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Newspaper Clipping - Newspaper Clipping Scan - Eagan police canines, copy of the Field Guide to Law Enforcement 2001 edition, police scanner manual - 1/1/19727o! T`• • r• 7 II II • • • 1 • r • •1 •, —,I • 41 Ir I • •Ia • ,I' • .4' II tL III ■ III II ' tl 1 IP' r • ..r 1 t. II C, • II 1'1 •11 1. 4. 1 I I• 1. :i • • ti • .- • 4 Y.r • 1 • 111 • y _L .. IIf•71�•' 1- • • • • I 6 R • i• •1 • r • a C'cuit/J- 2(14iI.16 1 Community. With the Community, For the Community Dakota County he ;es 10- in ta- ,ur es )st zy ic- ny he ed ith torically averages less than three homi- cides per year. Drug -related charges down sharply. Those charges dropped from 618 to 414 in 2008. While methamphetamine-related charges dropped from 330 to 162, it still remains the most common illegal drug involved in criminal charges. Authorities seized one meth lab in the county last year, down from six in 2007. The highest number seized in a year was 28. Backstrom pointed to the restriction of the sales of ephedrine and pseu- doephedrine sales in 2005 and preven- tion and public awareness efforts as some reasons for the decrease. Car thefts down. The county charged 51 individuals with felony car theft, down from 89 in 2007. Backstrom said a cooperative effort with Scott and Carver counties that also has a preven- tion education component may have played a role in the decrease. "Most stolen cars were left unlocked with keys in them," he said. Crime by city. All Dakota County cities experienced a decrease in the number of felony crimes committed with the exception of Apple Valley, which saw the number increase from 159 to 173. West St. Paul saw the largest decrease from 236 to 164. The Dakota County Sheriff's Department saw about the same number of cases, going from 220 to 219. The full annual felony report can be viewed at dakotacounty.mn.us/attorney. /ritiSC Peilyeter /el Agency & Royal Caribbean 1pm wKids eelco r er N 55123 :92-0323 lily cruise vacations. - onboard and off. Royararbbean GM OW Ohre EaganpOliCe get new k-9 . Departmentholds naming contest for newest `officer' by Erin Johnson THISWEEK NEWSPAPERS Elementary school stu- dents in Eagan will have the chance to name the police department's newest offi- cer, a 1-year-old purebred German shepherd from the Czech Republic. The new K-9 will begin training in March with Officer Robbe Waller. He will replace former K-9 Gunnar, who worked with Sgt. Dan Tocko and recently retired after six years of service. The Eagan Police Department decided to hold a contest to name the new dog, said Officer Danielle Anselment. "We are excited to have the kids of Eagan help name our new police K-9," she said. "We think it's impor- tant to have our community involved in what we're doing here at the police depart- ment." Eagan's elementary schools have been notified of the contest and invited to participate. The winner will receive a classroom visit from the dog and its han- dler Submitted names should be no more than two syl- lables, Anselment said, because dogs are trained to respond to short commands. Past names have included Bullet, Cody, Tex, Smoky, King and Thunder. Eagan gets its K-9 dogs from the St. Paul Police Department, which also pro - Photo submitted The Eagan Police Department's new K-9 is a 1-year-old purebred German shepherd from the Czech Republic. He and his handler, Robbe Waller, will begin patroling in June after months of training. vides training for both the kids to help name the new dog and the officer. K-9 will give them a sense of Waller and his new dog ownership," Anselment said. will soon begin a 12-week "It is so fun to have them be training program with the a part.of it. They really enjoy St. Paul Police Department, it." followed by more training This is the second time in criminal apprehension, the department has held a searching buildings and naming contest for one of its locating missing persons. K-9s. Gunnar himself was Eagan purchased the dog the first. Five children sub - with a $7,500 donation from mitted the winning name in the Eagan Citizens' Crime that contest. Prevention Association. Other names submitted in "We may not have been that contest ranged from the able to purchase the K-9 this curious — Grassy, Spikey, and year had it not been for their Cat — to the serious — Bullet, generous donation," Ansel- Justice and Demon Shaper. ment said. The contest deadline is Typically, the handler Monday, Feb. 23, at noon. names the dog, and while Children who are unable to the officer will have final pick participate through their of the name, the department school can drop off their decided it would be good for entries at the police depart - children to'be involved in the ment lobby, located at 3830 Pilot Knob Road. The yet -to -be -named dog will begin patrolling Eagan 'streets in June. process. "Our community has shown great support for our K-9 program. Allowing the Eagan TV studio holds open house The new Eagan Televi- to 8 p.m. The main building sion studio is set to open and visitor parking is lo- - , An n, 4 Apple Valley, Rosemount & Eagan Sun -Current -Thursday, March 19, 2009 - www.mnSun.com 1 Introducing Zebo Bullet, Cody, Tex, Gunnar and now, Zebo. Zebo is the latest in the line of Eagan's police canines, as Officer Robbe Waller chose the name for the 1-year-old German Shepherd from more than 1,300 submissions from local elementary school students. The department had a contest to name the new dog. Waller chose the name, which was sub- mitted by a kindergarten student at Faithful Shepherd Elementary School, because he liked the sound of it and thought it was a good fit for his new dog. Zebo is replacing Gunnar as the department's canine. Gunnar, also a German Shepherd, recently retired after six years with the force and is living with his partner, Sgt. Dan Tocko. Waller began his training with Zebo Monday, March 9, at the St. Paul K-9 Training School. During the 12-week program, the canine team will receive training in criminal apprehension, building searches and locating missing per- sons.The dog was purchased with a $7,200 donation from the Eagan Citizen's Crime Prevention Association. SUBMITTED PHOTO Call him Zebo Eagan's new K-9 gets a name, courtesy of local kindergartner by Erin Johnson THISWEEK NEWSPAPERS Eagan's newest K-9 now joined the force. That con- calhas a name, thanks to a lo- est generated 500 entries, kindergarten student.. fewer than half of the num ber received for Zebo. Waller had his work cut out for him, sifting through a wide variety of creative entries. In addition to the pletho- ra of Maxes, Spikes and Ra- dars, some children thought the dog deserved a more gentle name, such as Cup- cake, Cuddlebug, Sprinkle and S.S. Candy. Several submissions had some relevance to police work, such as Bullet, Crime, Laser, Tazer and Donut. Others were a little less obvious, including Catbary, FroFro (Furocious), Bak Tobin, Zeth, King Spikey Eric and Billy Bob Goe. Then there were the de- scriptive names — Licky, Puffy, Stickers, Furry, Officer Robbe Waller has decided to 'name his K-9 partner Zebo, which was submitted by a kinder- garten student at Faithful Shepherd Catholic School. The name was chosen from more than 1,300 entries to the Police Department's naming contest, which was open to Eagan elementary students. The contest winner will receive a classroom visit from the Eagan Police K-9 Unit. Zebo replaces former K- 9 Gunnar, who worked with Sgt. Dan Tocko and recent- ly retired after six years of service. The Police Department held a similar namii.g con- test in 2003 when Gunnar Submitted photo Officer Robbe Waller chose Zebo as the name for his new K-9 partner. The two are currently training with the St. Paul Police Department. Slushy and Ears — as well as the names with attitude: Evileyes, Mini Beast, Boog- arrd, Grave and Mr. Aveng- er. Some submissions took a literal interpretation; such as Criminal Finder, Police Dog, K9 Dog and Eagan Minnesota. Others preferred a more ironic approach: Kitty Cat, Stealer, Betty and Fire Guy. The name Zebo has no known meaning or signifi- cance, according to police. Waller said he just liked the sound of it and felt it was a "good fit" for his partner. Eagan purchased the dog with a $7,500 donation from the Eagan Citizens' Crime Prevention Association. Waller and Zebo began their 12-week training pro- gram with the St. Paul Po- lice Department on March 16, which will be followed by more training in crimi- nal apprehension, searching buildings and locating miss- ing persons. The two are expected to begin patrolling the streets in June. Erin Johnson is at eagan. thisweek@ecm-inc.com. Daily briefing 2B D twincities.com St. Paul Pioneer Press Eagan Police pup needs proper moniker; kids can help Eagan's newest police canine doesn't have a name, and some are calling that a doggone shame. It's also an opportunity. The Eagan Police Department is appealing to students in Eagan elemen- tary schools to name the latest four - legged addition to the force. The police department will accept submissions in its lobby at 3830 Pilot Knob Road through noon Monday. The student who submits the winning entry will receive a classroom visit from the dog, a 1-year-old male German shep- herd, and his handler. The nameless pooch began training in March with officer Robbe Waller and will roll out on patrol in early June. He replaces Gunnar, who recently retired after six years with the department. Police said a name should have one or two syllables and strike fear into crimi- nals while warming the hearts of good children. Previous canines have been named Bullet, Cody, Tex, Smoky, King and Thunder. The Hastings police canine is named Eis, and the Dakota County Sheriff's Department has Maggie, Ace and Taz. Lakeville maintains Blue and Shadow, while West St. Paul has Mike the dog. — Frederick Melo 'Th 'tt c Lt' 9 , a CC' \ .gan gets -new sEa an'K9 a name g Five children submitted the winning entry in naming contest by Erin Johnson THISWEEK NEWSPAPERS The children of Eagan have spoken. After sifting through more than 500 entries for the Eagan Police Department's K-9 naming contest, the city's newest officer finally has a name: Gunnar. The new police dog, an all - black German Shepherd, received his name courtesy of five contestants who all submitted the winning entries. Officer Dan Tocko, the dog's partner, picked the name last week. Tocko said that Gunnar was actually one of his top three choices before going into the con- test, so when he saw it on the list, he was pleasantly surprised. "Prior to getting the dog, I thought, 'if I did get a dog, what would I name it?' " he said. "I had three names in the back of my mind, and all three were on the list — Gunnar, Blitz and Dutch." Tocko said he ultimately chose Gunnar because it is an old German family name, and the dog is a German Shepherd. "He just looks like a Gunnar. What can I say?" he said. The name was submitted sepa- rately by Charlie Skahen, 5, Anna Oeltjenbruns, 7, and Weston Spicer, 10, of Deerwood Elementary; Brenna Steichen, 5, of Woodbury Elementary; and Nathan Oeltjensbruns, 5, of Kindercare on Plaza Drive. The winners will receive a classroom visit from Tocko and Gunnar and a tour of the police station. Kids ages 12 and younger all Submitted photo Eagan's new police dog, Gunnar, will soon begin training at the K-9 Training School in St. Paul. Below are two examples of name submissions from Eagan students that came with colorful illus- trations. over Eagan submitted names ranging from Astro to Zach and everything in between. In addition to Max, Rex, ?sY ! ‘ i t?e 6\ r 9 a rjAwe Rascal, Ranger and the ubiqui- tous Spot, several children took creative license with their choic- See Gunnar, 6A \ LJ( K- O2 - moo' Gunnar/from 1A es. For instance, there were descriptive names, such as Grassy, . Spongy, Strongy, Mighty, Spiky, Puffy, Sour, Fasty, Tacky, Licky and Barky, as well as color -inspired names, Beige, Brownie, Old Blue, and Pinky. Many names were police related, such as Cop Dog, Cuff, Pistol, Bullet, Justice and 911. Some celebrities were honored in the contest, including Kojack, Einstein, Elvis, Snoop Dog and Sting. Pop culture had a definite influence on some kids' choic- es, evidenced by the submission of Tetris, Matrix, Top Gun, I - Hop, Falco, Sony, Frodo, SpongeBob, McDog, Trekie, Pepsi and Tic-Tac. Some kids chose to keep it local, with Wescott, Eagan, Lonnoke (as in Lone Oak) and Tim Paw (as in Tim Pawlenty), while others must have had visions of lunch dancing in their head when they came up with Nacho, Snickers, Salsa, Enchilada (Tocko Tomahto), Burrito and Smores. Some kids seemed to want an entirely different animal alto- gether, submitting names like Cat, Fish, Badger, Catpup and Meow. And others didn't seem to want it to be an animal at all, but instead preferred inanimate names such as Bucket, Machine and Dipstick. Some of the most unusual names included Demon Shaper, K-9 to 5 and Sunka, the Dakota Indian word meaning dog. The Eagan Police Department gets its K-9 dogs from the St. Paul Police Department, which provides the animal and training for both the dog and the officer. Costs typi- cally range from $4,500 to $5,500 to acquire the animal and train both the dog and its handler. Tocko met his dog last week, and the two will begin training at the K-9 Training School in St. Paul on March 10. In the mean- time; he said, the two are spend- ing time bonding. "It's pretty much just Gunnar and I right now," he said. "This is the first time I've worked with a police dog, so this is a new experience for me, too" Typically the handler names the dog, Tocko said, and although he had the final pick of the name, the department decid- ed it would be good for children to be involved in the process. "The reason we did it is because part of being a police officer is being involved with the community. Getting kids involved is what we do," he said. "I can't believe how many kids participated. I think it worked out pretty well." Erin Johnson is at eagan.thisweek@ecm-inc.com. Harley is new name for police Unit expected to be running byMemorial Day BY JOSHUA NICHOLS Sun Newspapers When many people think of Harley -motorcycles images of big, burly leather -clad bikers rid- ing down the streets of Sturgis, S.D. But by the start of this summer Eagan residents may picture a dif- ferent image when they think of Harleys. Namely that of a police officer patrolling the streets of Eagan. The city recently approved a lease with St. Croix Harley-David- son for two motorcycles to be used for traffic enforcement. The lease, through a national Harley-David- son program for law enforcement agencies, will allow the city to lease the motorcycles for one year at $1 each. Given the short season during which officers could ride motor- cycles, the lease program works out perfectly for Eagan, Police Chief Kent Therkelsen said. The new unit will be made up from two current Eagan officers who will be assigned to enforce traffic laws in locations that have a history of accidents or other areas of concern. "This is a high priority for us. Patrol cars can be very inefficient in traffic control instances where a motorcycle would work better," Therkelsen said. One such example would be in enforcing stop light violations. Harley From Page lA Therkelsen said. A patrol car can't easily get aroundstoppedtraffic or sit at an n rseetlot to watch for the viola- 'tiotWAbWevilig an officer on a motorcy- cle can sit. • r • e boulevard orAalolg the side of the : • : d and. watch for th0 Abla- tions, he said. - "There are some real efficiencies we can experience using the motorcycles in traffic enforcement activities," he said. "It will also be something that I think will be attractive to the public. It's a little bit different and I think people will like seeing it." The program was made possible be- cause of a commitment by the Eagan Cit izen's Crime Prevention Association to fund the program for up to $20,000. The funds will provide for specializes THE EAGAN TOWNSHIP POLICE department now have two dogs on their force. Kipper, the first dog, was given to the police force a few months ago by Walter G. Andrews, chairman of the board at Valley National bank. Rex, the newest addition to the force, was donated by the Rauenhorst Corporation, de- velopers of the Eagandale Center Industrial Park. Rex, a German shepherd, is a graduate of the National Police Dog Academy in Moline Kansas. Officer Donn Smith, pictured here with Rex, studied for a week with the dog. Officer Tay Berthe of the Eagan township police also attended training sessions there with Kipper. Both dogs live with the "officers and their families in Cedar Grove as house pets but are fierce when on duty. The dogs are not friendly to each other, Police Chief Martin Deslauriers said. The township appreciates the efforts of these ;businessmen to assist in checking Large warehouses, shopping centers, etc., on routine patrol. The Eagan town board has delayed approval for part of a jet -fuel pipeline in Eagan until" the legality of placing a section of the line on a road right-of- way is determined. Williams Brothers Pipeline company plans .to build a 12-mile pipeline for jet fuel between its terminal in Lebanon and the Min- neapolis -St. Paul International Airport. The Eagan town board approved the portion of the line between the Lebanon border and Deerwood drive but delayed action on the remaining area north to Highway 13. The line now is proposed to run west on Deerwood drive and north on Blackhawk road to the highway. According to town officials, the state attorney general's of- fice is working on a ruling to determine whether the road right-of-way could be used for the pipeline. The line was originally sched- uled to run diagonally through farm land from Deerwood drive to Highway 13. There was some fear among residents that this route would hinder future de- velopment. The town board also authorized its attorney to begin condem- nation proceedings for Cliff roaa easements. About four or five property owners, are involved. Vandalism At New Home Construction Vandalism to a barbecue pit in a kitchen of a home under construction valued at $75 was reported by Milliman Construc- tion company at 1470 Red Gedar road in the Timberline addition,,., Nails were also s c att a ne'd,;) about. The incident was reported to Fagan township police June)4 22 at 9:45 a.m. !77 Copyr,gh, 1971. Sun Newspapers. Inc. Vol. 81, No. 16 See Goo Food Sec Second Class Postage Pa,d 25 CENTS At St Paul, Mn,, IltltlIIIIIIIIIIIIminIIIIIIIIIIIlimuIIIIIIIIIIIItIIII imi1III11111III1II11IllllllllllllllllllllllllllllillllllllllllllllllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIinnIIIIIIIIl milnlllllinium IIinntIIIIIIIIIIIIIIIIIIIIIIIIIIImitim IIIIIIIIItI1nIIIIIImini11 mIIIIIlllllllllllll unull mIIIIIIIIIIIIIIIIIIIIII miliIIIIIIIIIIIIIIIIIIIIIIIIinniiiini11111IiumIIIIII TWO SECTIONS olice Dogs By DORIS KELLEHER Are K-9 dogs the wel- come addition to south area police departments that was anticipated? Or, are these especially trained four -legged patrolmen more trouble than they are worth when it comes to maintenance and handling? EAGAN TOWNSHIP and Cottage Grove, which ac- quired such animals in 1968, are sold on their K-9 Corps. These dogs, usually Ger- man Srepherds, that attack on command can also be as Arne Jensen gentle as kittens with the families of their handlers. SOUTH St. Paul, Inver Grove Heights, and Mendo- ta Heights, cannot foresee dogs in the immediate fu- ture although the services of those in adjacent areas have been used on occasion. WEST St. Paul can't seem to make a decision although a dog was donated to the city by a public-spir- ited businessman in 1970. At last week's council meeting a voucher for $360 submit- ted by Police Sergeant Robert Carstenbrock Wednesday, January 12, 1972 Some Pros ar,d Cons Gerald Busman who han- dles the jet black Satan, was removed from the list of claims. IN CONTRAST, Eagan Township accepted its first K-9 dog so wholeheartedly that within two months a second dog was added to the police department. Sergeant Jay Berthe who handles Kipper, the first dog, uses him constantly. Kipper was donated to the township by Walter An- drews of the Valley Nation- al Bank. Rex, handled by Patrol- man Don ,Smith, was a do- nation from The Rauen- horst Corporation, and it is in Eagandale where much of that firm's development is centered that the police officers appreciate the services of their four - legged friends. "WHEN WE come to a building that has been bro- ken into we just call out that we have a trained po- lice dog with us," Berthe said. "Then with a hand signal we start the dog growling and if the intruder doesn't come out we send the dog in." "Usually after the first growl the suspect gives IT IS exactly this type of command that makes South St. Paul Police Chief Arne Jensen reluctant to get a dog for his city. "I always,worry that the intruder could be a young- ster of only 10-14 years of age," Jensen said. "What if the dog would attack?" Jensen believes there are DOGS To Page 3 mummummunumuul uumnummuum onu umunnummunn unnullllllllunumu m muunu9ln ummummumuutnmum Man and Dog Team (Continued from Page 13) admits, "and I spent the week learning commands and letting him know that I'm the good time Charlie he's going to be spending him time with." According to Jay, the train- ing includes a 'good 15 or 20' commands and the trick is to learn to present them to the dog in different tones of voice and with hand signals. Kipper and Jay hit it off immediately. The normal length of the get -acquainted period in Moline Is,one week. 11 the 'bonding' between dog and master doesn't take within that time, the period may be extended. "Kipper was responding to me in two or three days," Jay says. The team did stay the week, which is regulation and then boarded the plane for home and Eagan township. Best Friend Now they're on their own and Jay couldn't be more en- thusiastic. "The psychological value is amazing," Jay admits. "I feel pretty secure." And well he might. Kipper is basically a one man dog and Jay is his man. If, for example, he were tracking down a lost child, there would be no reason to believe he would behave as anything less than a gentle- man once he found the stall wanderer. "In about a month," Jay predicts, "anyone who lays a hand one me has had it. "He is so well trained," he adds, "that I can command him to watch someone and he'll stand there and snarl. If the person moves, I only hope he's padded good in the rear." Good Boy .. It is important to add at this point, that Kipper is not a Imeany. He simply knows how to obey. "He should recognize different situation," Jay plains. His action is dictated by his ha hahavac arenrd- the ex - Look Out! On the other hand, Lithe pur- sued party were a felon, Kipper would recognize that this in- dividual should be stopped. "They sense 1t by the ad- renalin, both mine and the criminal's," Jay contends. "'the.situation is different." The dog, he adds, would be sensitive to the element of fear and excitement exuded by the felon and himself. live and then selects the dog to fit your disposition." Kipper, by the way, is good natured. As a proud master, Jay is anxious for Kipper to prove himself to those who will re- " celve the benefitical protec- tion of his keen nose and swift reaction. "I think after he makes good a couple of times, people will be able to realize his true value," Jay says. The Winner "I would like to see one more like him in the depart- ment right now," he adds. And so would at least one other Eagan officer. "Two officers wanted him," Jay says, "so the chief kind of threw our names in a hat and I was lucky enough to be the winner." Now the die has been cast. One of the most interesting phases of the officer -dog re- lationship is the fact that is really designed for compati- bility. "The man Who trains the dogs interviews you," Jay ex- plains, "over a cup of coffee maybe. "Ha asks about sou. your Exclusive He Is not, however, based on his training, geared to passing friendships. It's against all the rules for Kipper to runaround making friends and he isnotto be approached by strangers. "It spoils them," Jay re- ports, "and I won't let the opportunity present itself. I just won't let it happen." The only exception to the 'no friends ruling' is Jay's family where Kipper makes his home. Mrs, Berthe, Jay 9 and Ja- deite 14 and Kipper already "get along great" according, to Jay, Sr. Rough Stuff Even the family's French poodle has some admiration for the big fellow that has moved in. Sometimes, how- ever, the playing gets a little rough even for a perky poodle. And for a master too. His sire also_bas an unusual line of work and a most sensi- tive sniffer. "Kipper's father is a nar- cotics dog," Jay says. "When there's a raid he can sniff out the narcotics and has come up with hundreds of thousands of dollars worth of the drugs," Still Growing So Kipper has the instinct and it would appear, the size to back it up. At 17 months, the 'puppy' is just getting a good start. Jay predicts he will go about 90-95 pounds at full growth in about seven more months. He eats once a day and while he la expected to become a good sized fellow, his master has no intention of letting him get fat. "He won't get fat,"Jay con- tends. "I give him plenty of exercise." "When 1 play with him be gets a little rough too," Jay admits. "It's all in a playful manner but I can feel those teeth on my arm or thigh." Togetherness One problem facing the offi- cer, is the official ruling, "don't spoil him." "It's hard not to spoil him a little," Jay confesses. After all, Kipper is a real friend. He is with Jay con- stantly on the job and it is also necessary that they con- tinue training together. So it's man and dog pretty much of the time. Inside Dope . Kipper, whose line of work prohibits him from raising a family, has in his background a That, Jay admits, works two ways. A nice trim dog c n also result in a nice trli.. officer. There's only one thingabout Kipper that Jay is rather`re- luctant to discuss and that's the distant future. Right now Jay prefers not to think Of tb, time when Kipper will retire from active duty. "I have to think about that when the time comes," the officer contends. "I've heard about five years, but I think he can go longer than that." He can continue as ,long as he's agile, Jay says, and it looks as if the master plans to 'keep Kipper limber longe .'t' • RIDING SHOTGUN in an Eagan squad car, Kipper keeps a sharp eye out for signs of trouble. The German Shepherd is trained to obey voice commands from the Eagan officers. A Wed., July\ 3, Second Police Dog Added to Eagan Police Force A second trained police dog, Rex, was added to the Eagan police force in mid -June. Donated to the force by Rauenhorst Corp., developers of Rauenhorst IndustrfalPark, 1968 —Minnesota Valley Sun —Page 19 i. the German Shepherd has, ,; formed a working partner- -, ship with Officer Donn Smith and lives with the Smith family. s. Rex shares patrol duties." with Kipper, the trained dog' donated by Walter Andrews of , Valley National Bank earlier • this spring. Fritz: Eagan native has always loved dogs, military From Page 1 A year ago when he arrived in Korea, he was assigned Majic as his partner. When he was on duty in Korea, Fritz' day encompassed all the things a regular civilian police officer would do. Assisted by Majic, Fritz made law enforcement pa- trols, conducting traffic stops and vehicle checks and doing random searches. He and Majic also did sweeps of the on -base schools in search of drugs. One of 27 dog handlers at the Osan, Korea base, Fritz and his dog detected and detained a Korean national trying to climb a fence and illegally enter Air Force Village. A search of the suspect revealed a concealed knife. He was also recognized for his re- sponse to a fire outside the main gate of the base, where he helped evacuate five people, including two small children, from an upstairs bedroom in an apart- ment. Fritz said working with the dogs was the best part of his job. "You build a real rapport with the dogs and you grow attached to them," Fritz said. "You have to trust him and rely on him because he is your partner. He will do anything for you and will defend you with his life." Dogs have not only protected Fritz' life. While he was stationed in the Unit- ed States, he and his dog, King, served with the Secret Service to protect Presi- dent Bill Clinton. Besides Korea, Fritz has spent time in Saudi Arabia and Kuwait. He said that although it takes time to get used to the different cultures, the job is almost al- ways the same. "There is a bit of culture shock being in those other countries," he said. "With the time I spend over there, I really learn to appreciate what we have in this country." He said he has thoroughly enjoyed his four years of service and is now back home in Eagan for the holidays. He will soon report to his new assignment at the Little Rock Air Force Base in Arkansas. Despite being allowed 30 days off per year, this is Fritz's first Christmas visit home since he entered the mili- tary. During his off -duty time, he en- joys riding horses and other outdoor activities. "I've gotten into hunting and I love duck hunting," he said. "Basically, if it has to do with the outdoors, I'm into it." Once in Arkansas, Fritz will be given plenty of time to work outdoors with his new dog partner. Although he leaves Majic behind in Korea, he hopes his new partner will become one of his new best friends. "I enjoy building that one-on-one rela- tionship with the dogs," he said. "I've learned to appreciate them and view them -differently than most people do. They can be great friends." dom of y.,..-.. the young child who is the Eagan native military caree Scott Fritz, 22, picked as one of military's top police officers last summer in Korea By Joshua Nichols Sun Newspapers Eagan native Slott Fritz has been rewarded M. combining his love for dogs and his up- bringing in the military. "Growing up I was around the military and from a military family," Fritz said. "So I always knew that I wanted to do some- thing like that and serve my country." The 1995 Eagan High School graduate, whose grandfather, father and brother were in the military, entered the Air Force after leaving high school. Now with the rank of senior airman, Fritz, 22, has become one of the top police officers in the Air Force. Last summer he was share what we know ...... 1, happy as his r goes to dogs awarded the U.S. Forces Korea Provost Marshal Award, beating out 1,200 others on the Korean peninsula for the quarterly award recognizing the top security forces or military police member. His path to the award and to Majic, his K-9 partner when he served in Korea, began four years ago while he was undergo- ing law enforcement training after entering the Air Force. Fritz volunteered for training for a position with security force law enforcement, which serves as security for air bases around the world. "They asked for volunteers and out of 36 or 38 in my acade- my class, 15 of us tried out for it," he said. "They checked our test scores and tested our atti- tudes and voice commands to see if we were right for working with the dogs." FRITZ: To Page 14 un.,: io rage 14 11111%r.: 10 rage 14 Submitted Photo Eagan native Scott Fritz stands with his K-9 partner, Majic. "Growing up I was around the military and from a military family," Fritz said. "So I always knew that I wanted to do something like that and serve my country." 001 TIOr The Field Guide to Law Enforcement 2001 EDITION Lloyd L. Weinreb James D. Whaley COPYRIGHT ® 2001 By FOUNDATION PRESS 11 Penn Plaza, Tenth Floor New York, N.Y. 10001 (212)760-8700 Fax (212) 760-8705 All rights reserved ISBN 1-56662-925-X Preface The Field Guide To Law Enforcement provides clear, concise, and up-to-date statements of the rules of law applicable to situations commonly en- countered by police officers in the field. Rules are stated from the point of view of an officer on duty. Officers who familiarize themselves with the lay- out and contents of the Field Guide should have no difficulty understanding the rules and applying them to "street" situations. The Field Guide has been designed for easy ref- erence. The seven sections have been arranged ac- cording to the most common street situations. Topics within each section are in an easy -to -follow order, usually one to a page, with cross-references to related topics. Tabs at the bottom of each page make it easy to find the desired topic. The Field Guide is based on decisions of the United States Supreme Court, which have national application. Endnotes in an Appendix following each section provide references to the relevant de- cisions. A Table of Cases at the end of the Guide lists all the cases and the pages on which they are cited. Rules may vary in some states. The back of each page has been left blank for notation of spe- cial local rules or departmental regulations. The Field Guide is revised annually, to include current developments in the law. ii L.L.W. J.D.W. Summary of Contents 1. Routine Patrol: Encounters With Private Persons 1 2. Arrest 9 3. Search and Seizure 17 4. Identification 60 5. Interrogation 71 6. Undercover Investigation 89 7. Asset Forfeiture 99 Table of Cases 100 iii Table of Contents 1. Routine Patrol: Encounters With Private Persons 1 Patrol Generally 2 Consensual Contact 3 Dog Sniffs 3 Investigative Detention (Terry Stop) 4 PERSONAL PROPERTY (LUGGAGE, ETC.)..... 6 Protective Frisk 7 "PLAIN FEEL" 7 Stop of Vehicles 8 RANDOM STOPS/ROADBLOCKS 8 Notes 1-App 2. Arrest 9 Arrest 10 Authority to Arrest; Probable Cause 11 Arrest Warrant 12 Arrest in a Public Place 13 Arrest in Private Premises 13 Use of Force 14 Search Incident to Arrest 15 Notes 2-App 3. Search and Seizure 17 Probable Cause 20 Property Subject to Seizure 21 Search of Premises 22 iv 3. Search and Seizure —Continued Search Warrant 23 ISSUANCE 23 TELEPHONIC SEARCH WARRANT 24 EXECUTION OF WARRANT 25 FORCIBLE ENTRY 25 SCOPE OF SEARCH 27 GOOD FAITH BELIEF IN VALIDITY OF WARRANT 27 PERSONS ON PREMISES 28 PROTECTIVE SWEEP 29 CONCLUSION OF SEARCH 30 Securing the Premises 31 Search With Consent 32 AUTHORITY TO CONSENT 32 Co-OccuPANrs 33 VALIDITY OF CONSENT 34 SCOPE OF SEARCH 34 Plain View 35 VIEWING/OVERHEARING 36 VISUAL AIDS 36 OVERFLIGHTS 36 Emergency ("Exigent Circumstances") 37 HOT PuRsurr 38 Administrative Search or Inspection 39 Search of Persons 40 BOOKING SEARCH 41 v 3. Search and Seizure —Continued BOOKING SEARCH —PERSONAL PROPERTY 43 BODILY INSPECTION AND SAMPLES 45 PROBATION SEARCH 47 PAROLE SEARCH 48 Search of Vehicles 49 GENERALLY 49 VEHICLE EXCEPTION 50 SEARCH INCIDENT TO ARREST OF OCCUPANT(S) 51 VEHICLE INVENTORY 52 Search of Containers 53 Abandoned Property 54 Search of Trash 55 Chemical Field Test 56 Controlled Delivery 56 Computer Search 57 Electronic Surveillance 58 Notes 3-App 4. Identification 60 Identification Generally 61 Use of Force 62 On -Scene Identification 63 Pre -Arrest Identification 64 Lineup/Showup 65 LINEUP PROCEDURE 66 vi 4. Identification —Continued LINEUP —PRESENCE OF COUNSEL 68 Photo Spread 70 Notes 4-App 5. Interrogation 71 Interrogation Generally 73 Voluntariness 74 Custodial Interrogation 76 MIRANDA WARNINGS 78 ADDITIONAL ADVICE OR INFORMATION 79 MIRANDA WARNINGS —WAIVER 80 MIRANDA WARNINGS —NO WAIVER 82 FURTHER CONTACT WITH SUSPECT 82 PERSON PREVIOUSLY IN CUSTODY 83 UNDERCOVER CUSTODIAL INTERROGATION . 84 PUBLIC SAFETY EXCEPTION 85 Traffic Stop 86 Right to Counsel 87 WAIVER OF RIGHT TO COUNSEL 88 Notes 5-App 6. Undercover Investigation 89 Private Persons/Informants 90 Concealing Police Identity 92 OBTAINING EVIDENCE 93 ENTRY INTO PRIVATE PREMISES 93 vii 6. Undercover Investigation —Continued Right to Counsel 94 Attorney -Client Meetings 95 "Informer's Privilege" 96 Entrapment 97 Notes 6-App 7. Asset Forfeiture 99 Table of Cases 100 viii 1 Routine Patrol: Encounters With Private Persons The right of the people to be secure in their persons .. . against unreasonable ... seizures, shall not be violated .... —Fourth Amendment Topic Index: Consensual Contact (3) Dog Sniffs (3) Generally (2) Investigative Detention (Terry Stop) (4) Personal Property (6) Protective Frisk (7) "Plain Feel" (7) Stop of Vehicles (8) Random Stops/Roadblocks (8) 1 ROUTINE PATROL Patrol Generally Encounters between the police and members of the public are extremely varied and far ranging. For purposes of the Field Guide, such encounters are limited to those in which a police officer's law enforcement duties bring the officer in to contact with a private person. This section includes Con- sensual Contact, Investigative Detention, and Pro- tective Frisk. Section 2 covers Arrest. The requirements for authorized police contact with a private person vary according to the degree of intrusiveness involved.1 Therefore, it is essential to know both the definition of and the legal justifi- cation for each type of contact. 2 PATROL —Generally Consensual Contact Neither reasonable suspicion nor probable cause (20) is required for an officer who is lawfully present to approach a person and engage him or her voluntarily in conversation, including asking for the person's name and some identification. Such contact is permissible, provided that the offi- cer exerts no authority over the person and a rea- sonable person in such circumstances would understand that he or she is not under official con- trol, is not required to respond, and is free to leave or end the encounter? Police officers do not have general authority to detain persons for investigation. Unless there is a special basis for detention (4), an officer must rely on voluntary cooperation. See also: Arrest (10), Interrogation Generally (73). Dog Sniffs A trained dog may be released to sniff a person or personal property, so long as the sniff is reason- ably conducted and the person's freedom of move- ment or control of his or her property is not interfered with.3 Such a procedure is not a search and requires no special justification. A sniff may provide the basis of suspicion to permit investiga- tive detention or may be an element of probable cause for an arrest (11) or the seizure of personal property. 3 CONSENSUAL CONTRACT: DOG SNIFFS investigative Detention (Terry Stop) An officer who has specific facts (not just a hunch) supporting a reasonable suspicion that a person is committing, has committed, or is about to commit a crime may stop the person briefly, ask for identification, and ask questions related to the suspected criminal activity. The officer may detain the person for a reasonable time (generally not more than a few minutes). The officer may use reason- able, non -deadly force (including limited movement of the detainee) to exercise control, if it is neces- sary.4 An anonymous tip that a person is carrying a gun is not by itself enough to justify a stop.5 A person's unprovoked flight from police may be considered among facts supporting a reason- able suspicion, according to the circumstances.6 In some —not all —circumstances, an investiga- tive detention may be accompanied by a protec- tive frisk (7)—a "stop and frisk." Once the purpose of detention is carried out, the detainee must be released, unless a further ba- sis for continued control (i.e. probable cause for ar- rest (11)) develops. Prolonged detention or unnecessary control or use of force may convert 4 INVESTIGATIVE DETENTION the stop into an arrest, whether or not the officer so intends it, which would be unlawful without probable cause.? Miranda warnings (78) are not required. See also: Arrest (10), Consensual Contact (3), On - Scene Identification (63), Protective Frisk (7), Stop of Vehicles (8). INVESTIGATIVE DETENTION Personal Property (Luggage, etc.) Personal property may be detained briefly for investigation, on the same basis as an investigative detention of persons (4). Prolonged detention of property is a seizure, which is unlawful without probable cause (20).8 Physical manipulation of soft luggage to deter- mine its contents is a search, to which the rules generally applicable to searchs, including the re- quirement of probable cause (20) apply.9 If an officer has specific facts providing a reason- able belief that the contents of a lawfully detained container may present an immediate danger to the officer or others, the container may be opened to avert the danger. See also: Abandoned Property (54), Search of Containers (53), Search of Trash (55). 6 INVESTIGATIVE DETENTION — Personal Property Protective Frisk An officer who is lawfully performing an offi- cial duty may frisk a person, only if the officer has specific facts (not just a hunch) supporting a reason- able belief that the person may be armed and a danger to the officer or others. The justification for a frisk may arise in any encounter with a private person, including but not limited to an investiga- tive detention (4). A frisk is permitted only for the protection of the officer or others. It may not be used to search for evidence. However, if evidence subject to sei- zure is found during a valid frisk, it may be seized. The scope of a frisk is limited to a "pat -down" of the person's outer clothing. If during the pat - down the officer feels something that may be a weapon, the officer may reach into pockets, waist- band, etc, to remove the object.1° "Plain Feel" If during a protective frisk for weapons, an offi- cer feels something that is immediately identifiable as contraband or otherwise subject to seizure, without further intrusion or manipulation beyond what is re- quired for the frisk, the officer may remove it from the person's possession and seize it.11 See also: Plain View (35), Stop of Vehicles (8). 7 PROTECTIVE FRISK —"Plain Feel" Stop of Vehicles A Terry stop of a person in a moving vehicle is permissible on the same basis as investigative de- tention (4) of a person on foot.12 Following a valid stop, the occupant(s) may be ordered out of a vehicle until the stop has been completed.13 They may be frisked on the same ba- sis as a frisk of a person on foot. The frisk may ex- tend to the passenger compartment of the vehicle, including any area within the compartment where a weapon may be hidden and accessible to the oc- cupant(s).14 Random Stops/Roadblocks A random stop of a vehicle without a reasonable suspicion (4) or probable cause (20) is unlawful." A stop of a vehicle at a checkpoint or roadblock (sobriety checkpoints, etc.) is permissible without reasonable suspicion or probable cause if: 1. the basis for the stop is predetermined and does not depend on the unconstrained discretion of individual officers; 2. the intrusiveness of the stop is slight; and 3. the stop is reasonably related to a legitimate law enforcement function.16 See also: Search of Vehicles Generally (49). 8 STOP OF VEHICLES; ROADBLOCKS Notes 1. Terry v. Ohio, 392 U.S. 1 (1968) 2. Florida v. Royer, 460 U.S. 491 (1983); California v. Hodari D., 499 U.S. 621 (1991) 3. United States v. Place, 462 U.S. 696 (1983) 4. Terry v. Ohio, 392 U.S. 1 (1968) 5. Florida v. J.L., _ U.S. , 120 S.Ct. 1375 (2000) 6. Illinois v. Wardlow, U.S. ,120 S.Ct. 673 (2000) 7. Florida v. Royer, 460 U.S. 491 (1983) 8. United States v. Place, 462 U.S. 696 (1983) 9. Bond v. United States, U.S. ,120 S.Ct. 1462 (2000) 10. Terry v. Ohio, 392 U.S. 1 (1968) 11. Minnesota v. Dickerson, 508 U.S. 366 (1993) 12. Delaware v. Prouse, 440 U.S. 648 (1979) 13. Pennsylvania v. Mimms, 434 U.S. 106 (1977); Maryland v. Wilson, 519 U.S. 408 (1997) 14. Michigan v. Long, 463 U.S. 1032 (1983) 15. Delaware v. Prouse, 440 U.S. 648 (1979) 16. Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990) 1-App NOTES 2 Arrest The right of the people to be secure in their persons .. . against unreasonable ... seizures, shall not be violated .... —Fourth Amendment Topic Index: Authority (11) Defined (10) Private Premises (13) Probable Cause (11) Public Place (13) Search Incident to (15) Use of Force (14) Warrant (12) 9 ARREST Arrest An arrest is the seizure of a person by the use of some physical force or by the display of official authority, to which the person submits, with the result that he or she is taken into custody.' Regardless of the officer's intent, a person is ar- rested in the constitutional sense if the person's freedom of movement is significantly restricted and he or she is not free to go.2 An investigative detention (4) is not an arrest. Brief interference with a person's freedom of movement, such as normal crowd control, safety measures, and reasonable steps to pre- serve public order, is not an arrest. Following or pursuing a person on foot or in a vehicle is not an arrest, unless there is physical contact between the officer and the person or a show of official authority to which the person submits. See also: Consensual Contact (3), Investigative Detention (4). 10 ARREST —Defined Authority to Arrest; Probable Cause An arrest is a seizure of the person, to which the requirement of probable cause (20) applies. All arrests must be based on probable cause, without which an arrest is unlawful.3 An officer has probable cause to arrest if facts and circumstances known to the officer at the time of the arrest justify a reasonable belief that the per- son has committed or is committing a crime.4 (The arresting offficer's motivation for making the ar- rest is immaterial.5) An arrest may be made: 1. pursuant to an arrest warrant (12); or 2. without a warrant, if the officer has probable cause to believe that the person— a. has committed or is committing a felony; or b. has committed or is committing a misde- meanor, in the officer's presence. Following a warrantless arrest, the arrestee must promptly, without avoidable delay, be brought before a magistrate for a determination of probable cause. Unless there is an emergency or other extraordinary circumstance, a delay of more than 48 hours (including weekends and holidays) is impermissible.6 It is preferable to obtain an arrest warrant, whenever circumstances permit. See also: Arrest in Private Premises (13). 11 .., ii.p.„...........c.„,....„.