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
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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
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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
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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
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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.
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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
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