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HomeMy WebLinkAboutResolution - 77-4 - Joint Resolution Establishing the Hennepin County Criminal Justice Coordinating Council - 01/18/1977 12/2/76 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-4 - JOINT RESOLUTION ESTABLISHING THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL WHEREAS, the parties to this joint resolution recognize the need for criminal justice system planning and coordination on a countywide basis; and, WHEREAS, it is the sense of the parties hereto that the effective- ness of such planning and coordination on a countywide basis would best be served by the establishment of a criminal justice coordinating council consisting of representatives of the parties hereto for the purpose of coordinating activities which will improve and strengthen law enforcement and criminal justice, encouraging research and development activities directed toward the improvement of law enforcement and criminal justice and assisting in the development of new methods for the prevention and reduction of crime and juvenile delinquency; and, WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351), and acts amendatory thereto, encourages and provides for the establishment of criminal justice coordinating councils in major urban areas to assure improved planning for and coordination of criminal justice agencies and activities within those jurisdictions; NOW, THEREFORE, BE IT RESOLVED that the Hennepin County Criminal • Justice Coordinating Council be established in accordance with the pro- visions as set forth in the accompanying operational bylaws and pursuant to the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, and acts amendatory thereto; BE IT FURTHER RESOLVED that the City of Eden Prairie agrees to participate as a member of the Hennepin County Criminal Justice Co- ordinating Council . RESOLUTION NO. 77-4 Page 2 ADOPTED BY EDEN PRAIRIE CITY COUNCIL this 18th day of January , 1977. Wo'lfa Mg Penzel, Mayor SEAL ATTEST hn D. _ ane, City Clerk s 12/2/76 OPERATIONAL BYLAWS: HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL ARTICLE I. ESTABLISHMENT The Hennepin County Criminal Justice Coordinating Council (HCCJCC) is established pursuant to a joint resolution passed by Hennepin County, the city of Minneapolis and any number of suburban municipalities within Hennepin County which, together with the city of Minneapolis, contain at least 50 percent of the total population of Hennepin County. ARTICLE II. GENERAL PURPOSE The HCCJCC is established as a forum through which local units of government in Hennepin County may, by association, consultation and study, • cooperatively promote improvements in the criminal justice system which transcend departments, agencies and the geographical boundaries of the individual communities. ARTICLE III. DEFINITION OF TERMS Section 1. For purposes of these bylaws, the terms defined in this article shall have the meanings given them. Section 2. "Local unit of government" shall mean any local governmental unit from within Hennepin County which is a party to the joint resolution, but shall not include a public authority, a school district, an improve- ment district or other special district. Section 3. "Member" means a local governmental unit which executes a joint resolution declaring its intent to participate. s - 3 - Section 3. Any suburban local unit of government desiring to become a member of the HCCJCC shall execute a joint resolution of participation and those same units of government which execute such resolutions shall ' jointly have the following representation on the HCCJCC: -- four individuals, either mayors or members of sub- urban city councils, elected, through mailed nomi- nations and ballots, by the mayors and council mem- bers of participating suburban local units of gov- ernment; -- two suburban city managers/administrators selected by the Hennepin County members of the Metropolitan Area Managers Association; and -- two suburban police chiefs/public safety directors selected by the Hennepin County members of the Hennepin County Chiefs -of Police Association. Section 4. Upon execution of a joint resolution of participation, • the city of Minneapolis shall have the following representation on the HCCJCC: -- the Mayor of the city of Minneapolis or his designee; -- the Minneapolis City Coordinator or his designee; -- the President or another member of the Minneapolis City Council ; -- .the Chief of the Minneapolis Police Department or his designee; -- the Minneapolis City Attorney or his designee; and -- a community representative selected by the Minneapolis City Council . Section 5. Upon execution of a joint resolution of participation, the county of Hennepin shall have the following representation on the HCCJCC: - 5 - of Minneapolis, contain at least one half of the population of the county and when executed copies from such governmental units have been filed as set out herein. Section 8. The initial members shall be