„,,,...,,k Arrest Warrant An arrest warrant is issued by a magistrate or other authorized judicial officer. It is a court order, directed to any law enforcement officer, that a named person be taken into custody and brought before the court. A warrant is issued on the basis of information contained in a sworn affidavit made by the officer applying for the warrant. The affidavit must con- tain probable cause (20) to believe that the person named committed the crimes(s) alleged. Unless otherwise specified, an arrest warrant re- mains valid until the named person has been ar- rested or the warrant is withdrawn. An officer who is aware that an arrest warrant has been issued is not required to have it in his or her possession in order to arrest the person named in the warrant. 12 Arrest in a Public Place An arrest warrant is not required to make an ar- rest in a public place. Arrest in Private Premises An arrest warrant (or search warrant) is re- quired to enter premises of the person to be ar- rested.7 Forcible entry pursuant to an arrest war- rant is not permitted unless there is reason to believe that the person may be found inside. Before making a forcible entry, officers must "knock and announce" —identify themselves and give the reason for demanding entry —if circumstances permit.8 A search warrant is required to enter premises of a person other than the person to be arrested.9 The affida- vit for the search warrant must contain probable cause (20) to believe that the person to be arrested will be found on the premises. A warrant is not required to enter private prem- ises to make an arrest if there is consent (32) to the entry or in an emergency (37). 13 L AM ill 1634111 Use of Force When making an arrest, art officer may use as much force as is reasonably necessary to carry out the arrest and for the protection of the officer and others. Deadly force is force intended to, or reasonably likely to, kill or cause serious physical injury. An officer may use deadly force to make an ar- rest only to protect the officer or others from the im- mediate threat of death or serious physical injury.10 An officer may use deadly force to prevent a per- son's escape only if the officer has probable cause (20) to believe that the person poses a threat of death or serious physical injury to the officer or others. There is probable cause if the person threatens the officer with a weapon or if there is probable cause to believe that the suspect has committed a crime involving actual or threatened serious physical harm." Before using deadly force, an officer should always give a warning, if circum- stances permit. Use of unreasonable force may subject an offi- cer to civil and criminal liability. 14 Search Incident to Arrest An officer who has made a lawful arrest may search the arrestee incident to the arrest, without a warrant.12 A search is incident to an arrest only if it is made at the same time and place as the arrest. A search of the place of the arrest after the arrestee has been removed from the scene is not incident to the arrest. The scope of a search incident to an arrest is limited to: 1. the person and clothing of the arrestee; 2. personal effects (contents of pockets, wallet, purse, briefcase, etc.) in the arrestee's possession at the time of arrest; 3. a small area immediately surrounding the arres- tee (the "grabable area" within his or her "span of control") from which the arrestee might ob- tain a weapon or means of escape or remove and destroy evidence.13 Large containers such as luggage carried by the arrestee should not be searched. They may be im- pounded and searched later pursuant to a war- rant, if appropriate.14 15 ARREST —Search Incident t Investigative detention (4) or a non -custodial stop (field citation, etc.) does not authorize a search incident to arrest. See also: Booking Search (41), Search of Contain- ers (53), Search of Persons (40), Search of Vehicles Incident to Arrest of Occupant (51). 16 ARREST —Search Incident to Notes 1. California v. Hodari D., 499 U.S. 621 (1991) 2. Orozco v. Texas, 394 U.S. 324 (1969) 3. Draper v. United States, 358 U.S. 307 (1959) 4. Draper v. United States, 358 U.S. 307 (1959) 5. Whren v. United States, 517 U.S. 806 (1996) 6. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) 7. Payton v. New York, 445 U.S. 573 (1980) 8. Wilson v. Arkansas, 514 U.S. 927 (1995) 9. Steagald v. United States, 451 U.S. 204 (1985) 10. Tennessee v. Gamer, 471 U.S. 1 (1985) 11. Tennessee v. Garner, 471 U.S. 1 (1985) 12. Chimel v. California, 395 U.S. 752 (1969) 13. Chimel v. California, 395 U.S. 752 (1969) 14. United States v. Chadwick, 433 U.S. 1 (1977) 2-App 3 Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched, and the persons or things to be seized. —Fourth Amendment Topic Index: Abandoned Property (54) Administrative Search (39) Bodily Inspection and Samples (45) Booking (41-44) Chemical Field Test (56) Computer Search (57) Consent (32-34) Authority to Consent (32) Co -Occupants (33) Scope of Search (34) Validity of Consent (34) 17 Containers (53) Controlled Delivery (56) Curtilage (22) Electronic Surveillance (58) Closed Circuit Television (59) Pen Register (59) Thermal Imager (59) Tracking Device (59) Trap and Trace Device (59) Emergency (37) Forcible Entry (25) Hot Pursuit (38) Open Fields (22) Overflights (36) Parole Search (48) Persons (40) Bodily Inspection and Samples (45) Booking Search (41) Personal Properly (43) Plain View (35) Private Premises (22) Probable Cause (20) Probation Search (47) Property Subject to Seizure (21) Protective Sweep (29) 18 Search Warrant (23-30) Conclusion of Search (30) Execution (25) Forcible Entry (25) Good Faith (27) Issuance (23) Persons on Premises (28) Protective Sweep (29) Scope of Search (27) Telephonic Search Warrant (24) Validity (27) Securing the Premises (31) Trash (55) Vehicles (49-52) Arrest of Occupant(s) (51) Generally (49) Vehicle Exception (50) Vehicle Inventory (52) Viewing/Overhearing (36) Visual Aids (36) 19 AND SEIZU Probable Cause The phrase probable cause appears in the Fourth Amendment (17). It means: "Facts and circumstances ... such as to war- rant a ... [person] of prudence and caution" to believe or Good reason, which a reasonable person in the officer's position would understand and ac- cept, to believe — or Solid grounds Sufficient, current (not dated or "stale") facts —that would cause a rea- sonable person to believe — the fact in question.' In the case of a search and seizure, there must be probable cause to believe that a person(s) or thing(s) subject to seizure will be found in the place specified. Unless authorized by consent (32-34) or as an administrative search or inspection (39), all searches and seizures, with or without a warrant, must be based on probable cause. 20 PRO' CAUSE Property Subject to Seizure An officer may seize property if the officer has probable cause (20) to believe: (1) that the property is evidence of a crime, in- cluding but not limited to (a) contraband property that it is unlawful to possess (narcotics, etc.), (b) fruits of a crime (stolen property, etc.), and (c) an instrumentality of a crime (clothing worn during its commission, a weapon, vehicle, or documentary materials.used to commit the crime, etc.) or (2) that the property is subject to forfeiture to the government (99).2 A seizure is lawful only if the officer is lawfully present where the seized property is found. A vehicle found in a public place may be seized without a warrant if the police have probable cause to believe that it is contraband and subject to forfeiture.3 See also: Plain View (35), Asset Forfeiture (99). 21 Search of Premises Unless a specific exception applies, a search of private premises is lawful only if conducted pursu- ant to a search warrant.4 Even when a specific exception may apply, there is a general judicial preference for a war- rant. It is advisable to obtain a search warrant whenever reasonably possible. Private premises means places that are not open to the public, in which persons have a reasonable expectation of privacy. This includes the curtilage, the private area immediately surrounding the premises, such as the lawn or yard.s Open fields, privately owned areas beyond the curtilage, are not part of the premises. A search warrant is not required to search open fields.6 If there is doubt whether property is part of the premises, obtain a search warrant. 22 Search Warrant Issuance A search warrant is issued by a magistrate or other authorizedjudicial officer. It is a court order authorizing the search of the premises and seizure of the property specified in the warrant. A warrant is issued on the basis of information contained in a sworn affidavit made by the officer applying for the warrant. The affidavit must con- tain probable cause (20) to believe that the prop- erty to be seized will be found on the premises. The warrant must clearly indicate the premises to be searched. A street address or specific, unam- biguous description is enough for a single dwell- ing. For a multiple dwelling unit, the specific dwelling must be indicated by apartment number, floor, or description. To guard against a mistaken address, it is advis- able always to include a physical description of the premises. 23 SEARCH WARRANT —Issuance The warrant must state the things to be seized, which should be described clearly and specifically. Terms such as "fruits and instrumentalities" of the crime or "stolen goods" are too general. (Specification of "narcotics," "narcotics parapher- nalia," or "gambling paraphernalia," usually is acceptable.)8 Telephonic Search Warrant If there is not time or it is impracticable to ap- ply in person for a search warrant, federal law and the law of many states permit an officer to apply to a magistrate by telephone. The officer's oral statement, made under oath and recorded, must satisfy the requirements of an affidavit. The magis- trate may then issue a warrant orally, by tele- phone. Generally, the officer will complete a form at the direction of the magistrate, which can be served as a search warrant in the usual manner. (Additional requirements may apply. Consult your legal adviser.) See also: Abandoned Property (54), Administra- tive Search or Inspection (39), Emergency (37), Property Subject to Seizure (21), Search of Prem- ises (22). 24 fl RANT —Issuance; honic S ch Execution of Warrant A search warrant must be executed—i.e., the search must be carried out —within the time speci- fied in the warrant (usually 10 days or less), dur- ing daylight hours unless the warrant authorizes a night search. Even if within the time specified, an unrea- sonable delay in executing a warrant may in- validate the search and the seizure of evidence. Forcible Entry Forcible entry includes breaking in as well as entering without permission through a closed but unlocked door or window. Before entering forcibly, an officer executing a search warrant must knock and announce: identify oneself as a police officer, state his or her purpose, and demand entry. The officer must give the occu- pant(s) a reasonable time to respond, generally not less than 30 seconds. If there is no response or there is an unreasonable delay, the officer may en- ter forcibly, using only as much force as is reason- ably necessary.9 25 4— An officer may use a ruse to obtain a response from an occupant but must identify himself or her- self and state his or her purpose before actually en- tering. An immediate forcible entry (without "knock and announce") is permitted: 1. to avoid physical danger; 2. to prevent escape; 3. to prevent the destruction of evidence; 4. in hot pursuit (38).19 The destruction of property is permissible if it is reasonably necessary to carry out the entry. Ex- cessive or unnecessary destruction of property is not permissible.11 An exception to the "knock and announce" re- quirement must be justified by the particular cir- cumstances; there can be no general "blanket" exception for a particular category of crimes, such as drug felonies.12 Officers executing a search warrant may not permit members of the media of other persons to accompany them, if their presence is not in aid of execution of the warrant.13 • 26 4144490 Scope of Search An officer executing a search warrant may search only in places (rooms, areas within rooms, furniture, or containers) where the thing(s) to be seized, as described in the warrant, reasonably may be hidden. When the thing(s) listed in the warrant have been found, no further search is per- mitted.14 Good Faith Belief in Validity of Warrant If an officer reasonably and in good faith be- lieves that a search warrant is valid, evidence seized pursuant to the warrant will not be sup- pressed if it is subsequently determined that the warrant is invalid.15 27 SEARCH WARRANT —Scope; Good Faith Persons on Premises An officer executing a search warrant may not search persons on the premises pursuant to the warrant, unless they are specifically included in the warrant.16 If in the course of a search, an officer law- fully arrests a person on the premises, the rule governing a search incident to an arrest (15) is applicable. An officer may exert reasonable control over persons present during the search so far as neces- sary to carry out the search, as well as for the safety of the officer and others. An officer may con- duct a protective frisk (7), if appropriate. Persons on the premises may be detained until the search has been completed, if they may be sub- ject to arrest if the thing(s) named in the warrant are found (e.g., drugs), or for the safety of the offi- cers or others.17 28 Protective Sweep An, officer who is lawfully present in private, premises pursuant to an arrest or search warrant may conduct a protective sweep if he or she has reasonable grounds to believe that other persons may be present and pose a danger. A protective sweep is limited to a "walk through," to see whether persons are present 18 Areas immediately adjacent to the place of an arrest (closets, etc.) from which an officer might be attacked may be swept incident to the arrest with- out any specific grounds.19 Property subject to seizure (21) in plain view (35) may be seized. 29 Conclusion of Search When a search pursuant to a warrant has been completed, a copy of the warrant and a receipt list- ing the specific property taken must be left with the owner or an occupant of the premises. If no one is present, the warrant and receipt should be left at the scene in a prominent place. If it is appropriate, a warrant —sometimes called a "covert warrant" —may authorize a covert entry and search of premises to examine and/or photograph items specified in the war- rant, without seizing them and without leaving notice of the search; the owner or occupant of the premises ordinarily must be notified of the search within a specified time. Special rules ap- ply. Consult your legal advisor. Premises should be left in the same condition in which they were found. If no one is present when the search is completed, an officer should secure the premises (31) before leaving. After a search has been completed and the offi- cers have left the premises, re-entry is not permit- ted. Officers may re-enter the premises only if they have independent authorization for that entry (warrant, consent, emergency, etc.).20 • A'f!_ igNIIMI.Pm311POMINIr— 30 Securing the Premises An officer who has probable cause to search premises may secure the premises to prevent evi- dence from being removed or destroyed while a search warrant is being obtained, if: 1. there was not an opportunity to obtain a search warrant sooner, after probable cause developed; 2. there is a risk that thing(s) subject to seizure will be destroyed or lost; and 3. there is a prompt effort to obtain a warrant. The possibility of obtaining a telephonic search warrant (24) should be considered in these circum- stances. No more force than is reasonable and necessary may be used to secure premises. Unless there has already been a lawful police entry, premises should be secured from outside. Even if there has already been an entry, a search should not be conducted without a warrant or some other lawful basis. 31 SECURING THE PREMISES Search With Consent A warrant is not required (nor is probable cause required) to search private premises or property if the officer has the consent of a person who has ap- parent authority to consent.21 The person giving consent does not have to be the person against whom the evidence is sought. Authority to Consent A person has authority to consent to a search if he or she has regular use of the premises or prop- erty without requiring the permission of someone e1se.22 Apparent authority: An officer's reason- able, good faith belief that a person has author- ity to consent is sufficient, even if the belief turns out to be mistaken.23 If authority to consent is in doubt, apply for a search warrant. 32 CONSENT ---Authority to Consent Co -Occupants In shared premises, the occupants' authority to consent to a search depends on their actual under- standing about the use of the premises.24 More than one person may have authority to consent. Consent by one occupant is valid with re- spect to that occupant's own private space or area and common areas shared with others. An occu- pant does not have authority to consent to a search of a space or area reserved for another occupant (e.g., a separate bedroom or a desk or container such as a footlocker, in a common area). In a pri- vate home, both spouses, adult children, or long term guests may all have authority to consent to a search of common areas; a small child or a casual guest usually would not. 33 CONSENT —Co -Occupants Validity of Consent Consent is valid only if it is given voluntarily and not obtained by force or threats.25 A determination whether consent was given voluntarily depends on all the circumstances sur- rounding the consent. The more indications that the person knew what he or she was doing and did it by his or her own choice, the more likely a court is to find that consent was given voluntar- i1y.26 An officer does not have to advise a person of one's right to refuse consent or disclose why the of- ficer wants to search,27 or advise the person that he or she is free to go.28 However, any questions asked of the officer should be answered accurately. Consent given during an unlawful detention, arrest, or entry is unlikely to be held valid. Scope of Search A search based on consent may be only as broad as the consent given. An officer may rely on his or her reasonable understanding of a person's ex- pression of consent. An officer is not authorized to search in areas or containers for which no consent is given, even if the officer believes that the limitation is unreason- able or that nothing subject to seizure will be found in the places for which consent has been given. 34 CONSENT —Validity; Scope of Search Plain View An officer who is lawfully in a public or private place, either as a member of the public or while performing official duties, and who comes across property subject to seizure in plain view may seize the property, whether or not the officer was look- ing for the property or expected to find it.29 Property is in plain view only if it can be seen and recognized as subject to seizure without an im- proper search and without being disturbed.3° Looking in from the outside of private premises (e.g., through a window), and seeing property sub- ject to seizure inside does not by itself authorize a warrantless entry. See also: "Plain Feel" (7), Viewing/Overhearing (36). 35 PLAIN VIEW Viewing/Overhearing An officer may observe the interior of private premises (e.g. through a window) or listen to sounds coming from within the premises from a lawful vantage point outside, provided that what the officer sees or hears may reasonably be said to have been exposed to the public.31 Visual Aids Common visual aids, such as binoculars or a telescope, may be used to confirm unaided obser- vation. Overflights Observation of private premises from an air- craft flying within navigable air space (meeting FAA altitude regulations) is permissible. An over- flight for the purpose of such observation is not a search, and no warrant or other authority to search is required.32 Seeing evidence subject to seizure or overhear- ing evidence of a crime on private premises does not by itself authorize a warrantless entry. See also: Electronic Surveillance (58), Plain View (35). 36 WING/OVERHEARI • VISUAL AIDS; IGHTS Emergency ("Exigent Circumstances") A warrant is not required for an officer to enter private premises, if the officer has probable cause to believe that immediate entry is necessary to re- spond to an emergency.33 Such a situation does not exist if it is reasonably possible to obtain a war- rant before responding or if the emergency is the foreseeable result of avoidable action or inaction of the police. The emergency may not be created by the police. Emergencies include: 1. danger to life or property (fire, explosion, gun -fire, sniper, hostages, cries for help, etc.); 2. hot pursuit (38); 3. destruction of evidence. A lawful entry and search in response to an emergency is limited to the emergency itself and must end when the emergency is over. Thereafter, any further search or subsequent entry requires a search warrant or other authorization. See also: Forcible Entry (25). 37 SEARCH OF PREMISES —Emergency Hot Pursuit An officer who is actually pursuing a person whom the officer has probable cause to believe is committing or has just committed a crime may fol- low the person into private premises without a warrant, in order to make an arrest (11). The offi- cer may make a forcible entry (25) if necessaryM The officer may search the premises for the person to be arrested and to prevent him or her from obtaining weapons or means of escape. See also: Arrest in Private Premises (13), Protec- tive Sweep (29). 38 Administrative Search or Inspection Statutes or local ordinances may authorize po- lice officers or other public officials to enter pri- vate premises to perform official duties other than criminal investigation. Such duties may include in- specting premises of regulated businesses (fire- arms dealers, automobile wrecking yards, pharmacies, etc.) and ensuring compliance with health and safety codes and building codes. In such cases, a statute or ordinance may provide for an entry and search or inspection without a war- rant, or pursuant to an "administrative warrant" for which probable cause is not required.35 If an officer making a lawful administrative search or inspection finds property subject to sei- zure (21) in plain view (35), it may be seized. An administrative search or inspection may not be used as a pretext for unauthorized criminal in- vestigation. 39 ADMINISTRATIVE SEARCH OR INSPECTION Search of Persons The search of a person may be authorized: 1. by a search warrant (23) naming a specific person; 2. as a search incident to arrest (15); 3. following an arrest, as part of regular book- ing procedures (41). The rules allowing a search with consent (32) and in an emergency (37) are also applicable in ap- propriate circumstances. A person may also be compelled to produce nontestimonial evidence —fingerprints, handwrit- ing samples, etc. —or to appear for identification pursuant to a court order or subpoena, whether or not the person is in custody.36 See also: Bodily Inspection and Samples (45), Booking Search (41), Search Incident to Arrest (15). 40 SEARCH OF PERSONS booking Search A person who has lawfully been arrested and taken into custody and will be detained (rather than being given a citation and/or booked and im- mediately released) may be subjected to a full search of his or her person, including clothing and small articles (e.g. a wallet) carried on the arres- tee's person. A warrant is not required.37 A strip search is permissible only if there is a rea- sonable basis for belief that the arrestee may be concealing a weapon or contraband, which the ar- restee would otherwise carry into the place where he or she will be detained (e.g., jail cell). Factors that support such a belief include: 1. the nature of the crime; 2. the arrestee's appearance and conduct; 3. circumstances of the arrest; 4. other facts about the arrestee, including prior arrest record. A strip search should be conducted in a manner that avoids unnecessary discomfort or embarrass- ment to the arrestee. 41 BOOKING SEARCH There should be no physical intrusion into bod- ily cavities without a court order. Blood samples may be taken from a person who is arrested for drunk driving under certain conditions (45).38 See also: Bodily Inspection and Samples (45), Booking Search —Personal Property (43). 42 BOOKING SEARCH 000king Search —Personal Property If a person has been lawfully arrested and taken into custody and will be detained, personal property in the arrestee's possession at the time of the arrest may be inspected and inventoried with- out a warrant, pursuant to a regular booking pro- cedure. Containers may be opened and their contents listed in the inventory.39 An inventory should not be used to search for evidence. (For example, the contents of a notebook that has been identified sufficiently for inventory purposes should not be read fur- ther.)4° If property subject to seizure is found in plain view (35) during an inventory, it may be seized. Property that may be subject to seizure (e.g., suspected contraband) may be impounded tem- porarily pending issuance of a search warrant authorizing further examination. After booking and an inventory are complete, property retained by the police while the person is in custody may be subject to a further evidentiary search without a warrant. Clothing worn by the 43 BOOKING SEARCH —Personal Property arrestee at the time of the arrest may be examined for evidence (e.g. blood stains, paint chips)4' An evidentiary search of containers, like a briefcase or footlocker, may be allowed, but the issue is in doubt.42 The contents of written documents or of an audiotape should not be read or listened to without a search warrant. It is preferable always to obtain a search war- rant for an evidentiary search after booking and an inventory have been completed. See also: Investigative Detention -Personal Prop- erty (6); Search of Containers (53). 44 BOOKING SEARCH —Personal Property bodily Inspection and Samples Physical inspection and the removal of samples of bodily substances (blood and other body fluids, hair, fingernail scrapings) or foreign substances concealed inside the body are authorized only as follows: (1) Without a warrant, following a lawful arrest, if there are reasonable grounds to believe that the substance may be evidence of crime and the sub- stance can be obtained safely and with minimal discomfort (e.g., hair clipping, fingernail scrap- ings).43 If the person physically resists removal of a bodily substance, force should not be used with- out a court order. A blood sample may be taken from a person who is arrested for drunk driving, provided that there is not time to obtain a warrant, there is a clear indication that the blood sample will provide evidence of drunkenness, the sample is taken in a medically approved manner and the arrestee does not indicate a special objection (re- ligion, great fear, etc.) 44 No other physical intrusion into the body should he made without a court order. 45 BODILY INSPECTION AND SAMPLES (2) With a search warrant or other court order, whether or not the person is in custody. The order must specifically authorize removal of the sub- stance. A court order may direct a person not in custody to appear at a reasonable time and place for the procedure to be carried out. All procedures for removal of bodily sub- stances should be carried out in a hygienic, safe manner, without unnecessary discomfort or em- barrassment to the person, See also: Booking Search (41), Search of Persons (40). 46 BODILY INSPECTION AND SAMPLES Probation Search A person who is placed on probation following conviction of an offense may be subject to a search of his or her person, property, and/or premises by a law enforcement officer, to ensure that the terms of the probation order are being met.45 If a probation order specifies that a person is subject to search by a law enforcement officer, an officer may conduct a search in accordance with the conditions of the order. Unless the order so states, neither a warrant nor consent is required. Probable cause (20) is not required. The officer must, however, have reasonable grounds to be- lieve that a search is appropriate to carry out the terms of the probation order. Terms of probation orders and conditions in which a search of a person on probation is author- ized vary. An officer generally should not conduct a search of a person on probation without knowl- edge of the terms and conditions of that person's probation order. 47 PROBATION SEARCH Parole Search A person who is placed on parole following re- lease from prison may be subject to a search of his or her person, property, and/or premises by a law enforcement officer, to ensure that the terms of the parole order are being met. Generally, such a search may be conducted only by a parole officer or by a law enforcement officer acting pursuant to an authorization of a parole officer. If state law authorizes a search of persons on parole or a person's parole order authorizes a search, an officer may conduct a search in accord- ance with such authorization, without a warrant or consent. Probable cause (20) is not required. The officer ordinarily must have reasonable grounds to believe that the person has violated or is violating the terms of parole. Terms of parole and conditions in which a search of a parolee is authorized vary. An officer generally should not conduct a search of a parolee without knowledge of the terms and conditions of the parolee's parole order. 48 PAROLE SEARCH Search of Vehicles Generally The law covering the search of vehicles applies to motor vehicles in general: cars, trucks, aircraft, boats, etc. It applies to recreational vehicles (RV) such as motor homes, trailers, and campers, if they retain mobility and are subject to being readily moved. A warrant to search a vehicle may be obtained in the same way and on the same basis as a war- rant for the search of premises (22). Special rules apply to the search of a vehicle without a warrant (50). The general exceptions to the warrant requirement —consent (32), search inci- dent to arrest (51), emergency (37), abandonment (54), etc. —also apply. The scope of a warrantless search depends on the basis for which the search is authorized. See also: Stop of Vehicles (8), Random Stops/ Roadblocks (8). Mot 11,111 49 Vehicle Exception A vehicle can be searched without a warrant if: 1. there is probable cause (20) to believe that the vehicle or property contained in it is subject to seizure (21); and 2. the vehicle is mobile.46 Mobility means that the vehicle is capable of being moved readily; it need not be in mo- tion nor have recently been in motion. A vehi- cle on blocks or that is missing an essential part or an RV that has utility line(s) in place is not mobile. The vehicle may be searched when and where it was brought under police control or within a rea- sonable time afterwards at the same or another place, while still under police contro1.47 The scope of a search may include any part of the vehicle and any container inside the vehicle, in- cluding passengers' belongings,' where the ob- ject(s) of the search may be hidden 49 A search without a warrant is permitted in the above circumstances whether there is probable cause to search the vehicle itself or the contents of a specific container within it. However, if probable cause is limited to a specific container, only the con- tainer and not the entire vehicle may be searched.50 If there is doubt about the applicability of the vehicle exception, it is prudent to obtain a search warrant. If there is probable cause, the vehicle may be impounded pending prompt issuance of a warrant. 50 Search Incident to Arrest of Occupant(s) If an occupant of a vehicle is lawfully arrested, the passenger compartment only may be searched without a warrant, incident to the arrest 51 The search must be substantially at the time and place of the arrest. In some jurisdictions, such a search is not permitted after the arrestee has been removed from the immediate vicinity of the vehicle. Consult local rules. The scope of the search is limited to the passen- ger compartment and fixed or movable containers (glove compartment, briefcase, purse, luggage) within the compartment. It does not include the trunk or the area under the hood 52 An officer may conduct a protective frisk of the occupant(s) and of the vehicle (8) if appropriate. See also: Search Incident to Arrest (15), Vehicle Exception (50), Vehicle Inventory (52). (A police officer who has authority to make an ar- rest but instead issues a traffic citation may ngt then search the vehicle, driver, or occupants.53) 51 SEARCH OF VEHICLES —Arrest of Occupant Vehicle Inventory If a vehicle is lawfully impounded and retained in police custody (because the driver has been ar- rested or is injured or missing, or because the vehi- cle was illegally parked or was removed from the scene of an accident, etc.). it may be entered and it and its contents inventoried without a warrant.1 The inventory must be carried out pursuant to a standard departmental policy. It may not be car- ried out selectively on vehicles singled out for an- other reason. The inventory may be conducted when and where the vehicle is placed under police control or later when it is placed in a location for storage. Af- ter the inventory is completed, the vehicle should not be searched again for specific items. (If prob- able cause for a further search develops later, a warrant should be obtained.) Officers conducting the inventory may inspect the exterior and interior of the vehicle, including the trunk and other compartments as well as con- tainers within the vehicle, to the extent necessary to inventory the contents and check for possible dangerous substances. If property subject to seizure (21) is found in plain view (35) during an inventory, it may be seized. 52 illir V . CLE INVENTORY Search of Containers Containers such as luggage, briefcases, closed packages, etc., should ordinarily be searched only pursuant to a search warrant.55 However, if there is probable cause to search a container lawfully found in a vehicle, the vehicle exception (50) applies, and the con- tainer may be searched without a warrant. Containers that come under the control of the police by the arrest or detention of the possessor may be detained pending prompt issuance of a search warrant. If a container is found within a larger area, such as a house or vehicle, that the police have author- ity to search, the container may be opened and searched if the object of the search may reasonably be found inside. See also: Booking Search —Personal Property (43), Search Incident to Arrest (15), Search of Premises (22), Search of Vehicles Generally (49). 53 Abandoned Property Abandoned property may be searched without a warrant.56 Property is abandoned if the owner or person entitled to possession leaves it in a public or pri- vate place (e.g. in a hotel room after checking out or in a residence that has been vacated) in circum- stances indicating that he or she no longer intends to retain any interest in it. If an officer finds property in circumstances leading the officer to believe reasonably and in good faith that it has been abandoned, he or she may seize and search it without a warrant. A warrant or other lawful authority may be re- quired to enter private premises in order to seize property left there, even if it has been abandoned. See also: Search of Trash (55). 54 Search of Trash Trash left in a public place (e.g., the curb in front of a house) for collection by trash collectors is considered to be abandoned property (54). It may be searched without a warrant.57 An officer may not go on private premises to seize trash without a warrant or other lawful authority. (The curtilage (22) is part of the prem- ises.) See also: Abandoned Property (54). 55 SEARCH OF TRASH Chemical Field Test A chemical field test may be performed on a substance that has been lawfully seized and is rea- sonably believed to be a controlled substance. A warrant to perform the test is not required.58 Controlled Delivery If a container that is intended for delivery has been intercepted and lawfully seized and opened and its contents are identified as contraband or otherwise illegally possessed, the container may be re -sealed for delivery to the intended recipient. After the delivery has been made, if the recipient is arrested with the container in his or her posses- sion, it may be re -opened without a warrant, pro- vided that during and after the delivery, the container was under observation except for brief periods during which the contents are unlikely to have been changed.59 ICAL FIELD TES 56 Computer Search The requirements of a lawful search apply to the search of computer files for stored data or in- formation. Ordinarily, a search for and seizure of stored data or information or of components (i.e., "hardware," such as CPU, keyboard, monitor, mo- dem, and printer) without consent will be con- ducted pursuant to a search warrant (23). The established exceptions to the warrant requirement (e.g., emergency (37)) may also be applicable. If information is sought at a different "location" (bulletin board, etc.), a separate search warrant is required. A warrant to search computer files must satisfy the requirement of specificity (24) by stating clearly the files to be searched and the information to be "seized"—i.e., the material being sought. The officer executing the warrant may review files to determine whether they are covered by the war- rant, but once that determination has been made, material that is not covered may not be examined further. Additional, special provisions may apply. Con- sult your legal adviser. It is usually advisable also to obtain technical assistance. See also: Plain View (35), Probable Cause (20), Property Subject to Seizure (21), Search Warrant (23), Search with Consent (32). 57 COMPUTER SEARCH Electronic Surveillance The requirements of a lawful search apply to the use of electronic devices for wiretapping, eavesdropping, or surveillance. Some special rules apply. Ordinarily, the use of an electronic device to in- tercept any nonpublic wire, oral, or electronic com- munication without a court order or the consent of one of the parties to the communication is a viola- tion of federal law. In some emergency situations, an interception may be initiated without a court or- der; but an application for an order must ordinar- ily be made promptly thereafter.60 Routine monitoring of telephone conversations of inmates of a jail or prison for the purpose of maintaining security is permissible without a court order. Such monitoring may not be carried out for the specific purpose of listening for evi- dence of a crime. A court order may be required for the disclosure of records of routine monitoring and their use in evidence. The consent of one party to a conversation is sufficient to authorize the use of a concealed de- vice to listen to or record the conversation.61 An undercover officer (92) or informant (90) may carry a hidden device to transmit or record a conversation to which he or she is a party. A concealed device should not be used to listen to or record a conversation between an attomey and a client. 58 ELECTRONIC SURVEILLANCE Use of a pen register to record telephone num- bers of outgoing calls made from a telephone or a trap and trace device to record telephone numbers of incoming calls made to a telephone require a court order, unless the person to whom the telephone be- longs consents or there is an emergency.62 Surveillance by closed circuit television or video camera is permissible without a warrant or court or- der if the place surveilled is in public view (34) or otherwise overtly subject to police control. Other- wise, consent of one of the persons then present and being surveilled (with or without audio sur- veillance) is sufficient. In the absence of consent or an emergency, a warrant or court order is required. Use of a tracking device to monitor the where- abouts of a vehicle, container, etc. is permissible without a warrant or court order, if the device is installed without an unlawful entry (e.g., by attach- ment to the exterior of a vehicle) and the monitor- ing is discontinued while the object is not in public view. To continue monitoring of the object in pri- vate premises, in the absence of consent or an emergency, a court order is required.63 Use of a thermal imager to detect and record heat patterns originating inside private premises, areas, or containers may be authorized by a search war- rant or, in some jurisdictions, is permissible in some circumstances without a warrant. Consult your legal adviser. 59 ELECTRONIC SURVEILLANCE Notes 1. Draper v. United States, 358 U.S. 307 (1959); Illinois v. Gates, 462 U.S. 213 (1983) 2. Warden v. Hayden, 387 U.S. 294 (1967) 3. Florida v. White, 526 U.S. 559 (1999) 4. Stoner v. California, 376 U.S. 483 (1964) 5. Hester v. United States, 265 U.S. 57 (1924); Oliver v. United States, 466 U.S. 170 (1984); United States v. Dunn, 480 U.S. 294 (1987) 6. Hester v. United States, 265 U.S. 57 (1924); Oliver v. United States, 466 U.S. 170 (1984) 7. Illinois v. Gates, 462 U.S. 213 (1983) 8. Marron v. United States, 275 U.S. 192 (1927) 9. Wilson v. Arkansas, 514 U.S. 927 (1995); Miller v. United States, 357 U.S. 301 (1958) 10. Ker v. California, 374 U.S. 23 (1963); Wilson v. Arkansas, 514 U.S. 927 (1995) 11. United States v. Ramirez, 523 U.S. 65 (1998) 12. Richards v. Wisconsin, 520 U.S. 385 (1997) 13. Wilson v. Layne, 526 U.S. 603 (1999) 14. Horton v. California, 496 U.S. 128 (1990) 15. United States v. Leon, 468 U.S. 897 (1984) 16. Ybarra v. Illinois, 444 U.S. 85 (1979) 17. Michigan v. Summers, 452 U.S. 692 (1981) 18. Maryland v. Buie, 494 U.S. 325 (1990) 3-App NOTES 19. Maryland v. Buie, 494 U.S. 325 (1990) 20. Michigan v. Clifford, 464 U.S. 287 (1984) 21. United States v. Matlock, 415 U.S. 164 (1974); Illinois v. Rodriguez, 497 U.S. 177 (1990) 22. United States v. Matlock, 415 U.S. 164 (1974) 23. Illinois v. Rodriguez, 497 U.S. 177 (1990) 24. United States v. Matlock, 415 U.S. 164 (1974) 25. Schneckloth v. Bustamonte, 412 U.S. 218 (1973) 26. Schneckloth v. Bustamonte, 412 U.S. 218 (1973) 27. Schneckloth v. Bustamonte, 412 U.S. 218 (1973) 28. Ohio v. Robinette, 519 U.S. 33 (1997) 29. Horton v. California, 496 U.S. 128 (1990) 30. Arizona v. Hicks, 480 U.S. 321 (1987) 31. Katz v. United States, 389 U.S. 347 (1967) 32. California v. Ciraolo, 475 U.S. 207 (1986); Dow Chemical Co. v. United States, 476 U.S. 227 (1986) 33. Warden v. Hayden, 387 U.S. 294 (1967) 34. Warden v. Hayden, 387 U.S. 294 (1967) 35. New York v. Burger, 482 U.S. 691 (1987) 36. Schmerber v. California, 384 U.S. 757 (1966); United States v. Dionisio, 410 U.S. 1 (1973); United States v. Mara, 410 U.S. 19 (1973) 37. United States v. Edwards, 415 U.S. 800 (1974); Illinois v. Lafayette, 462 U.S. 640 (1983) 38. Schmerber v. California, 384 U.S. 757 (1966) "MN 3-App l 39. Colorado v. Bertine, 479 U.S. 367 (1987) 40. Florida v. Wells, 495 U.S. 1 (1990) 41. United States v. Edwards, 415 U.S. 800 (1974) 42. United States v. Edwards, 415 U.S. 800 (1974); United States v. Chadwick, 433 U.S. 1 (1977) 43. Cupp v. Murphy, 412 U.S. 291 (1979) 44. Schmerber v. California, 384 U.S. 757 (1966) 45. Griffin v. Wisconsin, 483 U.S. 868 (1987) 46. Chambers v. Maroney, 399 U.S. 42 (1970) 47. Chambers v. Maroney, 399 U.S. 42 (1970); United States v. Johns, 469 U.S. 478 (1985); Maryland v. Dyson, 527 U.S. 465 (1999) 48. Wyoming v. Houghton, 526 U.S. 295 (1999) 49. United States v. Ross, 456 U.S. 798 (1982) 50. California v. Acevedo, 500 U.S. 565 (1991) 51. New York v. Belton, 453 U.S. 454 (1981) 52. New York v. Belton, 453 U.S. 454 (1981) 53. Knowles v. Iowa, 525 U.S. 113 (1998) 54. South Dakota v. Oppermam, 428 U.S. 364 (1976) 55. United States v. Chadwick, 433 U.S. 1 (1977) 56. Abel v. United States, 362 U.S. 217 (1960) 57. California v. Greenwood, 486 U.S. 35 (1988) 58. United States v. Jacobsen, 466 U.S. 109 (1984) NOTES 3-App 59. Illinois v. Andreas, 463 U.S. 765 (1983) 60. 18 U.S.C. §§ 2510-3521 61. United States v. White, 401 U.S. 745 (1971) 62. 18 U.S.C. §§ 2510-3521; Smith v. Maryland, 442 U.S. 735 (1979) 63. United States v. Knotts, 460 U.S. 276 (1983); United States v. Karo, 468 U.S. 705 (1984) 3-App 4 Identification No person shall ... be deprived of ... liberty ... without due process of law. — Fifth Amendment No stale shall "deprive any person of ... liberty ... without due process of law." —Fourteenth Amendment A person accused of a crime shall have "the assistance of counsel for his defense." — Sixth Amendment Topic Index: Generally (61) Lineup/Showup (65) Procedure (66) On -Scene (63) Photo Spread (70) Pre -Arrest (64) Presence of Counsel (68) Use of Force (62) 60 IDENTIFICATION Identification Generally Identification includes any procedure by which a witness identifies someone as the person whom the witness observed committing a crime or as a person otherwise wanted in connection with a crime. The most common form of identification is visual, by an eye witness. There may also be identi- fication by voice or, in special circumstances, by smell or touch. The basic requirement of any identification pro- cedure is that the witness rely entirely on his or her own observations and not be led to identify a particular person by deliberate or accidental police conduct. A witness should not be pressured to make an identification of which he or she is un- sure.1 If it is unavoidable that a suspect be singled out for a witness, the officer should emphasize that the identification is uncertain and the witness should not verify the suspicion of the police unless it ac- cords with the witness's own independent judg- ment? Before making an identification by a lineup or otherwise, a witness should be asked to describe the person whom the witness saw. The description should be recorded and preserved. 61 IDENTIFICATION —Generally use of Force When a person in custody or subject to a court order is required to participate in an identification procedure, force should not be used to compel the person's unwilling participation. A refusal to par- ticipate will ordinarily be admissible in evidence. 