4.10. SR 05-16-2016 - Laserfiche WebLink

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Agreement 2016-17 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 and County 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. Term of Agreement The term of this Agreement shall be from January 1, 2015 to December 31, 2018, regardless of the date of signatures hereunder, unless earlier terminated by law or according to the provisions herein. 3. Termination of Agreement A) This Agreement may be terminated with or without cause by either party upon 180 days written notice to the other party.