those local units of gov- ernment which execute a joint resolution of participation on or before February 1, 1977. Governmental units wishing to join the HCCJCC after February 1, 1977, may do so only upon the execution and filing of a joint resolution of participation as set out herein. ARTICLE V. GOVERNING BODY Section 1. The governing body of the HCCJCC shall be the Council . Each representative on the Council shall be entitled to one vote. Section 2. During the conduct of normal Council business or activ- ities, representatives shall serve without compensation from the HCCJCC; but this shall not prevent a representative from receiving compensation for such expenses as are incurred from his appointing authority. Section 3. A majority of the representatives shall constitute a quorum of the Council . Section 4. There shall be no voting by proxy, but each representative will be entitled to designate one alternate who shall be entitled to at- tend meetings from time to time, but may not vote in the absence of the designated representative. Section 5. Representatives shall serve at the pleasure of the ap- pointing authority. - 7 - Council for a term of two years. The Council may delegate authority to the Executive Committee to meet on its behalf between Council meetings. Such delegation of authority shall be by resolution of the Council and may be conditioned in such manner as the Council may deem. Section 4. The Executive Committee shall have the authority to: a. Develop administrative policies and procedures for recommenda- tion to the Council . b. Develop revisions to these bylaws and policy statements for recommendation to the Council . c. Act as required on those matters which, because of time, must be decided upon between Council meetings. Prior notice will be provided to all Council members advising them of the subject on which such action is contemplated. d. Report actions to the Council as soon as possible, but in no event later than the first Council meeting subsequent to the Executive Committee meeting. e. *Council representatives shall be advised of the date, time and location of all Executive Committee meetings. Section 5. Regular public meetings of the Council shall be held at least quarterly. Section 6. Special meetings of the Council may be called (a) by the Co-chairmen, (b) by the Executive Committee or (c) upon the written request of a majority of the representatives. Five days written notice of special meetings shall be given to the representatives and such notice shall in- clude the agenda for the special meeting. - 9 - gifts or grants of money or other property from the state or federal gov- ernment or any other governmental units, or individuals, foundations or other organizations, to perform other work or activities deemed to be consistent with the scope of these bylaws. The Council may accept such aid through or with the authorization of the Hennepin County Board of Commissioners as expressed by their resolution. Section 4. The Council may study, or cause to be studied, problems or subjects relating to the provision of criminal justice services within Hennepin County. Section 5. The Council may advise and aid in the establishment of coordinated and cooperative criminal justice services and programs within Hennepin County. Section 6. The Council may render advice and technical assistance upon request to governmental units and agencies in Hennepin County, es- pecially in areas of an interagency or intergovernmental nature. Section 7. The Council may develop and make recommendations to local units of government and criminal justice agencies for the purposes of improving the quality and delivery of criminal justice services in Hen- nepin County. Section 8. The Council may analyze and cause to be published vari- ous statistical studies and other reports on matters related to the crimi- nal justice system in Hennepin County. Section 9. The Council shall function as the Law Enforcement Assis- tance Administration (LEAA) criminal justice coordinating council for Section 2. To assist in providing this service, Hennepin County will apply for, accept and function as auditor and controller of funding made avialable under the Omnibus Crime Control and Safe Streets Act of 1968, and any acts amendatory thereto, from the Minnesota Governor's Commission on Crime Prevention and Control and any other appropriate private or pub- lic, local , state or federal sources. Hennepin County shall provide the share of matching funds necessary to qualify for such planning grant ap- plications except for those grants wherein matching funds are required for special projects which benefit or are unique to one or more partici- pating members, but not all participating members, in which instances local match requirements shall be the responsibility of the benefited members. • Section 3. The responsibilities of the staff to the Council shall be those activities necessary to assist the Council in fulfilling the powers and duties outlined in these