62 IDENTIFICATION —Use of Force vn-)cene Identification An officer who is responding to the scene of a crime and has a basis for an investigative deten- tion (4) may detain a person briefly, in order to al- low an eyewitness to see the detainee for identification. The witness should be brought to the place where the person is detained. If the witness is in- jured or it is impractical to bring the witness to the place of detention, the detainee may be brought to the witness at the scene of the crime. A detainee ordinarily should not be brought to a place other than the scene of the crime (e.g., a hospital or the witness's home) unless the detainee is placed under arrest. Movement of the detainee is permitted if delay might mean that the witness's identification would be lost: for example, if the wit- ness is seriously injured and may die. See also: Investigative Detention (4). 63 ON -SCENE IDENTIFICATION Pre -Arrest Identification If a witness believes that he or she can identify the person who committed a crime but the police do not have probable cause for an arrest (11), an of- ficer may arrange for the witness to see a suspect in a public place. The witness should be told to observe people in the area and make an identification if he or she can. The officer should not point out the suspect to the witness. Before being taken to make an identification, the witness should give a full description of the person whom the witness saw. The description should be recorded and preserved. 64 PRE -ARREST IDENTIFICATION Lineup/Showup A lineup (or showup), is a planned procedure in which a witness views a number of people in- cluding the suspect and is asked whether he or she can identify one of them as the person he or she saw commit the crime. A person who has been arrested and is lawfully in custody may be required to participate in a lineup.3 A person who is not in custody may be re- quired to participate in a lineup by court order.4 Force should not be used to compel an unwill- ing person to participate in a lineup. 65 LINEUP/SHOWUP Lineup Procedure A witness's identification of a suspect at a lineup is not admissible at trial unless the lineup procedures are reasonably designed to avoid an unreliable identification. An unreliable lineup identification may also require exclusion of a sub- sequent in -court identification. Officers conduct- ing a lineup should carefully follow established procedures and record the procedures used in each case.5 A lineup should consist of about 6 persons in- cluding the suspect, who generally match the wit- ness's description of the person whom he or she saw. If there is more than one witness, each witness should view the lineup separately and should not communicate with any other witness until each has stated his or her conclusion. If any person in the lineup is instructed to wear special clothing, repeat words, or make gestures, all persons in the lineup should be instructed to do the same. If a lineup is conducted before the beginning of for- mal proceedings against the suspect (68), the presence of defense counsel is not required and the suspect's 66 LINEUP PROCEDURE E- attorney does not have to be notified.6 If the attor- ney is present or is readily available, it is advisable to notify the attorney and allow him or her to at- tend (to increase the likelihood that an identifica- tion will be admitted in evidence). The persons in the lineup should be photo- graphed or videotaped. The photographs or vide- otape should be preserved. See also: Lineup -Presence of counsel (68). 67 LINEUP PROCEDURE Lineup —Presence of Counsel After formal proceedings to prosecute have begun, the defendant has a right to the assistance of coun- sel at a lineup.? Formal proceedings have begun when a person is brought before a magistrate and advised of the charges against the person or is formally accused by indictment or information.8 The right to counsel requires that a lineup be conducted at a reasonable time and place and that the defendant's attorney be notified in advance and given a reasonable opportunity to attend. The role of the attorney at a lineup is that of a nonparticipant observer. The attorney must be per- mitted to observe the lineup fully but may not in- terfere with its performance. If the attorney makes recommendations concerning the conduct of the lineup they should be considered and, if reason- able, followed. If they are not followed, a record should be made of the recommendations and rea- sons for rejecting them. A witness participating in a lineup is not re- quired to speak to the attorney nor must the attor- ney be allowed to hear the witness's response to 68 LINEUP —Presence of Counsel the lineup. Allowing the attorney to hear the wit- ness's response may increase the reliability of an identification and its admissibility. Therefore, pro- vided that the attorney does not interfere with the post -lineup interview, he or she should ordinarily be allowed to listen. (Departmental regulations to ensure the reliabil- ity of a lineup may permit the conduct of lineups without the presence of the defendant's attorney. Consult your legal adviser.) 69 LINEUP —Presence of Counsel Photo Spread A witness who is asked to make an identifica- tion by viewing photographs should be shown a photo spread of about 6 reasonably similar photos that have no indication of which is a photo of the suspect. The photos should be either all in color or all in black and white and without distinctive markings. Each witness should view the spread and give a response out of the presence of other witnesses. If the witness makes a positive identification, it should be recorded and the record preserved sepa- rately from the photo spread. No mark should be made on a photo that indicates that an identifica- tion has been made. The photo spread should be preserved intact, whether or not an identification was made. The presence of the defendant's attorney is not required when a witness views a photo spread, whether or not formal proceedings have begun.9 70 PHOTO SPREAD Notes 1. United States v. Wade, 388 U.S. 218 (1967); Neil v. Biggers, 409 U.S. 188 (1972) 2. Stovall v. Denno, 388 U.S. 293 (1967) 3. United States v. Wade, 388 U.S. 218 (1967) 4. United States v. Dionisio, 410 U.S. 1 (1973) 5. United States v. Wade, 388 U.S. 218 (1967) 6. Kirby v. Illinois, 406 U.S. 682 (1972) 7. United States v. Wade, 388 U.S. 218 (1967) 8. Kirby v. Illinois, 406 U.S. 682 (1972) 9. Simmons v. United States, 390 U.S. 377 (1968) 4-App NOTES 5 Interrogation No person shall ... be deprived of ... liberty ... without due process of law. —Fifth Amendment No state shall "deprive any person of ... liberty ... without due process of law." —Fourteenth Amendment No person "shall he compelled in any criminal case to be a witness against himself." — Fifth Amendment A person accused of a crime shall have "the assistance of counsel for his defense." — Sixth Amendment Topic Index: Custodial Interrogation (76) Advice or Additional Information (79) Further Contact with Suspect (82) Miranda Warnings (78) Miranda Warnings —No Waiver (82) Miranda Warnings —Waiver (80) Person Previously in Custody (83) Public Safety Exception (85) Undercover (84) 71 INTERROGATION 1- Generally (73) Right to Counsel (87) Waiver (88) Traffic Stop (86) Voluntariness (74) 72 INTERROGATION Interrogation Generally An officer may ask a person for information about a crime, whether or not the officer regards the person as a suspect or witness, provided that: 1. the person's liberty is not restricted; 2. the person is free to answer questions or not; and 3. the officer's conduct does not cause the person reasonably to believe that his or her freedom is restricted or that he or she is required to answer.' Special considerations apply if a person is not competent to make a voluntary choice (75) or is in custody (76), or if formal proceedings to prosecute the person have begun (87). See also: Consensual Contact (3). 73 ■ Voluntariness A person's incriminating statements to the po- lice are admissible against the person only if they are voluntary. Statements are voluntary if they are given freely and not the product of coercive police conduct that deters the person from making a free choice.2 The requirement that statements be voluntary applies even if a person is not a suspect or in cus- tody at the time the statements are made; it is in ad- dition to the requirement that Miranda warnings be given before a person in custody is questioned. A determination whether statements are volun- tary is based on all the circumstances in which they were given.3 An officer questioning a person should not: 1. threaten or humiliate the person, directly or indirectly, or 2. indicate that he or she will protect the per- son from harm or do the person favors if the person answers questions, or 3. question the person so persistently or inten- sively that the person believes that he or she has no choice other than to answer questions. 74 An officer should not question a person who is not in a condition to make a voluntary choice whether or not to answer. If a person is in a weak- ened condition because of injury, drugs, fatigue, etc., or is young or emotionally unstable, or if for any other reason the person's ability to make a vol- untary choice may be limited, an officer should be cautious about the manner and extent of question- ing. 75 INTERROGATION —Voluntariness Custodial Interrogation An officer may interrogate a suspect in custody only if the suspect has been given Miranda warn- ings (78) and has waived his or her rights (80), and the waiver remains effective.4 Interrogation includes direct questioning or its functional equivalent: words or conduct intended or likely to elicit a response from the suspect, such as speaking about the crime to him or her or to an- other person in the suspect's presence.5 Miranda warnings are not required before ask- ing routine booking questions about biographical data (e.g., name, address, height, weight, age, date of birth).6 A person is in custody for purposes of interroga- tion if he or she has been arrested and is presently detained by any jurisdiction (federal, state, local, or foreign) or if the person'sfreedom of movement has been significantly restricted. Whether or not a person is in custody depends on the objective circumstances and not on the subjec- tive view of either the person interrogated or the officers who conduct the interrogation.8 CUSTODIAL INTERROGATION 76 Custody is not limited to the police station or jail. According to the circumstances, a person may be in custody and Miranda warnings therefore re- quired before interrogation in private premises, on the street, or in a police car. Investigative detention (4) is not custody for this purpose. Miranda warnings do not have to be given. See also: Public Safety Exception (85), Traffic Stop (86), Undercover Custodial Interrogation (84). 77 CUSTODIAL INTERROGATION Miranda Warnings Before any interrogation (76) of a suspect in cus- tody, the suspect must be advised: 1. that he or she has the right to remain silent; 2. that anything he or she says may be used as evidence against him or her; 3. that he or she has the right to speak to an at- torney before being questioned and to have an attorney present during questioning; and 4. that if he or she cannot afford an attorney, one will be provided.9 An officer giving Miranda warnings must use language that reasonably conveys their substance. Specific language is not required. In order to avoid an accidental departure from the required warn- ings, it is advisable to recite them verbatim from the written form issued by most police depart- ments. If a suspect does not understand English, the warnings must be given in a language that the sus- pect understands. If an officer has reason to doubt that a suspect understands English, the officer should confirm explicitly that the suspect under- stands or arrange for the warnings to be given in another language. 78 INTERROGATION —Miranda Warnings Additional Advice or Information Except for Miranda warnings, an officer is not generally required to advise a suspect before or during questioning. The officer is not required to tell the suspect the subject(s) of the interrogation or to give other information.'° If an officer knows that the suspect has an attor- ney who wants to be present during questioning, it is advisable to inform the suspect and notify the attorney before the suspect is questioned. Giving such advice increases the likelihood that any state- ments that the suspect makes will be admissible.11 (Such advice is required in some jurisdictions. Con- sult your legal adviser.) See also: Voluntariness (74). 79 CUSTODIAL INTERROGATION — Additional Advice or Information Miranda Warnings —Waiver After a suspect in custody has been given Mi- randa warnings, the suspect may be questioned only if he or she waives his or her rights to remain silent, to speak with an attorney, and to have an at- torney present during questioning.12 Waiver means that the suspect freely and volun- tarily decides to answer questions. Without being pressured, the suspect must clearly indicate by words or conduct that he or she is willing to be questioned. The suspect's silence following Mi- randa warnings is not by itself a waiver." If a suspect indicates that he or she is will- ing to be questioned only under certain condi- tions, questioning must be limited to those conditions. If, following a waiver, questioning begins and is then interrupted for a prolonged period (several hours or more), Miranda warnings should be re- peated before questioning is resumed.14 If a suspect indicates that he or she waives and is willing to answer questions and subsequently in- dicates that he or she is no longer willing to do so, questioning must stop.15 80 MIRANDA WARNINGS —Waiver 1 If a suspect who is being questioned makes an ambiguous reference to an attorney and the offi- cers conducting the questioning reasonably do not know whether the suspect wants to speak to a law- yer, they are not required to stop questioning the suspect or to clarify his wishes (although the latter ordinarily is good police practice). Questioning must stop if the suspect clearly and unambigu- ously asks to speak to an attorney.16 See also: Person Previously in Custody (83). 81 MIRANDA WARNINGS —Waiver Miranda Warnings —No Waiver If, after being given Miranda warnings, a sus- pect does not waive his or her rights to remain si- lent, to speak with an attorney, and to have an attorney present, the suspect may not be questioned.17 Further Contact With Suspect If a suspect does not waive his or her right to re- main silent, an officer may inquire again whether the suspect is willing to answer questions, but not before a substantial period of time (not less than two hours) has passed. The Miranda warnings must be repeated and a waiver obtained before any questions are asked.18 If a suspect does not waive his or her rights to speak with an attorney and to have an attorney present, no further questioning is permitted unless counsel is present or the suspect initiates further communica- tion expressing a willingness to answer questions. This restriction applies to custodial interrogation about any crime, charged or not charged. If there is further questioning, the Miranda warnings must be repeated and a waiver obtained before the ques- tioning begins.19 See also: Miranda Warnings —Waiver (80). 82 MIRANDA WARNINGS —No Waiver Person Previously in Custody Before questioning a suspect who has been in the continuous custody of other officers, whether of the same or a different police agency, an officer must first ascertain whether the suspect was pre- viously given Miranda warnings and, if so, what his or her response was. If Miranda warnings were given and the sus- pect did not waive his or her rights, he or she may not be questioned. If the suspect waived his or her rights while in the custody of other officers but a substantial pe- riod of time has passed, the warnings should be given again and a waiver obtained before the sus- pect is questioned. 83 MIRANDA WARNINGS — Person Previously in Custody Undercover Custodial Interrogation An undercover officer or agent of the police (90) may ask a suspect in custody about any crime, including the crime for which the suspect is in cus- tody, without giving Miranda warnings, provided that formal proceedings to prosecute the suspect have not begun (87). The suspect's statements will be ad- missible against him or her so long as he or she is unaware of the other person's official capacity and engages in the conversation voluntarily, as with a fellow inmate or friend zo This rule is applicable to a suspect who is placed in a jail cell with an undercover officer or an agent of the police. Caution: If a suspect has been given Miranda warnings and has asked to speak to counsel (82), questioning by an undercover agent may be pro- hibited. Consult your legal adviser. See also: Interrogation —Right to Counsel (87), Mi- randa Warnings —No Waiver (82), Undercover In- vestigation —Right to Counsel (94). R 84 Public Safety Exception An officer who has a reasonable concern for public safety that calls for immediate action may ask a person in custody questions related to the danger without first giving Miranda wamings.21 For example, if an officer arrests a person whom the officer believes to have been armed and dangerous and the officer has reason to be- lieve that the person has concealed the weapon in a place where it constitutes an immediate danger to the public, the officer may ask where the weapon is, even though Miranda warnings have not been given. 85 MIRANDA WARNINGS —Public Traffic Stop A routine stop of a vehicle for a traffic violation is not custody for purposes of the Miranda rules. The officer does not have to give the driver Mi- randa warnings before asking questions relating to the traffic violation? The Miranda warnings must be given if the stop is prolonged beyond what is necessary for the traffic violation or if the officer asks questions not related to the traffic violation. 86 MIRANDA WARNINGS —Traffic Stop Right to Counsel After formal proceedings to prosecute have be- gun, the right to counsel (Sixth Amendment) (71) at- taches and prohibits all questioning of the defendant about the crime for which he or she is being prosecuted, unless the defendant's attorney is present. The prohibition applies to police offi- cers and to anyone cooperating with or acting at the direction of the police, whether the question- ing is custodial or non-custodial.Th It does not ap- ply to a crime other than the one for which the defendant is being prosecuted.24 Formal proceedings have begun when a person is brought before a magistrate and ad- vised of the charges against him or her or is formally accused by indictment or information.25 A defendant's Miranda rights are independent of the right to counsel. If a defendant in custody has not waived his or her right to have an attorney present during interrogation, custodial interroga- tion about any crime is prohibited (82). If the defen- dant has waived that right, he or she may be questioned about any crime unrelated to one for which formal proceedings have begun. The right to counsel does not prohibit an officer or other person from listening passively to a defen- dant's voluntary statements about a crime. The of- ficer or person may not question or otherwise solicit information from the defendant.26 87 INTERROGATION —Right to Counsel Waiver of Right to Counsel A defendant may waive (80) the right to coun- se1.27 The requirements of a valid waiver are ap- plied strictly in this situation. A waiver is presumed not to be valid if the police initiated the conversation in which the waiver is given.28 A waiver following Miranda warnings is also ordinarily sufficient to waive the right to counsel. (In some jurisdictions a waiver is not valid un- less the defendant's attorney is present when he or she waives. Consult your legal adviser.) See also: Miranda Warnings —No Waiver (82). 88 INTERROGATION —Right to Counsel; Waiver Notes 1. Florida v. Royer, 460 U.S. 491 (1983); California v. Hodari D., 499 U.S. 621 (1991) 2. Culombe v. Connecticut, 367 U.S. 568 (1961); Spano v. New York, 360 U.S. 315 (1959); Colorado v. Connelly, 479 U.S. 157 (1986) 3. Culombe v. Connecticut, 367 U.S. 568 (1961); Haynes v. Washington, 373 U.S. 503 (1963) 4. Miranda v. Arizona, 384 U.S. 436 (1966) 5. Rhode Island v. Innis, 446 U.S. 291 (1980) 6. Pennsylvania v. Muniz, 496 U.S. 582 (1990) 7. Miranda v. Arizona, 384 U.S. 436 (1966); Orozco v. Texas, 394 U.S. 324 (1969) 8. Stansbury v. California, 511 U.S. 318 (1994) 9. Miranda v. Arizona, 384 U.S. 346 (1966) 10. Colorado v. Spring, 479 U.S. 564 (1987); Moran v. Burbine, 475 U.S. 412 (1986) 11. Moran v. Burbine, 475 U.S. 412 (1986) 12. Miranda v. Arizona, 384 U.S. 436 (1966) 13. Miranda v. Arizona, 384 U.S. 436 (1966) 14. Miranda v. Arizona, 384 U.S. 436 (1966) 15. Miranda v. Arizona, 384 U.S. 436 (1966) 16. Davis v. United States, 512 U.S. 452 (1994) 17. Miranda v. Arizona, 384 U.S. 436 (1966) 5-App NOTES 18. Michigan v. Mosley, 423 U.S. 96 (1975) 19. Edwards v. Arizona, 451 U.S. 477 (1981); Oregon v. Bradshaw, 462 U.S. 1039 (1983) 20. Illinois v. Perkins, 496 U.S. 292 (1990) 21. New York v. Quarles, 467 U.S. 649 (1984) 22. Berkemer v. McCarty, 468 U.S. 420 (1984) 23. Massiah v. United States, 377 U.S. 201 (1964) 24. McNeil v. Wisconsin, 501 U.S. 171 (1991) 25. Kirby v. Illinois, 406 U.S. 682 (1972) 26. Kuhlmann v. Wilson, 477 U.S. 436 (1986) 27. Patterson v. Illinois, 487 U.S. 285 (1988) 28. Michigan v. Jackson, 475 U.S. 625 (1986) 5-App 6 Undercover Investigation This section deals with practices of police offi- cers who conceal their official position in order to conduct an undercover investigation. It deals also with the use of informants and others who are not police officers but who cooperate with or act at the direction of an officer. Topic Index: Attorney —Client Meetings (95) Concealing Police Identity (92) Entry into Private Premises (93) Obtaining Evidence (93) Entrapment (97) "Informer's Privilege" (96) Private Persons/Informants (90) Right to Counsel (94) 89 UNDERCOVER INVESTIGATION Private Persons/Informants Private persons who cooperate with or act at the direction of an officer, whether as an informant on a regular basis or on a particular occasion, are regarded as agents of the police. They are generally subject to the same rules. An officer should not di- rect, encourage, or assist another person to take steps that the officer cannot lawfully take. A private person who acts independently to ob- tain evidence of a crime generally is not subject to the rules that regulate police actions.1 The person is regarded as an ordinary witness, and the rules requiring exclusion of evidence obtained by unlaw- ful official action do not apply. Any significant co- operation or understanding with the police will subject the person's activities to the rules applica- ble to the police. An officer may not enlarge or extend a search by a private person unless the requirements for an official search are satisfied. 90 UNDERCOVER INVESTIGATIO 1 If a private person obtains evidence illegally, the person may be subject to criminal and civil li- ability, even if the evidence is admissible against another person. See also: Concealing Police Identity (92). UNDERCOVER INVESTIGATION — Private Persons/Informants 91 Concealing Police Identity It is ordinarily permissible for a police officer or agent of the police (90) to act undercover, i.e. to con- ceal his or her connection with the police, in the course of a criminal investigation. An officer or agent may obtain the voluntary consent or assis- tance of a suspect or a third person who would not give consent or assist if he or she knew of the con- nection with the police. Usually, such consent is ef- fective even though the purpose to carry out a criminal investigation is concealed.2 See also: Attorney -Client Meetings (95), Entry Into Private Premises (93), Obtaining Evidence (93). 92 UNDERCOVER INVESTIGATION — Concealing Police Identity Obtaining Evidence An undercover officer or agent of the police (92) may pose as a friend or acquaintance of a per- son under investigation. If the person voluntarily reveals evidence of a crime, it is admissible even though it would not have been revealed had the connection with the police been known.3 Entry Into Private Premises An officer or agent of the police may enter pri- vate premises by invitation, even though he or she conceals his or her connection with the police. His or her conduct within the premises is limited to the purpose of the invitation. For example, if an undercover agent is invited to enter to buy drugs, he or she may do so without a warrant.4 Electronic devices for wiretapping, eavesdrop- ping, and surveillance (58) are commonly used in undercover investigations. Special rules apply. Consult your legal adviser. 93 UNDERCOVER INVESTIGATION —Obtaining Evidence; Entry Into Private Premises Right to Counsel Even after the right to counsel has attached (87) an undercover officer or agent of the police (90) may listen passively to a defendant's voluntary statements. The officer or agent may not question or otherwise solicit information from the defen- dant. If the above conditions are met, an under- cover officer or agent placed in a jail cell with a defendant may testify about the defendant's state- ments regarding the crime. Miranda warnings are not required.5 94 UNDERCOVER INVESTIGATION — Right to Counsel 1 Attorney -Client Meetings An undercover officer or agent of the police (90) should avoid attending meetings of the defen- dant and his or her attorney. Charges against the defendant may be dismissed if information about the tactics of the defense is overheard and commu- nicated to the prosecution or if the conduct of the defense is in any way prejudiced.6 An undercover officer or agent is not prohib- ited from attending a meeting of the defendant and his or her attorney if it is reasonably necessary to avoid disclosure of his or her connection with the police and/or for protection from danger.? Even in those circumstances, the charges will be dismissed if the conduct of the defense is prejudiced. Careful steps should be taken to ensure that information relevant to the defense is not communicated to the prosecution. A re- cord of steps that are taken should be pre- served. 95 UNDERCOVER INVESTIGATION — Attorney -Client Meetings "Informer's Privilege" A police officer is not ordinarily required to dis- close the identity of a confidential informant. This "informer' privilege," gives way if the informant's identity may be significantly helpful to the prepa- ration of a defense.8 The informer's privilege is most likely to give way if information supplied by the inform- ant is part of the prosecution's evidence against the defendant at trial, directly or indirectly. Dis- closure of the informant's identity usually is not required if the informant is only the source of information that provides probable cause for an arrest or search. If the court orders disclosure of the informant's identity, the prosecution has a choice whether to disclose his or her identity or to protect the inform- ant and let the charges against the defendant be dismissed. 96 "INFORMER'S PRIVILEGE" Entrapment Entrapment is a defense to a criminal prosecu- tion, by which the defendant claims that he or she would not have committed the crime but for the ac- tions of the police.9 A defendant who raises the defense of en- trapment usually admits commission of acts constituting the crime. The defendant may deny that his or her conduct constituted a crime but argue that if the conduct was criminal, it was induced by the police. A person is entrapped if he or she was not inde- pendently willing and ready to commit a crime and would not have committed it but for the in- ducement of the police.'° Inducement means more than going along with or acquiescing in the commission of a crime. It means that the police officer. or agent of the police (90) overcame a person's lawful in- tention. It is not entrapment for an officer or agent to provide an opportunity for a person to commit a crime that the person is ready and willing to com- mit. The officer or agent may furnish means for commission of the crime, provided that furnishing 97 the means does not amount to impermissible in- ducement. Entrapment is most frequently asserted as a de- fense when an officer or agent has acted under- cover. Undercover officers should be careful not to engage in conduct or use language that a suspect might perceive as urging the suspect to commit a crime that he or she did not intend to commit. An agent of the police should be instructed similarly. 98 Notes 1. Burdeau v. McDowell, 256 U.S. 465 (1921) 2. Lewis v. United States, 385 U.S. 206 (1966) 3. Lewis v. United States, 385 U.S. 206 (1966); United States v. White, 401 U.S. 745 (1971) 4. Lewis v. United States, 385 U.S. 206 (1966) 5. Kuhlmam v. Wilson, 477 U.S. 436 (1986) 6. Weatherford v. Bursey, 429 U.S. 545 (1977) 7. Weatherford v. Bursey, 429 U.S. 545 (1977) 8. Roviaro v. United States, 364 U.S. 53 (1957) 9. United States v. Russell, 411 U.S. 423 (1973) 10. United States v. Russell, 411 U.S. 423 (1973) NOTE 6-Ann 7 Asset Forfeiture Federal or state law may permit the seizure for forfeiture of property connected with criminal ac- tivities, such as violations of drug laws. Typically, such laws permit seizure for forfei- ture if there is probable cause (20) to believe that the property has been used to facilitate specified criminal activity, is the proceeds of such activity, or is contraband and unlawfully possessed. Prop- erty seized initially as evidence of a crime may later be subject to forfeiture if the conditions for forfeiture are met. The procedure for forfeiture may be part of a criminal prosecution, or it may be an independent civil action or administrative procedure against the property itself. Special rules apply. Consult your legal adviser. See also: Property Subject to Seizure (21). 99 ASSET FORFEITURE TABLE OF CASES Abel v. United States, 362 U.S. 217 (1960), 54 Arizona v. Hicks, 480 U.S. 321 (1987), 35 Berkemer v. McCarty, 468 U.S. 420 (1984), 86 Bond v. United States, _ U.S. ,120 S.Ct. 1462 (2000), 6 Burdeau v. McDowell, 256 U.S. 465 (1921), 90 California v. Acevedo, 500 U.S. 565 (1991), 50 California v. Ciraolo, 476 U.S. 207 (1986), 36 California v. Greenwood, 486 U.S. 35 (1988), 55 California v. Hodari D., 499 U.S. 621 (1991), 3, 10, 73 Chambers v. Maroney, 399 U.S. 42 (1970), 50 Chimel v. California, 395 U.S. 752 (1969), 15 Colorado v. Bertine, 479 U.S. 367 (1987), 43 Colorado v. Connelly, 479 U.S. 157 (1986), 74 Colorado v. Spring, 479 U.S. 564 (1987), 79 County of Riverside v. McLaughlin, 500 U.S. 44 (1991), 11 Culombe v. Connecticut, 367 U.S. 568 (1961), 74 Cupp v. Murphy, 412 U.S. 291 (1979), 45 Davis v. United States, 512 U.S. 452 (1994), 81 Delaware v. Prouse, 440 U.S. 648 (1979), 8 100 TABLE OF CASES Dow Chemical Co. v. United States, 476 U.S. 227 (1986), 36 Draper v. United States, 358 U.S. 307 (1959), 11, 20 Edwards v. Arizona, 451 U.S. 477 (1981), 82 Florida v. J.L., _ U.S. 120 S.Ct. 1375 (2000), 4 Florida v. Royer, 460 U.S. 491 (1983), 3, 4, 73 Florida v. Wells, 495 U.S. 1 (1990), 43 Florida v. White, 526 U.S. 559 (1999), 21 Griffin v. Wisconsin, 483 U.S. 868 (1987), 47 Haynes v. Washington, 373 U.S. 503 (1963), 74 Hester v. United States, 265 U.S. 57 (1924), 22 Horton v. California, 496 U.S. 128 (1990), 27, 35 Illinois v. Andreas, 463 U.S. 765 (1983), 56 Illinois v. Gates, 462 U.S. 213 (1983), 20, 23 Illinois v. Lafayette, 462 U.S. 640 (1983), 41 Illinois v. Perkins, 496 U.S. 292 (1990), 84 Illinois v. Rodriguez, 497 U.S. 177 (1990), 32 Illinois v. Wardlow, U.S. ,120 S.Ct. 673 (2000), 4 Katz v. United States, 389 U.S. 347 (1967), 36 Ker v. California, 374 U.S. 23 (1963), 26 Kirby v. Illinois, 406 U.S. 682 (1972), 67, 68, 87 Knowles v. Iowa, 525 U.S. 113 (1998), 51 Kuhlmann v. Wilson, 477 U.S. 436 (1986), 87, 94 101 TABLE OF CASES Lewis v. United States, 385 U.S. 206 (1966), 92, 93 Marron v. United States, 275 U.S. 192 (1927), 24 Maryland v. Buie, 494 U.S. 325 (1990), 29 Maryland v. Dyson, 527 U.S. 465 (1999), 50 Maryland v. Wilson, 519 U.S. 408 (1997), 8 Massiah v. United States, 377 U.S. 201 (1964), 87 McNeil v. Wisconsin, 501 U.S. 171 (1991), 87 Michigan v. Clifford, 464 U.S. 287 (1984), 30 Michigan v. Jackson, 475 U.S. 625 (1986), 30, 88 Michigan v. Long, 463 U.S. 1032 (1983), 8 Michigan v. Mosley, 423 U.S. 96 (1975), 82 Michigan v. Summers, 452 U.S. 692 (1981), 28 Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990), 8 Miller v. United States, 357 U.S. 301 (1958), 25 Minnesota v. Dickerson, 508 U.S. 366 (1993), 7 Miranda v. Arizona, 384 U.S. 436 (1966), 76, 78, 80, 82 Moran v. Burbine, 475 U.S. 412 (1986), 79 Neil v. Biggers, 409 U.S. 188 (1972), 61 New York v. Belton, 453 U.S. 454 (1981), 51 New York v. Burger, 482 U.S. 691 (1987), 39 New York v. Quarles, 467 U.S. 649 (1984), 85 Ohio v. Robinette, 519 U.S. 33, (1997), 34 102 TABLE OF CASES Oliver v. United States, 466 U.S. 170 (1984), 22 Oregon v. Bradshaw, 462 U.S. 1039 (1983), 82 Orozco v. Texas, 394 U.S. 324 (1969),10, 76 Patterson v. Illinois, 487 U.S. 285 (1988), 88 Payton v. New York, 445 U.S. 573 (1980), 13 Pennsylvania v. Mimms, 434 U.S. 106 (1977), 8 Pennsylvania v. Muniz, 496 U.S. 582 (1990), 76 Rhode Island v. Innis, 446 U.S. 291 (1980), 76 Richards v. Wisconsin, 520 U.S. 385, (1997), 26 Roviaro v. United States, 364 U.S. 53 (1957), 96 Schmerber v. California, 384 U.S. 757 (1966), 40, 42, 45 Schneckloth v. Bustamonte, 412 U.S. 218 (1973), 34 Simmons v. United States, 390 U.S. 377 (1968), 70 Smith v. Maryland, 442 U.S. 735 (1979), 59 South Dakota v. Opperman, 428 U.S. 364 (1976), 52 Spano v. New York, 360 U.S. 315 (1959), 74 Stansbury v. California, 511 U.S. 318 (1994), 76 Steagald v. United States, 451 U.S. 204 (1981), 13 Stoner v. California, 376 U.S. 483 (1964), 22 Stovall v. Demo, 388 U.S. 293 (1967), 61 Tennessee v. Garner, 471 U.S. 1 (1985), 14 Terry v. Ohio, 392 U.S. 1 (1968), 2, 4, 7 IN !I qffr 103 United States v. Chadwick, 433 U.S. 1 (1977), 15, 44, 53 United States v. Dionisio, 410 U.S. 1 (1973), 40, 65 United States v. Dunn, 480 U.S. 294 (1987), 22 United States v. Edwards, 415 U.S. 800 (1974), 41,44 United States v. Jacobsen, 466 U.S. 109 (1984), 56 United States v. Johns, 469 U.S. 478 (1985), 50 United States v. Karo, 468 U.S. 705 (1984), 59 United States v. Knotts, 460 U.S. 276 (1983), 59 United States v. Leon, 468 U.S. 897 (1984), 27 United States v. Mara, 410 U.S. 19 (1973), 40 United States v. Matlock, 415 U.S. 164 (1974), 32, 33 United States v. Place, 462 U.S. 696 (1983), 3, 6 United States v. Ramirez, 523 U.S. 65 (1998), 26 United States v. Ross, 456 U.S. 798 (1982), 50 United States v. Russell, 411 U.S. 423 (1973), 97 United States v. Wade, 388 U.S. 218 (1967), 61, 65, 66, 68 United States v. White, 401 U.S. 745 (1971), 58, 93 Warden v. Hayden, 387 U.S. 294 (1967), 21, 37, 38 Weatherford v. Bursey, 429 U.S. 545 (1977), 95 Whren v. United States, 517 U.S. 806 (1996), 11 Wilson v. Arkansas, 514 U.S. 927 (1995), 13, 25, 26 104 TABLE OF CASES Wilson v. Layne, 526 U.S. 603 (1999), 26 Wyoming v. Houghton, 526 U.S. 295 (1999), 50 Ybarra v. Illinois, 444 U.S. 85 (1979), 28 18 U.S.C. §§ 2510-3521, 58 18 U.S.C. §§ 3121-2126, 59 105 TABLE OF CASES EAGAN TOWNSHIP NOTICE TO APPEAR VIOLATORI DRIVER ❑ NON•ORIVER O DATE O► BIRTH STREET OR RFO DL. CH. L. LICENSE NO. C. Tr AND STATE STATE ow NER (IF NOT VIOLATOR DATE OF OFFENSE ADDRESS TIME WEATHER .00ATION OF VIOLATION NO ^ ^ ORD NO. IOLATION SEC. VIOLATION CHARGED MAK( OI VEHICLE STYLE LICENSE NO. STATE TOU ARE HEREBY NOTIFIED TO AI►EAR BEFORE MAGISTRATE OF MINN. LOCATED AT ON A.M. O I• AT I. M. ISSUED •Y OFFICER BADGE NO. DO HERESY PROMISE TO APFCAR BEFORE THE ABOVE NAMED MAGISTRATE AT THE TIME AND ►LACE INDICATED. SIGNED X REPORT OF CASE EAGAN TOWNSHIP NOTICE TO APPEAR VIOLATOR. ORIV[R ❑ NON.DRIV[R O DATE OF BIRTH STREET OR RFD LICENSE NO. Dl. CH. L. CITY AND STATE STATE DwNER IIF NOT VIOLATOR) DATE OF OFFENSE ADDRESS TIME I WEATHER LOCATION OF VIOLATION NY - - - 833 D RD. NO. VIOLATION SEC. VIOLATION CHARGED MAKE Or VENICLE STYLE I LICENSE NO. YOU ARE HEREBY NOTIFIED TO APPEAR BEFORE MAGISTRATE OF MINN. LOCATED AT ON ID AT A.M. ❑ F. M.D $$ULO Br OFFICER BADGE NO. I DO HCUCIY PROMISE TO APPEAR BEFORE THE ABOVE NAMED MAGI AT TNC TIME AND PLACE INDICATED. SIGNED X REPORT OF CASE OWNER'S MAN UAL "'TX TABLE OF CONTENTS Page Technical Specifications 1 Introduction 2 Pre -operating Instructions 3 How to Use Pre -Programmed Frequencies 4 Keyboard Definition & Uses 6 Program Keys (0-9); Auto, Step, Skip, Pause, Action, Control, Seek Display and Channel LED Features 8 How to Program Frequencies 8 Battery Needs and Installation 9 Mobile Installation and Porta-Pac 11 External Antenna 11 Summary 12 If Your Unit Fails to Operate 12 Pre -Programmed Frequency List 13 Special Note 14 Notes 16 TECHNICAL SPECIFICATIONS SIZE: WEIGHT: CABINET: POWER: ANTENNA: RF SENSITIVITY: FREQUENCY COVERAGE: SCAN RATE: AUDIO OUTPUT: FRONT PANEL: CHANNEL CAPACITY: ACTION: PAUSE: SKIP: SEEK: REAR APRON CONNECTORS: MEMORY RETENTION: 6-1/2' Wx1-5//" H x 9" D 1.5 Lbs. Molded Thermoplastic 12.5 VDC, 4 W Telescoping (supplied). Connector provided for external antenna (50-70 ohms) 0.5 µv 32-50 mhz 0.5 µv 144-174 mhz 1.0 µv 420-511 mhz (± 5 KHZ deviation 12 db SINAD) Low Band Amateur High Band UHF Band UHF-T Band — 30-50 MHz — 144-148 MHz —148-174 MHz — 420-470 MHZ — 470-511.9875 MHZ 10 channels per second 2 watts rms, 8 ohms, 10% THD (max.) Volume (on/off) Keyboard Squelch Channel LED's (10) Display 10 channels programmable; 60 channels pre-programmed Samples Channel 1 every 2 seconds 2 seconds (selectable) Any combination of channels (selectable) Seeks out unknown frequencies within any one continuous frequency band. Semi -automatic seeking capabilities. 12 VDC; external antenna; external speaker/earphone jack One-9 Volt battery (supplied) 1 'ErPe INTRODUCTION Welcome to the world of listening to the Public Service Bands! Some exciting and interesting listening is soon to come your way by monitoring such Public Service Bands as: Fire, Police, Mobile Telephone, Press, Weather, Emergency, Government, Forestry, Marine, Rescue — and many others! Your FOX BMP 10/60 Scanner has been designed through the magic of micro- processors to monitor most of the Public Service Frequencies to bring you this listen- ing pleasure. It has also been designed with YOU, the consumer, in mind. We have endeavored to make the BMP 10/60 the easiest to operate and understand program- mable scanner on the market today. In addi- tion to making it easy to operate, we've in- cluded the key features normally found on other scanning monitors. Enjoy your new FOX BMP 10/60.... it's been designed for you! 2 PRE -OPERATING INSTRUCTIONS 1. After unpacking your unit from its carton, check your Scan- ner for any shipping damage. If damage has occurred, con- tact your Dealer immediately. 2. Install the 9 Volt battery (supplied) into the rear of your Scanner. See page 10 for installation instructions. 3. Plug the wall power converter (supplied) into a standard 110 V AC outlet. Connect the power plug from the converter to the 12 VDC jack on the rear panel of your Scanner. 4. Rotate the antenna on the rear panel to an upright position and extend it fully. 5. Turn the Scanner on by turning the ® knob clockwise ap- proximately 1/2 of a turn. 6. Your FOX Scanner has been pre-programmed with the National Weather Frequencies (NOAA). If you are within range of one of these stations, your Scanner will "stop" and broadcast the weather. This was done so you will immediately know that your Scanner is functioning properly. 7. If you do not receive a weather transmission, it does not necessarily mean your FOX Scanner is not operating. You may be too far from a weather station, or perhaps your squelch contr is not set properly. To set the squelch con- trol, turn the sQ knob counterclockwise until you hear a "hissing" noise, hen turn the knob clockwise until the "hissing" noise stops. Your squelch is now properly set. 8. You are now ready to program frequencies into your Scan- ner, or listen to the pre-programmed frequencies. 3 HOW TO USE PRE-PROGRAMMED FREQUENCIES Since your FOX BMP 10/60 Scanner was designed for ease of use by pre-programming the "Hottest" frequencies we could find, let's cover that feature first. This way, you can enjoy listening to your Scanner as you learn to operate its other features. Your FOX BMP 10/60 Scanner has been pre-programmed with "Hot" action frequenciesand will receive the following: POLICE (1) 10 police frequencies POLICE (2) 10 police frequencies FIRE 10 fire frequencies MARINE/WEATHER 10 marine/weather frequencies MOBILE PH (1) 10 mobile telephone frequencies MOBILE PH (2) 10 mobile telephone frequencies UHF Band VHF Band VHF Band VHF Band VHF Band VHF Band (See Page 13 for a complete list of the pre-programmed fre- quencies.) To scan the pre-programmed frequencies, do the following: Press and Hold: Control Until you hear one long and two short confirming "beeps" and "PR" is in the display window. Next, select which of the pre-programmed frequencies you wish to scan. For instance, if you wish to scan the pre- programmed Fire frequencies. Press 3 Fire You're now scanning the fire frequencies. 4 Let's say you wish to change from scanning the Fire frequen- cies to scanning the UHF Police frequencies. Simply do the following: Press and Hold: Press: Control 1 Police 1 Until you hear one long and two short confirming "beeps" and "PR" is in the display window. Next... You're now scanning the pre-programmed UHF Police frequencies. To change to any of the other pre-programmed frequencies, simply repeat the above procedures. 5 KEYBOARD DEFINITIONS AND USES 6 ( PAUSE ) irn 1 1►_I11,1=111 -{ ACTION -( CONTROL ( SKIP 0 0 © 0 ENT SEEK 0 4 Marine/IN 1 Police 1 MOBTel .•1 2 Police 2 MOB6Tel.-2 3 • Fire AUTO © 0 STEP l 1. PROGRAM KEYS The numeric keys "0" thru "9" and decimal point "." are used to pro • ram the frequencies into your Scanner. p ® stores frequen- cies into the 10 channe s for scanning. OPERATION KEYS Work in both the "normal" and pre - (KEYS 4, 5, 6, 7) programmed modes. 2. AUTO Starts scanner automatically scanning. 3. STEP Stops scan and allows you to manually step through all 10 channels. 4. SKIP Selectively locks out unwanted channels without erasing them from the Scanner's memory. Can be re -activated when desired. To activate skip, "step" to the channel you desire to skip and press: ISKIP.I Scanner will now "skip" this channel when automatically scanning. To de -activate skip, "step" to the "skipped" chan- nel and press ISKIPI again. Skip is now de- activated for that channel. 5. PAUSE Delays the automatic scanning process 2 seconds after the end of a transmission to allow listener to hear reply. To activate Pause, "step" to the channel you desire to pause at and press PAUSE. Scanner will now "pause" at this channel for 2 seconds after the end of a transmission. To de -activate pause, "step" to the "paused" channel and press PAUSE again. Pause is now de -activated for that channel. 6. ACTION Samples Channel 1 every 2 seconds and automatically switches to channel 1 when there is a transmission. To activate action, Press: ACTION while Scanner is in auto mode. To de -activate action, press: ACTION, again. 7. CONTROL Places the Scanner into a "program" mode, allowing the user to program in frequencies of their choice. Also, when held down, places the Scanner into the "PR" mode, or pre- programmed mode to allow the user to select any of the pre-programmed frequencies. TO GO FROM THE PRE-PROGRAMMED MODE TO THE "NORMAL" MODE; PRESS AND HOLD: PRESS: 8. ENT SEEK Allows user to enter frequency of their choice. In addition, by pressing and holding down , Scanner will seek upwards, looking for ac- tive frequencies. A second depression and holding of the SEEK key will cause the scanner to SEEK downwards. The scanner seeks in 5.0 KHZ steps in the low and VHF bands, and 12.5 KHZ steps in UHF. CONTROL Then 0 — until you hear one long and two short confirm- ing "beeps" and PR is in the display window. ISEEK You are now in the "normal" mode and scanning the frequen- cies you previously pro- grammed into the Scanner. For example — to seek upwards from 162.550, do the following: PRESS: STEP then CONTROL ENTER: E6[200C1O50❑ PRESS AND HOLD: wards. SEEK (one beep) — Scanner will seek up - To reverse direction: Let up on SEEK momentarily and press again. Scanner is now seeking downwards. SEEK 7 DISPLAY AND CHANNEL LED FEATURES The display consists of 7 digits which indicate the programmed frequencies that are stored in the memory bands and the com- mands from the keyboard. The LED's on the front of the Scan- ner show which channel is being received or scanned. Example: If 460.150 was entered into the keyboard, the following would be illustrated in the display window: tarn 1 1� 1 1 The first digit (;) illustrates which of the three optional features of Control, Skip, and Pause are activated. They are illustrated as follows: (;) Channel is in Skip mode (;) Scanner is in Control mode ( _; ) Channel is in Pause mode ( _; ) All 3 modes are activated the 460.150 indicates the frequency that was just entered. PROGRAMMING FREQUENCIES 8 You can program your Scanner to scan any 10 frequencies you choose. First, you must make sure your Scanner is in the "normal" mode. Do this by pressing and holding until "PR" is displayed in the window. Next, touch "0". You are now in the normal mode and ready to enter your own selection of frequencies. (See page 7, step #7 for more detail- ed explanation.) To do this, first press: STEP and step to the channel you wish to enter the frequency on. Next, press: CONTROL once. Do not wait for the double beep. (If you press CONTROL too long and get the double beep and the "PR" in the display; press "0" and start again.) The first digit in the display should appear like this: CONTROL (; ). This indicates the Scanner is ready to be programmed. Now enter the desired frequency. (For example, 460.150. PRESS: ®6 0 1❑ 0 as EK and the frequency is now stored in your Scanner on the c annel you selected. 