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JOINT POWERS AGREEMENT <br />ESTABLISHING THE PROSECUTORIAL AUTHORITY OF THE <br />ELK RIVER CITY ATTORNEY'S OFFICE <br /> <br />THIS AGREEMENT, entered into by and between Sherburne County, hereinafter <br />"County" and the City of Elk River, hereinafter "City", both parties being governmental <br />and political subdivisions of the State of Minnesota. <br /> <br />WHEREAS, the parties to this Agreement are responsible for the enforcement of state <br />law in their respective jurisdictions; and <br /> <br />WHEREAS, the parties desire to define which violations of state law Will be prosecuted <br />by the City Attorney's Office; and <br /> <br />WHEREAS, the purpose of this Joint Powers Agreement is to establish the <br />prosecutorial authority of each party for violations of state and local law occurring within <br />the limits of City; <br /> <br />NOW, THEREFORE, County and City, pursuant to the authority contained in Minn. Stat. <br />{}471.59, commonly known as the Joint Powers Act, in order to accomplish the <br />foregoing purposes, agree as follows: <br /> <br />1. Prosecutorial Authority of City Attorney <br /> <br />The City Attorney's Office will prosecute violations of state law that are petty <br />misdemeanors, misdemeanors, or gross misdemeanors, except as provided in Minn. <br />Stat. {}388.051, subd. 2(c), that are alleged to have occurred in the City of Elk River with <br />one exception: <br /> <br />The Sherburne County Attorney's Office shall be fully responsible for the <br />prosecution of all offenses by inmates occurring within the Sherburne County <br />Sheriff's Jail Facility. <br /> <br />The City Attorney's Office will prosecute all violations of City Ordinances/Codes. <br /> <br />2. Prosecutorial Authority of County Attorney <br /> <br />The County Attorney's Office will prosecute violations of state law that occur in the City <br />of Elk River that are felonies and the crimes set forth in Minn. Stat. {}388.051, subd. <br />2(c), and listed as follows: (A) failure to report physical or sexual child abuse or neglect <br />as provided under [}626.556, subd. 6; (B) violations of fifth-degree criminal sexual <br />conduct under §609.3451; and (C) environmental law violations under §115.071, <br />§299F.098 and §609.761. <br /> <br /> <br />