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| Release Date:
January 08, 2002
Last Update: July 17, 2002
WHEREAS, the participating entities (cities, townships, counties, villages, state agencies, and federal agencies) ("participating entities") enter into this agreement pursuant to the Urban Cooperation Act, MCL 124.501 et seq.; and
WHEREAS, the agreement is also signed by various law enforcement officials whose departments and offices will be implementing the agreement on behalf of the participating entities.
WHEREAS, the participating entities are desirous of establishing a cooperative task force by combining their investigative services, manpower, and/or resources for the purpose of enforcing narcotic and/or controlled substance laws and deterring related criminal activity.
THEREFORE, in consideration of the mutual interest, obligations and promises herein contained, the participating entities hereto agree as follows:
OPERATIONAL PROCEDURES AND GUIDELINES
The participating entities enter into this agreement to create the ________ for the purpose of combining their efforts toward the enforcement of narcotic and controlled substance laws in the State of Michigan. The police agencies of the participating entities shall participate in the joint law enforcement activities as described in this agreement and are referred to sometimes hereafter as "Police Agency of a Participating Entity," "Participating Police Agency," "Participating Agency," or "Participating Police Jurisdiction."
II. _______________________ COMMAND BOARD
A Command Board shall be formed which will consist of the administrative heads, or their representatives, of the police agencies of the participating entities contributing law enforcement personnel to ________. The Command Board shall meet bi-monthly on matters concerning the day to day operations of the Team. A quorum shall consist of a simple majority of the members present and voting.
The Prosecutors of ________, ________, and ________ counties, or their duly designated representatives, shall also be members of the ________ Command Board if they elect to exercise that membership.
The Command Board shall elect from among its appointees the following officers at the first meeting of each calendar year:
The Chief of the ________ Police Department shall serve as chairperson and preside over meeting of the Command Board. A Vice-Chairperson elected by the board shall assist the Chairperson on matters pertaining to activities of the Board and assume the responsibility of presiding over meetings in the absence of the Chairperson. A secretary who shall be responsible for recording the minutes of each Board meeting, publishing them and delivering them to each member.
Each law enforcement officer assigned to ________ by their participating police agency shall remain an agent of their own police agency. However, while assigned to ________, they will be under the direction and supervision of the Command Board. Said participating police agencies and officers assigned to ________ agree to conform to all operating procedures established by MSP, Criminal Investigative Division Policy Book, specifically including but not limited to, the handling of narcotic cases, confidential informants, evidence, and forfeiture procedures.
IV. INVESTIGATORY REPORTS
Team members will report on form prescribed by MSP and submitted through MSP channels to ensure maximum coordination and retention of suspect information. Any participating agency which has an interest and need for reports involving a particular case will have access to or will be furnished with a copy of all reports involving the case by the ________ Commander. The provisions of this section do not preclude ________ personnel from preparing other reports required by their participating agency.
Monthly activity summaries and an annual report of ________ operations will be prepared by the ________ Commander and provided to all participating agencies.
V. FREEDOM OF INFORMATION REQUESTS
Requests for investigatory reports and other information regarding ________ shall be addressed to the Michigan Department of State Police Freedom of Information Act Coordinator, Central Records Division, General Office Building, 7150 Harris Drive, Lansing, Michigan 48913.
VI. ________ COMMANDER
The Michigan Department of State Police shall appoint a ________ Commander who shall have the authority, as designated by the Command Board, to provide management over ________ operation. All personnel and equipment of the participating police agencies shall be under the immediate control of the ________ Commander or a person so designated by the ________ Commander. The ________ Commander will have the responsibility for the day-to-day supervision, coordination, and the progress of narcotic investigations. The Commander will also arrange for the training of participating police personnel, for the control and accounting of expenditures and property, and for the filing of a monthly report of ________ activity to each Command Board member.
VII. ASSIGNMENT OF PERSONNEL
The participating police agencies shall assign such police personnel to temporary full-time duty with ________ which in the opinion of the Command Board is consistent with the objectives of this Agreement. The administrative head of each police agency, in conjunction with the ________ Commander, shall be responsible for the selection of personnel.
VIII. COMPENSATION, LIABILITY AND INSURANCE
Personnel costs for sworn law enforcement officers assigned to ________, including wages, overtime, insurances, and other fringe benefits shall be provided for and paid by the participating police agency supplying such personnel. The exception would be those personnel funded through grants.
Liability insurance and/or legal representation in civil suits against ________ personnel, participating agencies, and/or the agency's representatives on the Command Board for alleged intentional or negligent acts or omissions arising out of activities performed by ________ shall be provided by the participating agency employing that personnel or appointing that representative to the ________ Command Board.