1 ►s►'►1 I►-11 ► 1 ►_I ►_► . ► 1 1 ► ACTION SKIP ) CONTROL PAUSE ENT SEEK 4 l 5 1/4. • 6 ne wJ `MOB Tel.-1, ,MOB Tel.-2 1 2 ` Police 1 / . Police 2 , t J If you attempt to program a frequency that is outside the tuning range of the Scanner, the word ERROR appears on the display. If this happens, simply enter a new frequency. If you make a mistake programming a frequency or a chan- nel, just press "Control" and program the correct frequency. BATTERY Your Scanner comes supplied with a 9-Volt battery. It is recommended that this battery be installed before you start programming and while the set is unplugged. The battery provides power for the memory in the event of a power failure or when the power cord is unplugged. While unplugg- ed, the battery provides power to the memory for about one week. While the receiver is plugged into a 12VDC power source, the battery is not losing its charge, and the memory is ac- tivated by the power supply. 9 BATTERY INSTALLATION The rear panel battery compartment cover is located under the telescoping antenna and is held in place with one screw. Remove the screw and cover, and pull the battery clip from the compartment. Connect the clip to the battery and slide the battery back into the compartment. Reassemble the cover and secure it with the screw. A partial list of available battery replacements are: Alkaline Batteries: Eveready #522DB Panasonic #6AM6 Mallory #1 MN 1604 Heavy Duty Batteries: Eveready #222 Burgess #2MH 6 10 MOBILE INSTALLATION An optional mobile mounting bracket is available at your dealer for mounting into a mobile vehicle such as a camper, car, truck, or boat. NOTE: Some states prohibit the use of Scanner monitors in mobile applications. Be sure and check local laws. All hardware and wiring is supplied for mounting. The bracket is also designed for quick in and out con- venience — taking no more than a few seconds to insert or remove your Scanner from the mobile mount. PORTA-PAC An optional Porta-Pac is also available from your dealer. This is a battery pack that allows the FOX BMP 10/60 Scanner to be operated from battery power and carried anywhere! EXTERNAL ANTENNA The telescoping antenna on your FOX Scanner will normally provide exceptional signals. For weak areas however, you may use an external antenna. Coaxial cable is necessary and RG-58U is recommended. In addition, your FOX is equipped with an automotive type external antenna jack. 11 IN SUMMARY • If you forget some of the things covered in this manual, simply refer to the bottom of your FOX Scanner where there is a brief description of how to use the key features. • Never turn the radio off by pulling the AC cord from the wall socket. Always turn the ON/OFF volume control OFF first, then disconnect the power transformer from the wall. If the radio is to be left disconnected for more than a few hours, the 9 Volt battery should be removed to preserve it. • If memory is lost, check your 9 Volt battery. If the battery is dead, simply replace it with a fresh 9 Volt battery, and then reprogram the scanner. IF YOUR UNIT FAILS TO OPERATE PROPERLY • Re -read operating instructions. • Be sure the Scanner is plugged into a working AC outlet. • Is it turned on? • Check that the antenna is fully extended. • If memory is lost after a power failure, check for dead bat- tery. • If ERROR appears in readout, you have entered an invalid frequency. • If you determine your Scanner requires servicing, refer to the warranty instructions enclosed with your unit for the proper repair facility. • Pack the unit carefully, preferably in its original packing carton, and include a brief, concise description of the pro- blem. Also be sure to enclose your name, address, and phone number. 12 LISTING OF PRE-PROGRAMMED SERVICE AGENCIES CH# Police 1 Police 2 Fire 1. 460.100 155.475 154.130 2. 460.150 155.340 154.190 3. 460.200 155.370 154.220 4. 460.250 155.430 154.250 5. 460.275 155.490 154.280 6. 460.300 155.520 154.310 7. 460.325 155.670 154.370 8. 460.400 155.730 154.400 9. 460.425 155.760 154.415 10. 460.500 155.835 154.430 CH# Marine/Weather Mobile Tel. 1 Mobile Tel. 2 1. 156.800 151.985 152.570 2. 156.300 152.030 152.600 3. 156.500 152.060 152.630 4. 156.650 152.090 152.660 5. 156.700 152.120 152.670 6. 161.900 152.180 152.690 7. 162.000 152.210 152.720 8. 162.400 152.240 152.750 9. 162.475 152.510 152.780 10. 162.550 152.540 152.810 13 SPECIAL NOTE The integrated circuit that operates this until is tested and guaranteed to withstand temperatures of 140° F (60° C). Direct sunlight, particularly in an enclosed vehicle, should be avoided. Direct sunlight, on a hot day, could melt or distort some of the components. Should the unit fail to operate when the temperature has ex- ceeded 140° F (60° C), merely cool the unit to a temperature lower than 140° F and it should become operational again. 14 LIMITED WARRANTY (TWO PART) NEVADA FOX, INC. warrants this product against defects in workmanship and material under a two-part LIMITED WARRANTY. This warranty does not apply if the product shows evidence of tampering, abuse, or improper installation. 90 DAY PERIOD FROM DATE OF PURCHASE: Repair under this warranty will be free of charge for the first 90 days from date of purchase, provided: 1. The enclosed warranty card has been completed and returned within (10) days of purchase. 2. $5.00 is included for handling costs. 3. The product is returned within 90 days of purchase. ONE (1) YEAR PERIOD FROM DATE OF PURCHASE: Under this warranty, repair will also be provided for products not returned within the 90 clays from date of purchase fora charge of S20.00 provided: 1. The enclosed warranty card has been completed and returned within (10) clays of purchase. 2. The product is returned within one (1) year of the date of purchase. THE WARRANTY IS STRICTLY LIMITED TO REPAIR OR REPLACEMENT OF THIS PRODUCT AT OUR OPTION. NEVADA FOX, INC. ASSUMES NO LIABILITY IN CONNECTION WITH THE SALE OF THIS PRODUCT BEYOND THAT SPECIFICALLY PROVIDED ABOVE. IN NO EVENT SHALL NEVADA FOX, INC. BE LIABLE FOR ANY CONSE- QUENTIAL DAMAGES. THIS WARRANTY IS IN LIEU OF ALL OTHER WAR- RANTIES EXPRESSED OR IMPLIED, AND NO REPRESENTATIVE OR PER- SON IS AUTHORIZED TO ASSUME FOR ANY OTHER LIABILITY IN CONNEC- TION WITH THE SALE OF THIS PRODUCT. SERVICE: For service, the product should be returned freight prepaid to the Service Center nearest you: NEVADA FOX, INC. NEVADA FOX, INC. 5727 WEBSTER STREET 401 EAST SUNSET ROAD DAYTON, OHIO 45414 HENDERSON, NEVADA 89015 Be sure to enclose proof of purchase (sales slip, etc.) and a note describing the difficulties being encountered. ENCLOSE: $5.00 for charges within 90 days of date of purchase, or 520.00 for charges within one (1) year of date of purchase. If the product has been subjected to abuse, tampering, improper operation or is not within the one (1) year period, return the unit with a request for a service charge estimate. An estimate will be provided for approval and advance payment. 15 'Itite NOTES CH 16 SERVICE 2. 5. 6. 9. 10. FREQUENCY SERVICE 1 2 3. 4 5 6. 7 8 9 FREQUENCY 10 17 MANUFACTURED BY: Nevada Fox, Inc. 401 East Sunset Road Henderson, Nevada 89015 #277-881-10 Because I live, you also will live. MOUNT CALVARY LUTHERAN CHURCH 3930 Rahn Road Eagan, Minnesota 55122 THE BURIAL OF THE DEAD Laurel Larson February 7th, 1994 **************************************************** Prelude Blessing from the God of Consolation Page 206 Processional Hymn "Oh Holy Spirit, Enter In" No. 459 Prayer of the Day Page 207 Psalm 23 Page 225 Poem written by Kristy Larson, daughter read by Linda Bendt Solo "The Wind Beneath My Wings" Kate Lachenmayer Scripture Reading Revelation 21:2-7 Hymn "Lord, Take My Hand..." No. 333 Sermon Hymn "In Heaven Above" Creed Prayers The Lord's Prayer Commendation Recessional Postlude No. 330 Page 209 Page 209 Page 209 Page 211 *************************************************** The Committal will be at Fort Snelling. The Larson Family invites all relatives and friends to join them for coffee and lunch in the church basement following the committal service. So Hard to Say Goodby by: Kristy Larson Nature Takes its devastating course. I am overwhelmed The Devil's teeth sink into my mother A wicked disease tears through her body she resists - until The villain makes its way to her golden heart - she's giving up now ... It is time to say goodbye. Like sands through an hour glass she is slipping away, we are being torn from each other Do not ever forget that I will always love you, my caring mother Like a candle flame that slowly flickers awa1 Today. Tomorrow. Away . Her name and memory are permanently engraved in my heart. I am not prepared for the day you depart. A black curtain drapes over my sun filled days I will always miss her, and her loveable ways So many things we will miss I dread the day of her last kiss. 67)::(Lr. ,mcfkc)._ cstiA apcti -11r\CLCk. -k--\\th rr\-1/4:t JAC-Q. a I,o 1?_QA,cH e,9a3,a//knze 44 4v&Aecz.e/l~mwol gaud Sap094veil,ahr KEITH M. MERRICK CO.. INC. PRINTED IN THE USA NO D15I el CC��'"p X,eaar Aze a , /pG O�ZIiI /Co ,i�i�l� ove l �OCL./lCllIln.0e f /Uffee elL CJZUn rztin, waout 40r7 ote 9eace & , ota yaf%n �ut Lo€./%(f um. eei eft/reznfalor clay 'wli%war/7. cY72Zee/oro,, .41-tizCO Ens adn y" om dove In Loving Memory of LAUREL J. LARSON Born: September 3, 1948 Died: February 2, 1994 Age: 45 Years Services Mount Calvary Lutheran Church 3930 Rahn Road Eagan, Minnesota Monday February 7, 1994 11:00 a.m. Officiating Clergymen Rev. Philip Hiede Rev. Robert Kriesel Casketbearers Reed Hans Jeff Carr Tim Schaffer Honorary Dale Bolin Jim Adams Jeff Blaschke Jeff Enright Greg Diebel Casketbearers John Hans, Jr. Alan Enright Interment Fort Snelling National Cemetery Arrangements J. S. Klecatsky & Sons Funeral Home 1580 Century Point Eagan, Minnesota 5ctrt 6ury e3/ cl�1 In the Community, With the Community, For the Co, Coyotes FROM PAGE 1 "Cats need to be inside," said Grimm. "Small dogs should not be tied up out- side." Coyotes have not been pushed out by suburban development, said Grimm, because they don't need much to survive in the wild. 'All they need is a food source and a place to hide," she said. With a lot of green space and proximity to Fort Snelling State Park and Lebanon Hills Regional Park, coyotes have plenty of places to carouse in Eagan. Although smaller pets are in danger of attacks, coyotes pose little danger to humans. The animals are timid by nature and usually flee when noticed by people or larg- er animals. "Minnesota hasn't ever seen a coyote attack on a person," said Grimm, citing data from the Minnesota Department of Natural Resources. Coyotes don't usually travel in packs, said Grimm, but the season may have had something to do with why there were two involved in the most recent attack. "This is the breeding season, so it's a little more common for them to travel in pairs," she said. Grimm said pets, especially smaller ones, should be supervised at all times. Specific caution should be used when walking a pet in a wooded or brushy area. The Police Department also has a number of other tips to discourage coy- otes from making frequent visits to resi- dential areas: • Keep garbage properly contained. • Do not feed pets outdoors. • Remove bird feeders, as coyotes are attracted to both birds and birdseed. • Remove standing water sources. • Pick up fallen fruit from trees. Residents are asked not to take their pets' safety into their own hands, as city ordinance prohibits the shooting or trapping of wildlife in most circum- stances. State law also prohibits poison- ing of all animals. Residents are asked to call 911 if an animal is posing a threat to public safety or a pet. For more information on coyotes, residents can visit www.cityofeagan.com/police and click on animal control. Visit mnSun.com for videos. more photos and daily news updates SUN Police: Keep small pets safe from coyotes Pair of coyotes recently killed a dog that was also attacked last year GRANT BOELTER • SUN NEWSPAPERS Coyotes have long been familiar to Eagan, but a recent incident has the city's animal control officers reminding residents to keep an eye on small pets, as they're prone to attacks. A resident on Northview Terrace reported March 4 that her miniature Pinscher had been attacked by two coyotes in her backyard. The dog had to be put to sleep because of the seri- ousness of the wounds from the attack. Animal Control Officer Karen Grimm said the dog had also been attacked once last year by a coyote, but survived. The attack occurred in a partially -fenced backyard near Patrick Eagan Park, which offers a wild habitat for coyotes. Grimm said the March 4 attack was the first on record in several years to result in a death of a pet. However, she said it's important for owners of small pets to know the dangers coyotes pose to their pets. Idminnesota.orn MENT MONEY $ zz (treat section Soffit fascia Visit mnSun.com for videos, more photos and Eagan news updates COYOTES: TO PAGE 15 Larson / `' Laurel J. (nee Boander), age 45 on Feb 2, res Eagan. Beloved wife of Rick; dear mother of Lisa, Heather and Kristy; dear daughter of Helen Boander, Mpls. Preceded in death by her father Henry C. Boander. Daughter in-law of Elaine Larson, Vadnais Hts; also survived by aunts, uncles, cousins & friends. Funeral service Monday, 11:00am at MOUNT CALVARY LU- THERAN CHURCH, 3930 Rahn Rd, Eagan. Visita- tion Sunday 5-8pm at J.S. KLECATSKY & SONS FUNERAL HOME, Yankee Doodle & Coachman Rd, Eagan and Monday 10-11:00am at the church. Interment Ft Snelling Nat'l Ceme- tery. Laurel was an em- ployee of the Eagan Po- lice Dept. In lieu of flowers, memorials pre- ferred to the Laurel Lar- son Memonal Fund. 454-9488 Lori Tripp is RetiriflFos\ After 32 1/2 years, 'Detect,ve' Lary Tripp i ret rbmk froin'the Ec cja-w Pa- Depaurtmev tt. Yaw aver £Xwitedi to- the/ celobratro-w Thu,rsclay, May 31, 2012 4: 3 o p. m . (pro -gram/ will/ start at 6:00) Lo-t spur Co-u rse' 2750 S%b-Ley 1 f 1#/way (ijh way 13), Ec ww, MN There'w be'aliAtutter buffet a4/td. ca4-k b-aw. Plea4e RSVP to -Katy janow at kjoyt c i y . co-vvi or 651-6 75 -5802 by May 18, 2012 Sup ted/cLanatio-w - $10.00 payable, 3830 P t- Kvw�r 2aa.di, Ectw v, MN 55122 To: All Law Enforcement Agencies, Friends, and Family of Pete Poppler. Pete Poppler is retiring after 27 1/2 years of service to the Eagan Police Department. You are invited to attend an Open House in his honor. WHEN: Friday February 18, 1994 1:00pm to 5:OOpm ROAST at 3:00 pm, WHERE: Eagan City Hall Council Chambers COST: $10.00 per person to cover a light buffet and a monetary gift for Pete. (So he can buy a new boat cushion for his prized fishing dinghy.) Please make check payable to Linda Myhre and drop off or mail to: Eagan Police Department Attn: Linda Myhre 3830 Pilot Knob Road Eagan, MN 55122 The deadline is 2/11/94. Thanks, and see you there! a(... &A,J 8 J V J X { J YA YY Y& tt)4 JR 8W JU AAR ! Jam. all t , ea a in, Y3.2. 5)Wit, u t,IAA, 16, cv-iiaiu mar, uvr y Get cityrinx, anet -.Jm.e.r . Wit42/7,42..'r in, a 4.4.6,e, 1 143 51,ua y, 12/k 6: 30 IL. -rrt;. We, a/742, tt,Ian iruin.y, a X cvyria, cr! aired Wi ru2 u . 33,any r nxii: Yount iCIA}-014.42, H c1164,ciun , w ) 4/7 V('e er Xa r43,71✓, JiI csm 'crnvn, ` `� c_ ixtv-e, ,Q4,14.4svrvA, ;��. 4 CITY OF EAGAN POSITION WRITE UP POSITION TITLE: MANAGER OF SUPPORT SERVICES DEPARTMENT: POLICE REPORTS TO: CHIEF OF POLICE POSITION SUMMARY: To be responsible for the efficient operation of the Dispatch Center and the General Office area, including the supervision of dispatch and clerical personnel and responsibility for the operation of all equipment in those areas, including but not limited to the radio system and the department computers. MAJOR JOB FUNCTIONS: 1. Performs a variety of supervisory tasks involving clerical and dispatcher personnel, including work assignments and handling of personnel issues concerning schedules, performance evaluations, and disciplinary matters. 2. Reviews Position Applications for applicants for police dispatcher and clerical positions and, along with the Director of Personnel, interviews the job applicants and selects qualified personnel. 3 Determines and recommends long range equipment and furniture needs for the department. 4. Maintains the department inventory of office supplies, equipment and forms, including the ordering of supplies, forms and equipment as well as arranging for the repair or replacement of obsolete or malfunctioning equipment. This includes meeting with sales persons and representatives of service companies. 5. Prepares and monitors the Support Services portion of the department budget. 6. Assumes accounting and cash control responsibilities for departmental operation, excluding the expenses related to department vehicles. 7. Monitors the operation of the radio system and maintains records on same and requests repairs and modifications that must be made to insure proper functioning of the radio system. This includes the radio system itself as well as the alarm board, the intercom system, the logger and other associated equipment. 8. Responsible for the department's compliance with all Data Privacy legislation. 9. Responsible for support staff training. 10. Serves as the department's Terminal Agency Coordinator (TAC) to the Bureau of Criminal Apprehension. 11. Attends training seminars and schools to improve knowledge and skills needed in job performance; i.e., TAC Seminar, Dispatcher Certification Class (test), APCO (Association of Public Communications Officers) meetings and conferences. 12. Services on City, County and State committees relating to department functions; i.e., City Telephone Committee, LOGIS User Group, Dakota County Dispatcher Training Committee, and 9-1-1 Committee. 13. Conducts Dispatcher/Clerical bi-monthly meetings. 14. Attends department meetings, including supervisory and bi- monthly staff meetings. 15. Prepares reports and correspondence by use of word processing. 16. Performs all other tasks assigned. DIRECTLY SUPERVISES: Lead Dispatcher, Dispatchers and all Clerical Personnel (total of 14) . MINIMUM QUALIFICATIONS: High School diploma or G.E.D. equivalent, with a minimum of five years' experience with a police department, and three years of supervisory or leadership experience. DESIRED QUALIFICATIONS: A four year college degree preferred. Preference will be given to candidates with experience in planning/implementation/usage of telecommunications systems, with technical knowledge of state of the art communications and computer techniques, with budgeting expertise, and with supervisory or leadership experience in a law enforcement environment. WORKING CONDITIONS: 90% OFFICE; 10% FIELD 08/23/89 1 NOVEMBER 1973 TO: Martin DesLauriers FROM: Virginia Knight SUBJECT: Job Duties, Skills, and Responsibilities - Secretary, I In my position as Secretary to the Chief of Police, I am responsible for the following: 1. The accurate maintenance of the department's records and files, which includes: a. The supervision and/or checking of the work done by the dispatchers and secretary II in regard to classifying information, typing reports, filing, and special assignments given to them by me. I review their work and point out to them the necessary corrections or improvements in their work. b. Preparing computer forms for all Part I and II police crimes (involving the use of one to three forms for each incident) to be entered into the UNISCOPE computer. c. Maintaining an alphabetical record of all arrests and dispositions of arrests. I obtain written reports from officers, as requested by Village Attorney George Hoey, for contested cases. Obtaining disposi- tions on cases often involves written correspondence and/or telephone calls to the Clerk of Court. Of course, after dispositions are received, the information must be placed on the individuals' name and subject cards as well as in the Arrest Book. d. Maintaining an accurate and up-to-date warrants file by working with the courts. A current list of warrants is kept as well as a card file. e. Maintaining a Petty Cash Account and approving minimal purchases. f. Maintaining uniform and equipment records for all officers and office per- sonnel, which includes posting all charges made by officers and maintaining an accurate balance of their allowance, and also shopping for and selecting uniforms for female office personnel (this last done on off -duty time). 4114 Martin DesLauriers -2- 1 NOVEMBER 1973 2. Taking dictation and typing correspondence for the Chief and Sergeants, including the typing of all confidential material; e.g., Confidential Evaluation Reports on personnel. 3. Meeting the public and handling their requests and inquiries and/or complaints either by talking to them personally or referring them to the Chief or other officer. 4. Screening incoming telephone calls on the 3900 business line and handling whatever inquiries I can before referring them to the Chief or other officers. 5. Reviewing and selecting news releases to be given to the newspapers and occasionally to the radio and T.V. stations. b. Screening all incoming correspondence and handling anything possible before giving it to the Chief or other officers; e.g., I reply to letters of commen- dation, job inquiries, records checks from the military and/or governmental units, make phone calls to expedite or handle correspondence, refer correspondence to other supervisors for handling in the absence of the Chief, and release to insurance companies and persons involved copies of Accident Reports and pertinent information from Investigation Reports. 7. Special assignments as designated by the Chief of Police or sergeants; such as: a. Searching female prisoners. b. Assisting in the handling of emotionally disturbed female subjects (e.g., Mrs. C., and accompanying the Chief to the hospital with a female patient for mental commitment). d. Other special assignments such as taking notes at a special out -of -the -office conference regarding an internal theft which the firm wanted handled in a confidential manner. 8. Evaluating the work performance of the dispatchers and secretary II and giving the Chief a verbal and/or written report. 9. Along with other supervisors, interviewing applicants for dispatching positions. 10. Assisting other supervisors in training all new dispatchers in the proper radio procedures. •• - Martin DesLauriers -3- 1 NOVEMBER 1973 11. Training all new dispatchers in our office procedures; i.e., proper classi- fication of all calls (according to an extensive state-wide Bureau of Criminal Apprehension system of filing), typing reports, use of proper forms, cross-reference files, juvenile and adult files, use of the UNISCOPE (including the basic formats necessary for obtaining information for the squads), and the use of other office machines. 12. Dispatching for a period of time each morning Monday through Friday (usually two hours three days a week and occasionally four hours two days a week) before assuming responsibilities of secretarial position. 13. Ordering all office supplies, including all forms used, citations, stationery supplies, and other sundry items. 14. Initiating "pyramid calls" to local merchants on bad checks (information usually picked up from the UNISCOPE). I hold a certificate dated May 7, 1971 for successfully completing the Uniform Police Reporting System seminar conducted by the BCA, and a certificate dated June 28, 1972 for successfully completing the Instruction Seminar on the Criminal Justice Reporting System conducted by the BCA. There are, of course, many other small daily tasks which I perform but I feel the above are the most pertinent. Virginia Knight Secretary I Revised 12/4/91 NAME Abram, Dale (Sue) Officer Anderson, Mike Officer Anselment, Steve (Sue) Officer Arendale, Caridad Officer (Charles) V Oper. Capt. v Aszmann, Ken (Donna) Bartel, Kathy (Dennis) Dispatcher Bendt, Linda (Duane) Secretary. EAGAN POLICE DEPARTMENT PERSONNEL ADDRESS 7520 Boyd Circle I.G.H., MN 55076 4686 Lenore Lane Eagan, MN 55122 STARTING PHONE # DATE 450-0509 687-9832 14225 Park Ave. So. 432-0711 Burnsville, MN 55337 1851 Covington Ln. Eagan, MN 55122 2945 Egan Ave. Eagan, MN 55121 456-5373 454-2607 PT-4/90 FT-6/90 FT-5/89 PT-8/87 FT-1/88 PT-4/90 FT-11/90 PT-8/66 FT-9/68 12808 Country View Ln. 882-1368 PT-9/82 Burnsville, MN 55337 2049 Flint Lane Eagan, MN 55122 Billmeyer, Larry (Mary) 825 Cliff Road Investigator Eagan, MN 55123 Bolks, Stefanie (Jeff) Officer Cheyne, Cyndy (David) Clerical Technician Conyers, Ken (Inga) Sergeant Dretzke, Judy C.S.O. Falk, Kathryn Dispatcher \d/Flategraff, Dispatcher yGeagan, Pat Chief Sandy (Terry) (Sue) 454-3018 454-3441 17200 Johanna Drive 440-7224 Prior Lake, MN 55372 817 Shortline Eagan, MN 55123 2024 Shale Ln. Eagan, MN 55122 688-0638 681-1649 5415 Audobon Avenue 455-4874 Inver Grove Heights, MN 4059 Geneva Ave.No. 777-5118 Oakdale, MN 55128 12015 Gantry Ln. Apple Valley, MN 1577B Baylor Ct. 452-4553 55124 PT-6/83 FT-2/87 PT-9/73 FT-4/74 PT-12/87 FT-2/88 FT-7/91 PT-8/74 FT-3/77 PT-7/86 FT-2/87 PT-1/91 PT-8/91 PT-4/82 BADGE # POST # 50 10674 45 10248 36 9323 10833 31 2891 3 2893 8 9778 14 2895 452-7215 PT-11/69 30 2897 Eagan, MN 55122 FT- 4/70 • NAME ilbertson, Kathleen Animal Control (Jim) Officer 4 Gjorvad, Karon (Ron) Dispatcher Gjorvad, Ron (Karon) Officer Gould, Lois (Gary) Dispatcher Gray, Kathy (Tim) Clerical Tech. Grimm, Steve (Cindi) Officer Gunderson, Brian Investigator (Karla) Heath, Scott (Judy) Officer ✓Ingerson, Nancy (Don) Dispatcher Jeska, Lou (Sandy) Investigator Johnson, Greg (Renate) Sergeant Johnson, Jeff (Rogine) Investigator Johnson, Trent (Lisa) Officer Jurgens, Bob (JoAnn) Officer Kasat, George (Helen) Officer Kirchgatter, Todd Officer ADDRESS STARTING PHONE # DATE 1251 Berry Ridge Rd 452-1097 Eagan, MN 55123 199 Birnamwood Dr. 895-5709 Burnsville, MN 55337 199 Birnamwood Dr. 895-5709 Burnsville, MN 55337 2997 Pilot Knob Rd. Eagan, MN 55121 4024 Limonite Ln. Eagan, MN 55122 3896 Riverton Ave. Eagan, MN 55122 4352 Hamilton Dr. Eagan, MN 55123 450 16th Ave. No. South St. Paul, MN 4031 Diamond Pt. Eagan, MN 55122 2845 Highview Tr. Eagan, MN 55121 3689 Ridgewood Dr. Eagan, MN 55123 7535 Hyde Ave. Su. Cottage Grove, MN 1677 Boardwalk Eagan, MN 55122 452-5171 454-1806 452-4392 PT-2/79 FT- PT-5/84 FT-11/84 PT-8/79 FT-4/82 FT-12/79 PT-7/86 PT-3/85 FT-2/91 FT-5/83 PT-3/84 452-0408 PT-11/86 FT-4/87 457-6807 PT-3/88 55075 FT-1/89 454-2711 PT-4/73 FT-1/75 454-6389 PT-3/73 FT-10/74 452-2696 PT-3/78 FT-4/79 458-3971 FT-5/89 55016 454-1222 FT-3/89 1530 Thomas Lk.Pt.Rd.452-6449 FT-10/88 Eagan, MN 55122 #119 1367 Cleome Ln. Eagan, MN 55123 1822 Senja Court Eagan, MN 55121 454-3802 PT-4/71 FT-4/72 452-5914 PT-4/90 FT-10/90 STARTING BADGE i POST 4 20 7955 9 8438 26 9473 42 10144 12 2898 33 6782 46 9390 44 9353 39 9028 5 2899 51 10820 NAME Knutson, Claudia (Ron) 4 Secretary ummer, Bunny Clerical Tech. Larson, Laurel (Rick) Receptionist Larson, Randy (Shelly) Sergeant V Lipinski, Lynn Dispatcher Marshall, Joe (Anne) Officer Mason, Dan (Debbie) Officer Matteson, Doug (Lisa) Officer McDonald, Jim (Toni) Officer McGrath, Kevin Investigator (Mary Ann) /Meszaros, Jerry Lieutenant (Dianne) Micklus, Penny Dispatcher Mills, Mary (John) Receptionist /Moilanen, Kathy (Bob) Clerical Tech. Moldstad, Jon (Janet) Officer Myhre, Linda (George) Investigator Nelson, Tom (Kathy) Officer ADDRESS 17080 Judicial Rd. Lakeville, MN 55044 PHONE # DATE BADGE POST # 435-9561 FT-1/88 7632 157th Street W. 432-3853 Apple Valley, MN 2093 Jade Ln. Eagan, MN 55122 4467 Lyncx Ct. Eagan, MN 55123 55124 Unit 454-8900 456-9181 5329 180th St. W. 460-6637 Farmington, MN 55024 4220 W. 153rd Street 423-7243 Rosemount, Mn 55068 1051 Wedgewood Ln.No.454-0859 Eagan, MN 55123 1606 Clemson Dr. Eagan, MN 55122 701 Hanover Ct. Eagan, MN 55123 1019 Boston Hill Eagan, MN 55123 4832 Dodd Rd. Eagan, MN 55123 Rd. 1519 Clemson Drive Eagan, MN 55122 2473 Hynes Ave.No. Oakdale, MN 55128 13209 York Ave 454-7173 454-8634 452-9785 423-3275 452-9596 FT-3/89 #309 PT-6/87 PT-4/74 FT-11/75 PT-2/87 PT-12/87 FT-1/88 PT-9/89 FT-5/1 PT-3/84 FT-7/85 PT-2/88 FT-3/88 PT-7/83 FT-1/85 PT-3/74 FT-9/75 ON -CALL 777-7286 PT-3/91 So. 894-7638 FT-5/88 Burnsville, MN 55337 901 Park Place Burnsville, MN 55337 891-2977 PT-3/88 FT-11/88 587 Atlantic Hills Dr.454-0879 PT-3/80 Eagan, MN 55123 FT-1/81 1056 Kettle Creek Rd. 456-0409 PT-2/87 Eagan, MN 55123 FT-5/87 1i13c ?,C►*77,-e 5 723 13 2900 37 9689 49 10661 10 8849 15 9779 24 8735 35 2901 41 10073 19 7089 27 9420 NAME Poppler, Pete (Patty) Officer Putt, Kevin (Jeanne) Officer Ramthun, Brad (Sara) Officer Redenius, Rick C.S.O. Ryan, Mark Officer Schoenecker, Tom Officer (Pam) Schrader, Mike Officer (Mary) Serier, Jack (Kathryn) Officer Sewald, Jim (Jane) Sergeant Slater, Rodger Officer (Darlene) Smith, Donn (Shirley) Property Rm./Adm.Tech. Steele, Dawn (Mitch) Dispatcher ADDRESS STARTING PHONE # DATE 1310 Lone Oak Rd. 454-3475 PT-8/66 Eagan, MN 55121 FT-9/68 1737 Deerwood Dr. 454-7395 PT-2/78 Eagan, MN 55122 FT-2/79 865 Cornwallis Ct. 688-7239 FT-10/88 Eagan, MN 55123 7426 Ideal Ave. So. 459-1339 PT-12/91 Cottage Grove, MN 55016 4635 Tamie Avenue 452-5714 Eagan, MN 55121 838 Cornwallis Ct. 452-3256 PT-9/82 Eagan, MN 55123 FT-8/83 2079 Shale Ln. 688-7903 Eagan, MN 55122 4550 W. Greenleaf Dr 681-9160 Eagan, MN 55123 BADGE = POST 2 2903 17 40 6724 8958 PT-1/89 48 9348 FT-12/89 23 8291 FT-10/88 38 6602 FT-01/91 53 10843 PO-05/91 1571 Lakeview Curve 454-8059 FT-7/82 Eagan, MN 55122 3290 Heritage Ln. 454-2304 Eagan, MN 55121 PT-9/67 FT-12/68 2042 Jade Ln. 454-1467 PT-7/65 Eagan, MN 55122 FT-9/67 14362 Excelsior Ln. 431-2824 PT-4/85 Apple Valley, MN 55134 Stevenson, John (Norma) 1569 Lancaster Ln. Investigator Eagan, MN 55122 Stubstad, Dave Officer Swanson, Rick (Teresa) Lieutenant Thielen, Jim Officer Tripp, Lori Investigator 454-6875 4702 Thrush Point 687-0904 PT-1/89 Eagan, MN 55122 FT-9/89 864 Curry Tr. 452-3675 FT-7/86 Eagan, MN 55123 PT-4/71 FT-4/72 21 7630 6 2904 4 2905 34 2906 47 10046 PT-10/75 32 2907 FT-12/76 15395 Dresden Trail 322-1823 PT-4/87 28 9675 Apple Valley, MN 55124 FT-11/87 1214 Timbershore Ln. 456-5703 FT-1/80 18 7275 Eagan, MN 55123 NAME Vasquez, Lynn (Jim) v/ Lead Clerical Tech. Wegner, Bob Officer J White, Bill Officer Zimmerman, Dispatcher (Diane) Eileen ADDRESS 1143 Parkview Lane Eagan, MN 55123 1822 Senja Ct. Eagan, MN 55121 884 Curry Tr. Eagan, MN 55122 PHONE # STARTING DATE BADGE # POST 4 681-1876 FT-4/87 452-5914 FT-2/88 452-6634 12629 Parkwood Dr. 890-7251 Burnsville, MN 55337 PT-11/75 FT-2/78 PT-6/81 FT-6/83 29 8175 16 2908 Sick Time Allowed - 1 day, r;errionth (no limit at present) Vacation - 1 week Etfter 1 yef-r, 2 wee}:s 2nd year and ti;e:oe: fter September 1, 1970 POLICE SALARIES: 1 - 12 months 12-24 " 24 - 36 After 36 " $730.00 780.00 830.00 880.00 Chief 1030.00 Paid Hospitalization :40.15 per month (includes dependents share, also $2000 Life Ins. & $50 a week disability for 26 weeks) Paid Disability Insurance $8.50 per month (60% of salary for disability Sickness - 2 years Accident - Lifetime) Other benefits as above EAGAN TOWNSHIP 1970-71 REVENUE GENERAL TAXATION: Property Tax $137,900 PERA 12,000 Extra Road & Br. 16.200 SALES TAX: MORTGAGE TAX, BEER LIC., MOBILE HOME LIC. TAX Firemen's Relief STATE CIGARETTE TAX STATE LIQUOR TAX OTHER REVENUE: Court Fines Building Permits Misc. Permits, Fees, Licenses, etc. TOTAL ESTIMATED REVENUE March 1, 1970 Balance BOND RETIREMENT TOTAL FUNDS AVAILABLE $166,1oo 53,500 9,000 1,000 10,500 10,500 10,000 15,000 15,000 $290,600 1,855 1970-71 ESTIMATED EXPENDITURES POLICE DEPARTMENT ROAD DEPARTMENT FIRE DEPARTMENT PARK DEPARTMENT GENERAL EXPENSE: $112,000 63,200 26,810 10.000 8,48o Clerk & Secretarial 8,200 Building Inspector 7,500 Assessing 5,000 Audit 5,000 Legal & Engineering 25,000 Dog Catcher & Pound 2,000 Janitor & Town Hall Exp. 4,110 $212,010 Chairman, Supervisors, Treas. Salaries & other expense $292,455 Weed Inspector 200 37,260 Election Expense 2,300 $329,715 Office Supplies & Postage1,800 Telephone & Utilities Hospitalization & FICA Court Costs Capital Outlays Sundry 2,800 3,000 1,80o 1,000 1.000 79,190 Total GENERAL EXPENSE $291,200 BOND RETIREMENT 37,260 TOTAL ESTIMATED 1±;XPENDITURES $328,460 EAGAN TOWNS H I P 1970 PROPOSED BUDGET GENERAL FUND: General revenue Professional services Park site Park Maintenance & equipment Weed Inspection Audit TOTAL $15 , 000 12,500 2,000 5,000 200 5000 $39,700 ROAD AND BRIDGE FUND: Salaries and maintenance $26,000 FIRE DEPARTMENT General maintenance, salaries and Equipment 17,000 Fire Hall addition 10,000 Firemen's Relief 1,500 TOTAL $28,500 POLICE DEPARTMENT Salaries and maintenance GRAND TOTAL (17 mills) ADDITIONAL REQUESTS: PERA BOND RETIREMENT $12 , 000 20,500 $43,700 $137,900 EAGAN TOWNSHIP 1970-71 REVENUE 1970-71 ESTIMATED EXPENDITURES GENERAL TAXATION: Property Tax $137,900 PERA 12,000 Extra Road & Br. 16,200 SALES TAX: MORTGAGE TAX, BEER LIC., MOBILE HOME LIC. TAX Firemen's Relief STATE CIGARETTE TAX STATE LIQUOR TAX OTHER REVENUE: Court Fines Building Permits Misc. Permits, Fees, Licenses, etc. TOTAL ESTIMATED REVENUE March 1, 1970 Balance BOND RETIREMENT TOTAL FUNDS AVAILABLE POLICE DEPARTMENT $112,000 ROAD DEPARTMENT 63,200 FIRE DEPARTMENT 26,810 $166,100 PARK DEPARTMENT 10,000 53,500 $212,010 GENERAL EXPENSE: 9,000 Chairman, Supervisors, 1,000 Treas. Salaries & other expense 8,480 10,500 Clerk & Secretarial 8,200 10,500 Building Inspector 7,500 Assessing 5,000 10,000 15,000 Audit 5,000 15,000 Legal & Engineering 25,000 $290,600 Dog Catcher & Pound 2,000 1,855 Janitor & Town Hall Exp. 4,110 $292,455 Weed Inspector 200 37,260 Election Expense 2,300 $329,715 Office Supplies & Postage1,800 Telephone & Utilities 2,800 Hospitalization & FICA 3,000 Court Costs 1,8o0 Capital Outlays 1,000 Sundry 1,000 79,190 Total GENERAL EXPENSE $291,200 BOND RETIREMENT 37,260 TOTAL ESTIMATED EXPENDITURES $328,460 10 $*c w 1,70 To, tACAS TOW 00.011k OW IIMPIMITISOSA Mott t.'1lxif al POL.iCS "0T* z To11 ovia$ is a list of teas is 4 budget as requested by you, 1. Officer Patsiek Osage, to be added toll -time effective April 1, 1670. 1. A pert -time *Meer to 1e tired oemetims after April let, possibly is June. 3. Thin pert -time man to be put se full -tie is September, 1970 end another part-time r bired. 4. ia August, a re -opening of diaswaiono portaia,iep to the Appointment of a osr`eaat. S. Radactisa of Comp Time by $1000.00. S. The deletiss of $1000.00 osier Capital Outlay for camera and other sifiao equipment. 7. Redaction by $1000.00 for the ssr►icias sad tee-ops of *quads. S. Yaks tacrsasos to is $ssotiated mad .furtive is September, 1970. Martin DeaLanziers PPP ay 9-14-2010 F 7 Eagan School buses, van in crash; no kids hurt But minivan driver has minor injuries By Maricella Miranda and Rhoda Fukushima Pioneer Press A school bus carrying three students from Falcon Ridge Middle School hi Apple Val- ley escaped injury in a minor crash Monday morning in Eagan. The bus, driven by Elaine Deeg, hit a second school bus as they were both traveling south on Pilot Knob Road near Deerwood Drive, said Tony Taschner, spokesman for Rosemount -Apple Valley - Eagan schools. The collision caused the second bus to crash into a minivan. There were no children on the second bus, driven by Andy Calton. No one on either bus was injured. The children on the first bus attend Falcon Ridge's special ---cation program, Taschnt iid. A school chaperon.. _,so was present. The woman driving the minivan had minor injuries, Eagan police Lt. Steve Bol- luyt said. Paramedics treated her at the scene. It did not appear she needed additional treat- ment, he said Monday morn- ing. Police did not immedi- ately release her name. Authorities will investigate whether the bus drivers were under the influence, which is standard procedure after a school bus crash, Taschner said. Deeg has worked in the district as a bus driver for 10 years. Cal- ton has worked in the district for about a year. The crash happened around 7:40 am. The minivan was hit head- on while traveling north on at 651-228-5444. School bus crash Two school buses from the Rosemount -Apple Valley -Eagan school district were involved in a crash Monday morning in Eagan. Lone Oak Rd. 13 Yankee Doodle Rd. a Deerwood Dr. Diffley Rd. Crash site r N PIONEER PRESS the same road, Bolluyt said. The cause of the crash isn't yet known, although "it sounds like the bus went into the car's lane," Bolluyt said. The roads were dry at the time of the crash, and there were no reported problems with visibility, he said. Another school bus picked up the three children and took them to Falcon Ridge, which is standard procedure after a crash, Taschner said. District officials called the parents of the children involved. Deerwood Elemen- tary, which is near the crash site, also sent an e-mail to parents alerting them that their children's buses were not involved in the collision. Maricella Miranda can be reached at 651-228-5421. Rhoda Fukushima can be reached Police `Footprints' ro ra ' helpprogram g m will keep communityinformed by Erin Johnson THISWEEK NEWSPAPERS The Eagan Police Depart_ Eagan Police Department ment is about to launch a pro-10 gram called Footprints that Ap't"rrnmQprevention mea.rure,,. will help keep residents in-r..►oor,,,,,,, is formed of public safety issues in their own neighborhoods. Footprints is a national pro- gram that will be implement- ed in Eagan within the next month; said Deputy Chief Jeff Johnson of the Eagan Police Department. "One of the department's goals for 2006 was to increase information to the public and to get it out in a more timely manner," he said. "This is just another tool we'll have to get information out to people." Officers on patrol will now carry stacks of card -sized sticky notes called Footprint cards that can be used to alert individual neighborhoods or residents to crimes, patterns or trends in the area. The cards will allow officers to get information to the right people quickly without having to take the time and effort to print up fliers, Johnson said. The cards will be useful for such incidents as the recent 0 Garage left open 0 Unsecured door 0 Unlocked vehicle 0 Visible valuables 0 Burglaries 0 Theft from vehicle CI 0 Othe perty damage Date/Time Officer Badge # Officer Phone 6 3830 Not Knob Road flf Engn MN 55122 (651) 675-5700 TDD (651) 45411335 More mlbrtnation available in the Polio* section at www.eltyofeaps.rnte III Tip Line: (631) 696-11 11 Eagan police officers will carry stacks of these cards with them on patrol as part of the new Footprints program. The cards can be used to alert residents of crimes, trends or patterns that officers are seeing in their neighborhood. rash of thefts from garages tional information. in Eagan that occurred when "We're seeking to share in - garage doors were left open. formation with residents as Officers could use the Foot- well as seeking to get informa- print cards to alert residents to tion from them if there's any the thefts, or if they see a ga- suspicious activity," Johnson rage door left open, to advise said. residents to keep their garage The cards will direct resi- doors closed so they don't be- dents to the police section come victims themselves. of the city's Web site, www Police can also include de- cityofeagan.com, which will scriptions of suspects and have updated information and vehicles that were seen in the crime prevention tips. The neighborhood so residents can Web site will also let residents keep an eye out or contact the know when an arrest has been police if they have any addi- made. • • • EAGAN POLICE RELIEF ASSOCIATION sgeati ®//// No. 2-1031/2L HASTINGS - LOS ANOELES LOOAN - MCOREGOR. Y.$.A. 23 FEBRUARY 1973 State of Minnesota Department of Commerce Insurance Division 210 State Office Building St. Paul, Minnesota 55155 Gentlemen: On January 8, 1973, the Village of Fagan authorized the incorporation of the Eagan Policemen's Relief Association, and it has been incorporated with the State of Minnesota. The funds for this amount to $7,915.40 and they are in a special Police Retirement Fund. There have been no admini- strative costs incurred to date. Very truly yours, EAGAN POLICE DEPARTMENT (e,, ) tin DesLauriers Chief of Police 501x 4 '�+ln4 T 2 0 r) A X 1 220AA- T 5 6 a X . 16 1 6 n r, 2 0 2 7 2 T x 2 6 1 x '- 4::1 0 4 4 T n 7 6 T 2 0 4 4. G za-�3�04•� 2 2 J 4 e -F 5 6 2 + 20232 + 1 0 t 4 8 7 r + 447° T 7 9 1 5 4 n + 7 9 1 5 Q 0 T 995636 + 2 8 6 3 ? + 10243' 7T 1024327 + 3 8 5 9 x 79154 0 1 9 2 9 E T 19?15R T 19295 o. �^ 4 4 7 5 640`9 + T 1 81 5 8 6' 64053 1 7 5 1 9 1 0 T 7Ft59x < 5 1999F T 6 2 3 1 81 5 8 6 3 1 751 8 7Q -r T 997 + 7R2 + 770 + 18 + 900 + R2 9 11 0 + TR2 ? 9 7 + 997 + T ° 2 7 q 2 + 3n0 + 3R59 T Cagan Vo epartment 37 . .: • AD St. Pau ..i'I s ;: 55122 Martin DesLauriers Chief of Police TO: EAGAN VILLAGE COUNCIL FROM: CHIEF OF POLICE SUBJECT: SPECIAL POLICE FUND ($7,915.40) 1 MAY 1973 On 8 January 1973 a Special Police Fund was authorized by the Eagan Village Council; however, it was later learned that because of our membership in PERA, we were not allowed to participate in another retirement association. It was felt that rather than invest these funds specifically for the purpose of disability or death benefits, a review of our present plan for disability and death benefits would be more beneficial. I asked Mr. Helmken to write a proposal on our sickness and accident disability in order to increase the benefits to a maximum of $600 per month per full-time police department employee (see attached). The total annual increase is $475.08 or a monthly increase of $39.59. Also, we would like to have the monthly premiums for the $10,000 of life insurance paid for each police department employee from this special fund. These premiums are presently paid for by the employees. On an annual basis, the cost for this would be $722.88. The total annual cost for both the increased disability benefit and the life insurance would be $1,197.96. I would like to request that the balance of the Special Police Fund, amounting to $6,717.44, be used for the purchase of equipment for the police department. eart7 in DesLauriers MD/vk cc: Alyce Bolke 3J Paul Hauge �p Jay Berthe 011 -7 Peter Poppler S �� ,g EAGAN POLICE DISABILIT! PROGRAM NW -NI PRESENT PRESENT NEW NEW TOTAL MONTHLY MONTHLY MONTHLY MONTHLY PREMIUM DISABILITY NAME INCOME PREMIUM INCOME INCREASE PREMIUM D. Smith 420 7.65 600 3.30 10.95 M. Gerrety 390 7.10 600 3.82 10.92 K. Aszmann 420 7.65 600 3.30 10.95 J. Berthe 480 8.75 600 2.18 10.93 D. Brule 390 7.10 600 3.82 10.92 M. DesLaurier 540 6.65 600 2.10 8.75 P. Geagan 390 7.10 600 3.82 10.92 P. Poppler 420 7.65 600 3:30 10.95 R. Slater 420 7.65 600 3.30 10.95 G. Kasat 390 7.10 600 3.82 10.92 J. Stevenson 390 7.10 600 3.82 10.92 V. Knight 285 7.80 395 3.01 10.81 TOTAL 39.59 128.89 NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY STATE OF MINNESOTA BUREAU OF MEDIATION SERVICES VETERANS SERVICE BUILDING SAINT PAUL 55155 PHONE 612-296-2525 CERTIFICATION OF 1 ►CL i I.Y ; aRAPRESENTATTVE L THE MATTER OF INTR3TIGATION AND CERTIFICATION OF PUBLIC F P'LYYEES, AP'PRRIATE UNIT, WO EXCLUSIVE REPRESENTATIVE: a:an Police Association, } ian, Minnesota and City of I« a zen, E .7;an, Minnesota CASE NO. 75- `'R-21a-A On Wednesday, October 1, 1.975, in the Veterans Service Buildino4 St, Paul, Minnesota, a heari nr we* held pursuant to a ,joint petition filed by the F.aan eolics Association, _ ;'a an, Minnesota, and the City of Eaten, Eaan„ Minnesota, requesting Certification of the Fa an Ponce Association as the exclusive representative of certain employeee of the employer. At said hearing all interested parties were ~iven the opportInity to present testimony and evidence pertinent to the qilestions raised ` y the filmi of the petition. At the !iearin: ,, the parties reached complete s$,rreem ent an the appropriate unit and elir;t ie employees within the said unit. The parties further $tip=.slated on the record that the Association. doss in tact represent more than 50 percent of the employees in the appropriate unit, and requested that the Bureau of Mediation: Services issue e. certification of exclusive representative to the Association. Therefore, as Director •of the 1k.1reau of Mediation Services, State of Minnesota, I herey certify that the Eagan Police Association, Fia4:sran, Minnesota, is the exclusive representative of the employees of the City of Ear,an, Eagan, Minnesota, in the unit• of: AN EQUAL OPPORTUNITY EMPLOYER *.11 amployees of the Dear' Police Dart,n ent who ant e !o ed for than f4 hours per week and more than 10 work s Dikk Ylar1. ezc1.4T , a pRrv3.0and ory ef7nt'idej £la e Oogees. CHARLES A. SWANS? , T)IRFCTW CAS : e.h cc Michael A. i erre ty Paul H. H*u re Alyce Bolke Martin Des Leuriera Postin - DRted at Stint Paul, Minnesota, Octo• er 20, 19T STATE OF MIN1'fi SOTA - BUREAU OF MEDIATION SERVICES S'.! , PAUL, 1>INNESOTA 55155 TO: f 1 "•�1ke Clerk City of Eagan 3795 Pilot Knob '•oa d Eagan, ninnesota 55122 CEASE ANTJ DF FP CASE NO. On July 25, 1975 , a petition was filed with the Bureau of Mediation Services by L•'«Uan »olicc 7r7, .ri, •`innesotr., requesting that said employee organization be certified as the exclusive representative for collective bargaining purposes of certain employees employed by the Employer, r Association, Ilinn -s•oLa and City All employees of t.hc E a :in Police Department who are nnoloyed for mr.e than 14 hours Ter week and for mire than 100 work days per year, e:-cluding all other c:r^a3 owes. Therefore, the following Cease and Desist Order is applicable to the above de- scribed unit, andshall be in full force and effect until a hearing ha.s been conducted and u e matter is disposed of by a ruling of the Bureau of Mediation Services: CEASE AND DESIST No negotiations may be carried on, no increase in wages or compensation or additional fringe ben, - fits may be grante.i or prondosd, nop shall any employees be questioned by the employer as to their membership in the employe organization, discriminated against :in any way by threats o' reprisals until this matter has been heard and disposed of. CAS : run cc: Li chael A. Gerrety St. Paul, Uinnesota, Jaly 29, 975 s'``," -, FORM PM"-54 DIT'nflT )n (A 5 �jr((i))' 1 )1 _,1,ry' ,T O(',nr C'"- .x. , .;V. 1-7>/ UVlI.i�J'. l' �Il'� 1•lLi lJ.t,KA �I.