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Police Advisory Commission Agenda 11-20-1991• MONTICELLO Office of the City Administrator 250 East Broadway Monticello, MN 55362-9245 Phone: (612) 295-2711 MEMO Metro: (612) 333-57.39 TO: Police Advisory Commission Members: Brad Fyle, Warren Smith, Curtis Schmidt, and David Gerads FROM: Rick Wolfsteller, City Administ t DATE: November 20, 1991 RE: Meeting to discuss police contract renewal--County Sheriff's Department By now I'm sure most of you have given up on the Police Advisory Commission. I apologize for not keeping in touch with each of you regarding the establishment of the commission, but it has been a difficult process in trying to obtain information on what other commissions and communities focus their efforts on. At the initial meeting in June, members present suggested that City staff obtain additional information regarding policy statements and ordinances that govern police commissions so that our commission could better understand what its intended purpose is. Unfortunately, I have had little luck in finding many communities that have a police advisory commission by itself, especially in communities where the city does not operate its own police department. Examples of commissions generally focus on the entire public safety issue such as police departments, fire departments, and ambulance services, etc. I have not been able to contact any community that has a police advisory commission when the community contracts for police protection through the county. In many cases where communities do have a public safety commission or police commission, some of their primary duties are focused on police matters such as setting the budget, including equipment purchases, manpower staffing, recommending police department structure, and chain of command, etc. In our case, these duties and functions would not seem appropriate. If the Police Advisory Commission is to continue in existence, I still feel that the duties and functions listed in the previous tentative ordinance amendment would be adequate for our needs. While a clear direction has not been given by the City Council, I do agree that the Memo Folice Advisory Commission November 20, 1991 Page 2 commission should establish a mission statement/goals to accomplish, or the commission members will not know what is expected of them. zn my search for information, I contacted the police chief from the City of Buffalo, Dan Scott, who is a board member of the State Police Association. The City of Buffalo, with its own police force, is also interested in establishing a police advisory commission, and he was also unaware of any community with a contract arrangement having a police commission. Mr. Scott will be checking with other association members to see if he can come up with any other communities similar to ours. As I envision the commission, as long as the City contracts with the county for police protection, I believe the commission should focus on developing a citizen complaint procedure on matters of public safety and a sounding board for citizens' opinions regarding our police protection coverage, reviewing the police protection contract with the county, including recommending hours of coverage and whether the level of service we are receiving is adequate as the city grows. These main areas could be the objective of the commission along with the other duties and functions noted in the proposed ordinance. In the past, citizens complaints or concerns on police matters were normally handled through City staff, who then would contact the Sheriff's Department for corrective action. This appears to have worked well in the past, but once the public is aware that we da have a police commission, concerns expressed by more than one citizen may be appropriate topics for the commission to review before the Sheriff's Department is contacted. In addition, a Sheriff's Department representative would always be available to attend our meetings. This brings us to the main purpose of this memo, which is the county has provided a renewal contract for the City Council to consider for the years 1992 and 1993. Normally we've had a one-year renewable contract, but the county is now proposing to establish a two-year contract, which sets the hourly rate for service at $26 for 1992 and $28.50 for 1993. This may be an appropriate time for the commission to meet and review the contract, not in regard to language, but more so in relation to the number of hours of coverage we are receiving. For the past few years, the City has contracted for '1,321 hours of coverage broken down as follows: 1. 16 hours per day, 4 days per week (3,328 hours) 2. 19 hours per day, 3 days per week, 2 of which shall be Friday and Saturday (2,964 hours) 3. 613 hours assigned at the discretion of the county 4. 416 hours to cover Friday and Saturdays for six months of the year • Memo Police Advisory Commission November 20, 1991 Page 3 While the fee has increased from $23.50 per hour in 1991 to $26 in 1992, the question becomes whether our 7,321 hours is still sufficient coverage far the city. For most days of the week, there is not a patrol officer on duty in Monticello 24 hours a day. Hours where coverage is not provided usually occurs during the morning, although some of the 613 hours assigned at their discretion da cover morning hours. But as you can see, 613 hours spread out over a year only amounts to 11 hours a week. In addition, some of the hours involve more than one patrol officer, which are usually concentrated on evenings over Friday and Saturday nights. At this point, I am not aware of any complaints from citizens or businesses concerning our coverage level nor any request for additional man-hours. When we had problems in the past with cruising activities on Friday and Saturday nights, the county had provided additional manpower to stem the problem. In addition, recently there were concerns expressed over cars exceeding the speed limit along Broadway, especially on the east end of town, and the county has always been cooperative in providing an extra patrol for our complaints. But some day we may reach the point where the contract hours should be increased to a point where additional deputies are available during most morning hours when I think the public now is aware that we may not