In no event, shall ________ indemnify assigned personnel, a participating agency, or its appointed representative to the Command Board, or its insurer against actual or punitive damages provided, however, that the Command Board, although not a separate entity, shall obtain liability insurance covering the Command Board and receive legal representation arranged by the City of ________. Judgments against the Command Board, as well as the costs of litigation against the Command Board, shall be paid through liability insurance coverage and other assets held by the City of ________ as Custodian under Articles II and III of this agreement.
Any duly sworn police officer, while assigned to ________ and while working at the direction of ________ Commander, and pursuant to the purposes and activities of ________, shall have the same powers, duties, privileges and immunities as are conferred upon him/her as a police officer in his/her own jurisdiction, and in any jurisdiction within the State of Michigan.
X. SERVICE OF WARRANTS
If arrest or search warrants are to be served within a participating police jurisdiction, sufficient notification shall be made to the affected police agency to allow for the assignment of uniform personnel and such other personnel as that agency may request, who shall assist in effecting such warrants. In the event of an emergency situation where an arrest has to be made for an on-site violation, the local department shall be notified immediately of such arrest.
XI. NEWS RELEASES
All news releases pertaining to such arrests within a participating jurisdiction shall be the joint responsibility of that agency director and the ________ Commander. Any such news release shall be coordinated between the police agency and the ________ Commander to ensure the integrity of the investigation. Any news releases made pertaining to the overall operation of ________ will be made by the Chairperson of the Command Board or by the ________ Commander at the direction of the Chairperson of the Command Board.
Each participating department shall assign such equipment as is required by personnel assigned from that agency. This would include such items as vehicles, binoculars, vests, weapons, etc. Participating agencies shall make known to the Team Commander any equipment or technical services which might be available for use by ________. Each department assigning an officer on a full-time basis shall provide the ________ Commander with a list of firearms the assigned officer has been trained to use and is authorized to carry. Vehicles assigned to ________ by participating agencies shall be insured or self-insured by that agency and should be equipped with radios that are capable of utilizing the State Police Narcotics Unit frequencies. The Michigan Department of State Police shall authorize participating agencies to utilize these frequencies during the duration of their participation in ________.
XIII. REQUESTS FOR ASSISTANCE
Any participating police
agency may request aid in enforcing narcotics laws within their jurisdiction.
All requests will be evaluated by the Team Commander and by his/her designated
representative, for assignment based on Team priorities and the Team's
ability to respond to the request.
FORFEITURE PROCEDURES AND DISPOSITION OF PROPERTY SEIZED
I. FORFEITURES PURSUANT TO THE CONTROLLED SUBSTANCE ACT
All property seized by ________ pursuant to MCL 333.7521 et seq., as amended, shall be maintained and handled pursuant to Michigan State Police guidelines under Michigan State Police Department policies, and will be recorded on the prescribed MSP forms. Property will be controlled, inspected, and disposed of according to MSP procedures.
When property is seized pursuant to said forfeiture act, an officer assigned to ________ seizing the property shall use the standard Michigan State Police Narcotics Forfeiture Forms. The Michigan State Police will be the Quartermaster and custodian of all property seized by ________ and will receive and maintain said seized property under MSP policies.
In the event that property seized by ________ is subsequently forfeited to the ________ Fund being held on behalf of the ________ by the City of ________ pursuant to this agreement, the property will be disposed of in accordance with MCL 333.7524. All property forfeited to the ________ Fund, including the proceeds from the sale of said property, shall be used to enhance law enforcement efforts pertaining to the Controlled Substance Act.
In the event that it is necessary to file judicial forfeiture proceedings, the ________ County Prosecutor shall file forfeiture proceedings for property seized by ________. Said forfeiture proceedings shall be instituted in the name of the ________ County Prosecuting Attorney.
The following activities shall receive priority with respect to funding received from drug forfeitures pursuant to MCL 333.7524 prior to the expenditure of monies for any other purposes:
(1) Payment of expenses for storage of seized property and its maintenance;
(2) Payment of expenses for the sale of forfeited property;
(3) Court costs and fees related to the forfeiture proceedings;
(4) Grant matches;
(5) "Buy money" in an amount determined by the Command Board in its budget;
(6) Rent and utilities for
a facility to house ________, office supplies, office equipment,
(7) Vehicle lease costs;
(8) Emergency Overtime Fund.
Any requests by a participating police agency for forfeited property shall be directed to the ________ Commander.