�iV �:L:.ILY .�.�/S,C (PUBLIC) , STATE OF M NE SSOTA 047 STATE OF MINNESOTA BUREAU OF MEDIATION SERVICES VETERANS SERVICE BUILDING ST. PAUL, MINN. 55155 e. 78 Alyce Bolke Clerk City of Eagan 3795 Pilot Knob I:oad Eagan, Minnesota 55122 CERTIFIED MAIL RETURN RECEIPT REQUESTED E" ? �( Imo^ J ` • �JLL29'75%,' � i'll'71 ♦ PAUL H. HAUGE GEORGE H. HOEY HAUGE & HOEY, P.A. Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 Area Code 612 Telephone 454-4224 July 73 , 1975 State of Minnesota Bureau of Mediations Services Veterans Service Building - East Wing 20 West Twelfth Street Saint Paul, Minnesota 55155 Dear Sir: I am enclosing a fully executed Joint Request for Certification for Exclusive Representative for the Eagan Police Association whose address is 3795 Pilot Knob Road, Eagan, Minnesota. The Eagan City Clerk has been authorized by the City Council to execute the joint request and it has further been signed by Michael A. Gerrety, the President of the Eagan Police Association. Also enclosed is an authorization letter substantiating the fact that more than 50% of the members of the association are interested in requiring the unit to act as their exclusive representative for bargaining with the City of Eagan. Further enclosed is a copy of the Constitution and By-laws of the Association. The persons named in the constitution in Article VIII are the officers of the association at the present time. If there are further questions, please contact Mrs. Bolke or Mr. Gerrety. PHH:kk Enclosures Very truly yours, Paul H. Hauge STATE OF MINNESOTA - BUREAU OF MEDIATION SERVICES ST. PAUL, MINNESOTA 55155 JOINT REQUEST FOR CERTIFICATION OF EXCLUSIVE REPRESENTATIVE Date Received File Number Case Number A question concerning the appropriate unit and/or recognition of certain public em- ployees of a governmental agency has arisen between the parties listed herein. The undersigned request that the matter be fully investigated by the Bureau of Mediation Services, a determination be made under the Public Employment Labor Relations Act of 1971, as amended, and certification be issued as per the joint request. 1. Name of Employee Organization: Eagan Police Association Address: 3795 Pilot Knob Road, Eagan, MN 55122 Phone: (612) 454-3900 Name of Representative: Michael A. Gerrety Address: 4800 Dodd Road, Eagan, MN 55123 Phone: (612) 454-6268 2. Name of Employer: City of Eagan Address: 3795 Pilot Knob Road, Eagan, MN 55122 Phone: (612) 454-8100 Name of Representative: Alyce Bolke, Clerk Address: 3795 Pilot Knob Road, Eagan, MN 55122 Phone: (612) 454-8100 Names, addresses, and phone numbers of all other employee organizations known to have interest in or claiming to represent any of the employees involved: NONE Type of Governmental Agency: City Total number of employees included in this request: Fourteen (14) Give detailed description of all classifications or positions to be included and/or excluded from the unit requested: Excluded chief dispatchers and all part-time police personnell and those who have not completed probationary period. Included all sergeants, all patrolmen and secretary - 1. Do both parties state that the employee organization does in fact represent more than 50% of the employees in the appropriate unit: Yes (EMPLOYEE ORGANIZATION IS REQUIRED TO SUBMIT AUTHORIZATION CARDS SUBSTANTIATING MORE THAN 50% SHOWING OF INTEREST IN THE UNIT. SAID CARDS ARE TO ACCOMPANY THIS REQUEST. THE EMPLOYEE ORGANIZATION IS FURTHER REQUIRED TO SUBMIT A COPY OF THEIR CONSTITUTION AND BY-LAWS WITH THIS REQUEST UNLESS THEY HAVE BEEN PREVIOUSLY FILED. Date this petition signed: July , 19 75 Signed: 6/ c. (o er t Kr- Signed: j/ /:7, 6A(7.e. I G(' �' ln�`� (0nployer) (Employee Organization) U Title: Clerk Title: President Subscribed and sworn to before me this Subscribed and sworn to before me this 2 3 day of July , 19 75 . n / day of July , 1975 . —77 Cain ? Notary Public, Paul H. Hauge Notary Public Hennepin County, Minnesota My commission expires October 9, 1976. Form BMS-62 (Rev. 10-73) July 16, 1975 State of Minnesota Bureau of Mediation Services Veterans Service Building - East Wing 20 West Twelfth Street Saint Paul, Minnesota 55155 RE: Eagan Police Association Gentlemen: We as members of the Eagan Police Association do hereby authorize the association to meet and negotiate on our behalf with the City of Eagan as employer concerning all matters relating to wages, hours and working conditions of Eagan Police Department members within the association. Very truly yours, STATE OF MIS ,ESOTA - BUREAU OF MEDIATION SERVICES ST. PAUL, MINNESOTA 55175 IN THE MATTER OF: CASE NO. 76-PR-210--A Eagan Police Association, Eagan, Minnesota and City of Eagan, Eagan, Minnesota NOTICE OF HEARING Please take notice that a public hearing will be conducted by the Bureau of Mediation Services in the above matter in accordance with the Public Employment Labor Relations Act of 1971 as amended. A copy of the petition is attached. The hearing will be held: DATE: Wednesday, October 1, 1975 TIME: 10:00 a.m. PLACE: Conference Room, Bureau of Mediation Services, Veterans Service Building, St. Paul, Minnesota All parties are requested to bring with them for examination any current contract, correspondence and documents between the employee organization or person representing ary of the employees of the employer relating to the representation of the employer's employees. The petitioning organization has submitted authorization cards of a 30`' or more showing of interest for the employees in the unit requested. Any organization wishing to intervene shall be reouired to make the same showing of interest throrzgh authori- zation cards to be submitted at the hearing. THE EMPLOYER SHALL: (1) MAKE AND POST SUFFICIENT COPIES OF THIS NOTICE IN A CONSPICUOUS PLACE SO THAT ALL EMPLOYEES WILL HAVE THE OPPORTUNITY OF SEEING IT. HAVE PRESENT AT THE HEARING TO TESTIFY AS TO THEIR DUTIES AND AUTHORITY ALL EMPLOYEES THE EMPLOYER CONTENDS SHOULD BE EXCLUDED FROM THE APPROPRIATE UNIT AS CONFIDENTIAL OR SUPERVISORY. PREPARE IN TRIPLICATE AND PRESENT TO THE HEARING OFFICER A LIST CONTAINING THE NAK S AND CLASSIFICATIONS OF ALL EMPLOYEES OF THE EAGAN POLICE DEPARTMENT WHO .ARE EMPLOYED P OYED FOR MORE, THAN 14 HOURS PER lr DEPARTMENT LTV 1 ARE Ll•11 11 11:JL FOR MORE THAN 1_' i1J 1 WEEK AND MORE THAN 100 WORK DAYS PER YEAR. The Cease and Desist Order issued on July 29, 1975 continue to remain in full force and effect until this matter has been heard and disposed cf. CAS:ch cc: Michael A. Gerroty Alyce Boike City Council Postiri, Dated at Saint Paul, Minnesota, September 17 cr7L- „� (Rev. 1-75) (PUBLIC) shall DIRECTOR BUREAU OF MEDIATION SERVICES STATE OF MINNESOTA ;;TATE OF MINNESOTA - 13i.0 OF MEDIATION SERVICES SPAUL, MINNESOTA 55155 JOINT REQUEST FOR CERTIFICATION OF EXCLUSIVE REPRESENTATIVE Date Received File Number Case Number ) .. -� - ,,//6.-1-2 A question concerning the appropriate unit and/or recognition of certain public em- ployees of a governmental agency has arisen between the parties listed herein. The undersigned request that the matter be fully investigated by the Bureau of Mediation Services, a determination be made under the Public Employment Labor Relations Act of 1971, as amended, and certification be issued as per the joint request. 1. Name of Employee Organization: Eagan Police Association Address: 3795 Pilot Knob Road, Eagan, MN 55122 Name of Representative: Michael A. Gerrety Phone: (612) 454-3900 Address: 4800 Dodd Road, Eagan, MN 55123 Phone: (612) 454-6268 ?. Name of Employer: City of Eagan_ Address: 3795 Pilot Knob Road Eagan, MN 55122 Name of Representative: Alyce Pol.ke, Clerk Address: 3795 Pilot Knob Road, Eagan, MN 55122 Phone: (612) 454-8100 Phone: (612) 454-8100 Names, addresses, and phone numbers of all other employee organizations known to have interest in or claiming to represent any of the employees involved: NONE vi t yVCLIallClll.al Agency:_ Total number of employees included in this request: Fourteen (14) Give detailed description of all classifications or positions to be included and/or excluded from the unit requested: Excluded chief dispatchers and all part-time police personnell and those who have not completed probationary period. Included all sergeants, all3atrolmen and secretary - 1. Do both parties state that the employee organization does in fact represent *yore than. 507. of the employees in the appropriate unit: Yes (EMPLOYEE ORGANIZATION IS REQUIRED TO SUBMIT AUTHORIZATION CARDS SUBSTANTIATING MORE T!!AN 50% SHOWING OF INTEREST IN THE UNIT. SAID CARDS ARE TO ACCOMPANY THIS REQUEST. THE EMPLOYEE ORGANIZATION IS FURTHER REQUIRED TO SUBMIT A COPY OF THEIR CONSTITUTION AND BY-LAWS WITI! THIS REQUEST UNLESS THEY HAVE BEEN PREVIOUSLY FILED.) Date this petition signed: Signed: July , 19 75 ' (Employer) Title: Clerk S igned:,'"•4//,/ �;4uaJ ,J (Employee 0rganizat iftt) n_ r �. Title: President Subscribed and sworn to before me:this: ;'Subscribed and e:' `y day of n,1v, t:;/ 19J�=•.::.. - day of My commission expires October 9, 1976.- «rm BMS-62 •f'v. 10-73) NotaryPublic, Pau V. lIa"ge Notary V Hennepin County, Minnesota sworn to before me this July , 1975 NOt'9Y PUBLIC. Ciskots COutttY. Mime. hty Commission Expires isr. 21. 19E2 Q Q I-'•H H Ocl ct P () 0 C) 1-4 H) td FJ (DO 1-4 0 1-1 1-1 • P • 011 (1) (D N P O • 0 c-t-o 0 \.31 411 /6. -mot a, ��- L 1 1 l • /. ♦ ♦ l `/ ('f l/ /.A it 11 t l cc .t/ (/ 1/ sue_ l f/ . e *14FATE OF MINNESOTA - BUREAU OF MEDIATION SERVICES ST. PAUL, NlYNESOTA 55155 IN THE MATTER OF: CASE NO. 7 Eagan Police Association, Eagan, Minnesota an d City of Eagan, Eagan, Minnesota NOTICE OF HEARING Please take notice that a public hearing will be conducted by the Bureau of Mediation Services in the above matter in accordance with the Public Employment Labor Relations Act of 1971 as amended. A copy of the petition is attached. The hearing will be held: DATE: Wednesday, October 1, 1975 TIME: 10:00 a.m. PLACE: Conference Room, Bureau of Mediation Services, Veterans Service Building, St. Pa11., Minnesota All parties are requested to bring with them for examination any current contract, correspondence and documents between the employee organization or person representing any of the employees of the employer relating to the representation of the ernployerrs employees. The petitioning organization has submitted authorization cards of a 30% or more showing of interest for the employees in the unit requested. Any organization wishing to intervene shall be required to make the same showing of interest through authori- zation cards to be submitted at the hearing. THE EMPLOYER SHALL: (1) MAKE AND POST SUFFICiP;NT COPIES. OF THIS NOTICE IN A CONSPICUOUS PLACE SO THAT ALL EMPLOYEES WILL HAVE THE OPPORTUNITY OF SUING IT. HAVE PRESENT AT THE HEARING TO TESTIFY AS TO THEIR DUTIES AND AUTHORITY ALL EMPLOYEES THE EMPLOYER CONTENDS SHOULD BE EXCLUDED FROM THE APPROPRIATE UNIT AS CONFIDENTIAL OR SUPERVISORY. PREPARE IN TRIPLICATE AND PRESENT TO THE HEARING OFFICER A LIST CONTAINING THE NAMES AND CLASSIFICATIONS OF ALL EMPLOYEES OF THE r,: �� A T?' POLICE /� T 7 /"� ,', DEPARTMENT T, fTR� T,',TT T WHO .y EAGtiN r" OLI1E� DEi AR lMEN T 'vlHO ARE EMPLOYED FOR MORE THAN 14 HOURS PER WEEK AND MORE THAN 100 WORK DAYS PER YEAR. The Cease and Desist Order issued on July 29, 1975 , shall continue to remain in full force andeffect untilthis matter has been heard and disposed of. CAS:ch cc: Michael A. Gerrety Alyce Bolke City Council P os tin Dated at Saint Pau].; Minnesota, September 17, 1 5 FORM BMS,.52 ' 1' i <.9,7 (Lev. 1-75) DIR.EC?OR (PUBLIC) BUREAU OF MEDIATION SERVICES STATC OF MINNESOTA STATE OF MINNESOTA - Biy U Or MEDIATION SERVICES . PAJL) MINNESOTA 55155 JOINT REQUEST FOR CERTIFICATION OF EXCLUSIVE REPRESENTATIVE Date Received File Number. Case Number A question concerning the appropriate unit and/or recognition of certain public em- ployees of a governmental agency has arisen between the parties listed herein. The undersigned request that the matter be fully investigated by the Bureau of Mediation Services, a determination be made under the Public Employment Labor Relations Act of 1971, as amended, and certification be issued as per the joint request. 1. Name of Employee Organization: Eagan Police Association Address: 3795 Pilot Knob Road, Eagan, MN 55122 Phone: (612) 454-3900 Name of Representative: Michael A. Gerrety Address: 4800 Dodd Read, Faan. MN 55123 2. Name of Employer: City of Eagan Address: 3795 Pilot Knob Road, Eagan, MN 55122 Phone: (612) 454-6268 Name of Representative: Alyce Bolke. Clerk Address: 3795 Pilot Knob Road, Eagan, MN 55122 Phone:_612) 454-8100 Phone: (612) 454-8100 Names, addresses, and phone numbers of all other employee organizations known to have interest in or claiming to represent any of the employees involved: Governmental F :.. � nKeti(:y; l,lly Total number of employees included in this request: Fourteen (14) Give detailed description of all classifications or positions to be included and/or excluded from the unit requested: Excluded chi_ef).dispatchers and all part-time police personnell and those who have not completed probationary period. Included all sereants, all patrolmen and secretary - 1.. G(, bath parties state that the cr ployee orgnnizat ior. dons in fact represent more than 5C7. of the employees in the appropriate unit: yes (`:`TZ.OYEE ORGANIZATION IS REQUIRED TO SUBMIT AUTHORIZATION CARDS SUBSTANTIATING MORE THAN 50% SHOWING OF INTEREST IN THE UNIT. SAID CARDS ARE TO ACCOMPANY THIS REQUEST. THE EMPLOYEE ORGANIZATION IS FURTHER REQUIRED TO SUBMIT A COPY OF THEIR CCNSTITUTION AND BY-LAWS WITH THIS REQUEST UNLESS THEY HAVE BEEN PREVIOUSLY FILED.) Signed: Date this petition signed: i July Title: Clerk ' (Employer) /"' /, Subscribed and sworn to before me. this: ; day of ul. 2'1 Notary / Public, Pau si. Ilduge 0 I1clUrepin County, Minnesota My commission expires October 9, 1976. rm BMS-62 v.. 10-73) Signed:, •Title: President , 19 75 / t �� uaJ EripJ.oyel 0rganizat if:i) -Subscribed and sworn to before me this Lday of Notary 'rubl is 1975 �c.:.r.. CaLifi a;: H. NOTARY PURLiC. hakata {,tine. w- _) Ky Cc'n1n ;iw, f.a,.i:as fare. 21, 1902 mar»wv.rxx EMS 103 Petition for Determination of Appropriate_ Unit and, or, Certification of Exclusive Representative of Public Employees; Petition for Clarification or Amendment of ApErpp.riate Unit. (a) Petition. A petition for determination of an appropriate unit shall be filed in person or by certified mail with the Bureau by a public employer, by an employee organization, or by a joint request of public employer and employee organization. Such petition shall be in writing in the form prescribed. Such form is available from the Bureau. (b) Petition for Clarification or Amendment of Appropriate Unit.'A petition for clarification or amendment of an appropriate unit shall be filed in person or by certified mail with the Bureau by a public employer, by an employee organization, or by a joint request of public employer and employee organization. Such petition shall be in writing in the form prescribed. Such form is obtainable from the Bureau. (c) Limitation of Filing Petition. Where there is an exclusive represent- ative and where a contract is in effect, the Bureau shall entertain a petition for a clarification or amendment of a unit upon a joint request from the employer and the exclusive representative. A petition by either party for clarification or amendment of a unit may be entertained by the Director. (d) Contents of Petition. The petition shall contain the following inform- ation: 1) Type of organization making the request, be it the employee organization, public employer, or a joint request of both parties. 2) The name, address, and telephone number of the petitioner or petitioners and the name of the agent who represents the petitioner or petitioners. 3) The name, address, and telephone number of the opposite party, if known. 4) Type of governmental agency involved. 5) A statement of the proposed unit, or units, and the approx- imate number of employees involved. 6) The name, address, and telephone number of any other employee organization known to represent employees in the proposed unit. 7) Such other information as the Director may require from time to time. (e) Petition for Certification as Exclusive Representative. If the petition submitted by an employee organization requests certification as an exclusive representative, in addition to the information defined in 103(d), evidence must be submitted with the petition that at least 30% of the employees in the proposed unit wish to be represented by the petitioning employee organi- zation. Authorization signatures so submitted shall he dated within six months prior to the receipt of the petition. 1 (f) Joint Revest Representative. est for Certification of Exclusive Re esentative. If the ----_-------------------------------------- petition submitted is a joint request for certification of an exclusive representative, in addition to the information defined in 103(d), the petition form must be notarized and evidence must be submitted with the petition that more than 50% of the employees in the proposed unit wish to be represented by the employee organization. The employee organization is further required to submit a copy of its constitution and bylaws. Such petition shall be in writing in the form prescribed, which form may be obtained from the Bureau. Bt-1S 104 Investigation and Hearings on a Petition for Determination of Appro- priate Unit. (a) Notice of Hearing. Upon receipt by the Bureau of a petition in proper form, the Director shall investigate to determine if sufficient evidence of a question of representation exists and hold hearings as necessary to determine the appropriate unit. Notice of any such hearing will be served on all parties named in the petition and any other party known to the Director to have a substantial interest. Copies of the notice of hearing shall be posted by the employer immediately upon receipt of same in a conspicuous place at the work location or locations. A copy of the petition filed by the petitioner shall be included with the notice of hearing. (b) Order Maintaining Status kuo. Following receipt of the petition, the Director may issue a cease and desist order directing maintenance of the status quo in part or in whole, with respect to terms and conditions of employment or contract negotiations. Such order shall not conflict with existing contract or statutory provisions. (c) Hearing on Petition for Determination of Appropriate Unit. The hearing shall be conducted by a hearing officer with a reporter making a stenographic record of the proceeding. The hearing will be conducted as follows: 1) All hearings shall be public meetings except when other- wise provided by the Director. 2) It shall be the duty of the hearing officer to inquire fully into the facts in dispute, to call, examine, and cross-examine witnesses and to require the production of documentary or other evidence as he may deem necessary to fully acquaint himself with all facts relating to the case. 3) Any party shall have the right to appear at the hearing in person or be represented by an agent to present per- tinent evidence and testimony that is competent, relevant and material to the issues. 4) The public employer shall provide the names and job classifications of employees within the suggested appro- priate unit and make available such information to all parties submitting a 30% showing of interest. 5) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, shall be stated orally, together with a statement of the grounds of such objection and included in the stenographic 2 record of the hearing. No objection shall be deemed waived by further participation in the hearing. 6) The hearing officer may adjourn the hearing from day to day or from time to time and from place to place as he may deem proper upon appropriate notice thereof to the parties to the proceeding. 7) At the close of the hearing, the hearing officer may allow the parties to submit written arguments. The hearing officer shall fix the time for the filing of the arguments. (d) Record. The record shall consist of the following: 1) The petition for determination. 2) The notice of hearing. 3) Proof of service of such notice upon the parties to the proceeding. 4) The objections of any person to the proceedings. 5) All stipulations between the parties. 6) Exhibits. 7) Documentary evidence. 8) Depositions. 9) Memoranda submitted by the parties. 10) The stenographic notes. 11) Any information obtained during investigations. (Such information shall be made available to all parties prior to a determination). (e) Determination of Unit. The Director will determine the appropriate unit or units on the basis of the record. (f) Effective Date of Unit Determination. 1) Determination of an appropriate unit shall take effect 10 days after notice to the parties unless appealed to the Board. Copies of the unit determination shall be posted by the employer immediately upon receipt of same in a conspicuous place at the work location or loca- tions of the employees involved. 2) If requested by the Director, the employer, following the receipt of the appropriate unit determination, shall provide the addresses of employees within the appropriate unit to employee organization(s) on the ballot. 3 (g) Orders Pending Appeal of Unit Determination. At the request of the Board, the Director shall issue such orders as are requested by the Board pending the determination of an appeal to the Board. BMS 105 Petition for Certification or Decertification. (a) Certification Petition. A petition for certification as an exclusive representative in an appropriate unit shall be filed in person or by certified mail with the Bureau by the employee organization, showing evi- dence that at least 30% of the employees wish to be represented by the petitioner or by a joint request of the employer and the organization. The petition filed by the employee organization shall be in writing in the form prescribed in Sections 103(d) and 103 (e). Forms for filing this information may be obtained from the office of the Bureau. The joint request of the employer and the employee organization shall be in writing in the form prescribed in Sections 103(d) and 103 (f), which form may be obtained from the Bureau. (b) Decertification Petition. A petition for decertification of an exclu- sive representative in an appropriate unit shall be filed in person or by certified mail with the Bureau showing evidence that at least 30% of the employees in the unit wish to decertify. Such petition shall be in writing in the form prescribed in Section 103(d). Forms for filing this information may be obtained from the office of the Bureau. (c) Incumbent Representative. An incumbent exclusive representative shall by virtue of its certification be considered a party and be entitled to be on the ballot. BMS 106 Investigation and Hearing on a Petition for Certification or Decerti- fication. (a) Notice of Hearing. Upon receipt of a certification or decertification petition in proper form, the Director shall investigate to determine if sufficient evidence on the question of 30% interest exists and hold hearings as necessary. Notice of any such hearing will be served on all parties named in the petition and any other party known to the Director to have a substantial interest. Copies of the notice of hearing shall be posted by the employer immediately upon receipt of same in a conspicuous place at the work location or locations. A copy of the petition filed by the employee organization or employees shall be included with the notice of hearing. (b) Order Maintaining Status Quo. Following receipt of the petition, the Director may issue a cease and desist order directing maintenance of the status quo, in part or in whole, with respect to terms and conditions of employment or contract negotiations. Such order shall not conflict with existing contract or statutory provisions. (c) Hearing. A11 hearings shall be conducted in conformity with BMS 104(c). (d) Record. The record shall consist of those items outlined in BMS 104(d). 4 (e) Determination. Based upon the record, the Director shall determine in the appropriate case: 1) Whether the decertification petition should be granted or denied. 2) Whether a secret ballot election should be held pursuant to the certification or decertification petition. BMS 107 Combined Hearings. The Director may combine hearings in determination of appropriate units and certification procedures. 5 Aid ' VL1CF: DEIAIIILNT Pi J) fL'Z 1C-1-75 Martin Des Lauriers Kenneth Aszmann Jay V. 13er the Patrick Geag:In Larry V. bilir 'y r' Dale A. I,rule A:i.chael A. Gerrety Louis F. Se:lka George L. _-assat Randy D. Larson Gerald J. : :eszaros Robert J. C)'I'rien Peter P. Peppier Rodger Slater Donn D. Smith John T. Stevenson Virginia E. Knight ::ar.1 ene A a.r. Nancy A. ingerson Alice S. Pomeroy Kenneth L. Conyers Jr. Virginia L. Lambert dv rz T l S R /✓c,.<s✓/u£� Police Chief Sergeant Sergeant Sergeant Fall -time Patrolman Full-time : atrolman Full-time Patrolman Fa11-tirr:e :'r,trolman Full-time Patrolman Full-time Patrolman Full-time i at: rLrran flull-time roll-ti.,,e i .tro1man Full-time atrotman i rll-ti::e utrolr,.an Full-time I atrolaan Secrr taryl(full time) r_/e'K- Dispatcher (full time) Dispatcher (full time) Dispatcher (full time) Dispatcher (part t me ) r Jis ache (p'rt time) pc, ,cL C`r'o€r rA) Tt n•ie. PAUL H. HAUGE GEORGE H. HOEY Village Council Village of Eagan 3795 Pilot Knob Road Eagan, MN 55122 HAUGE & HOEY Attorneys at Law 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 (612) 454-4224 March 6, 1973 Minneapolis Office Suite 2210 • IDS Center Minneapolis, Minnesota 55402 (612) 336-8361 RE: Police Department Aid - Relief and Pension - M.S.A. 69.011 Gentlemen: 0n February 6, 1972, we issued an opinion to the Board of Supervisors concerning a change according to Chapter 695 of the 1971 Session Laws amending T.S.A. 69.011 which expanded the Firemen's Relief Association provisions to include relief to be paid from state aid for police departments also. Essentially, the change provided for funds to go to local municipalities for police purposes from auto liability insurance paid from the State Insurance Commissionerb the County Auditors and distributed to the municipalities. In that letter, I indicated that the statute provides that the funds shall be placed in an "incorporated Police Relief Association or the Special Police Department Fund within the municipal treasury if no Relief Association exists". "I am not exactly certain what the set-up is now in Eagan for relief purposes for policemen, but I understand that they qualify under a state fund, either PERA or a similar fund. It might be that a review of each would be in order to determine whether it would be more logical to switch over to a Relief Association similar to that of the Eagan Fire Department if the funds for police purposes coming from the state must be used for relief purposes only. The statute is not entirely clear in this respect although the instruction sheet from the Insurance Commissioner and the statute appeared to permit the munici- pality to use the money for any police purposes in the broad sense." A request was made to the Town Board to establish a special police fund to supplement the pension relief provisions in effect for the Eagan Police Department. The Board on February 8, 1972 adopted a resolution setting up the fund and desig- nating the usage and providing that it be used for pensions and relief. An application to the State Insurance Commissioner was made and in December, 1972 the first check was received from the County Auditor. This means that there are two alternative uses for the money. Firstly, it can be used for general police purposes with the money placed in a special police fund and secondly, it can be used for retirement purposes under a police relief association. Village Council Page 2 March 6, 1973 Eagan's Police Department is covered by PERA - Public Employment Retirement Association and contributions have been made by the municipality and by the employees for several years. It is my understanding after reviewing several Minnesota statutes including M.S.A. 356.24 that as the statutes now stand, it is not permissible for a governmental subdivision "... to contribute to levy taxes for, or contribute public funds to a supplemental pension or deferred compensation plan which is maintained and operated in addition to a primary pension program for the benefit of the governmental subdivision employees". The prohibition does not apply to group health, hospital, disability or death benefits. This section has to be read in conjunction with M.S.A. 353 which is the PERA statute and M.S.A. 353.64. In the latter, a police officer or fire fighter who by virtue of his employment is required to contribute to any other pension relief or retirement fund established for the benefit of officers and employees of the governmental subdivision shall not be a member of the "PERA" fund. I have talked with Mr. Emil Anderson of the State Insurance Commissioner's office, Mr. Stan Peskar of The League of Municipalities and contact has been made with Mr. Frank Moulton of The State Retirement Board concerning the creation of a Police Relief Association. It appears that if a Police Relief Association had been set-up before the employees went into PERA that this would be permissible where the Police Relief Association would be administered on a local level and Village funds could have been used to finance the Police Relief Association. It is the position of The League of Minnesota Municipalities that in order for the funds to supplement those where PERA exists for police department members, that there is no authority at the present time without special legislation to establish a separate pension system. These funds, however, could be used by the Village to defray the costs of the Villages contributions to the PERA or any other legitimate law enforcement purpose. Veryy yours, HOEY dilete Paul H. Hauge PHH:kw cc: Martin DesLauriers Village Council ••• •••• ••••• •••• ••• Village of apple!' Rosemount, Minnesota 55068 Telephone 612, 432-7105 va ey February 16, 1973 Mrs. Alyce Bolke Village of Eagan 3795 Pilot Knob Road St. Paul, Minnesota 55111 Re: Police Relief Association Funds Dear Mrs. Bolke: I noted in the February 8, 1973, issue of the Dakota County Tribune that the Village of Eagan has approved Articles of Incorporation for a Police Relief Association. Our Police Chief informs me that the police relief association concept has been discussed by the Dakota County Police Chiefs' Association at their monthly meetings and other municipalities are considering setting up such associations. Based on a letter dated November 17, 1972, addressed to the Chief of Police of the Little Falls, Minnesota, Police Department, from the League of Municipalities' attorney, the establishment of such relief associations are discouraged by the League as the law was apparently, accord- ing to the League, not intended to encourage or require the creation of independent police relief associations. The Village Council of Apple Valley has not discussed the issue, but it will be my recommendation to them that the money received under the Police Aid distribution would best be spent for police purposes as provided by the law I concur with the League of Minnesota Municipalities counsel that over the long run, independent police relief associations can become a substantial financial burden on the local municipality and the benefits provided under P.E.R.A. are reasonable and adequate. It is my interpretation of the afore- mentioned November 17, 1972, letter that the establishment of an independent police relief association would make members of that police relief association ineligible to participate in P.E.R.A. I would appreciate being informed of any official actions the various village councils may take with the respect to the establishment of police relief associations. Very truly yours, VILLAGE OF APPLE VALLEY Richard G. Asleson Village Clerk RGA : mm Page 2 Mrs. Alyce Bolke Re: Police Relief Association Funds cc: Mr. Don Darling Village of Rosemount 1367 - 145th Street East Rosemount, Minnesota 55068 Mrs. Marcelline Hemstrom Village of Lakeville 8830 - 207th Street West Lakeville, Minnesota 55044 Mr. Orville Johnson Village of Mendota Heights 2010 South Lexington Avenue St. Paul, Minnesota 55118 Mr. Robert Schaefer Village of Inver Grove Heights 8650 Courthouse Boulevard East Inver Grove Heights, Minnesota 55075 February 16, 1973 [77 LEAGUE OF MINNESOTA MUNICIPALITIES .1Jt� �r Official Cooperative Organization of Minnesota Cities and Villages i V f 3300 UNIVERSITY AYE. S. I .. MINNEAPOLIS, MINNESOTA 55414 PHONE 612/373-9992 November 17, 1972 Mr. Clayton H..Olson Chief of Police Police Department Little Falls, Minnesota 56345 Dear Chief Olson: In your letter of October 26, you indicate that the City of Little Falls Police Department is contemplating creating a police relief association and utilizing the money the city receives from the recently enacted police aid law to finance that association. Frankly, I would discourage the creation of such an association inasmuch as the city police are already members of the Public Employees Retirement Association Police and Fire Fund which is 91% or more funded and with a reasonably liberal benefit schedule. If you wish to improve on that benefit schedule through your local relief association, obviously additional costs will accrue to your city. In any event such an endeavor would require special legislation by the Minnesota legislature. There is no authority„ at the present time for any municipality ---to establish_its_separate_. or supplemental pension system. The passage of the police aid law was not intended to encourage or require the creation of independent police relief associations. It was intended to aid those communities which have already in existence those independent relief associations as well as to provide additional funds for law enforcement in communities such as yours. These funds may be used by the City of Little Falls to defray the costs of the city's contributions to the PERA Police and Fire Fund or any other legitimate law enforcement purpose. I am taking the liberty of sending you a copy of the following reprint from the League magazine dealing with the financial crises experienced by those cities which have local police and fire pension funds. FIRE AND POLICE PENSION FUNDS -"Actuarial Surveys and Analysis" by Frank V. Moulton and Blair Testin and "An Agonizing Reappraisal" by Dean Lund Mr. Clayton H. Olson Page 2 November 17, 1972 We would strongly urge that you consider the enclosed article and that you discuss completely with your local city council. It would seem that the most prudent course to follow is to continue your membership__in_the__.Pubiic_Empoyee-_Retirement Association Police and Fire Fund rather than attempting-to.fund an entirely separate local police relief association. As is our usual policy when questions Dome from someone outside the council we are sending a copy of this letter together with the enclosures to the city clerk. Additionally because the question does involve one of a legal nature we are sending a copy of the letter together with the enclosure to your city attorney for his information. We hope this answers your question satisfactorily. If we can be of further assistance, please let us know. Yours very truly, Louis W. Claeson Counsel LWC : dma Encl. cc: James D. Ring, City Clerk, Little Falls Robert J. Phillips, City Attorney, Little Falls L EAr��Gyy U E OF t'i�L jj 1 N I V E S© 1 A MUNICIPA1 T ES 33OG University Avenue S.E. Minneapolis, Minnesota 55414 Ptionc: Area 612'373.9992 To Municipal Clerks, Miayors and Managers February 25, 1972 The 71 session of the Legislature in Laws 1971 Chapter 695 enacted an aid program to local municipal police departments patterned to some extent after the existing aid to fire departments provisions. The distributable funds are derived from a 1% tax on premiums for automobile insurance coverage. To qualify a municipality need only have a police department organized for more than the year preceding the March 1, 1972 statutory reporting date., However, no state aids will be dis- tributed unless such municipalities certify that fact to the county auditor and ccmmission of insurance on the prescribed form. Certification fortes have been sent to the clerk of each municipality. However certifications to date have been less than expected. In fact some municipal officials have discarded the form. For that reason we have enclosed another form with this letter. It should be completed, xeroxed and filed as noted in the upper righthand corner, as soon as possible. Portions of the aid certification form which have no application to the municipality need not be filled in. If a municipality has no police relief association, it can, normally create a special police fund by resolution and it will then be eligible to receive the aid. Such special funds maybe used for any valid expenditure for the police department and are not confined to relief uses. For such newly created funds, the report form will simpley show police expenditures from the general fund for the year ending December 31, 1971. Any further questions should be directed to Emil Anderson, Insurance Division, Room 21, State Office Building, St. Paul 55155. Phone (612) 296-2325. If a municipality with a police department consciously decides not to accept police aid, this is their prerogative. But, we hope, none will loose this money through lack of information or inadvertence. -r_,,c); Dean A. Lund Executive Secretary SGP:cac Encl. STATE OF MINNESOTA DEPARTMENT OF COMMERCE INSURANCE DIVISION 210 STATE OFFICE BUILDING ST. PAUL, MVMINNES0TA 55155 January 21, 1972 TO MUNICIPAL CLERK ADDRESSED: Re: 1971 Minnesota Session Laws, Chapter 695 (M. S. 1971 Chapter 69) State Aid to Police Relief Associations and Police Departments QUALIFYING FOR STATE AID APPLICABT,F LAW Minnesota Statutes 1971, Section 69.011 Subd. 2(b) "On or before March 1, annually the clerk of each municipality having a duly organized police department as provided in subdivision 4, clause (2) and having a duly incorporated relief association or a special police department fund within its treasury shall certify that fact to the county auditor of the county where the police department is located and to the commissioner on a form prescribed by him together with the other facts the commissioner or auditor may require. Subd.4 (2) Any municipality in this state having for more than one year an organized police department established by the governing body of the municipality may qualify to receive state aid." METHOD OF APPORTIONING STATE AID Twenty percent of the State Aid available will be paid to the treasurer of the police and fire fund of the public employees retirement association to be applied against the deficit of the police fund. The remaining eighty percent shall be distributed to the counties for apportionment to municipalities maintaining police departments. One half of the state aid available for apportionment to the counties shall be distributed to each county on the basis each county's adjusted population, as shown by the last official statewide federal census, bears to the total population of the state. The other half of the state aid available shall be apportioned pn the basis each county's adjusted latest available assessed property valuation,(including tax exempt values, excluding mineral values) bears to the total of such assessed property valuation of the state. The population and assessed property valuation of each county will be adjusted to take into consideration areas furnished contracted police protection service in other counties. The county auditor will apportion the aid to the qualified municipalities or police relief associations in the state on the same basis as the aid is apportioned to the counties i.e. in proportion to the population and assessed property valuation of the area furnished police protection by each qualified municipality bears to the total population and assessed property valuation of all areas receiving police protection in the county. In order to receive credit for furnishing police protection to areas outside the municipal limits, the municipality must file two properly executed police service agreements -with this .office. DISPOSITION OF STATE AID The municipal treasurer shall within 30 days after receipt of the state aid from the county pay it over to the treasurer of the duly incorporated police relief association, if there is an association incorporated. The association may use the money for pension or relief of policemen. If there is. no duly incorporated police relief association, the state aid east be deposited in the "Special Police Department Fund" in the municipal treasury to be used for police purposes. CERTIFICATION OF POLICE EQUIPMENT AND PERSONNEL STA'1'Li NT OF RECEIPTSDISBURSEMENTS AND BALANCE OF SPECIAL POLICE DEPARTMENT FUND The clerk of the municipality must certify to the information called for on the front of the enclosed certificates. All interrogatories should be completed. If a question is not applicable, indicate "N A". The information called for will be used to determine the degree your police department is organized and enable us to properly apportion the state aid. The statement of receipts, disbursements and balance of special police department fund should be completed by municipal treasurer or person acting in the capacity of treasurer. The allocation of administration expense by activity section should be completed by a qualified member of the police department. LAW OFFICES STALLAND & HAUGE 2340 DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 AREA CODE 612-336-8361 Village Council Village of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 LUTRRR M. 9TALLAND PAUL H. HAUOR GROWN! H. HORY January 10, 1973 RE: Eagan police Department Relief Association Gentlemen: 3908 SIBLEY MEMORIAL HIGHWAY EAGAN, MINNESOTA 55122 AREA CODE 612 - 454-4224 The Minnesota Legislature during the 1971 Session established a state aid program for police relief associations. In the Act a 1% tax was placed on the insurance premiums for auto liability, bodily injury and property damage coverage. Of the total amount for apportionment in respect to police state aid, 80% shall be distributed to the counties for apportionment to municipalities maintaining police departments. The county auditor then apportions the aid to the municipalities in the same manner that state aid is apportioned to the counties i.e. one half in proportion to the population and one half in proportion to the assessed property valuation of the qualifying municipalities in the county for which aid is proportioned. The municipal treasurer must within 30 days after receipt of the funds pay it over to the duly incorporated police relief association of the police department or to the special police department fund. In February, 1972, Chief DesLauriers requested the Town Board to establish a special police fund to use the money to be received under the new state aid program to supplement the pension and relief provisions in effect for the Eagan Police Department. The Town Board, on February 8, 1972 passed a resolution setting up the fund and designating the usage for pensions and relief. Application was then made to the appropriate state agencies and in December, 1972 the first check was received from the county auditor. In order to have an orderly and systematic method of handling and investing these funds the police department has suggested the establishment of a duly incorporated police relief association similar to the one in existence for the volunteer fire department. Pursuant to Minnesota Statutes it is necessary for the local governing body to ratify Articles of Incorporation and By -Laws for any police or fire association. A copy of the proposed Articles of Incorporation are attached. Once the Articles have been ratified and filed with the Secretary of State, the Board of Trustees can meet to consider and adopt by-laws which also will need ratification by the Council. Ve, y truly your George Ho T GHH:kw Enclosure cc: Mrs. Alyce Bolke Mr. Martin DesLauriers ARTICLES OF INCORPORATION OF THE EAGAN POLICEMEN'S RELIEF ASSOCIATION WE, the undersigned natural persons of full age, for the purpose of forming an incorporated policemen's relief association under and pursuant to the provisions of Minnesota Statutes, Chapter 317, do hereby associate ourselves together as a body corporate and adopt the following articles of incorporation: ARTICLE I Name and Title. The name of this corporation is "The Eagan Policemen's Relief Association". ARTICLE II Purpose. The general purpose of this corporation is to raise, receive, keep and administer all funds coming into its hands from any source for the support and relief of its members and their dependents or for any other purpose, and to pay out the same as provided by the by-laws of the corporation and by the laws of the state; to pay pensions and give other financial assistance to its members in case of old age or sickness or disability incurred in line of duty as a policeman; to provide for the widows and children of deceased members by the payment of such pensions and death and funeral benefits as the by-laws and the laws of the state may prescribe; and to do each and every- thing necessary or desirable to carry out the puposes hereof and each and every thing authorized or permitted by law to corporations of this kind. ARTICLE III This corporation shall not afford pecuniary gain, incidentally or otherwise, to any of its members. ARTICLE IV The duration of this corporation shall be perpetual. ARTICLE V The location of the registered office of this corporation shall be the Village of Eagan, Dakota County, Minnesota. ARTICLE VI The name and address of each incorporator are as follows: NAME ADDRESS Jay M. Berthe 4323 Sandstone Drive Eagan, Minnesota 55122 Kenneth D. Aszmann 2945 Eagan Avenue Eagan, Minnesota 55122 Peter P. Poppler 1310 Lone Oak Road Eagan, Minnesota 55121 AREA COPE 61. PHONE 336 -6361 LAW OFFICES ST& .