entered into by and between Sherburne County, hereinafter
"County" and the City of Elk River, hereinafter "City", both parties being governmental
and political subdivisions of the State of Minnesota.
WHEREAS, the parties to this Agreement are responsible for the enforcement of state
law in their respective jurisdictions; and
WHEREAS, the parties desire to define which violations of state law Will be prosecuted
by the City Attorney's Office; and
WHEREAS, the purpose of this Joint Powers Agreement is to establish the
prosecutorial authority of each party for violations of state and local law occurring within
the limits of City;
NOW, THEREFORE, County and City, pursuant to the authority contained in Minn. Stat.
{}471.59, commonly known as the Joint Powers Act, in order to accomplish the
foregoing purposes, agree as follows:
1. Prosecutorial Authority of City Attorney
The City Attorney's Office will prosecute violations of state law that are petty
misdemeanors, misdemeanors, or gross misdemeanors, except as provided in Minn.
Stat. {}388.051, subd. 2(c), that are alleged to have occurred in the City of Elk River with
one exception:
The Sherburne County Attorney's Office shall be fully responsible for the
prosecution of all offenses by inmates occurring within the Sherburne County
Sheriff's Jail Facility.
The City Attorney's Office will prosecute all violations of City Ordinances/Codes.
2. Prosecutorial Authority of County Attorney
The County Attorney's Office will prosecute violations of state law that occur in the City
of Elk River that are felonies and the crimes set forth in Minn. Stat. {}388.051, subd.
2(c), and listed as follows: (A) failure to report physical or sexual child abuse or neglect
as provided under [}626.556, subd. 6; (B) violations of fifth-degree criminal sexual
conduct under §609.3451; and (C) environmental law violations under §115.071,
§299F.098 and §609.761.
3. Term of Aqreement
A) The term of this Agreement shall be from January 1, 2003 to and including
December 31, 2006, regardless of the date of signatures hereunder, unless earlier
terminated by law or according to the provisions herein.
B) This Agreement shall be automatically renewed for a term of four (4) years
unless written notice of intent to terminate is given 180 days prior to the expiration of the
current term.
4. Termination of Aqreement
A) This Agreement may be terminated with or without cause by either party upon
180 days written notice to the other party:
B) Notice of termination shall be made by certified mail or personal delivery. Notice
is deemed effective upon delivery to the party's Authorized Representative. County's
Authorized Representative and address is Sherburne County Attorney, Sherburne
County Government Center, 13880 Highway 10, Elk River, Minnesota 55330. City's
Authorized Representative is City Administrator, Elk River City Hall, 13065 Orono
Parkway, Elk River, Minnesota 55330.
C) Termination of this Agreement shall not discharge any liability, responsibility or
right or any party which arises from the performance of or failure to adequately perform
the terms of this Agreement prior to the effective date of termination. Nor shall
termination discharge any obligation which by its nature would survive after the date of
termination.
5. Indemnification
A) Each party shall be liable for its own acts to the extent provided by law and
hereby agrees to indemnify, hold harmless and defend the other, its commissioners,
officials, officers, employees and volunteers against any and all liability, loss, costs,
damages, expenses, claims or actions, including attorney's fees which the other, its
commissioners, officials, officers, employees and volunteers may hereafter sustain,
incur or be required to pay, arising out of or by reason of any act or omission of the
party, its agents, servants or employees, in the execution, performance or failure to
adequately perform it s obligations pursuant to this Agreement.
B) Liability of County and City shall be governed by the provisions of Minnesota
Statutes, Chapter 466 and other applicable laws.
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6. Modification
Any alteration, variation, modification or waiver of the provisions of this Agreement shall
be valid only after it has been reduced to writing and duly signed and approved by each
party.
7. Severability
The provisions of this Agreement shall be deemed severable. If any part of this
agreement is rendered void, invalid or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement unless the part or parts
which are void, invalid or otherwise unenforceable shall substantially impair the value of
the entire Agreement with respect to either party.
8. Compliance with Laws
A) In the event that there is a revision of Federal, State or local statute, rules or
other law, which might make services provided under the terms of this Agreement or
any portion thereof unlawful, all parties will review the Agreement and renegotiate those
terms necessary to bring the Agreement into compliance with the new law. Refusal to
renegotiate within seven (7) days of a request, so as to bring this Agreement into
compliance with the new law immediately shall be cause for termination of this
Agreement as of the date when the Agreement is out of compliance.
B) This agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota. All proceedings related to
this Agreement shall be venued in the County of Sherburne, State of Minnesota.
9. Data Practices
City and County agree to abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and
federal laws, rules, regulations and orders relating to data privacy or confidentiality, and
as any of the same may be amended. Each party agrees to defend, indemnify and hold
harmless the other, its commissioners, officials, officers, agents, employees and
volunteers for any claims resulting from their respective unlawful disclosure and/or use
of such protected data. The terms of this paragraph shall survive the cancellation or
termination of this Agreement.
10. Approval of Joint Powers Agreement
This agreement must be approved by the Sherburne County Board of Commissioners,
the County Attorney, and the Elk River City Council. A copy of the respective County
and City resolutions approving this Agreement shall be attached hereto. Upon approval
by the County, the County Attorney, and the City, this Agreement shall be deemed to be
effective retroactive to January 1, 2003.
IN WITNESS WHEREOF, .this Joint Powers Agreement having been duly approved by
the County Board, the County Attorney, and the City Council and has been signed by
the respective offices of said County, County Attorney and City.
COUNTY OF SHERBURNE
Chairman - Count¢~oard
Date:
CITY OF ELK RIVER
Date:
Mayor
Date:
City Administrator
H:~572HEAN\EIk River Prosecution Joint Powers Agreement.doc
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