II. CUSTODIAN OF SEIZED AND FORFEITED MONIES AND PROPERTY
The City of ________ shall be the custodian of all seized and forfeited monies for purposes stated under MCL 333.7524. All such money received by the City of ________ shall be placed in a "Drug Law Enforcement Fund 265 Account." The City shall establish two such accounts: (1) A "Pending" non-adjudicated forfeiture account in which shall be placed all seized monies prior to settlement or judicial adjudication. Monies shall not be disbursed from said Pending account unless the City receives an Administrative Order, a Stipulation of Out-of-Court Settlement, a Judgment of Forfeiture, or a Court Order authorizing the release of said monies; (2) A "Revenue" account which shall contain forfeited monies, proceeds from the sales of forfeited real and personal property, a court ordered restitution receipts, and any other miscellaneous income received by ________ or the Command Board.
Property forfeited to the ________ Fund and used by ________ to enhance drug law enforcement shall be inventoried and otherwise accounted for by the City on an ongoing basis.
All existing funds and/or property in the possession of ________ shall be transferred and utilized pursuant to and in accordance with the terms of this Agreement.
III. DUTIES AND FUNCTIONS OF THE CITY OF ________
The City of ________ shall perform those functions and exercise those powers and responsibilities set forth at MCL 333.7524 and is to receive funds obtained pursuant to MCL 333.7524, but only for the purposes specified under this Agreement.
The City of ________, as the custodian of the seized and forfeited funds and property, shall comply with the terms of MCL 333.7524a with respect to the annual reports and audits required under that statute which pertain to the receipt and disbursement of forfeited property. Audit findings shall be submitted to each of the participating entities under this Agreement.
The City of ________ shall also prepare and submit to each participating entity under this Agreement in January each year a proposed line item budget. The proposed budget shall include proposed allocation in response to requests for drug law enforcement support from each participating unit. This budget shall be adopted by the City of ________ no later than May each year and submit the same to the participating governmental units for informational purposes.
Not withstanding any contrary provision, the City of ________ is to adopt a budget which provides for the payment of the following expenses from the drug forfeiture property received pursuant to MCL 333.7524 prior to the expenditure of monies and within the anticipated revenues and beginning balance of the fund.
(1) Payment of expenses for storage of seized property and its maintenance;
(2) Payment of expenses for the sale of property seized;
(3) Court costs and fees related to the forfeiture proceedings;
(4) Grant matches, i.e.,
match money for the three (3) investigators assigned to ________
(5) One (1) clerical employee's
salary and fringe benefit cost for the time spent performing
(6) "Buy money" in an amount determined by the City of ________ in its budget;
(7) Rent and utilities for
a facility to house ________; to include office supplies and office
(8) Annual audit and costs for the reports required as set forth above; and
(9) Other drug enforcement related expenses.
Payments for the above expenses shall be made after receipt of appropriate documentation verifying the expenditures.
IV. ELIGIBILITY REQUIREMENTS FOR RECEIPT OF FORFEITURE FUNDS
All participating entities shall maintain at least one (1) full time police officer assigned to exclusively work in drug law enforcement with ________. Failure to maintain at least one (1) full time police officer assigned exclusively to ________, except as provided below, shall eliminate the right of any such entity to receive funds and other benefits as a participating entity.
A participating entity's right to receive funds shall not be affected due to a reduction of a full time police officer(s) assigned exclusively to work in drug law enforcement if that police officer(s) is:
(1) Off work because of accident
or sickness for sixty (60) days or less during a twelve (12)
(2) On Workers Compensation
for sixty (60) days or less during a twelve (12) month
(3) Reassigned due to an
emergency for not more than sixty (60) days during a twelve (12)
I. WITHDRAWAL FROM AGREEMENT
Any participating entity may withdraw from this Agreement by providing not less than thirty (30) days prior written notice to each of the participating entities. The Agreement may be terminated by joint action of all the participating entities at any time.
II. DISTRIBUTION OF FORFEITURE ASSETS UPON WITHDRAWAL
In the event that any participating entity withdraws from this Agreement, any assets which have been retained by the City of ________ shall remain in the custody of the City and shall be disposed of as provided herein.
III. DISTRIBUTION OF FORFEITURE ASSETS UPON TERMINATION
In the event of a complete termination of this Agreement, any remaining assets shall be distributed to each of the participating entities. That distribution shall be proportionate to the number of law enforcement positions allocated, excluding grant funded positions, plus the proportionate amount of funds provided, if any, to the cooperative drug law enforcement effort in the preceding twenty-four (24) months by participating entities.
Although the county sheriff(s), county prosecutor(s) and local police chief(s) are not parties to the agreement and aren't required to sign the agreement, they may sign as acknowledgement of their role as described in the agreement.
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