%1.I.A sTn� I)ATx TOWER SUITE MINNEAPOLIS, MINNESOTA 55402 LUTIIEH STALLANG PALLH.HAOOE GEOHOE H.HoEY February 2, 1972 Board of Supervisors Eagan Township Dakota County, Minnesota_ MSA 69.011 Re: Police Department Aid - Relief and Pensions Gentlemen: the 1971 session laws Legislature The Minnesota Leg enacted Chapter 695 of amending MSA 69.011, etc., which expanded the Firemen's Relief oll ss ci ation s paid from state aid for p provisions to inncluude rreelief to be also. aid prior to 1971, the police department and casualty provision for p rovision and requires fire damage policies Although statute there awls aexpands the aid p and property new insurers greatly bodily injury auto liability, which write and similar to what fire insurance carriers pay to the to pay into the state f state. an organized Police organized towns having special Police Eac which includes org association or Department tmetmunicipality, an incorporated relief annually on or Police Department and having shall certify its treasury, on prescribed forms. March fund Cwounty nAuditor information requested March 1 to the County police purposes one half in the state aid for the assessed pTroeportion onionCounty Auditor apportions and one half in proportion to proportion to the population trite• property valuation of the municip al treasurer shall place the funds the municipal treasurer Police Relplace Association Under 69.031 Subdivision 5, a1 treasury Aifssociation no the County Auditor in thWlthin the municipal received spefrocial Department fund of the special Police Dep relief association exists. is now in Eagan for relief purposes either qualify under a stateel fund, I am not exactly certain what the Setup each woulbe either order policesmen, but I understand thate they review of e a relief for It might be o to t a ne her erfuit logical to switch over to ar to that of the Fire Department if the funds for police to determine whether would be more association similar STATE OF MINNESOTA DEPARTMENT OF COMMERCE INSURANCE DIVISION 210 STATE OFFICE BUILDING ST. PAUL. MINNESOTA 55155 January 21, 1972 TO MUNICIPAL CLERK ADDRESSED: Re: 1971 Minnesota Session Laws, Chapter 695 (M. S. 1971 Chapter 69) State Aid to Police Relief Associations and Police Departments QUALIFYING FOR STATE AID APPLICABLE LAW Minnesota Statutes 1971, Section 69.011 Subd. 2(b) "On or before March 1, annually the clerk of each municipality having a duly organized police department as provided in subdivision 4, clause (2) and having a duly incorporated relief association or a special police department fund within its treasury shall certify that fact to the county auditor of the county where the police department is located and to the commissioner on a form prescribed by him together with the other facts the commissioner or auditor may require. Subd.4 (2) Any municipality in this state having for more than one year an organized police department established by the governing body of the municipality may qualify to receive state aid." METHOD OF APPORTIONING STATE AID Twenty percent of the State Aid available will be paid to the treasurer of the police and fire fund of the public employees retirement association to be applied against the deficit of the police fund. The remaining eighty percent shall be distributed to the counties for apportionment to municipalities maintaining police departments. 0ne half of the state aid available for apportionment to the counties shall be distributed to each county on the basis each county's adjusted population, as shown by the last official statewide federal census, bears to the total population of the state. The other half of the state aid available shall be apportioned on the basis each county's adjusted latest available assessed property valuation,(including tax exempt values, excluding mineral values) bears to the total of such assessed property valuation of the state. The population and assessed property valuation of each county will be adjusted to take into consideration areas furnished contracted police protection service in other counties. The county auditor will apportion the aid to the qualified municipalities or police relief associations in the state on the same basis as the aid is apportioned to the counties i.e. in proportion to the population and assessed property valuation of the area furnished police protection by each qualified municipality bears to the total population and assessed property valuation of all areas receiving police protection in the county. In order to receive credit for furnishing police protection to areas outside the municipal limits, the municipality must file two properly executed police service agreements...with this office. DISPOSITION OF STATE AID The municipal treasurer shall within 30 days after receipt of the state aid from the county pay it over to the treasurer of the duly incorporated police relief association, if there is an association incorporated. The association may use the money for pension or relief of policemen. If there is no duly incorporated police relief association, the state aid must be deposited in the "Special Police Department Fund" in the municipal treasury to be used for police purposes. CERTIFICATION OF POLICE EQUIPMENT AND PERSONNEL STATEMENT OF RECEIPTS, DISBURSEMENTS AND BALANCE OF SPECIAL POLICE DEPARTMENT FUND The clerk of the municipality must certify to the information called for on the front of the enclosed certificates. All interrogatories should be completed. If a question is not applicable, indicate "N A". The information called for will be used to determine the degree your police department is organized and enable us to properly apportion the state aid. The statement of receipts, disbursements and balance of special police department fund should be completed by municipal treasurer or person acting in the capacity of treasurer. The allocation of administration expense by activity section should be completed by a qualified member of the police department. STATE OF MINNESOTA DEPARTMENT OF COMMERCE INSURANCE DIVISION 210 State Office Building Saint Paul, Minnesota 55155 CERTIFICATION OF POLICE EQUIPMENT AND PERSONNEL Application for State Aid for Police Service) FILE: 1 with Insurance Division 1 with Public Examiner 1 with County Auditul 1 Retain See instruction on back. Name of Municipality Address Zip Code County 1. Was Police Department established by governing body of municipality By ordinance Other Date organized 2. (A) Name of Police Chief (B) Name of Public Safety Director.__-._______ 3. Population of municipality (according to latest available statewide federal census) Population of outside service area 4. Total latest available assessed property valuation of municipality (including exempt property excluding mineral values) S Same assessed property valuation of outside service area(s) S 5. Class of municipality: City of First Class City of Second Class Third Class Fourth Class Other (Specify) 6. Type of organized police department Paid Partially paid Other (Specify) 7. (A) Number of certified supervisory full part time salaried nonsalaried__*police officers. (B) Number of other certified full. __part time *police officers. (C) Number of constables (D) Number of police officers having power to arrest with without warrant. 8. How are police officers selected Appointed Elected Civil Service Does municipality have recruitment standards? Number of Police officers completing basic refresher supervisory police training course. Their training courses Specify 9. Does your municipality receive contracted police protection from county sheriff or other municipality Name of municipality or county Full part time protection. Annual contract prices______ 10. Are policemen covered by pension plan Type Pera Other (Specify) 11. (A) If your municipality has an incorporated policemen's relief and retirement association, give date organ- ized Date incorporated Name Address (B) Has financial report of relief association been filed with municipality Date filed with state Date___ _— _—Date of last audit Date filed with state 12. Police Motor Vehicles - Specify Number Sedans Station Wagons Trucks Ambulances (Other) Crime Lab Motor Cycles: 3-Wheel 2-Wheel Scooters Other (Specify) Aircraft: Helicopters Fixed Wing 13. Police Radio -Communications: Transmitter (Base Station) If no, do you contract with others (Specify) Statewide Teletype Other (Specify) 14. (A) Total estimated market value of all equipment S Building $ (B) Total current budget for police service S Personnel $ Equipment S 15. Does your municipality furnish contracted police protection to adjoining city, village, bourough, town or township? If you desire credit for servicing these areas, please list and file two copies of the police service agreement with this office. Municipality Receiving Protection Sec. Twp. & Range No. County Total Population Total Assessed Prop. Val. % Served Inception Date Expiration Date Date Filed With State __1_�_�--.�..._ I certify that to the best of my knowledge and belief, the facts presented above are true and correct. Date (Over) Signed - Municipal Clerk (Seal) To be completed by Treasurer or equivalent of municipality: STATEMENT OF RECEIPTS, DISBURSEMENTS OF SPECIAL POLICE DEPARTMENT FUND AND BALANCES FOR YEAR ENDING DECEMBER 31, 19.... 1. Cash balance January 1, 19_ S RECEIPTS 2. State aid for police 3. Property tax 4. Federal grants: (List) 5. Employees contribution for relief and pension 6. Interest 7. Private and other (List____ 8. Total Receipts (Line 2 to 7) 9. Total Receipts and Cash Balance (Line 1 plus Line 8) DISBURSEMENTS 10 Administration: Salaries S__ _Other S 11. Pensions, benefits and relief of pot icemen 12. Dues, fees and assessments to associations 13. Acquisition and replacement of equipment S buildings $__ 14. Maintenance and repair of equipment S buildings $ 15. Other: (List►_ and and S 16. Total disbursements $ 17. Cash balance December 31, 19_iLine 9 minus Line 16) $ I certify that to the best of my knowledge and belief this financial report is a true and correct statement of receipts, disbursements and balances of Special Police Department Fund on December 31, 19 . Date To be completed by certified police personnel Signed - Muntcipai Treasurer The following information is requested to assist implementation of a statewide plan for the criminal justice system. Of the total dollar amount for Administration (Line 10, above), estimate the percentage and dollar amount disbursed for: (1) Crime — related activities: a) Prevention, suppression, apprehension, investigation b) Court related activities (preparation for trial and trial) (2) All other police activities Total of lines 1 and 2 Dollar Amount S S S 100% S Name of Person Submitting Information INSTRUCTIONS Clerk to File Certificate: On or before March 1 annually the clerk of each municipality having a duly organized police department and having a duly incorporated relief association or a Special police department fund within its treasury shall certify that fact to the County Auditor of the County where the police department is located and to the Commissioner on a form prescribed by him together with the other facts the Commissioner or Auditor may require. Failure to File Certificate Deemed Waiver If the certificate is not filed with the Commissioner within the time prescribed, the municipality shall he deemed to have relinquished its rights for the year to the state aid. Failure to receive the certificate form cannot be used as a defense for not filing. Filing: Municipal Clerk (of all municipalities) and Treasurer (other tnan municipalities having Police Relief Asso- ciations) prepare four copies of this certificate as soon as possible before March 1, annually, send one properly executed original copy to the State of Minnesota, Department of Commerce, Insurance Division, 210 State Office Building, St. Paul, Minnesota 55155. Send one properly executed copy to the State Public Examiner, State of Minnesota, State Office Building, St. Paul, Minnesota 55155. Send one copy to your County Auditor and retain one copy for your files. DEFINITION OF POLICE OFFICER FROM M.S. SEC. 353.01 (22) *"Police Officer" means any person who is regularly employed by a governmental subdivision serving on active duty with a designated police department or having charge of a police department engaged in the hazards of pro- tecting the safety and property of others and having the power to arrest by warrant. CLERK'S OFFICE Town of Eagan DAKOTA COUNTY, MINNESOTA A. F. RAHN CLERK Mendota, Minn. 193_ .. -ems. �� tz (// CLERK'S OFFICE Town of Eagan DAKOTA COUNTY, MINNESOTA A. F. RAHN CLERK Mendota, Minn. 4,2 j ZO—D 193_ P v � c ice.,, l�Jey sz, It t1 / , fr/ e . 0 ( 4f c / o p c w ' 2�' .zga,„2-‘4,4,-,74„6,( y� it w` ter/ 4r-e-c 44-•-t-` 4,r.r.‘4,/fo./.1e;/.4:f t_.tofe•-?.(4.e,d ""14-'42--c•-a-*44.. 4;4, Cw^ ' :_; VI_...'i . ()N 7flM L.;T:i A Try PAETr77rr; 7EN7 pursuant to the comb l€,int of James 5i:ott who owns and occupies the E . a of the V, 4 of Sec. 19 and N.E. '°, of the _'y.' . 5 of Sec. 30, T. 27, Range 2 , in the To rns?,ip of Eagan , County of Dukota, Str:,te of Minnesota, that Mn, Ed. Do"fey who owns and occupies the S. 1 of the of Section 19 rand the .., . z of $be. 30, Township , Fame 2 , in the Townehip of Eagan, County of Dakota, State of 'innesota, fails to and neglects to rebuild her share of the part i t. i on fence bet 'eon said lr. nd e, bnd pursuant to not icc to all said parties of the time raid p1Fice c f such meetin , the undersigned Fence Viewers of the Town of Eagan, in s•.id County a..,.:: Sttte :did meet at the time and r•lace . pecified in sr:id notice, viz: on the 26th day of "et. 1933, at 2 o'clock P. M. on said line between et id 1r_:ud e, did examine the said line < nd the s, id fe_ic , hetrd all said parties, and con.Idered the same, and do heresy determine as follo ..' ; ?first:-- that said partition fence aet.vee:: sa&d lands Is necessary; tad th€.t fence Is now insufficient, as such partition fence s econd:--that Bain comrl, inant rebuild as his part and e,h. re of s id partition fence tht;t mart thereof described ae fo110 /s: the south one- half. Third:--T'r:_,t 1>.iJ Ira-. Ed Coffey re:.uild as her part ant share of said partition fence that part thereof described follows, to wit: The North one half, before the 1st day of May, 1934. Fourth; That all parts of said partition fence be o bii 1t, rebuilt, repaired :nd 'Ibintaiued o as to constitut a legal fence, 47 inches hi-_;h with one barred wire on top and poets one rod apart, under the laws of the State of Minneeota. Date.;: (,'t, 26, 1933 _ _ _ Town board :.n. +'e. ''e Vie 7ers I hereby certify that T have com- pared t e within instrument, with the ori. .n 1 'hereof . on file in my office, and th t it is a true and correct copy , p the same. Dated: J 21.►', 1954 !7—'d Town Clerk NOTICE TO IRS. ED COFFEY: YOU ARE HEREBY NOTIFIED That the Board of Supervisors of the Town of Egan, acting in the capacity of fence viewers, will, on the day of October, 1933, at o'clock U• M. view the fences between your land and the land of James Scott, which said fences are located on the Westerly line of the SE 1/4 of the SW 1/4 of Section 19, and the 7 esterly line of the NE 1/4 of the NW 1/4 of N Section 30, in the Township of Egan, Dakota County, Minnesota. Said inspection will commence at the Northerly end bf the W€sterly line of the aE 1/4 of the ST 1/4 of Section 19. CHA IRMAN BOARD OF SUPERVISORS. f;r-w .1401(4.1,A.b.-g .rozr.v j-te1264-d l‘t/rf3� a2d. lf33 -14 4a4le.14. -M#C4/7 • 41116 4c-ci A4-d, ✓(ti-16,7/( �vlaHw O a,t4,-kc,c /-6zz4 4-z,e--i-kve-114;2 ..tV NOTICE TO JAMES AND THOMAS SLUTER: YOU ARE HEREBY NOTIFIED that the Board of Supervisors of the Town of Egan, acting in the capacity of fence viewers, will, on the ,qaday of October, 1933, at , / o'clock view the fences between your land and the land of James Scott which said fences are located on the Northerly line of the, SE 1/4 of the F\i 1/4 of Section 19 and on the Southerly line of the BE 1/4 of the 01/4 of Section 30, in the Township of Egan, Dakota County, Minnesota. Said inspection will commence at the Easterly end of the Northerly line of the SE 1/4 of the SW 1/4 of Section 19. CHAIRMAN BOARD OF SUPERVISORS, No. 80. Determination cf Fence Viewers on Complaint as to Partition Fenc: Miller -Davis Co., Mfg. Stationers, Minneapolis, Minn. Pursuant to the complaint of who owns and occupies the • Jetm- of Section 3 49 , Township 27 , Range , County of .... " ' ' , State of Minne ta, at ... iiiktelooe.. i - who own* and occupil the .7#1 of Section, ,3 0 Township. , Range t*share of the partition fence between said lands, and pursuant to notice to all said parties of the time and place of such meeting, the undersigned Fence Viewers of the Town of S in said County a d State, did meet a the time and place specified in, said notice iz: on the .4 day of , 19..3,1.., at o'clock .. .................... M. on said line between said lands, did examine the said line and the said fence, heard all said parties, and considered the same, and do hereby determine as follows: First: —That said partition fence between said lands is necessary; and that the said fence is now insufficient as such partition fence: Second: —That said complainantS , f ait and neglectr to (Bui d, Rebuild or Repair.) , in the Township of (Build, Rebuild and Repair.) as Ws part and share of said pal taonJf/e�nce that part thereof des ribeed follows, to -wit: Third: —That said partition before the (Build, Rebuill or Repair.) described as f; lows, o-wit: day of s his part and share of said , Fourth: —That all partt,gf said partition term..? be ' built, rebuilt, repair eti and maintained so ,// i., :i 1 c_ rce rc n vC ic1 ; OEI as to constitute a legal f ence„under the laws of the State of .Minnesota. , i e r c L:pL.rt Dated...Ci /I • , 19.J.3.. al4;149/- 7740-01-2,!te • Town Board and Fe Viewers. LEG✓IL FENCES UNDER L.IWS OF J6IINNESOT,4. I. WOVEN B,/4RBED WIRE: —8.2-inch woven wire and 2-barbed wires; posts not more than 1 rod apart; first barbed wire not nwre than 4 inches above woven wire, second barbed wire not more than 8 inches above first: WOVEN BIIRBED WIRE: —Not less than 40-inch woven wire and 1 barbed wire; posts not more than. 1 rod apart; barbed wire being not more than inches above woven wire: WOVEN WIRE: —'Woven wire not less than 43 inches high and 1 barbed wire not more than 4 inches above woven; posts not more than 1 rod apart. BARBED WIRE :—Not less than 4 barbed wires with 40 barbs to rod; posts not more than 1 rod apart; top wire not more than 48 inches high; bottom wire not less than 12 nor more than 20 inches from ground: OTHER FENCES. —All fences of rails, timbers, wires, boards, stone walls, or any combination thereof, or streams, lakes, ditches, hedges, which Fence Viewers shall consider the equivalent of the fore- going fences. •8p99a fo adlely7921 ment was filed in my office jice for record, pwo oioolo‘o I hereby certify that on the 'spaaU Jo za;s!Vag Jo aagp Wuad UOPPJEd Uo 10 Decision of Fence Viewers fo dnjsu,noj `1Josauum Jo ann;s a°?1,01,<,,a,x44,y64 Gt./.1,ce 41. /4 1 3 .-‘;?1•& 1.7V </i�e9a•�!vs/4<c.3o�.,;,• titCPW7 i;tt gas-r/ oTA9-&; ,y :441'k • gi if / 74/a1' .4/ . . 1.ae-c. "(fY "zi6 V./ 3of 4,;4,,74atzr/k÷/17a-oti Z14-4-e-a--01:pE + /tfi�..-em�. ��.%/P .4t4a 4,A"e i4.4;t,6 6t.&ee yge 1-244e.eyi.es‹.47:nzee5 (V14 ,t2_e?.te fe-4a 4,shidf.6 ,-/Z.44-e44r(Or2 /ifSe d c_t&A e dc,ref, a 7 (2.,c,1:,p a,ke e '"€14-4"- 66:tet, " .f)Q _ _ 44-eart ,ce..f a-0 4.0/244,49 IXAI/aczea /j "(-6)0(f p40 /14-4.0.496aLee. ,441,4;4441 V� 4V-h /,‘,/ 4-124/c, VLAIA_a et_t.ee t 4,4ef ,Sa.teedd 4, /33 No. 80. Detcrminatioi. cf Fenc2 Viewers on Complaint as to Partition Fence Miller -Davis Co., Mfg. Stationers, Minneapolis, Minn. Pursuant to the complaint of who owns and occupies the •f...!, ./ J• /, 2,SV /9 i of Section , Township , Range �j ., in the Township of County o f �'�/... , State o f Minnesot s , hat ... .. .. .... . �.., .. who owns and occupies / the W . - ....... ' of Section / 9 ' • Township 91 7 , Range'1 3 , fails and neglects to (Build, Rebuild and Repair.) his share of the partition fence between said lands, and pursuant to notice to all said'parties of the time and place of such meeting, the undersigned Fence Viewers of the Town, of in said County an State, did meet the time and place specified in said notice viz: on the (Pl day of , 19.6 3 , at / o'clock Jr. on said line between said lands, did examine the said line and the said fence, heard all said parties, and considered the same., and do hereby determine as follows: First:— That said partition fence between said lands is necessary; and that the said fence is now insufficient as such partition fence: Second: —That said. complainant (Bui d, Rebuild or Repair.) as his part and share of said Won fence, that part thereof described as follows, to -wit: c Third: —That said (Build. Rebu ll or Repair.) as his part and share of said partition fence that part thereof describas follows; to -wit: before the /lye day ,193 Fourth: —That all pgrts of said partition fence be sovliuilt, rebuilt, repaired and maintained so 1'.i. ni:}1lit ter as to constitute a legal fendunder the laws of the State of Minnesota. 2bT ,19.33. rG:, . Lrt Town Board and Fens:%":ewers. LEGAL FENCES UNDER LAWS OF MINNESOT„5(. I. WOVEN 4. BAR.BED WIRE: —82-inch woven wire and 2-barbed wires; posts not more than 1 rod apart; first barbed wire not more than 4 inches above woven. wire, second barbed wire not more than 8 inches above first: WOVEN 4 BARBED WIRE: —Not less than 40-inch woven wire and 1 barbed wire; posts not more than, 1 rod apart; barbed wire being not more than !i inches above woven wire: WOVEN WIRE: —'Woven wire not less than 43 inches high. and 1 barbed wire not more than. 4 inches above woven; posts not more than 1 rod apart. BARBED WIRE: —Not less than 4 barbed wires with 40 barbs to rod; posts not more than 1 rod apart; top wire not more than 48 inches high; bottom wire not less than. 12 nor more than 20 inches from ground: OTHER FENCES. —All fences of rails, timbers, wires, boards, stone walls, or any combination thereof, or streams, lakes, ditches, hedges, which Fence Viewers shall consider the equivalent of the fore- going fences. w Ct b Lf •82399a fo Jags'Ini P to, oe P 4 R R i 0 P+ L r. b °o o minutes M., the within, instru- ment was filed in my office for record, ti co k P pup otao2o‘o P. o arf� uo 2�21? fzfy.taa hgaaail I 4 Qo - r. 4 `spaaa Jo Ja;si$ag Jo as {p °J3U3d UOIjI Jed u0 Decision of Fence Viewers f o drttsu.no,L 0 4 o `13osauum Jo ales City of Eaall Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Dave Osberg City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. October 26, 2016 VICTIM IMPACT STATEMENT May it please the court, as Mayor of Eagan, Minnesota, and on behalf of our residents and staff, allow me to comment on the harm done by two intentional arsonists to Eagan's historic 1914 Town Hall. This cowardly act in the in overnight hours of a September morning, three years ago, did not just strike at a treasured building —the only one of its age and kind —in Eagan. It struck at the heart of our community's sense of safety and well-being. It severely damaged the present generation's connection with its past. As the Vice -Chair of our Historical Society, Kim Hazel, noted at the time, "We've lost original photos and news clippings, old town maps and original glass in the windows dating to 1914." These things, she said "are irreplaceable." Further, the taxpayers of Eagan were harmed by the substantial unplanned expenditures —most not covered by insurance —to try to repair the damage and to preserve the artifacts that could be saved. A community like ours cannot simply write off its history as a loss. Mr. Damron and his brother also struck at Eagan's core institutions. Upset at police seizures during theft investigations in 2006 which occurred in more than 8 Minnesota communities, upset at an unsuccessful lawsuit against Eagan Police, rather than return to a court of law, they lashed out in a cowardly way by setting fire to the then nearly century -old Town Hall on the eve of the building's planned centennial celebration. Eagan residents have asked, "Why would anyone do such a thing?" Others commented, "It made me sick." Still other residents called it a "senseless act." 18 years prior to the Eagan arson, Mr. Damron deprived 20,000 Fargo residents of phone service by cutting 19 thick underground cables. Clearly he has not changed his criminal behavior because his actions in Eagan damaged 66,000 residents and our ability to access our past. To recover from this deep wound, we must be given the chance to build a positive future. Please do not give this vengeful person an opportunity to damage Eagan once again. Arson allegations are extremely difficult to prove. Were it not for the great professionalism and diligence of the Eagan Police department in building a solid case backed by the evidence, these perpetrators would not have been brought to justice. In sentencing, we ask that justice and accountability be applied to the fullest extent possible. Respectfully Submitted, Mike Maguire Mayor of Eagan sunthisweek.com http://sunth isweek. com/2014/09/10/restoration-of-fire-damaged-town-hall-looks-likely/ Eagan to restore Old Town Hall, but where? By Jessica Harper Officials table decision on location, look at fundraising to help cover costs Eagan's Old Town Hall will likely be restored after being damaged last year by a fire, but where the historic building will stand is still undetermined. In a Sept. 9 workshop, the Eagan City Council agreed the town hall should be restored, but said they need more information before deciding whether keep the 100-year- old building at its current location at Wescott and Pilot Knob roads or to move it across the street onto the present city hall property. The historic building served as Eagan's official Town Hall until 1965. For the past several decades, it has functioned as a museum with displays and artifacts from the city's history. Eagan's historic Town Hall was severely damaged in a fire last year that police say was a result of arson. City officials have expressed interest in restoring the100-year-old building but have not yet decided whether to relocate it on to Eagan's municipal campus. (File photo) The building was severely damaged by arson last year and has remained in disrepair while the city considered preservation options. A majority of council members expressed interest in moving the town hall to the municipal campus, which includes the Eagan police station and city hall. "Part of the council's goals is quality of life and preserving our history," Mayor Mike Maguire said. "I feel this is part of meeting those goals." Maguire also noted that a 2007 master plan for the city examined moving the Old Town Hall to the city hall property. However, several council members felt a little sticker shock when presented with moving options by representatives from Mohagen Hansen Architectural Group and McDonald Mack Architects. The priciest option presented Tuesday night is estimated to cost between $773,500 and $850,800 and includes a basement under the Old Town Hall. The second option carries a price tag of between $658,700 and $724,000 and includes a crawl space instead of a basement. Both options include the installation of heating and cooling systems. Concerned about the cost of both options, city officials developed a fourth moving option that would include basic renovations. This plan would call for renovating and restoring the building to its previous condition, smoke abatement, new insulation, a new entry, electrical and mechanical updates and fire and security systems. Representatives from Mohagen Hansen and McDonald Mack are expected to present cost estimates for that option at the council's Nov. 12 workshop. The council will likely decide on the issue at that time. Although most council members supported moving the building, council members Paul Bakken and Gary Hansen, who will face an election this fall, favored keeping the town hall at its present site, which is the least expensive restoration option at an estimated $376,000 and $417,000. "I feel the Old Town Hall is worth investing in, but I feel it should be minimal," Bakken said. Bakken and Hansen said they believe funds to pay for moving or additional renovation expenses should come from private fundraising efforts. iIs iI1 n �. r 98 �• `..n. .n•. n al O in0, m -s fD �• U] •-- O P1 o @ o o e o o ri-a C m e 79a,pl. E',., Yfl o amsScR'o5m-<. o -r �:ry, CD p,!JU I..p O CDcit, CAD c-�= 0.` woo0, ro�m�.w • 5-fig r, &ff �a�m m CJ 7 n. = ry O 0. CD - CD ¢, - : pCr ci2a 5. 5m_, ,..,. �! a 5 m - ®• • OR = CD rrnn o. O) e`$ cCDD O n o -• ems a n CD -.(D 'O f° o 0. CD Cr' 'uiU -. • �o V)' 5--0 o=0-5.= I.m. moo. '-4Sa 6�'� • ton A, o CD -C3 r- -s O. n O § S < m = Oy R, �COrq Ac5 ,C.e-'� O 5:.....5O lit• 'O- 0 "� q. c • �� O =4 Vp � P, O `..' n cC O+ CD v, g E. ca CD• 0 � oc5m � Sn cC4to�m �� n � so o `� o v'� � s , c o v o 5 0" CD CAD om CD m 5a I mr,- m c FT SEPTEMBER 10, 2013 • STAR TRIBUNE • Firefighters called to the scene of Sun- day's fire in Eagan man- aged to carry out nearly everything that wasn't bolted down. 10E1 KOYAMA joeLkoyama@ startribune.com Most artifacts saved after suspicious fire at 99-year-�ld Eagan Town Hall e Displays depicted early government, community and farming life. By PAT PHEIFER pat.pheifer@startribune.com Many of the flags, photos and other artifacts displayed in the old Eagan Town Hall can prob- ably be saved. It's too early to say, though, whether the building that was the center of town government from 1914 to 1965 can be saved after a suspicious fire early Sun- day heavily damaged the struc- ture, Eagan Fire Chief Mike Scott said Monday. Inside the 99-year-old build- ing at the corner of Pilot Knob and Wescott roads were pho- tos and displays about town government, farming and com- munity life; the original pot- belly stove and the original table where members of the town board gathered; a 48-star J.S. flag and three variations of the Eagan flag; a cradle hand carved in the 1800s; and a small anvil where a farmer might have made his own nails or horse- shoes — all remnants of an Eagan that is long gone. A flag that inexplicably braided itself during a past windstorm was a casualty of the fire, said Joanna Foote, com- munications coordinator for the city of Eagan and staff liaison for the Eagan Historical Society. The fire was spotted by a police officer about 5 a.m. Sunday, Scott said. The initial blaze was put out in 20 min- utes, he said, although it took another hour to fight hot spots in the attic. Forty volunteer firefighters responded, some extinguishing the blaze, oth- ers collecting anything that wasn't bolted to the floor in the wooden one -room building. Scott said that the cause of the fire is under investigation but that he is "pretty confident it wasn't an accidental cause." He said he couldn't elaborate until the investigation is complete. A damage estimate wasn't available; a contractor will be hired to see what can be fixed. The artifacts, of course, were priceless, Scott said. The photos, artifacts, maps and other items saved by fire- fighters were taken to a profes- sional restoration company to see what can be saved. "We can't thank them enough," Foote said of the fire- fighters. "The fact that they even thought to do that in the midst of what is already a rl i i- cult job. "Tables, chairs, benches — all of it came out. Steamer trunks, every framed artifact, every snippet of newspaper clip- ping that might be clinging to a wall," she said. "It's truly amaz- ing. The only things they didn't bring out were the things physi- cally attached to the walls [and] a milk cart that wasn't able to fit through the doors." By the time Foote arrived early Sunday, everything had been methodically stacked in the driveway. She and other members of the Historical Society spent the day sorting and cataloging the items before sending them to Service Master. "We hugged, we cried," Foote said of the workers. "But the big thing was: Let's make sure we can preserve this and make it available to the community and the next generation." The old Town Hall and the displays had been curated by the Historical Society since the mid-1990s. Foote said that there were open houses there in the spring, summer and fall and that a committee was planning how to celebrate the building's 100th anniversary next year. The agenda has changed dra- matically for Tuesday's meeting of the Historical Society. "The intent is to figure out how we move forward and how we continue our mission," Foote said. Pat Pheifer • 952-746-3284 3-rTbuv cRJDl A M TwinCities.cam St. Paul Pioneer Press Eagan Arson investigated in old town hall fire Some museum items damaged By Alyssa Anderson aanderson@pioneerpress.com The fire that ravaged Eagan's Historic Town Hall early Sunday morning is being investigated as arson, according to the Eagan Fire Department. No arrests had been made as of Monday afternoon, but the fire department has a couple of leads in the case, according to Eagan Fire Chief Michael Scott. "Everything is pointing to arson," Scott said. The fire- discovered about 5 a.m. - ivas extinguished almost immediately. The 1914 building serves as a museum for the city's historical soci- ety, and city officials are try- ing to salvage what damaged items, including flags, farm tools and photos that in some cases are more than a centu- ry old. City officials didn't have a damage estimate Monday. "The fire department was amazing," said Joanna Foote, a spokeswoman for Eagan. Foote credited firefighters with helping to save artifacts from the town hall. Preservation and restora- tion has begun. she said. Sal- vaged photos had been removed from frames to be dried by Sunday night. The. Minnesota Historical Society offered its help Mon- day morning. "A lot of stuff inside is dam- aged and can't be replaced —. that's the sad part," Scott said. "You know, when you have a fire, TVs can be replaced ... old documents and photos cannot. "We are hopeful to bring the people, or person, to jus- tice," he said. Dear Honorable 1 am sorry as I wish I could be court today, but 1 am involved in important City business elsewhere but have asked Ms. Bovitz to read this letter on my behalf I write as the Chief Law Enforcement Official who was responsible for the investigation of Michael Damron (a.k.a Wade Arvidson). In my 28 year career with the Eagan Police Department, including the past 10 years as the Chief of Police, I have never written an impact statement on behalf of our department. In truth, there have been no other criminals who've been as vengeful and in need of incarceration as Michael Damron. We learned of Damron when the Burleigh County Sheriffs Office (North Dakota) contacted us in March 2005 to warn us that he advised his parole board that he intended to move to Eagan to live with his sister or mother. They contacted us due to written threats Damron made. Specifically, he wrote in a letter to the North Dakota Parole Board, "you can bet on your actions have put the public at risk." after they denied his request for " education enhancement ". In a separate letter to North Dakota Supreme Court Judge Gail Hagerty, just four days after she dismissed a civil lawsuit filed by Damron, he wrote, "I figure the State of ND deserves once a month for 41/2 years one evil act. " In another letter, he said, "I suggest you guys get one hell of a task force ahhhh get ready and get going. You better watch me like a hawk. " Damron was finishing his federal sentence for a business burglary and criminal damage to property in which over of $1 million of damage was done to US West phone lines. Damron cut through 19 thick underground phone cables the night of Jan. 21, 1995, in Fargo -Moorhead leaving 20,000 customers without service. It was believed at the time that this was in retaliation for a dispute Damron had with US West regarding a $1.50 surcharge on his phone bill. Damron 's first contact with the Eagan Police Department was in February 2006, when he made threats against a real estate agent and an Eagan City Employee regarding minor code violations at his residence. Neither was willing to pursue charges for fear of retaliation due to his threatening behavior. Due to his aggressive and confrontational demeanor, my department would dispatch three officers in any circumstance we contacted him. Seven additional police reports involving Damron were filed between March and June 2006. Between April and June of 2006, Damron was developed as the prime suspect when telephone lines were cut at 12 locations in Eagan and Inver Grove Heights. The acts left thousands of customers without service. A court -authorized GPS tracker linked him to a felony -level theft at Absolute Trailers which is an Inver Grove Heights business located near the Eagan border. Subsequent search warrants based upon the GPS data resulted in the recovery of over $250, 000 worth of stolen property taken from 30 locations across the southern part of Minnesota. As a result, Damron pled guilty and served 60 months in prison. In the wake of the sentence, his family filed a $12 million lawsuit in Federal Court against the Cities of Eagan and Inver Grove Heights. Both were co-defendants represented by the law firm Jardine Logan and O'Brien whose office is located in Lake Elmo, Minnesota. Ultimately, the case was summarily dismissed. It should be noted the judge's order was appealed by Damron's family and was later denied. Subsequently, the Jardine Logan O'Brien law firm was successful in securing court costs that were spent in defense of the Cities. When the costs were not paid, a lien was placed on the Eagan residence. Upon his release from prison, Damron moved back to Eagan to live with his mother and siblings. In July 2013, Damron came to the Eagan Police Department and was taking photos of my staff's personal vehicles in an attempt to intimidate them. He said he would follow them home and added if the Eagan Police Department was going to screw with him, he was going to screw with the Eagan Police Department. Damron surfaced again as the primary suspect in a July, 2013, burglary at Absolute Trailers; the victim business that led to his arrest in 2006. Inver Grove Heights Police obtained court authorization to place a GPS tracker on Damron's vehicle which eventually linked him to a theft in Scott County, the Eagan Town Hall arson and the burglary of Jardine Logan O'Brien Law offices. Jardine Logan was out of commission for one week due to the loss of phone and internet service. Their financial losses were in excess of $200, 000. Because of the investigation, Damron has been charged by Washington County for this offense and the case is still pending. The Scott County theft case involved a search warrant at his residence, where it was discovered by investigators he wired his bedroom with a commercial -grade electric fencer that was meant, in his words, to "electrocute" anyone entering his room. He has been charged by Scott County authorities for this offense. Michael Damron has a long history of threatening people and seeking revenge for perceived injustices. My concern is Damron has escalated his dangerous behavior. In 2006, his crimes involved thefts and criminal damage to property. In 2013, he ramped up to burglaries and arson. With his history of retaliation and revenge, I am sincerely concerned for the safety of Eagan Police Officers who were simply doing their jobs. In surveillance video recovered from Damron 's home, we discovered disturbing video capturing him talking to himself his brother, and a girlfriend outlining how he would seek his revenge. On 6-20-13, he mentions making someone a paraplegic and putting them in a wheelchair. On 9-15-13, Damron is observed in his bedroom talking to himself "I'm ready to go to war. And 1 suggest you keep the fuck out of that war. Cause you don't want me coming after you. You understand? Best to stay out of that little fucking (skirmish?) Cause you 're going to get fucked over. 1 'm going... I'm going to get them." On 9-16-13, he is seen (and heard) telling his brother "As soon as I get a little bit more stronger and I get my hands on one of those cock suckers (demonstrates hitting someone) ....wheel chair bitch. " He demonstrates having sex with someone from behind, laughs and says, "Just to make sure you can't testify. " On 9-21-13, he is seen and heard telling his girlfriend "When they finally realize that every time they fuck with me it costs them millions of dollars, or hundreds of thousands of dollars, they might stop fucking with me." In January 2016, Damron's cellmate at DOC-Lino Lakes reported that Damron intended to burn down the warden's house with her and her family in it. The cellmate also spoke of Damron's extreme hatred for an Eagan Police Detective. This man has been in the penal system for much of his life and has had plenty opportunities to reform and simply hasn't. In my department's history with him, he has lived with his mother who has seemingly given him no guidance in judging right from wrong. I realize an agreement has been between the attorneys responsible for litigating this case. My understanding is you have the discretion of sentencing Arvidson from anywhere between 84 to 117 months. Your honor, I am asking you sentence Damron to 117 months. Please consider his vengeful attack on my community after he burned our Town Hall, how he made an overt attempt to intimidate my cops, and how he sought revenge on the law firm that defended Eagan in his family's failed law suit. I would submit, with the amount of good time he will get in the State system, it won't be enough time for him to spend behind bars. Like we were told by sheriff's personnel when he first moved to Eagan, he is non - reformable. Given his history of hate and revenge, 1 am afraid. Not only for me and my officers who went through great lengths to build solid criminal cases against Damron, but for Ms. Bovitz, along with you, and your families. Whatever sentence you level, I would suggest you calculate how much time Damron will actually spend in prison and mark your calendar of his release date accordingly. Afterwards, when you, I, Ms. Bovitz or anyone else responsible for bringing this man to justice begins experiencing weird occurrences or some form of intimidation, we will all have a good suspect. My sentiment is not rhetoric; his history has proven to be a prelude to his future. Your honor, I cannot stress enough how evil this man is and how he attempted to break the spirit of my community by making an attempt to destroy an Eagan iconic symbol like our Old Town Hall. With all the damage and destruction he has caused in my City, he has effectively been our Public Enemy Number One. Know there are many Eagan Residents who have been following this incident closely after Damron 's arrest and are hoping for justice after this senseless attack. Please give them confidence in our judicial system by sentencing Damron to the maximum sentence you are allowed under the terms of the agreement before you. Respectfully, James S. McDonald Chief of Police Eagan Police Department CouncAnames Jay Berthe city's new polic by Jane Vanderpoel The Eagan City Council hired a new police chief and put off approving a costly and zontroversial utilities and street project at its meeting Tuesday night. Two dozen South Oaks resi- dents who suddenly found themselves facing bills of at least $15,000 each for the pro- posed utilities improvements project crowded the meeting .o air their concerns. "We're >itting here in terror that you night assess us this amount," aid Leeann McCarthy, 590 S. 3reenleaf Drive. The South Oaks addition, bout 39 lots in Eagan's outheast corner, is on the )rth side of Cliff Road be- ween Dodd Road and'High- vay 3. Some area homeowners we had septic problems and sked the city for help. But hey weren't prepared for the ull-blown project, which in- 'udes new sewers, water and a ack-topped road to _replace he gravel. None of the residents favors the new road, they told the council, though some do need the sewer and water. After two petitions against the project were presented to the council, councilmembers directed the neighbors to talk among them- selves to find a compromise proposal before the next coun- cil meeting July 19. Another hearing will be conducted. then. In other action, the council appointed as police chief Jay Berthe who has been acting . chief since Martin DesLauriers retired in March. Berthe, 49, started with the department in 1966. He will run a 36-person department. Mayor Bea Blomquist was enthusiastic about the new chief: "I feel his qualities meet very well the position, and were excellent in comparison to others that were interview- ed." s,.. • Councilmember. Ted Wach- ter said Berthe's familiarity with Eagan and its problems, Berthe is new police chief COUNCIL: from p. for $1,815,000 in industrial revenue financing for Unitog Rental Services, allowing a preliminary resolution. • denied rezoning from R-1 to R-1 PD for the Mallard Park 2nd Addition, vote was 3-2. • approved the preliminary plat for Oakwood Heights 2nd plus his excellent record with the department, made Berthe the best choice. "He filled it just a little bit better" than anyone else, Wachter said. Between agenda items, City Administrator Tom Hedges recited new facts about Eagan. A state demographer estimates the city's population at 25,080, Hedges said, but because that data was col- lected last year the population is now probably closer to 26,000. The distinction is im- portant for attracting federal and state aid money, he said. Hedges said the number of new buildings being con- structed shows the city is growing steadily. From Jan. 1 to June 30, 1983, 416 building permits for dwelling units were granted, up from 220 during the same time period in 1982. That means a value of $31.7 million in new dwelling building permits for the city so far this year, he said. In other action the council:. • approved a joint purchas- Addition, Phase II. • approved rezoning from R-4 to R-3 and a replat for Blackhawk Acres. • approved a conditional use permit to allow a restaurant at Lot 1, Block 3, Cedar Industrial Park, as re- quested by Patricia Leahy (Charkist). Also approved a wine and off -sale beer permit for the Charkist. ing agreement with the city of CI Minneapolis to allow the city He of Eagan to purchase equip- ' ment, materials and supplies of at more favorable prices. Ac • approved installation of tic no parking signs within the ' Eagandale Center Industrial m Park 1 effective Nov. I. no • approved a resolution to Sp be prepared by the city ad- ,'' to ministrator and to be submit. ted to the County Board ask-`• ing for consideration of no parking on the north side of EGT41 c1ron+cle 7 11_ 13 EAGAN POLICE DEPARTMENT NEWSLETTER September 7th & September 21st Council Meeting Issues Contracts with the cities of Apple Valley and West St.Paul for Public Safety Mobile Digital Terminals to share our system have now been finalized. We originally purchased our system with the intention of incorporating other cities to help share the total cost of the system. The Cultural Diversity Recruitment/Scholarship Program was approved at the September 21st Council Meeting. We have been briefing staff regarding this program in conjunction with the hiring of Community Service Officers. Members of the committee are Chief Geagan; Linda Cummings, Administrative Assistant; Linda Myhre, Investigator; Jon Moldstad, Police Officer, Holly Duffy, Assistant to the City Administrator, Viola Mills, President of the Black Women's Society and Soumaly Amata who represents the Southeast Asian Community. The purpose of the committee is as follows: The City of Eagan recognizes that the composition of the City's population is gradually becoming more racially and ethnically diverse than in the past In order to allow the City to become a supportive, multi -cultural community, the City desires to recruit and train employees who are sensitive to issues of diversity for positions in Law Enforcement. Individuals who are sensitive to issues of diversity may be recruited for Community Service Officer Positions. In addition, such Community Service Officers may be encouraged to complete a Degree in Law Enforcement and to become licensed Police Officers with the City under the discretion of the Chief of Police. 