necessarily have coverage. Lieutenant Don Lindell of the sheriff's department is preparing some information concerning our coverage level and summarizing some problem areas they have encountered in the city. When the Police Commission meets, I think it would be a good idea to invite Mr. Lindell to attend our meeting to hear the Sheriff Department's concerns over our level of coverage and any recommendations they may have. The advisory committee could then analyze this information and possibly make a recommendation to the City Council before they consider the contract renewal scheduled for December 9. It is my understanding most commission members would prefer a Wednesday or Thursday meeting; therefore, I have tentatively set 7:00 p.m., Wednesday, December 4, as our next meeting date. If any of you are unable to attend, please contact me as soon as possible, and T will reschedule. Attached you will find a copy of the proposed sheriff's contract for your review. MINUTES MONTICELLO POLICE COMMISSION Tuesday, June 18, 1991 - 7:00 p.m. Members Present: Brad Fyle, Warren Smith, Curtis Schmidt, and David Gerads Members Absent: None The Police Commission discussed the possibility of advertising for the fifth position on the commission. It was suggested that another ad be run in the Shopper and Monticello Times. The commission discussed having a teenager serve on the commission. It was determined that a teenager should not be a voting member on the commission; however, the group did conclude that it would make sense to have a teenager serve on the commission as an ex-officio member. It was suggested that the proposed ordinance be modified to allow a teenager to be an ex-officio member of the commission. It was suggested that City staff find other communities that have a police commission and obtain any information that we could get regarding the operation of other commissions. This might include . policy statements or ordinances governing commissions, and perhaps City staff could contact commission members serving other communities to find out where their efforts are focused. Once additional information regarding other commissions has been collected, the commission plans on reviewing the basic duties of the commission as outlined in the proposed ordinance and come up with a refined list. After this list is prepared, it was proposed that the proposed ordinance be submitted to the Sheriff for feedback. I informed the Police Commission that we would try to have the information requested by mid to early July. It was the consensus of the group to meet on a Wednesday or Thursday. ~~~'~ Jeff O'Neill Assistant Administrator • ~ ~ TENTATIVE ORDINANCE AMENDMENT N0. THE CITY COUNCIL OF MONTTCELLO, MINNESOTA, DOES HEREBY ORDAIN THAT TITLE 2 OF THE MONTTCELLO CITY ORDINANCE BE AMENDED BY ADDING THE FOLLOWING CHAPTER CREATING A POLICE ADVISORY COMMISSION: CHAPTER 7 Police Advisory Commission SECTION: 2-7-1: Establishment of Advisory Commission 2-7-2: Membership 2-7-3: Term of Office 2-7-4: Vacancies 2-7-5: Legal Advisor 2-7--6: Rules 2-7-7: Officers 2-7-8: Duties and Functions . 2-7-9: Meetings 2-7-10: Compensation 2-'1-11: Amendments 2-7-1: ESTABLISHMENT OF ADVI50RY COMMISSION: A Police Advisory Commission is hereby established to advise the City Council on police and public safety matters. 2-7-2: MEMBERSHIP: (A) Compas_ition - The Commission shall consist of four general members and one member of the City Council. (B) General Members - All general members shall be appointed by the Council. Any vacancy in a general membership shall be filled for the unexpired term by the Council. A general member of the Police Commission may be any adult resident of the city. (C) Council Representative - The Council representative shall be appointed by the Mayor with ratification by the City Council. (D) Ex-officio Re~r~sentatives - Staff members of the Police Advisory Commission may include the City Administrator, Assistant Administrator, Public Works Director, or other City personnel as requested by the commission. The Wright County Sheriff or department representative may also be requested to participate in commission meetings as necessary. Ex-officio representatives shall not be eligible to vote on commission activities. C~ L • Ordinance Amendment No. Page 2 2-7-3: TERMS: Appointment to the Commission shall be made at the first regular January meeting of the City Council or more often if required. General members shall be appointed for three-year terms beginning January 1 and ending December 31 of the third year following (and until a successor is appointed and qualified), except that of the general members initially appointed by the Council, one shall serve for a term of one year, one far a term of two years, and one for a term of three years. General members appointed after the initial Commission shall be appointed for a three-year term. 2-7-4: VACANCIES: In the case of a vacancy during the term of office of any general member of the Commission, the Council shall appoint a new member to serve the remainder of the term. A vacancy shall exist if any one of the following occur: death, disability, residence outside of the city, resignation, or removal by a majority vote of the Council. 2-7-5: LEGAL ADVISOR: The City Attorney shall serve as legal advisor to the Commission. 2-7-6: RULES: The Commission may adopt rules and regulations for its own proceedings and shall meet at regular intervals, the time and 'place to be established by rule adopted from time to time. All meetings of the Commission shall be open to the public except for those of disciplinary matters. 2-7-7: OFFICERS: The Commission shall elect from among its members a chairman, vice chairman, and a secretary. (A) Duties of Chair - The chair shall preside at all meetings of the Police Commission and shall have the duties normally conferred and parliamentary usage of such officers. (B) Duties of Vice Chair - The vice chair shall act for the chair in his absence. (C) Duties of Secretarv - A secretary may be appointed who is not a member of the Police Commission but can be employed as a member of City staff. The secretary shall keep the minutes and records of the commission; and with the assistance of staff as is available shall prepare the agenda of the regular and special meetings for commission members, arrange proper and legal notice of hearings when necessary, attend to correspondence of the commission, and other duties as are normally carried out by a secretary. 