bylaws, primarily those duties and responsibilities associated with the conduct of LEAA programs within Hen- nepin County. Section 4. As provided in Section 2 of this Article and Article VII, Section 3, of these bylaws, the Council may retain special staff and sup- portive services to- perform other work and activities deemed to be con- sistent with these bylaws. ARTICLE IX. WITHDRAWAL, DISSOLUTION AND DURATION Section 1. Any member may, at any time, by resolution of its govern- ing body, give written notice of withdrawal from the HCCJCC. Actual 13 - amendment shall be submitted in writing to every member and representative at least thirty (30) days prior to the time it appears on the agenda of a Council meeting. Proposed amendments must be approved at the Council meet- ing by the number of votes equal to a two-thirds majority of the number of voting representatives. Before any amendment so approved by the Coun- cil representatives shall be in force and effect, it shall be subject to the approval of a two-thirds majority of the members, including the county of Hennepin and the city of Minneapolis. - 12 - withdrawal shall not take effect for a period of thirty -(30) days from the date that the written notice of withdrawal has been received by the HCCJCC. Section -2. The Council shall be dissolved (a) whenever a sufficient number of members, excepting Hennepin County, withdraw from the Council to reduce the total number of members to a level wherein the remaining members do not represent at least one half of the county population; (b) by two-thirds vote of all the representatives on the Council ; or (c) by resolution of the Hennepin County Board of Commissioners. If dissolution occurs per the provisions of this section, the Council must notify its current members of its intent to dissolve and also must continue to pro- vide services to its members for at least sixty (60) days from said notice of intent to dissolve.• • Sectioh 3. In the event of dissolution of the HCCJCC, any property acquired as the result of the activities of the Council and any surplus monies shall be returned consistent with the provisions of federal and state laws in proportion to the contributions of the parties executing joint resolutions after the purposes of the resolution have been completed. Section 4. The joint resolution authorizing the establishment of the HCCJCC shall continue in effect initially for one year and shall be conclusively deemed to have been renewed by the participants each year thereafter until terminated in accordance with the terms of these bylaws. ARTICLE X. AMENDMENTS Amendments to these bylaws may be proposed by any member, member representative or specially selected representative. Such proposed - 10 units of government within Hennepin County and shall carry out those 9 P duties and responsibilities as provided for in the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351), and acts amendatory thereto, in cooperation with the Governor's Commission on Crime Prevention and Control . Section 10. No action of the Council shall bind or alter the power and authority of any local unit of government or agency in Hennepin County. Further, nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the participating units of government or as constituting the HCCJCC as the agent or representative of any participating units of government for any purpose except when specifically requested to function as such for those purposes as provided herein. The participating local units of gov- • ernment are to be and shall remain independent units of government with respect to all services performed under the authorizing joint resolution and these bylaws. ARTICLE VIII. STAFF AND SUPPORTIVE SERVICES Section 1. Staffing and supportive services for normal Council busi- ness and activities will be provided by Hennepin County and, accordingly Hennepin County shall be responsible for the selection, employment, super- vision and dismissal of all employees serving the Council . Hennepin County will consult with the HCCJCC Executive Committee on matters rela- ting to the selection and retention of the staff supervisor. 3��1 _ 8 � Section 7. Notice of regular meetings of the Council shall be given to the representatives at least ten (10) days in advance and the agenda for such meetings shall accompany the notice; however, business at regular meetings of the Council need not be limited to matters set forth in the agenda. Section 8. Complete and accurate minutes of each meeting of this Council shall be maintained and copies of said minutes shall be transmitted to the legal address of each Council representative prior to the next meeting of the Council . Upon approval and adoption of these minutes, a copy of same shall be transmitted within ten (10) days to all members and other official bodies as appropriate. Section 9. Robert's Rules of Order Newly Revised shall govern the proceedings at meetings of this Council in all matters not otherwise gov- erned by these