'IN MEMORY OF OUR FELLOW EMPLOYEE, LOU JESKA' The past three weeks have been an extremely difficult time for the Jeska Family. They have expressed their sincere appreciation to all. The following are thank-you's written by Sandy expressing that gratefulness. To Louie's fellow officers and co-workers: "Thank you for everything you have done for us these past three weeks. The support you have shown us only confirms what Lou always knew; that he was very fortunate to be working with such a fine group of people. And to those of you who Louie loved like family, we want to especially thank you. The Eagan Police Department will always be in our thoughts and prayers; you will never be forgotten." Sandy, Brad, Lori and Brian To the spouses of the Eagan Police Officers: "Never in my worst nightmare could I have imagined what has happened in my life since August 30th. You say good-bye to a loved one and take for granted that they will return, but for some reason, one that I cannot find an answer to, my loved one did not return. Since that horrible day, the comfort, support and guidance I have gotten from the Police Department and Administration has been wonderful. They have been there for me 24 hours a day, if needed. They have explained things to me that I needed to know and understand. I know I could not have begun to process all that needs to be done without their help and guidance. I just want all of you to know that, God forbid, this would happen again, you are not alone. You have the love and support of the best organization in the world: the brotherhood of Police Officers? Love, Sandy Newsletter Page 2 There were several letters of sympathy and support sent to the department by many agencies and private parties. A bulletin board is posted , in the department, including all of these. Many letters of thanks were done to those who so generously contributed in some special way to the days following Lou's death. Also, below is a letter the Chief sent to all personnel during this very difficult time for the department: "This past week the Eagan Police Department experienced the tragic loss of one of our officers, Lou Jeska, in the line of duty. Each of us has tried to reason why this could happen. I have heard people say, 'it was fate, a graad plan or God's Will and we probably will never know'. What is important is to recognize his contributions, to support his family and to support one another. Our department, like a family, experiences tears, anger and laughter. Like a family we need to come together during the next few weeks and over the following years to provide me support tor his family, friends and colleagues. Lou's untimely death has brought our department together in a way I thought was not possible. If there is something to be learned from this awful experience, perhaps a comment Sandy made to me during the Visitation puts it into perspective; "Hundreds of people have come to pay their respects' and, in amazement she said, 'I hope the Police Officers seeing this realize how many lives they touch and the affect they have on them'. After recently attending the Police Officer's funeral in Moose Lake, Minnesota, Lou told his family and some colleagues how impressed he had been with the respect and honor paid to those Police Officers who died in the line of duty. Every member of this department should be very proud of what they accomplished in putting together the fine tribute both at the Visitation and the Funeral Service. This could not have happened without all your support. We should be very proud of the Eagan Police, what it has accomplished and the respect it holds in the Law Enforcement Community. On behalf of Sandy Jeska, her family and me, I would like to thank each of you very much for your contribution." To date, there has beer S5,400 donated to the 'Louis Jeska Children's Memorial Fund: Victims of Child Abuse'. Soon a tree will be planted in his memory near the location of the accident. Memorial Committee The Police Department has established a Memorial Committee with Sergeant Jim McDonald as the chairperson. Other committee members, at this time, are Sandy Jeska and John Stevenson. Patrol Officers will also be asked to sit on this committee. Hiring On September 17th Chief Geagan interviewed the two finalists for the Dispatch position. 13 Background Investigation packets were recently sent to the Police Officer Candidates. They are due next Tuesday, September 28th. We could have as many as seven Police Officers hired from this group of individuals. Communications Consolidation The Joint Powers Agreements for study of feasibility of consolidated public safety communications services has been approved by all cities. The cities are as follows: Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul and Dakota County. Dr. DuBois, Radio Consultant, began the study on September 1st which will conclude on approximately November 1, 1993. Dr. DuBois sent inventory sheets to all cities in regard to radio equipment inventory and types of mobile equipment. A Finance Subcommittee has been organized to research how much is now being spent by each city, and a Computer Subcommittee to study future trends in regard to what applications should be utilized. Newsletter Page 3 Dispatch Negotiations Many of you are aware that negotiations between Dispatch and the City are at an impasse. There have been two mediation meetings and another is scheduled for October 1st. Three issues that have not been resolved are wages, hospitalization for retirees and job protection language. Both the Dispatch Union and the City are continuing to meet in an effort to resolve the issues. Building Expansion On September 17th, members of the New Building Focus Groups met with Thorbeck Architects Ltd. to discuss their drawing showing the proposed conception of the Police Department. This simply reflected spatial relationships and sizes. Maximum utilization of space is being focused upon. The proposed size for the facility is 30.000 square feet. On -A -Personal -Note Laurie Larson is at the University of Minnesota Hospital. If they are able to regulate medication levels to control pain, she may be released this week. Laurie is very dear to many members of the Police Department and we want her and her family to know that she is in our thoughts and prayers. Visitors and phone calls are not allowed at this time, but If you would like to send a card or message the address is as follows: University of Minnesota Hospital Laurel Larson, Floor 7C, Room 416 420 Delaware S.E. Minneapolis, MN 55455 Home Address: 2093 Jade Lane Eagan, MN 55122 Jack Serier will soon be leaving us to pursue a career as a Stock Broker/Investment Advisor. We wish Jack much success in his new career. Letters of Appreciation Chief Geagan received a ietter from Neal Harris, Loss Prevention Manager of U.P.S. " I wish to take this opportunity to thank you and specifically Lou Jeska. Because of Lou's investigative effort, United Parcel Service was able to void a multi -thousand dollar claim. Lou was not only prompt, but thorough enough to follow up with our shipper in New York leaving no legal doubt in their minds that the customer in Eagan received the package intact. This was not the first time Lou has worked with our Loss Prevention Department with positive results. Again, I wish to thank you and I hope to continue the cooperative efforts to make Eagan a better place to live and to operate a business." Marianne and Ron Hultman wrote a letter to Officer Pat Hogan thanking him for the kind and considerate attention he gave to their daughter, Sally, at the scene of her accident on Friday, August 27th. "A parent feels so helpless at a time like that, especially living 200 miles away. We are grateful to know that there are caring people in Eagan, like you and your fellow officers." The Chief received a letter from John Kieprion extending a thank you to Officer Unger "for the prompt, courteous and professional manner in which he handled the accident involving my wife, Janet, and son, Kyle. My wife was very shook up from the car accident and said that Officer Unger helped her cope with the situation. Most impressive of all, I am most thankful for giving my wife and son a ride to our house immediately following the accident. That was beyond the call of duty and I really appreciate the gesture. Newsletter Page 4 Officer Doug Matteson received a letter from Eagan High School Principal, Tom Wilson. "Last week I had the enjoyable opportunity of serving as a panelist for the regional Police Resource Officers Workshop held at the Dakota County Vo-Tech. More recently I enjoyed reading through your annual report as School Resource Officer at Eagan High School and Dakota County Middle School. In both instances it was obvious that you have dedicated yourself to excellence. The workshop was quite well organized. It was clear to me that the officers in attendance were eager to be at the workshop and were learning. In the case of the annual report, you have given clear and salient reports of each of the components of your responsibilities as a representative of the Eagan Police Department. Anyone reading these materials would have an excellent understanding of your role and the significance of your impact. Only those of us who work with you, however, will have any real clue as to the important role you play at our two schools. Your warm, friendly and genuine style has endeared you to principals and teachers at both schools and made you an extremely valuable contact for the citizens of Eagan. As a result, my observation is that the Eagan Police Department is a stronger organization. Certainly your value in our schools is unquestioned and very much appreciated: Officer Jim Unger received a letter from Attorney Debi Schmidt. "I did not have the chance to speak with you after the court trial involving Mr. Foote on Wednesday, August 4th. I wanted to tell you that I thought your testimony and overall representation as an Eagan Officer was very credible and professional After hearing Mr. Foote testify, your willingness to acknowledge that Mr. Foote may not have been the driver of the vehicle you saw turn through a red arrow, showed a professionalism in your police work that I have not always observed in Officers outside the Eagan Police Department. I know you made a very favorable impression upon Judge Lynch as well as everyone else in the Courtroom. I know from experiences that judges talk among themselves about particular Police Departments. Your honesty in your testimony will reflect positively on you and the Eagan Police Department as a whole." Holly Duffy passed along information to the Chief regarding a phone call she received: This morning I received a phone call from a resident of Eagan, James Battis. Mr. Battis told me that his residence had been broken into and Officer Slater was the officer who responded to his call. He wanted to let the City know how much he appreciated Officer Slater's sensitivity during the situation. Mr. Battis had dealt with Police Officers from other jurisdictions and he felt that Officer Slater's conduct was extremely positive in comparison. Officer Slater was nice and caring; he was a pleasure to speak with in an unpleasant circumstance. Mr. Battis, again, really appreciated the sensitivity of Officer Slater. He stated that it was uncommon in this age. He wanted to call and let the City of Eagan know that we have a really great officer there." Captain Sewald wrote a letter to Officer Kevin McGrath. "On August 17, 1993, an Apple Valley Police Officer stopped at the Police Department and wanted us to know about a track Officer McGrath did with his dog, Tex. The officer explained to me that they had a theft of items from a car which included a loaded gun. Apple Valley called for a K-9 Unit and Officer McGrath went to the scene. Officer McGrath and Tex were able to track the suspect from the car, find some of the stolen property and eventually stop at a residence where the suspect was located and the loaded gun recovered. The Apple Valley Officer related that without the K-9 Unit they would have had no idea where the suspect went or who he was. They were very impressed with Officer Kevin McGrath and his partner Tex. I would like to congratulate you and Tex on a very fine job. You both represented the Eagan Police Department in a manner that we are all proud of. Thanks for your efforts and keep up the good work". lb:9/22/93 EAGAN POLICE DEPARTMENT NEWSLETTER November 2nd and November 16th Council Meeting Issues: The efforts of Investigator Larry Billmeyer, in developing a Bike Safety Program for the City of Eagan, in conjunction with the Boy Scout Organization were recognized. The dual choice option (Medica and Health Partners), with blended family rates including a $10 office co -payment for insurance coverage for employees at the City of Eagan for 1994 was approved. The 1994 liquor license renewals conditioned upon favorable review by the Eagan Police Department were approved. The Holiday Inn on -sale liquor license under the name of Joan Kennedy, manager, was approved. Hiring Mindy Kaltenhauser began employment as a Dispatcher on October 18th. Many of you know Mindy as she was an Explorer here in Eagan. Mindy is currently working on getting her Law Enforcement Degree at Inver Hills. Mindy lives in Eagan. In November and December there will be a total of five Police Officers hired. They are Deanna Duncan-Parduhn who began employment on November 1st. Before coming to Eagan, Deanna was an Investigator with Investigative Security Specialists in Minnetonka where she was an Investigator. She also was Police Officer with the U.S. Police which provides a full range of police service to government agencies, employee and civilians within the federal community of Minnesota. Deanna resides in Burnsville. David Bork began employment on November 3rd. David was a part-time Police Officer with the Cottage Grove Police Department where he assisted officers in many varied duties. David recently completed his Associates Degree in Law Enforcement at Inver Hills. He resides in Cottage Grove. Steve Bolluyt began employment on November 17th. Steve was a Detention Deputy at the Hennepin County Sheriffs Office before coming to Eagan. Steve attended the University of South Dakota with a B.S. Degree in Criminal Justice. Steve resides in Savage. Claire Wagner will begin employment on December 1st. She presently works at the West St. Paul Police Department where she is a Dispatcher/Community Service Officer. Claire attended St. Ben's College and Metro University and has a B.S. Degree in Law Enforcement. Claire lives in Inver Grove Heights. Mike Fineran begins employment on December fith. Mike presently is a Police Officer at the Owatonna P.D. He works with the D.A.R.E. Program, School Liaison Program and Juvenile Investigation. Mike has an Associates Degree from Alexandria Technical College. Khamtanh Siouthai (Don) is returning to the Police Department in his previous position of Community Service Officer pending Council approval on December 7th. Khamtanh is presently working as a Police Officer in St. Paul and resides in Apple Valley. Lou Jeska Lou's name will be placed on the National Policeman's Memorial in Washington D.C. the week of May 15, 1994. Sergeant Jim McDonald recently spoke with a representative from the U.S. Department of Justice in Washington D.C. They informed him the Federal Grant for Sandy Jeska has preliminary approval. It now goes to a General Council for final approval which is expected to be received within two weeks. The Grand Jury results regarding Lou's accident: Returned "No Bills" on charges of Criminal Vehicular Operation/Homicide. Indicted on Careless Driving and Semaphore Violation. The pre-trial is set for November 24, 1993. Newsletter Page 2 New Law Enforcement Center The new Law Enforcement Center will be directly adjacent to the existing building. It will be a 2-story building with 25,400 square feet, with the possibility of 8,000 square feet attached for Fire Administration. The cost will be $3.3 million. The bottom floor will be larger than the top. There will be a new Council Chambers on the first level. The existing Council Chambers may be used as a Community Room and Fire Training Room. There will be windows on the second floor and everything will essentially be brick. The generator will be on the NW portion of the building. The Radio Room will be in back of the building to be close to the antenna. Locker Rooms will be unisex and the lockers will be wired so that portable radios can be charged in the lockers. The Evidence Room will be toward the front of the building. There will be a large conference room with bifold doors. The Task Force will be in back of the building and will be for future investigative expansion. The Mail Room, for all personnel, will be directly outside Dispatch. The City is responsible for developing the site surroundings. Completion of the building is set for June, 1995. The Chief conducted meetings last week, for all personnel, to explain the plan and answer questions. He was very pleased with all the helpful ideas he received from employees. Budget Information The 1993 Budget (amount used) is running very close to the amount that was budgeted and this does not include large budgeted items. Only priority items will be purchased at this time. The 1994 Budget is far from being completed. At this time, it is looking like an 8Y%% increase city wide. This is the amount we will see on our taxes. There are two additional Community Service Officers, in the 1994, Budget which have not yet been approved. Safety Committee The Police Department Safety Committee Members are Officer Bob Stephens, Officer Jenni Wills, Officer Judy Dretzke, Linda Cummings and Cyndy Cheyne. If you have an issue for this committee, please see any of these employees. Goals and Objectives Session A meeting was recently held to formulate plans for the 1995 Goals and Objectives Session. Ray Cummings, Executive Director of the Minnesota Chiefs of Police, will be facilitating the one day session. The theme will be "Service, Satisfaction and Leadership". Those participating will be the entire management group, as well as volunteers from all divisions. General Information The Computer Sale on November 20, 1993, in the City Council Chambers for the selling of computer items from the Haggemeyer Case was truly a learning experience. Sergeant Jeff Johnson spent many hours working prior to the sale. Others employees who helped out on that day were Lynn Vasquez and Rick Redenius. We are leaning toward using United Occupational Health Center for our Physical Fitness Standard. This is the center we are now using for new employee physical examinations. Dr. Hallberg, of United, is currently preparing a proposal based on Physical Fitness Standards which will be completed this week. There will be Diversity Training on December 10th and 17th, 1993. The Sexual Harassment portion is mandatory for all Police Department Staff. New pictures of all department employees will be done before Spring. Long sleeve shirts will be worn. Newsletter Page 3 On -a -Personal -Note Congratulations to Officer Joe Marshall, his wife, Ann, and son, Tony, on the birth of their daughter and sister, Lauren, who was born in September. Letters of Appreciation We received a letter from Renee Lau expressing her gratitude to Officer Stefanie Bolks and Dispatcher Nancy Ingerson regarding the evening of October 31, 1993, when she couldn't locate her son. "After calling several of my friends I panicked and called 9-1-1. The 9-1-1 Operator was effective in calming me down to get questions answered. My son was found at a neighbor's house. The Police still came to the house to check on things." She also wanted to express gratitude to Officers Kevin Putt, Pete Poppler, Linda Myhre and Sergeant Greg Johnson for the professional yet personal interaction when "1 called 9-1-1 on January 23, 1991. My nine week old son 'Charlie' had died of Sids. Linda Myhre was first on the scene and I will never forget her professional yet personal interaction. The entire First Response Crew treated me very kindly. I know now that isn't always the case. I have been very active in Sids research and through this effort have met families that were treated very poorly by Police, E.M.T.'s, etc. The Chief received a letter from Steve Michel, District Human Resource Manager, at Kraft Food Service. "Kraft/American would like to extend to you a most grateful thank you for the wonderful way the Eagan Police Department handled the fatal accident which happened at our facility. During this difficult time, your staff performed with great professionalism and thoughtfulness to insure that all those involved would be helped with sincere understanding. It is, unfortunately, times like these that we really see first hand the difficult position our Law Enforcement Officers hold and appreciate them to the utmost" A letter was received from Bob Lane of the Lakewood Hills Homeowners Association. "We would like to thank Officer Duane Pike for coming to our meeting, October 25, 1993, to discuss personal safety. Duane is extremely personable and did a great job". Officer Stefanie Bolks received a letter from Shannon Lohman. "Just a note of thanks for being so understanding and a caring person in responding to our little guy on September 15th. Thank you for being so nice the day of our emergency. It's nice to know there are officers out there I can count on". Captain Jim Sewald received a letter from Joen Schenck. "I cannot thank you enough for the swiftness of your actions on October 7th. When you indicated that within ten minutes of our conversation notices would be posted so that Harris could not any longer use your Police Department to harass me, dread was replaced by gratitude to you for your personal intervention. My first contact, with your department, was Officer Erickson. He gave me guidance on noting the Order for Protection violations, but more importantly, firmly established that violations were as unacceptable to my Police Department as they were to me. He was the first, but not the last of your officers to 1) believe me 2) support me and 3) direct me and 4) teach me what an O.F.P. is all about. Your officers gave skeptical me the gift of doing their duty to protect me. I am so very very grateful to each one of you and always pray that God protects each of you in these troubled times. Chief Geagan received a letter from Brian Henkel. "I wanted to let you know how much I appreciated your prompt follow-up to the letter I sent you regarding a case. Since our phone conversation, I have been working with Investigator Stevenson. He has been great to work with. He has given me regular status reports of his activities and has explained what can be expected in terms of recovery. I realize that short term recovery of my cellular phone is unlikely, but I want you to know how much I have appreciated the effort and attention this case has received". Sergeant Jeff Johnson wrote an appreciation letter to Officer Jenni Wills. "On November 1, 1993, I spoke to Thomas Maher of 1514 McCarthy Road. Mr. Maher advised that you responded to a domestic situation involving his daughter, Colleen Maher and Eric Fuentes. Mr. Maher was very pleased with the way you handled the call. Ms. Maher relayed to her father that you were very supportive and helpful to her and he wanted that feedback passed on. Your hard work is greatly appreciated". Newsletter Page 4 Letters of Appreciation (Continued) Sergeant Steve Grimm wrote a letter to Officers Kasat, Schrader, Duncan-Parduhn, Putt and Slater: "1 would like to thank you for your help during a call on November 13, 1993 when an individual discharged a firearm inside LaFonda Restaurant/Bar. The execution of the High Risk Vehicle Stop was handled extremely well. Everyone positioned themselves keeping in mind the safety of one another and the public. It is understood that this incident could have turned into a deadly force situation, because of the threat of a gun and the intoxication of the individual. It gave me great pleasure to witness the team work among all of you from the beginning of the incident until the end. Thanks for a job well done". /Ib-11 /26/93 THIS WEEK NEWSPAPERS Volume 7, No. 20 Two Sections July 15, 1985 Section A EAGAN Your Community Newspaper Smith issued citation for 20 years of service By CHRISTY DeJOY Eagan Police Officer Donn Smith remembers his first time on patrol in July 1965: "I drove ' down to Cliff Road and came right back. I was afraid of getting lost." Twenty years later, things have changed for police officers. Virtually all of the roads are pav- ed, more than one officer patrols the city at all times and the police have maps to consult when need- ed. Amidst the vast changes in the city and the police department, one thing still remains - Officer Smith. Of the 80 full-time employees currently working for the city, Smith has been employed the longest and no one has worked as a street police of- ficer in Eagan longer than Smith. Smith was hired as a part-time officer in 1965 with another man. Martin DesLauriers had been working as the town constable since 1954. In 1966, the city coun- cil abolished the constable posi- tion and DesLauriers served as chief of police. In the 1960s requirements to be an officer didn't require a law en- forcement degree and training at a police academy. Smith had ex- perience as a military police of- ficer for three years. DesLauriers was aware of his ex- perience and approached Smith with working part-time in addi- tion to his full-time job at a grain elevator. Smith enjoyed the work and quit his job at the grain elevator when he was hired as a full-time officer in September 1967. He was so serious about his work that he took his vacation time to learn about law enforcement at the Bureau of Criminal Apprehen- sion. He split the cost of the courses with the department. When Smith started, the department had one car, a station wagon, to patrol the area. The car was also used to transport people to the hospital. Smith said the work was quite different from today's. "The population was small. The com- munity pulled together and we all worked together. We were close knit. "We knew just about everyone in the city and we had more per- sonal contact. People would call you at home if they needed to talk to somebody. They'd call you OFFICER DONN Smith remembers fondly 20 years with the Eagan Police Department. He called the city with medical problems. That made you feel good. They trusted you and weren't afraid to call. And you wanted to help," he said. "We were a doctor, clergy and psychologist. People con- templating suicide would call. So I went and had coffee with them and talked hoping I could help. "I learned a lot about human nature. I learned more than any school could teach. People ex- pected us to have the answers. Now, of course, we can refer them to the proper channels. There is more availability of pro- fessionals," Smith said. In Smith's early days as an of- ficer, he had many varied jobs, but more time because of the small population. The officers had time to spend with elemen- tary students to explain their work. "We made it a point of building good rapport with the kids. They liked us. We'd help out with track and field days. And they had more respect then because they got to know more about us. They learned we're human too. Now the schools are bigger and there's more_ officer activity. "I don't like it when parents say to their kids, `Be good or he'll jail you.' We want to say, 'We're not the bogeyman. We're your friend." Police officers years ago were not only close to their communi- ty, but also close to each other. Smith fondly remembers "Pizza Night" every Friday with the other officers. "It was the chief's way of watching out for us. We would exchange information. It was a way of communicating. It helped especially if you didn't know the area," Smith said. The type of police calls were a bit dissimilar to today's calls. Since the speed limits were higher, the accidents were more severe, especially down at the railroad tracks at Cedar Avenue, he said. The domestics weren't as severe and the thefts and van- dalisms were also on a smaller scale, he said. "A lot of outhouses were tipped in those days, but there wasn't as much ( vandalism) damage. The thefts used to occur at the field at (Highway) 13 and Cedar (Avenue). Kids would steal pum- pkins," he said. "We took the crimes more per- sonally then. We thought of it as someone outsmarting you. The next time you were twice as and the department a "close-knit group." observant. And it reflected in your record. We have a very good record with burglary and crime solving. We really took pride. We were a small department and shared things with each other. "A lot is lost in a bigger depart- ment. We don't work as closely with the other officers and the work is more specialized today. We have a child protection of- ficer, a chief investigator and a bike safety patrol," he said. In Smith's 20 years, he has never had to shoot at anyone and hadn't had an accident in a squad car until this year. Smith was 29 years old when he started with the department and says new officers today seem so young. "I get the impression from kids that it's the thing to do, that it's a glory field. It used to be something you really had to be sincere about. Many quit who couldn't hack it." There were several times Smith questioned his choice of professions. "I've asked myself, 'Is it worth it?' It's when a hard situation comes up or a family problem." The work is not only difficult for Smith, but has been for his wife and four children also. "My kids used to come home with bloody noses or black eyes. The family suffers a lot when other people know your dad or husband is an officer. But we socialized a lot with the other families. We had picnics and the wives con- versed a lot. With the problems, no wonder there's a high suicide rate and alcohol rate (in this pro- fession). "The worst thing is to stay in the job and be unhappy or feel stuck. Then you turn into a short- tempered bundle of nerves. I still like going to work. I'm out on the streets where I want to be. I still enjoy coming to work. And I also look forward to getting off. "I like to tinker with cars. It's helped me keep my sanity. It's been my diversion. It's so vitally important. I make it a point of go- ing home and spending some time with my family. You've got to have family support," he said. Although Smith is planning on retiring soon from the fire department where he has been a volunteer since 1963, he has no definite plans of retiring from the police department. "I don't really know (when I'll retire). But I do know that I won't be able to sit still. I have to be ac- tive." opinion I'm sorry I'm a renter I'm sorry I'm a renter Though it's no fault of my own. I cannot live with mom and dad Because I am full grown. I'm sorry I'm a renter My career's not at its peak. And so for the time being An apartment I must seek. I'm sorry I'm a renter What is it about all of us? While you think of a reply I'll move to the back of the bus. I'm sorry I'm a renter How much different can I be? I bathe daily, go to church and vote. How my home looks is important to me. I'm sorry I'm a renter Quality and density concern us, too. Or is it that you really want To keep land vacant just for you. I'm sorry I'm -- no I won't apologize Junk cars, flamingos and kids that scream Are not everyone's interpretation Of the American dream. You see, generalizations work both ways But in either case are unfair. So let's all work together For a city we can share. GARY KUBAT LOOKING FOR A HORSE? Why not adopt one? Write: Bureau of Land Management 350 S. Pickett Street Alexandria, Virginia 22304 EAGAN THISWEEK PUBLISHERS Joseph R. Clay • Daniel H. Clay NEWS EDITOR Christy DeJoy SPORTS EDITOR Pete Temple ADVERTISING MANAGER John Swennes CLASSIFIED MANAGER Patricia Milton OFFICE: 1525 E. Highway 13 P.O. Box 1439 Burnsville. Minn.. 55337 894-1111 Dakota County trivia test For those of you who think Dakota County grew up around Burnsville Center and the Min- nesota Zoo, here's a little trivia test to awaken you to the rest of the county. And for you longtime dwellers. it's a chance to see just how well you really do know your county. The quiz was compiled by the Dakota County Historical Socie- ty. All the answers are names of places in the county. A map helps some; guessing won't get you too far. Questions 12. 16 and 28 are the ones the society deemed the real stumpers. Answers are list- ed at the end of all the questions. 1. Where was the famous Spiral Bridge? 2. Where was the World's small- est park? 3. Where is the state's only mono- rail? 4. Where was there a monorail before 1895? 5. Where is Billy Goat Bridge? 6. Where is Byllesby Dam? 7. In what town is the Dakota County fair held? 8. Where did the Indian chief Medicine Bottle's tribe live? 9. Where was the Gopher Ord- nance Plant? 10. Where did Minnesota's first state governor live? 11. If Buck Hill is in Burnsville, where is Antlers Park? 12. What township was named after a Sunday school? 13. Where did the famous Mudhen baseball team come from? 14. What city was coined the New York of the West? 15. What area was named for an Indian war paint? 16. In what area was Archer's Halfway stage stop and hotel? 17. What town was flooded out of existence? 18. What town became a regional park? 19. In what city is there an airport named for a war hero? 20. What township in the county reminds you of gold mining? 21. Where was the ghost town of Lewiston? 22. In 1984 the last passenger train depot closed. Where was it? 23. What township was named for a famous landmark? 24. What township reminds you of Napoleon? 25. This town is what you put in your closet? 26. What township bears the name of a former U.S. Senator? 27. Where was the village of Black Dog? 28. Where was the town of Bell- wood? 29. A peddler of Irish linen named this city? 30. Where is the Wheat Trail monument? 31. What town received its name from a town in Germany? 32. In what township is Blackbird Trail? 33. Where is Pilot Knob? 34. Bring your fishing license and We welcome your news and opinions What's happening in Eagan? Our readers want to know. If you have news with local interest, let us know. We welcome news of upcoming club or church events; engage- ment, wedding, birth or death announcements; little league stand- ings; new businesses; job promotions. Call us for these or other news items of interest. When submitting news releases, please consider: 1) Our deadline for taking news releases is Wednesday at 3 p.m. for the following Monday's paper. If an event will occur on Monday, it is wise to have the item in the paper a week ahead of time, not the day of the event. 2) Include the basics - who, what, why and when - and other in- formation considered pertinent. Please include a name and phone number of someone we can contact, should we have a question. 3) It is helpful to have typed news releases. If handwritten, please be certain all words are legible, particularly names. 4) Submitted photographs are considered for use with news releases or as news items themselves. Please note if photos should be returned. Keep these guidelines in mind when submitting letters: 1) Letters should be signed and an address included. A phone number where the author can be reached days should also be includ- ed. 2) We encourage letters about local events. National news is not our "beat". 3) Letters considered libelous or slanderous will not be printed. 4) We reserve the right to edit letters for the purpose of space or general readability, but will keep the author's focus intact. 5) We must receive a letter by Wednesday at 3 p.m. for the follow- ing Monday's paper; Monday at 4 p.m. for Thursday's Tribune. News releases and letters may be mailed or dropped off. Our office is located at 1525 E. Hwy. 13, Burnsville, 55337. Mail can be directed to Box 1439. If you have any questions about how to get your news to us, feel free to call us at 894-1111. What's happening around town? Let us know. a pan when you come here? 1. Hastings; 2. West St. Paul: 3. Apple Valley; 4. South St. Park (South Park): 5. Burnsville; 6. Randolph; 7. Farmington: 8. Pine Bend; 9. Rosemount: 10. Mendota; 11. Lakeville: 12. Greenvale: 13. Miesville; 14. Nininger; 15. Vermillion: 16. Hampton; 17. Etter: I8. Lilydale; 19. South St. Paul: 20. Eureka; 21. Sciota; 22. Randolph City: 23. Castle Rock; 24. Empire; 25. Coates: 26. Douglas; 27. Eagan; 28. Marshan: 29. In- ver Grove; 30. Waterford; 31. New Trier: 32. Ravenna: 3:3. Mendota Heights: 34. Sunfish Lake. letters Volunteers for city celebration are appreciated To the editor: I want to express my apprecia- tion to everyone who contributed toward making Eagan's 125th birthday celebration over the Fourth of July weekend such a great success. Special thanks go to those businesses. organizations and in- dividuals that contributed time, supplies or money to the celebra- tion events. We would never have been able to plan or stage our bir- thday party without their support or countless hours of work. Again, thank you all -- and Hap- py Birthday. Eagan! LARRY WENZEL Chairperson of the Eagan City Celebration Committee This person thought he could drive as well after a few drinks as before. He was dead wrong. Don't make the same mistake. m ngll vllolt!!PII!11111111111IIIIP I)Il111111;! „0 1111 a ulllui iduu hill I I II I II I' �I�111� ONational Safety Council 2A JUI: 15. 1985 THISWEEK Thurs., May 28, 1970 Tog DTO5UN-MINNESOTA VALLI JIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIimIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i IIIIIIIIIIIIIIIIIIIIllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII inIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII E. At First Picnic ... Si- cl'- = Eagan School Patrols Rewarded for Service * * * Eagan's first school police picnic, sponsored for 128 stu- dents May 20 at the Jack Bu- twin Camp, was a rousing'suc- cess, Police Chief Martin DesLauriers reported this week. Donations from Eagan busi- nessmen financed the picnic. The Eagan Mrs. Jaycees pur- chased all the games and food and also served the lunch. Douglas Dahlen, 2096 Garnet Lane, Cedar Grove, won the grand prize, a bicycle, for find- ing the hidden medallion. Transistor radios and cam- eras were awarded to 16 other students who won a round of games during the afternoon, including Bradley McAllock. Mark Domka, Sheryl Kirchner, Marta Spence, David Ander- son, Paul DesLauriers, Linda Sell, Robin Smosal, Susan Lundquist, Peggy Erickson, Mark Rogers, Patricia Dolney, Danny Koppen, Bruce Rasmus- sen, Kevin Stransky, and Kar- en Maloney. Every youngster attending the picnic received some type of prize and enjoyed the lunch prepared and served by the Mrs. Jaycees. Chief DesLauriers and his mer\ • diced their appreciation Adis wet ,k to everyone who con- tributed, to making the picnic a success.1 - SCORES OF HAPPY KIDS -Nearly 130 in fact - enjoyed Eagan's first school patrol picnic at Jac. Butwin Camp on May 20. The youngsters enjoyec, games, food and prizes, all donated by Eagan busi PROUD WINNERS of prizes at Eagan's first annual school police;picnic were these boys who have guarded the lives of their fellow students during the school year. nessmen at the request of the Eagan Police -Depart- ment. Lunch was prepared and served by members of the Eagan Mrs. Jaycees. Police Chief Martin Des Lauriers reports the picnic was a "rousing success." THE SACK favorite at these two school polic A TRUCKLOAD OF PRIZES and goodies was distributed to 128 members of the school police during the picnic sponsored by the Eagan police department and supported by local businessmen and the Mrs. Jaycees. o Re p cMo c� ooEl ti ° C>r o x(2 O�OyC CAMO 3Ga m ac .-t-im a lAa><AV(COma_�.7 5m -, ly a DA" 1 cn n. i � o�o � w 5 °N"32—. 1� m C oa.a oc m 0`< c7o - ' R o m `� = 5' `< n w a p C C O n ,s O" G z c< �^+ n N M '< " rT MI " • nT < .� " A 'O O cD l'J O c�0 my �"' w f�D M O a b x a O" <CD CD 0 no Fr, a s ' ^ O �, N B. y X :'_ vOtii ty�D f�D m a A.. :: CD t.0 c' .. �' A "i • a " "M A fD ? lD , O ,, " " n .' fD ti A� 0-w ti� '°acn�cr, o 3 n� �5oco o' a m ti a m co w o a m co a.P mac m g a5.w 5D5 o gm mac, _ " ?' z x 5 "p f- "C ,?" A m3, f�D So ^ m 'H6'' n A.'.m o 95 m HA m p CrJ o eo "ob m m ti o m Dm ° m o o = "aan ,�To 7J0C..mQ.Om ,pma —��O. ", n�"M c a 'r A `'1 ,0., o ,y ,.. C 3 C a vwi ti g Mma RM�CDaox v� c •0 m ¢ rD b. 7 °: R o ;,•R - o . 