2-7-8: DUTIES AND FUNCTIONS: The duties and functions of the Commission shall be as follows: (A) to assist the Council in planning and research in the area of police matters, including budget, hours of coverage, inter- Ordinance Amendment No. Page 3 (S) to develop a citizen complaint procedure on matters of public safety and general police work; (C) promote public interest in and an understanding of the police department and police work; (D ) to cooperate with all community groups and civic organizations within the city and furnish them such aid and advice in matters of public safety as deemed appropriate within the means provided by appropriations made by the Council; (E) to confer with and advise the Council on all matters concerning public safety within the city; (F) to take under advisement, study, hold hearings, and make their written recommendations to the Council on all matters of public safety referred to them or initiated by majority vote of the Commission; (G) to serve as a forum far the citizens of Monticello to voice their opinions regarding community safety activities and functions; (H) to encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the community safety function. 2-7-9: MEETINGS: The Police Advisory Commission shall hold quarterly meetings. Special meetings may be scheduled by the chairman as needed. All meetings shall be open to the general public. 2-7-10: COMPENSATION: Members of the Commission shall serve without compensation. 2-7-11: AMENDMENTS: This ordinance may be amended as recommended by the majority vote of the existing membership of the Police Commission and only after a majority vote of the City Council. Adopted this 25th day of February, 1991. • Mayor City Administrator . LAW ENFORCEMENT CQNTRACT THIS AGREEMENT, Made and entered into this day of November 1991 by and between the COUNTX OF WRIGHT and the WRIGHT OOUNTY SHERIFF, hereinafter referred to as "County", and the City of Monticello hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, The Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection with the corporate limits of said Municipality through the County Sheriff; and WHEREAS, The County is agreeable to rendering such services and protection on the terms and conditions hereinafter set forth; and WHEREAS, Such contracts are authorized and provided for by the _ - - -- - . -- -provision--- of----MirinesoCa--Statues---- 471-_.59..-_-and Minnesota Statutes §436.05; NOW, THEREFORE, Pursuant to the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: - 1. That the County by way of the Office of the Sheriff agrees to provide police pratectivn within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and • . Stat'1te5. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided far the unincorporated areas of the County of Wright, State of Minnesota. c. The rendition of services, the standard of performance, the discipline of the officers and the other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority, i.e.: The State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city manacement matters, i.e., sewer and water collection, etc., shall be excluded from this agreement. The . Municipality shall be responsible for enforcement of the Municipal Zoning Code, except that the Sheriff will enforce nuisance ordinances conforming to State law, i.e.: junk cars, etc., and traffic ordinances, i.e.: parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. 3. That the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention and all supplies necessary to maintain the level of service to be rendered herein. 4. The Muncipality shall not be liable for the direct payment of any salaries, wages or other compensation to any personnel performing • -2- services herein for said County. 5. The Muncipality shall not be liakale for oampensation or indemnity to any of the Sheriff's employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers and employees shall not be deemed to assume any liability far intentional or negligent acts of said Municipality or any officer, agent or employee thereof. 7. This agreement shall be effective from January 1, 1992 to December 31, 1993. 8. The Municipality agrees to pay the County the sum of $25.00 per hour for law enforcement protection during the calendar year 1992 and $28.50 during the calendar year 1993. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 9._._.. Thi -~coht~act~shall.6e extended automaticalry-for successive one year periods at a rate to be established by the County, unless the County or the Municipality shall notify the other of termination, in writing, prior to August I5, 1993, and a like date of each subsequent year. 10, The number of hours of service to be provided pursuant to this contract are as follows: 16 hours per day/4 days per week 19 hours per day/3 days per week 613 hours (discretionary) 416 hours additional on Fridays/Saturdays for a total of 7,321 hours -3- and shall provide 24 hour call and general service. The Municipality • shall notify the County in writing prior to August 1S regardinc any change in the number of hours for the subsequent year. 11. The County shall provide far all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance o£ this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to Yaw, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of phis contract__~...... -. _ _ _ .. ..--- --- - The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 13, For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the municipal council, the Mayor or other person or persons shall be appointed by said council to act as police commissioner(s) for said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. -4- „~ ... , .. L:. _. _ _~ C .~. ~. h.._ .. _ ., ~, .. _. r. -r'" ..~~ • ,W .. w.,, . . ~.,. ~. _. _.. _.. ~.. _ .. 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adapted by its governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written, Dated: Mayor ATTEST: Clerk WRIGHT CgUNTY COMMISSIONERS Dated: Michelle Bogenrief Chairperson ATTEST: Richard W. Norman County Coordinator Dated: Donald Hozempa Wright County Sheriff Approved as to form and execution: e Wyman A. Nelson Wright County Attorney -5-