bylaws. ARTICLE VII. POWERS AND DUTIES Section 1. The powers and duties of the Council shall include the powers set forth in this article. Section 2. The Council may appoint such subcommittees, committees and task forces as it deems necessary: Membership on committees and task forces maybe drawn from Council members and representatives as well as from other public and private sector agencies, organizations and associ- ations. Section 3. When requested by the Couficil ; and authorized by the Hen- nepin County Board of Commissioners, the Council may apply for donations, - 6 - Section 6. Three consecutive absences without good cause shall be sufficient reason for the Council to find a vacancy exists in the term of the representative involved. The Council shall first notify the representative of his pending termation and, if necessary, the appoint- ing authority for the purpose of requesting the appointment of a new representative. Section 7. Vacancies on the Council shall occur when the represen- tative ceases to hold the position which entitled him/her to representation or for other reasons which shall prohibit the representative from attend- ing duly called meetings of the Council . In the event such a vacancy occurs, the appointing authority shall be notified and the Council shall request the appointment of a new representative. ARTICLE VI. MEETINGS AND OFFICERS Section 1. Within thirty (30) days after the filing of the required number of joint resolutions of participation as set out herein, the first meeting of the HCCJCC shall be called and shall be held not later than fifteen (15) days thereafter. Section 2. At the first meeting of the Council and in February of each odd numbered year after 1977, the Council shall elect from its mem- bership two co-chairmen and a vice-chairman. The officers shall be elected officials from Hennepin County, the city of Minneapolis and a participating suburban local unit of government. Section 3. The Council shall have an Executive Committee consisting of the Council officers and two other representatives elected by the _ 4 _ -- the Chairman or another member of the Hennepin County Board of Commissioners; -- the Hennepin County Administrator or his designee; -- the Hennepin County Attorney or his designee;. -- the Chief Judge of the Hennepin County District Court or his designee; -- the Chief Judge of the Hennepin County Municipal Court or his designee; -- the Hennepin County Public Defender or his designee; -- the Hennepin County Sheriff or his designee; and -- the Director of the Hennepin County Department of Court Services or his designee. Section 6. In February of 1977 and each odd numbered year thereafter, the HCCJCC shall select four private sector agencies, organizations and/or associations for representation on the Council . Such agencies, organiza- tions and/or associations must have a direct relationship to the provi- sion of criminal justice services in Hennepin County. When selected, these private sector agencies, organizations and/or associations will be notified by the officers of the HCCJCC of their eli- gibility for representation and requested to nominate representatives. Upon notification, they shall specify their nomination for .representation on the HCCJCC and, when accepted by the Council , shall be entitled to full voting privileges. Section 7. The HCCJCC is duly established when the joint resolution has been executed by the county of Hennepin, the city of Minneapolis and any number of municipalities in the county which, together with the city - 2 - Section 4. "Representative". means an individual serving on the Hen- nepin County Criminal Justice Coordinating Council on behalf of eligible member units which enter into the joint resolution. "Representative" also means an individual serving on behalf of any private sector agency, organization and/or association related to or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any special departments or offices as designated in these bylaws. Section 5. "Hennepin County Criminal Justice Coordinating Council", which organization is hereafter referred to as HCCJCC, means the organi- zation created pursuant to the joint resolution of participation. Section 6. "Council" means the-collective member representatives who shall serve as the governing body of the HCCJCC. IV. MEMBERSHIP Section 1. Any local unit of government in Hennepin County is elig- ible for membership in and representation on the HCCJCC. Also, as provided in these bylaws, private sector agencies and/or associations related to or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any specially designated depart- ments or offices, are eligible for representation on the HCCJCC. Section 2. Any local unit of government desiring to become a member of the HCCJCC may do so by the duly authorized execution of a copy of the joint resolution by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file an exe- cuted copy of the joint resolution with the Hennepin County Administrator.