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A' 'C t" c� -2' U O rn _" p �' U ."G rC�� 4cC' .E tilA.sue ti as.b4) , > a) ci) O >,a) 'b... a).sr >�, a. = oa.,bDcc; u) PAGE 12A Where Equipment Was Vandalized 1HIS FUEL truck was round overturned with tuei running from it. The truck had just been filled. John Klein, residential developer, views the damaae. THIS FRUN I-1 ND loader was dumped on its side. It and three other vehicles belonged to Par- rot Construction of Shakopee, a contractor for installation of utilities. The overturned van in the background contained welding equipment. VANDALS ... (Continued from Front Page) ed job site trailers was rolled over. This was valued at over $3,000. "We feel very fortunate as we had $200,000 to $300,000 of equipment that was never touch- ed," Enright said. The vandals destroyed the equipment by running the front- end loader into the sides of equip- ment, overturning others and completely demolishing other pieces. DesLauriers said no arrests have been made in the case, however, it is still under in- vestigation. The two contractors were in- stalling sanitary sewer and water in the newly -planned area of Duckwood Estates and St. Fran- cis Wood Additions. There will be a total of 114 lots in the develop- ment when complete. John J. Klein, part owner of the development, was called by Billmeyer as soon as he found the demolished equipment. The con- tractors were then notified of the incident. ELECTION ... (Continued from Front Page) ballots are then neld at local post offices, and are delivered elec- tion day to various precincts. He added that absentee ballots can- not be hand -delivered to precincts, they must go through the mails. Although there is a lengthy ballot, the auditor did not an - SOMEONE CLIMBED onto this loader, smashed the win- dows, climbed inside, started the machine, and then over- turned the other vehicles. Observers believe the operator knew how to run the machine. THIS VAN contained material for the job. It was reported owned by Enright Company. The vehicles were dumped for apparently no reason. Eagan police found many cans of beer near this vehicle. PAGE 1 1 A 78.39 6.27 84.66 172.12 13.77 185.89 81.57 6.53 88.10 102.51 8.20 110.71 124.02 9.92 133.94 124.02 9.92 133.94 110.24 8.82 119.06 72.36 5.79 78.15 135.46 10.84 146.30 132.39 10.59 142.98 44.99 3.60 48.59 169.01 13.52 182.53 111.45 8.92 120.37 157.77 12.62 170.39 271.11 21.69 292.80 67.54 5.40 72.94 102.51 8.20 110.71 82.01 6.56 88.57 80.09 6.41 86.50 169.06 13.52 182.58 163.31 13.06 176.37 115.34 9.23 124.57 51.15 4.09 55.24 50.66 4.05 54.71 99.39 7.95 107.34 157.16 12.57 169.73 191.37 15.31 206.68 305.68 24.45 330.13 91.93 7.35 99.28 200.70 16.06 216.76 29.47 2.36 31.83 29.47 2.36 31.83 279.09 22.33 301.42 122.30 9.78 132.08 276.01 22.08 298.09 115.34 9.23 124.57 82.29 6.58 88.87 380.36 30.43 410.79 30.70 2.46 33.16 79.37 6.35 85.72 142.53 11.40 153.93 158.76 12.70 171.46 53.58 4.29 57.87 31.19 2.50 33.69 99.94 8.00 107.94 121.10 9.69 130.79 43.42 3.47 46.89 75.27 6.02 81.29 34.16 2.73 36.89 155.85 12.47 168.32 42.45 3.40 45.85 31.27 2.50 33.77 89.50 7.16 96.66 89.50 7.16 96.66 97.42 7.79 105.21 56.63 4.53 61.16 50.46 4.04 54.50 88.27 7.06 95.33 tend the 1978 Association of Minnesota Counties Annual Meeting to be held on November 12 - 14, 1978 at the St. Paul Radisson Hotel and that they be reim- bursed for their necessary expenses upon presentation of verified claim. ayes5 nays none Motion Comm. Hollenkamp 2nd by Comm. Stassen MOVED: That the resolution request- ing a noise abatement study on County Road No. 42 in the City of Apple Valley, be referred to the County Engineer for his recommendation to be returned within the next 30 days. ayes5 nays none Motion Comm. Kennedy 2nd by Comm. Hollenkamp BE IT RESOLVED, that it become a procedural rule of the County Board that four (41 affirmative votes be required to adopt the annual County budget. ayes2Comm. Kennedy and Hollenkamp nays 2 Comm. Scully and Streeflaud Comm. Stassen abstains Motion Comm. Kennedy 2nd by Comm. Streefland MOVED; That the County Board ad- journ to 8:45 o'clock A.M. on Tuesday, October 10, 1978. ayes5 nays none PATRICK•J. SCULLY Chairman ATTEST: CARL D. ONISCHUK Organization and Management Alternatives for delivery of educational services in Region XI, encompassing the seven county metro area. A motion was made by Evan Anderson, seconded by Dorothy Lekson and carried to appoint Daryl Meyers as diving coach for the Girls Swimming Team and set his rate of pay at ti4.00, not to exceed a total of 75hours for the fall season. Superintendent McGuire made a brief report to the board on the recent meeting held with members of the clergy serving our community. A brief discussion was held on the first draft of the School Bus Drivers Manual. A suggestion was made that the Bus Con- duct Referral system be made an inte- gral part of the section with student con- duct. A motion was made by Nancy Martin, seconded by Evan Anderson and carried to adjourn. LeROY KEHRER, Chairman NANCY MARTIN, Clerk AREA BANKRUPTCY FILINGS Mark and Marian K. De St. Hubert, a/k/a Mark Hubert and fdba partner in M & M Janitorial Service, Rte. 1, Box 54G, Web- ster. Filed Oct. 6. Colleen Barker, 206 6th Ave. S., South St. Paul. Filed Oct. 10. Douglas C. and Sue Ann Fort, 15474 ' Valley. Filed Oct. 16. AV Developers Question Land Plan By KATHERINE WEESNER Staff Writer APPLE VALLEY --Developers generally expressed dissatisfac- tion with the low density of the city's proposed land use guide plan, and suggested that density along proposed Cedar Ave. im- provements be increased. The discussion took place at a special planning commission meeting Oct. 25 to get de- velopers' input on that portion of the comprehensive plan update. Urban Planning and Design, under the direction of the plan- ning commission, is rewriting the comprehensive plan. John Voss, president, told the developers that about 40% of the area of the city's land had density scaled down. The result, according to com7 munity development director John Gretz, is a 17% reduction in projected population from 70,000 to 61,000. The city has designated 450 acres for commercial de- velopment, 380 in the downtown area. Harold Doetch, Chamber of Commerce member, said that he is concerned about lowering density from RIII (mixed re- sidential, six to 12 units per acre) to RII (mixed residential, three to six units per acre). He said that once the plan goes to Metropolitan Council for ap- proval, that upgrading the densi- ty after 1980 would be difficult. Voss said that the relationships between Metro Council and the city is not clear; probably once adopted, the plan would be ex- pected to be followed but he did not see Metro Council becoming involved in the day to day opera- tion of the city. Metro Council will set up sewer plans based on the population projections of the city, he said, and that present sewage treat- ment plants are adequate until 1990. After 1990 there could be a problem if the density is changed, he said. Planning commission member Jim Ronay warned that increas- ing the projected population could mean an increase in taxes because of the need for sewer facilities. Gretz said that the Farmington treatment plan is based on a population of 77,000 and that population estimates were based on 4.7 people per single family dwelling for that plant whereas there are now actually 3.5 people per dwelling. In spite of the reduction in the size of families, developer Jack Ardyono told the planning com- mission that they were tending toward a major reduction in the population of the city by scaling down 40% of the land density. Ardyono warned that lowering density would hurt the city's flex- ibility for zoning. He lamented how difficult it was to get de- velopment approval now, and questioned whether once the plan goes to Metro Council if it would take "five instead of two and a half" years to get a proposed de- velopment started. Representatives from Nordic Properties told the commission that their land south of the zoo and north of proposed zoo access road would not be saleable as RI density (single family) because of the traffic. Voss noted that the area in the northeast corner of Palomino Hills would be suitable for some park land. Owner Bob Swanson ...,:a +1."4. ,,.,t,. to _ .l- - IGH Fires And Rescues Listed INVER GROVE HEIGHTS -- Grease ignited in a broiler in the Gerald Bell residence, 3445 78th St., about 5:40 p.m. Oct. 24. An estimated $500 damage was done because of smoke, according to the fire depart- ment. Other fire and rescue calls for last week were: Oct. 25, 12:28 a.m., 5385 Audobon Ave., car on fire when gas ignited undercoating; 1973 Buick, owned by Tim Le- land of that address, had an es- timated $500 damage. Oct. 25, 5:42 p.m., North Val- ley Park, grass fire; no damage, but believed to be of suspicious origin. RESCUES Oct. 23, 3:05 p.m., 6520 S. Robert Tr., vehicle accident; one woman taken to St. Paul - Ramsey Hospital by Divine Re- deemer Hospital ambulance. Oct. 27, 10:33 a.m. 7600 Ca- hill Ave., Day Care Center, Garik Severson, 2, of 3960 Upper 75th St., cut forehead, taken to Divine Redeemer Hos- pital by private auto. Oct. 27, 4:55 p.m. 6420 Dawn Way, Ronald Lawrence; taken to Riverview Hospital in St. Paul by Divine Redeemer am- bulance. Oct. 27, 9:37 p.m. 4200 77th St., Anthony L. Matykiewicz; taken to Veterans Administra- tion Hospital in Minneapolis by Divine Redeemer Hospital am- bulance. Oct. 28, 5:35 a.m., 65th St. old railroad bridge to St. Paul Park; Glen Quast, 136 8th Ave. S., South St. Paul; car hung upon bridge; no injuries listed. CUB PACK 118 FARMINGTON-- The Sep- tember pack- meeting of Den 118 was recently held with several scouts receiving awards. Those earning badges and pins were as follows: One-year pins - Karl Butz, Brian McKague, Brian Myhre, Brian Lundquist, Kirk Loeffler, Mathew Lewellen, Patrick Lewellen, Eric Smith, Jeff Abrahamson, Sean Haustein, Kule Thompson, James Albright, David Sherman, Spike Naughton, Dennis Geertsema, Cory Sickler,_ Terry North, Jeff Knight, Robert Williams, Darin Pettis, Brian Christiansen. Two-year pins - Todd Brand, Gary Freeland, Scott Hed, David Groves, Brian Smith, Joe Kadlec, Tony Paulson, Alan Bruce, Stephen Bower, Kyle Tharaldson, Lance Weierke, Stephen Mitchell, Daniel Simpson, Geoff Pettis. Three year pins - Jeff Lee, Kevin Mitchell, Joe Wehmhoff. Bear - Lance Weierke, Geoff Pettis. Gold arrow - Lance Weierke. Into Webelos - Lance Weierke, Todd Brand, Geoff Pettis, Alan Bruce, Gary Freeland, Mathew Lewellen, Scott Hed. Into scouts - Kevin Mitchell, Joe Wehmhoff, Chuck Mills. Arrow of light - Kevin Mitchell, Joe Wehmhoff. Webelos award - Kyle Tharaldson, outdoorsman; Steve Mitchell, scientist; Eric Carson, athlete, outdoorsman; Todd Thefts/from lA ee break room and went through a couple of employ- ees' purses and took cash, checks and credit cards," said a Petco employee, who asked that his name not be used. He said the incident has made employees more cau- tious about their belongings. "We're letting employees lock their purses up in our office now," he said. Police sent a crime alert to the area's businesses to make them aware of the thefts. "We encourage employees to lock up their valuables," Ruby said. "Often the employ- ees don't discover the thefts until several hours later." The suspects are identified as a white male in his mid 20s with a slender build and a goatee, and a black male in his mid 20s, 5 feet 10 inches tall with a slender build, short black hair and glasses. Anyone with information about the suspects or thefts should call the Eagan Police Department at (651) 675- 5700. Erin Johnson is at eagan.thisweek@ecm- inc.com. wouldn't happen again. Aren't you glad that this independent charter commission has come up with a proposal that sets some guidelines and provides for more direct citizen involve- ment in your local government? Does anyone remember what Eagan went through when faced with a new hockey arena, water park and city center? They were railroaded through by a run -a -way mayor/council, with- out the checks and balances afforded in the proposed char- ter. The opportunity and chal- lenge now before Eagan is to get well informed and then vote to provide Eagan with a pro- gressive and effective way of self rule, with a guide for the council. Perhaps you can attend a Commission meeting, 6:30 Back Row: Suzi Franzen - celebrating 16 years at Marketplace Stephanie Peters - celebrating 3 years at Marketplace Mary Slipka - } ‘,,, rc At Fagan Station to our to anniversz Middle Row: Doug Cole - Owner Kelly Weber - celebrating 3 yeE Barb Adrian - celehrating 1 vPa pug 'Pf tro Photo by Erin Johnson Several employees of the Promenade and Town Centre shopping areas have reported their wallets stolen. Police seek Promenade purse snatchers Suspects target store employees' wallets by Erin Johnson distracts the clerk while other THISWEEK NEWSPAPERS goes into back room or break Eagan police are seeking area and takes unsecured wal- two men in connection with a lets and wallets from purses. rash of stolen wallets in the So far, four stores have been city's Promenade and Town hit by the thieves. In each of the Centre shopping areas. reported cases, the items stolen The suspects are not picking were in an unsecured accessible pockets. Instead, they appear to location, Ruby said. be targeting employees of the "They're targeting wallets in retail areas. particular and taking them out Eagan Police Officer of purses," she said. "That can Jennifer Ruby said there have lead to identity theft crimes, been several incidents reported forgeries and a whole series of recently of store employees other felonies." being victimized by the sus- Petco, in Town Centre, is Pects• one of the stores recently hit. The two men typically enter "They went into our employ - he store together, she said. One See Thefts, 6A 24 MONTH OR :L2) 2005 GRAI Industry Exclusive stow 'N GO Seating, 3.8L Quod Seats. Rear Heal & Air, Traction Control. CD. Power (Windows. Doors. Mirrors, locks, Sect). luggage Rack. Sunscreen And Morel 'Summer Bonus Cash •$1,500 • Magnum 471 V8 Engine • 4•Wheel Disc Anti -lock Brakes • Power (Windows. locks. Moors) • 6-Disc CD P oyer AM/FM 24 Mo! 36 Ala Lease DURANGO ST - ,4 200 L Indushy Exc Seating. H Power Door (Seat WI Auto Te • 3rd Row • Power 8-W. • Available 5. • ReorConfr• • 17"Cost 'Foggy Summer Eagan officer helped hurricane victims I KATRINA FROM Si "He was one of the individu- als that had been rescued off of the rooftops," Ruby said. "He had stayed behind, lived through a previous hurricane, didn't think too much of this one, thought, 'I :an make it through this one'." She said Padgett told how :loodwaters came into his attic, where he had a cot set up. "He said, 'my refrigerator was floating.' Eventually he was able to get on top, and they rescued him by helicopter and ;tion of 'es fiFfi then by boat," Ruby said. Because he was a veteran, she said, he was taken to North Carolina. Then he decided that he had to get back to new Orleans and fmd his wife. Padgett had not slept in days when he got to Birmingham, Ruby said. What little money he had had been stolen, and he was lacking his medication. Ruby and other volunteers helped Padgett get his medica- tion and three meals a day. Finally, they found his family in Houston. The family thought Padgett died in the flooding fol- lowing the hurricane and was ecstatic, Ruby said. she and the other volunteers helping Padgett. Soon an el- derly man named Gerald, who couldn't read and didn't know where to turn, asked for their help in finding his long-time girl- friend and partner, Ruby said. They had to guess on the spelling of her name, and knew it was a long shot, but Ruby and the other volunteers found Ger- ald's girlfriend. Ruby, who plans to return to patrol duty on Dec. 5, said she was grateful the city allowed her to take the time to go help and that she would do it again if she had the chance. "It made you feel real appre- ciative about things," she said. Another save She said word spread about Shira Kantor • 612-673-7275 Ask about pre -construction specials! 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Your celebration bors of all ages, races and Eagan residents to partake in does not have to be complicat- lifestyles makes our lives and this annual celebration. This ed. The most significant part is our futures brighter. night is designed to heighten that you talk to your neighbors For further information, or if support for local anticrime and arrange to gather. You could you wish to participate in this efforts, to strengthen neighbor- also invite a member of the year's National Night Out fes- hood relations and build and Eagan Police Department to tivities, call 651-681-4748. sustain police -community part- drop by you celebration and dis- nerships. cuss crime -prevention tips or MAYA BABU We support this holiday and how to start a Neighborhood Eagan encourage neighbors to plan to - Watch group in your area. off �.� sit w� uvw . From 7 to 10 p.m. Aug. 1, people are encouraged to turn on their outside lights, go out- side and spend time with their neighbors. Events do not have to be elaborate, although some neighborhoods organize block parties and picnics. The Police Department will assist by arranging visits from officers, K-9 units, McGruff, fire fighters on fire trucks, public works per- sonnel and equipment and other city and police resources. Police can also help arrange for cones and barricades for block parties. The Eagan Citizen's Crime Prevention Association and the Eagan Healthy Community No Job Too Big or Small Family Owned Professionally Operated Guaranteed Workmanship Licensed - Insured - Bonded Free Estimates - Free Loaners 952-469-2246 Ken and Jean Zak, Owners 21480 Keokuk Avenue - Lakeville C. s 1th (NC 1 ol,Q ,lll,. ' -- Eagan cop helped hurricane victims weather aftermath • Officer Jennifer Ruby spent two weeks helping Hurricane Katrina victims find more permanent shelter. She also helped some of them find their loved ones. By SHIRA KANTOR skantor@startribune.com By the time John Padgett made it to Birmingham, Ala., and met Eagan Police officer Jen- nifer Ruby, he was dehydrated and exhausted. He had hitchhiked from a Veterans hospital in North Caroli- na, determined to find his wife, son and daughter-in-law. Padgett's family evacuated their hometown of New Orleans before Hurricane Katrina struck in late Au- gust. But Padgett, the manager of an apartment complex, stayed behind to take care of his Ninth Ward building. A part-time preacher picked him up on the side of the road in Alabama weeks later and brought him to a Sal- vation Army station to recover. It was there that Padgett met Ruby. Ruby arrived in Alabama on Sept. 27 and spent two weeks helping hur- L ricane victims. The personal rewards from her service were similar to the reasons she likes her work as a police officer, said Ruby, who has been the Eagan Police spokeswoman for five years. Duty begins After a day -and -a -half at the va- cant Sam's Club that served as a joint field office in Montgomery, Ruby was transferred to Anniston and then to Birmingham, where she helped evacuees move from shelters and hotels to interim housing. After arriving and relating . his story to authorities, Padgett rested while Ruby and several volunteer firefighters began digging through records and Web posts, searching for his family. Katrina continues: Word spread, and soon another came for help. S12 ► MANNA DUERSCHERL • jduerscherl@startribune.com « IT MADE YOU FEEL REAL APPRECIATIVE ABOUT THINGS. » JENNIFER RUBY Officer traveled to Alabama to aid hurricane victims and said she would help again if she had the chance. r • Available Acura Navigation System with Voice Rec • Dual -zone, dual -mode automatic climate control system► • Remote entry syst with driver recogniti+ • Bi-Xenon High-inten Discharge headlights • DS, DT, SRS front airbag front side airbags with passenger -side OPDS and side curtain airbags '9A► 33,325 MSRP ph. Ss15 - Mudd .UA6626T W BEST SELECTION OF NEW ACURAS BUERKLE ACURA 1- 866 - 475 - 3232 (Local & Tol! Free) www.buerkleacura.com 7925 Brooklyn Blvd. Minneapolis Minnesota's Only Exclusive Acura Dealer! *Four Window Wood V Compare t Easy Clean Glass With purchase of LoE/Argon Gas energy saving glass package Clear Choice Serving the Twin Cities Area 651-224-2536 Hurry Otter Ends 11115105! In C wi Serving the Twin D51-224- www.clearchoicE DAKOTA COUNTY Homicides strain investigation resources Attorney's office gets a budget hike BY FREDERICK MELO Pioneer Press The number of adults charged with homicide or attempted homicide in Dakota County reached an all-time high last year, according to an annual roundup of criminal prosecu- tions compiled by the county attorney's office. In 2004, the office prosecuted 15 adults in connection with six homicides, several of them gang- and drug -related. That represents a fivefold increase over recent years. "We did have a record num- ber of homicide -related crimes in Dakota County last year, sig- nificantly higher than the less - than -three homicides we've averaged per year over the last 15 years," said County Attorney James Backstrom. "It's a signifi- cant drain on resources because of the extensive work involved in investigating homicides." To help the county attorney's The six 2004 homicides were an increase over the average number in previous years, requiring more trial work and expert witnesses, according to County Attorney James Backstrom office keep pace, the Board of County Commissioners approved a budget increase of between $15,000 and $20,000 this year to hire expert witnesses and conduct trial work. Also showing significant increases last year were felony charges of welfare fraud, which jumped 87 percent from 83 in 2003 to 155 in 2004. Violence and forgery charges rose, although less dramatically. Drug crimes continue to account for more than a third of the office's felony cases. Not all the results pointed to rising crime levels, however. The statistics — which reflect charges, as opposed to the total number of crimes occurring — showed that the number of adults charged with felony offenses dropped from 1,927 in 2003 to 1,866 in 2004, a 3 percent decrease. "If you look at overall proper- ty crimes, they were just up slightly. ... Felony theft crimes actually dropped 20 percent last year," Backstrom said. Five charged in homemade -bomb incidents by Erb tJohnson ThISWEEK NEWSPAPERS Five juveniles have been charged in connection with three homemade bombs that were det- onated on Eagan doorsteps last month. All five were charged with fel- ony possession of explosives of an incendiary device. "When these types of incendi- ary materials are put together with thepurpose of causing an explo- sion, it's very dangerous," said Dakota County Attorney James Backstrom. The suspects range in age from 15 to 17 years. They are all stu- dents at St. Thomas Academy, a private school in Mendota Heights. Two of the suspects live in Eagan, and the other three are from Rose- mount, Mendota Heights and Chanhassen. `There's no indication that any of these students were trying to cause injury to anyone. It wasn't a vendetta, they just thought it would be fun. Obviously, this goes far beyond fun;' he said. The homemade bombs are usually constructed of common household goods, like plastic soda bottles, tin foil and chemicals. The chemicals react, cause pressure in the bottle and the bottle explodes. They are not timed and it can- not be predicted when they will detonate. The bombs have the potential to injure, but they rarely cause much damage unless they're put in confined spaces, like mailboxes. The bombs are typically used as a juvenile prank, police said. "You can unfortunately find the recipe for making bombs on the Internet without much trouble," Backstrom said. All three bombs exploded be- tween 10:30 p.m. and midnight on Nov. 20. The homes were on Coving- ton Lane, Murphy Parkway and Ethan Drive. In all three incidents, residents were at home when the bombs detonated. No injuries were reported. Backstrom said that none of the suspects have a prior criminal history. "It appears these were good kids, and I think they were just fooling around with things they didn't realize the seriousness of," he said. If convicted, the suspects face counseling, possible time in juve- nile detention, fines and restitution for damages. They will also face discipline at school, Backstrom said. Police suggest that if you do find a bomb, keep your distance, keep kids away from it and imme- diately call the police. List 377,9t35 _` a 7 3 89S ,.., C dril%\01, VR6 Hard io Find Auto Blame 4x4Quad.0 abbVV88AAT All Sunroo! Thc One War t Last Power 41 M Mr New Car Tram. $?6,9 S11,90 9S ArLk $72,99a BUY NOW WHEN PRICES ARE SLE Tnm. 2-Tone Paint. Capt LOW, NOT IN THE SPRING WHEN char s chrnne Wheels PRICES ARE HIGH. $8, 99g GREAT PRODUCTS - GREAT PROTECTION - Locp1 11888179041454 WWW.DODGE Tol Free Just off I-35V Police warn of neighborhood break-ins Two reports of attempted entry, one sexual assault by Erin Johnson THISWEEK NEWSPAPERS Eagan police don't know if the incidents are related, but two homes within a one -mile radius have reported attempted break-ins in the past two weeks, and a third homeowner was the victim of a sexual assault. The activity has occurred in southwestern Eagan, on the 4000 block of Beryl Road, the 1800 block of North Ruby Court and the 3800 block of Ballantrae Road< Since Oct. 19, police have responded to two reports of an unknown male attempting to gain access into homes. In both incidents, the suspect cut a patio door or window screen and fled the scene prior to get- ting inside. One victim described the suspect as a stocky white male with glasses and the other vic- tim described him as possibly a black male. On Oct. 11, a woman on the 3800 block of Ballantrae Road said she was sexually assaulted by an intruder. She described the suspect as a dark-skinned male with a muscular build and facial stub- ble. He was wearing a dark -col- ored sweatshirt with a white stripe down the sleeve. Eagan Police cannot verify that the incidents are related, but said they share similarities. Residents are encouraged to lock their windows and doors, particularly during the evening hours, and call 911 to report any suspicious activity. Anyone with information about these incidents is asked to call the Eagan Police Department at (651) 675-5700. Erin Johnson is at eagan. thisweek@ ecm-inc. com. A0 CORAL Lk EG THISWEEK November 6, 2004 3A G04.00 W 7147 . , OIt9Mo. 1600 block of R,m a II f Submitted graphic Attempted home invasions have been reported within a one - mile radius of the area pictured. 4A November 6, 2004 THISWEEK ea l liisu/eek ColNn-mist After the election, there is peace in our communities by foe Nathan CENTER FOR SCHOOL CHANGE Here is good news about the election, whether you are a Republican, Democrat, Independent or indifferent. (Some of the more cynical readers are assuming I am going to say that — depending upon when you are reading this — the good news is that e2004 Rochester Post -Bulletin Co. L.L.C. Ed Fischer Syndicate fischer @ pcistbulletin.cem �V� ST. PAUL PIONEER PRESS WWW.TWINCITIES.COM DAKOTA COUNTY Cities asked to decide on radio system Plan to consolidate 911 call centers BY FREDERICK MELO Pioneer Press Cities in Dakota County have until the end of May to tell the county whether they plan to join a countywide emergency radio system. The $9.7 million to $11 million project would link police, fire and ambulance dis- patching to a network of 800- megahertz radio towers, in line with efforts in neighboring counties to improve communi- cation between public safety agencies. In light of Sept. 11, 2001, many public safety officials say they recognize the importance of upgrading the decades -old radio system, which operates on the increasingly crowded VHF band. Among other advantages, an 800-MHz "trunk" system would strengthen signals inside buildings and allow agencies to establish dozens of separate talk groups for conference -style calling as they converge on a scene. For cities in Dakota County, however, joining the 800-MHz system is likely to carry the added wrinkle of changing the way 911 calls are handled, which makes some public safety offi- cials nervous. PSC Alliance, the consultant designing the radio network, has proposed consoli- dating the six 911 call centers in Dakota County into a single facility to save funds. Otherwise, the cost of con- necting each of the six centers to the 800-MHz system with new consoles and operating equip- ment would exceed $3.65 million, compared with $1.2 million for a single center. And as for annual operating expenses, the joint dis- patch arrangement is projected to cost $4.34 million in its first year, compared to $5.69 million for the six separate centers. "If (the cities are) not going to consolidate, and they want to go to 800 MHz, they are going to bear some additional equipment costs and telecommunications costs," said County Administra- tor Brandt Richardson. To defray expenses, the county is considering a plan to subsidize the joint dispatch cen- ter for $750,000 a year. Each city would chip in its share for oper- ating expenses based upon its number of emergencies and the number of 911 calls it generates. "Theoretically, a city could pursue 800 MHz without going to joint dispatch ... but there's a fair amount of work they would have to do, and they're starting pretty much from scratch," said Russ Sinkler, a consultant with PSC Alliance. County officials say the con- solidated center would repre- sent a cost savings for commu- nities that already operate their own centers, including Apple Valley, Burnsville, Eagan, Lakeville and West St. Paul. In a joint arrangement, Burnsville, for instance, would pay $614,000 in the first year, according to PSC Alliance, com- pared with $934,000 in 2004. The picture is more compli- cated for the cities of Farming- ton, Hastings, Inver Grove Heights, Mendota Heights, Rosemount and South St. Paul, which in most cases pay mar- ginal sums to neighboring cities to handle all or part of their emergency dispatching. (Men- dota Heights on Tuesday announced a plan to contract with the county, ending a 30- year relationship with West St. Paul.) Rosemount, for instance, cur- rently pays Eagan about $79,000 a year for dispatch services, but the price tag would go up to $176,000 if Rosemount were to join a consolidated center. But with Eagan likely to enter the joint dispatch arrangement, offi- cials warn that the alternative for Rosemount — handling 911 calls on their own — would be far more expensive. "We're one of the cities where our costs would go up," said Rosemount Mayor Bill Droste. "But we do not have a dispatch center. For us to build one would be cost prohibitive." County officials hope cities don't drag their heels deciding whether to join. The county, which has until the end of November to spend a $1.5 mil- lion federal grant on the system, expects to submit its plans tc the Metropolitan Radio Boarc by early June. Frederick Melo can be reached at fmelo@pioneerpress.com or 651-228-2172. MAY 31 ST 9 I Stamped Concrete... (fordable Prices! ways ways Decks • Landscape • Sidewalks • Steps our Finish, Color & Design! Brushed Concrete 763-253-0081 4B D* WEDNESDAY, MAY 11, 2005 ST. PAUL PIONEER PRESS ST. PAUL RIVERFRONT DEVELOPMENT Condo tower height raised Jail site developers now propose 25-story project BY ROBERT INGRASSIA Pioneer Press Developers aiming to buy Ramsey County's vacant river - front jail and an adjacent gov- ernment building unveiled plans Wednesday for a 25-story condominium tower, more than twice the height they proposed six months ago. Building a taller, narrower tower than originally envi- sioned would preserve more of the view from St. Peter Street toward the Mississippi River and the West Side bluffs, designers said. "The idea is to do an extreme- ly clean and modern building that would be as transparent as possible," said Adrian DiCastri, a Toronto -based architect working with the development team. County commissioners react- ed favorably to the new plan, but did not take a formal position. "I like the building, and I like the layout," Commissioner Tony Bennett said. The county plans to sell the old jail and a portion of its Kel- logg Boulevard government cen- ter, which includes th. f' -- West Publishing headquarters. Commissioners approved a ten- tative deal in November that called for a development group to pay $3.4 million for the property. Since then, much about the plan has changed. The proposed tower, which would replace the easternmost portion of the gov- ernment center, grew from 120 feet to about 275 feet (which would make it taller than the City Hall -Courthouse building). The number of condos increased from an estimated 170 to as many as 312. The project's value increased from $62 million to nearly $100 million. The makeup of the develop- ment partnership also has changed. David Bernard Builders, a division of the Rott- lund Co., has joined a group that already included Metro Plains Development, Welsh Cos. and Ryan Cos. Some elements remain the same. Plans still call for the jail to be torn off the bluff and replaced with a condo building that, like the jail, does not rise above Kel- logg Boulevard. A public plaza — larger and greener than an exist - built on top. Also, developers still intend to renovate the exterior of the remaining county buildings on Kellogg Boulevard and put in shops and restaurants on the street level. There are many unresolved issues. Officials learned recent- ly that the county does not hold clear title to some of the land involved in the deal, a thorny problem that could hold up the sale for six months or more. Another hurdle involves pos- sible development limits on the county's remaining property. The developers are seeking height limits that would prevent the county or anyone else from building towers that would block views from the new con- dominiums. The county, mean- while, is pressing the developer to make up any lost value such height limits would cause. The project would be subject to city approval. An initial review determined that the proposed 25- story tower would not require a zoning change. The development team hopes to begin selling units in March 2006, Stutz said. The tower condos would cost between $350,000 and $1 million. The bluff condos would go for 28A Apple Valley/Rosemount, Eagan Sun•Current/Thursday, Oct. 21, 2004 www.mnSun.com Internet From Page lA "When people leave here tonight, I want you to understand that the Inter- net is good." He noted that police officers use the Internet daily, accessing it via laptops during traffic stops in their police cruisers and retrieving online police files. The key is finding a happy medi- um, he said. Matteson got into the area because of his former position as a school resource officer for Eagan High School and Dakota Hills Middle School as well has his background as a hard drive comput- er expert. When an investigation re- quires accessing information that may be left behind on a computer's hard drive, Matteson uses software to re- trieve it. There is another qualification that Matteson has: He has two teenage chil- dren himself. He also told several stories of Eagan girls who met older men online and then had the girls travel to Eagan where they were sexually assaulted. A video he played to start the class told the story of a similar teenage girl who was "groomed" by an older man to trust him and then he kidnapped her and a friend, took them to Philadelphia and assault- ed them. "We're all worried about someone taking our darling daughters off to Philadelphia, but that's not likely to happen," Matteson said. "But, it is im- portant to watch for the red flags." Those red flags include such things as children suddenly spending lots of time online, being unusually withdrawn, mini- mizing their In- ternet screen when a parent walks into a room or finding pornography stored on the fam- ily computer. Children are the perfect vic- tims for sexual abuse and ex- ploitation, be- cause they are naive, easier to manipulate and are not seen as credible witness- es in court, Matte- son said. The biggest problem online is there is nobody policing it, Matte- son said. There is no official source making sure spam e-mails containing links to porno- graphic material, newsgroups posting child pornography or predators seek- ing children in chat rooms don't reach children. Except of course for the parents themselves. Matteson said he's not a big advocate of filtering or blocking soft- ware. "You need to give your children rope," he said. "Every family is differ- ent, every child is different. You don't need AOL to babysit your kids. You need to spend time on the Internet with your children and get to know your kids." However, Matteson also realizes that the parents who would most benefit from his presentation likely won't ever sit through it. "The people who come to the class are the wrong people," Matteson said. "By coming here, they show they are good parents, concerned parents. It's the other parents that would really ben- efit from this." Matteson plans to conduct more classes for parents. For more informa- tion on when the next class will be scheduled, contact Matteson or Officer Jennifer Ruby at 651-675-5700 or visit the Eagan Web site at www.cityofea- gan.com. TIPS FOR PARENTS • Keep computer in common area • Limit time spent online • Become com- puter savvy • Spend time with children online • Do not let chil- dren enter profiles for online chatting • Persuade chil- dren to avoid chat rooms • Talk with chil- dren about online exploitation • Teach children about reasonable resources online • Never post pic- ture online • Never give iden- tifying information online Eagan Police giving parents window to Internet Detective teaches parents about Internet safety, Warning signs BY JOSHUA NICHOLS Sun Newspapers A 22-year-old California man identified only as "youpiey0000" sat chatting with what he thought was a 15-year-old Eagan girl. What would that guy had done if he knew at the other end of the conversation was an Eagan Po- lice detective typing in a confer- ence room at the Eagan Police De- partment. Det. Doug Matteson logged into the Yahoo chat room to give parents gathered at his "Protect- ing Children Online" presenta- tion Oct. 14 a taste of what might be waiting for their children on- line. It's especially become impor- tant to keep an eye on what chil- dren are doing online because computers and the Internet are so prevalent today, Matteson said. While parents used to have to warn their children about the guy in the trench coat at the park, it's changed now. "Now that guy is coming into your house, through your high speed connection or through your dial -up," Matteson said. In his role as an Eagan detec- tive, Matteson has gone online in his "RachelRachel" persona as a 15-year-old girl and found older men more than willing to get to know his alternate persona. While putting together his pre- sentation, he went online and within 15 minutes he had re- ceived a message from a 46-year- old man who sent a naked photo to him. Still, one thing that Matteson(/' 5 wants to make clear to parents is the Internet isn't all bad. --� "It's not a bad thing," he said. INTERNET: To Page 28A -2004 LCA-Vision Inc. Pending credit approval, some restrictions and a down payment may apply. If payment -in -full is not received by the end of the finance period, accrued interest charges will apply. CaII now to schedule your FREE 20/20 Vision Exam. 1-888-529-2020 Lasi kP/us VISION CENTER www.Iasikplus.com We're glad we chose Fairview Eagan Clinic. You will be too. New royalty Burnsville High School Homecoming Queen Kaylee Laud after their recent coronation. Predatory offender downgraded Level III sex offender working in Eagan is now Level II by Erin Johnson THISWEEK NEWSPAPERS In December, the Eagan Police Department notified the community that Nasheed Abdullah Marzuq, a Level III sex offender, is now working on the 3000 block of Lunar Lane in Eagan. Since then, Marzuq, 49, of St. Paul has been reclassified as a Level II sex offender. Level III sex offenders are considered the most likely to re -offend, while Level II of- fenders are determined to have a moderate risk of re -offend- ing. Marzuq served 10 years in prison for raping two women, one of whom was a stranger, while brandishing weapons. He left prison on supervised release in April 2004, and he will continue to be super- vised by Ramsey County until 2010. See Offender, 17A Offenderlfrom lA According to the Eagan Police Department, offenders can petition the Minnesota Department of Corrections (DOC) for ars after t ereduc- tion three y ini- tial risk level is assigned. Offenders typically re- ceive their initial risk level a few months before they are released from prison, which means Marzuq likely received his in December 2003. That made him eligible for a review this past December. le) should just use Peo The original risk level is eyes of the law, Bolk said. based on the recommendation the same level of caution they of a psychologist, said Detec- would have already used," she tive Stefanie Bolks of the Ea- said. "Whether they're a Level gan Police Department. I or a Level III sex offender, we To even be considered for a still keep our eye on them." review, offenders must remain ke more information "squeaky clean" and fulfill all Forabout predatory offenders, the requirements set forth by visit the Minnesota Depart - the DOC upon their release, he had just one speed- ment of Corrections Web site "If Bolks said.at www.doc.state.mn.us. ing ticket, it would have dis- Erin Johnson is at eagan. qualified him," she said. ecm-inc.cat The offender must submit thisweek@ to a review committee a list of facts and circumstances that demonstrate he no lon- ger poses the same degree of risk to the community. The re- view committee also gets input from law enforcement and the offender's probation officer before making a decision. According to ed the e DOC, Marzuq a conditions and was granted reduction in his risk level.Because of Marzuq crimi- nal history of assaulting a stranger and his recent classi- fication as a Level III offender, the Eagan Police Department said it wanted to keep the pub- lic aware. The risk -level reduction is really just a technicality that rewards the offender for doing what he's supposed to in the National Night Out is Aug. 1 Police warn of possible online registration glitch by Erin Johnson THISWEEK NEWSPAPERS Residents throughout Ea- gan are preparing to lock their doors and hit the streets to cel- ebrate National Night Out on Tuesday, Aug. 1. From 5:30 to 9:30 p.m. citizens are asked to spend the evening outside with their neighbors, presenting a united front against crime. National Night Out has been celebrated across the country for the past 23 years. Eagan began celebrating the event in 1998. The event, which is spon- sored by the Eagan Citizen's Crime Prevention Association, serves an important purpose, according to Eagan police. It heightens awareness of crime, strengthens neighborhood spirit and community -police See NNO, 13A NNOlfrom lA partnerships and sends a mes- sage to criminals that Eagan neighborhoods are organized and fighting back. Many neighborhoods or- ganize block parties, cook- outs and special children's events for National Night Out, which they register with the police department. So far, about 80 neighbor- hood parties have been regis- tered in Eagan. But police are concerned that technical problems with the city's Web site may have caused some neighborhood registrations to be lost. The Web site was "bom- barded" with online registra- tions for days, said Eagan Police Officer Danielle Ansel- ment, followed by days where only a handful of registra- tions appeared. There may or may not be a problem, she said, but "we're just worried that some are floating around in cyber- space." The Eagan Police Depart- ment is asking people who registered online between July 5 and 12 to call Crime Pre- vention Specialist Jill Ondrey at (651) 675-5727 to confirm their registration. Confirmation is particu- larly important, Anselment said, because the first 100 registered parties will receive a four pack of Twins tickets with hot dog and beverage vouchers, as well as a guar- anteed visit from the Eagan Police and Fire departments. To register your neigh- borhood party, visit www. cityofeagan.com or call Jill Ondrey at (651) 675-5727. The deadline for registra- tion is July 21. Erin Johnson is at eagan. thisweek@ecm-inc.com. e^tn 0 y Eagan is participating in National Night Out Eagan is participating in National Night Out Against Crime and Drugs Tuesday, Aug. 1. National Night Out is intend- ed to heighten crime- and drug - prevention awareness; generate support for, and participation in, local anti -crime efforts; strengthen neighborhood spirit and partnerships with police; and let criminals know they are not welcome in Eagan neighbor- hoods. From 7 to 10 p.m. Aug. 1, people are encouraged to turn on their outside lights, go out- side and spend time with their neighbors. Events do not have to be elaborate, although some neighborhoods organize block parties and picnics. The Police Department will assist by arranging visits from officers, K-9 units, McGruff, fire fighters on fire trucks, public works per- sonnel and equipment and other city and police resources. Police can also help arrange for cones and barricades for block parties. The Eagan Citizen's Crime Prevention Association and the Eagan Healthy Community Initiative are partners with the Police Department in this year's event. All three organizations recognize the importance of strong neighborhoods to keep families and homes safe. If you have questions or wish to participate in National Night Out, call Officer Mike Schrader of the Eagan Police Department at 651-681-4748. • faces, one of `bestplaces' in2006 Eagan. new City gets two new chiefs, plans for better water quality, and continues to battle golf course development in 2006 by Erin Johnson THISWEEK NEWSPAPERS In 2006, Eagan had the unique distinction of placing 12th on Money Magazine's list of "America's Best Places to Live." A black bear spotted last fall in Patrick Eagan Park cer- tainly seemed to agree about the quality if life here, as did residents who elected familiar faces to lead the city. When it came to their state legislators, however, citizens seemed to want a wholesale change (with one exception). In addition, Eagan got a new police chief and its first fire chief, and nature lovers rejoiced when Patrick Eagan Park got a minimalist mas- ter plan. The city also began crafting an ambitious new plan to improve water quality, and chose to continue its legal fight over the fate of Carriage Hills golf course. Here's a recap of some .of the big stories from 2006: Public Safety Eagan's public safety de- partments saw changes in 2006 with a new police chief, See Review, 15A 1 5 Day, 4 Night Cruise For 2 z With Ever? New Caravan Purchase Receive a Fiun�ohftn/ A"d-sm tch's 0 popGE OF BURNSV ILLE Call For ntm An Appointm-888_786_ ent _,. Review/from lA the city's first fire chief, and the departure of its 911 dispatch- ers to a centralized county 911 center. The city named Mike Scott, a 19-year veteran of the Eagan Fire Department, as it's first full-time fire chief. Scott will oversee one of the state's largest volunteer fire departments, with a staff of 98 volunteers who respond to about 900 calls a year. Firefight- ing runs in Scott's family — his father was an Eagan firefighter, and his sister, Sgt. Linda Myhre of the Eagan Police Department, was the city's first female firefighter. Scott was captain of Fire Station Four in southeast Ea- gan before he was named fire chief. Jim McDonald, an 18-year veteran of the Eagan Police De- partment, was sworn in as the city's new police chief in Sep- tember. McDonald, who beat out more than a dozen candidates for the job, replaced Kent Therkelsen, who left in June to become the director of the Da- kota County Communications Center, the county's new, cen- tralized dispatch center. McDonald has been with the Eagan Police Department since 1988, beginning as a patrol offi- cer and rising through the ranks to deputy chief, the highest rank before chief. The Eagan Police Depart- ment said goodbye to its dis- patchers in 2006, many of whom had been with the city for 10 years or more. They will no longer be housed at the Ea- gan Police Department, but will move to the Dakota County Communications Center head- ed by Therkelsen. The center will combine the 911 dispatch centers from five cities into one integrated system housed in Empire Township. Goodbyes In addition to Therkelsen, who was Eagan's police chief since 1999, the city bid farewell to some high -profile commu- nity leaders. Pat Geagan hung up his hat after more than 30 years of public service when he ended his 4-year term as mayor in De- cember. Geagan joined the Eagan Police Department as a part- time officer in 1969 and was appointed police chief in 1989, retiring from the department in 1999. He successfully ran for mayor three years later. Eagan lost one of its most famous residents when Al Bak- er died in June at the age of 68 after a 14-month battle with co- lon cancer. Baker was well known in Eagan and surrounding cities, and he will be remembered as a warm, generous person who devoted himself to his commu- nity. He opened his namesake res- taurant in 1985, and although he sold it three years ago, he Mike Scott Jim McDonald managed to visit on a regular basis even in his retirement. Development issues The ongoing saga over the fate of Carriage Hills golf course continued in 2006, and promises to extend into 2007. Carriage Hills golf course owner Ray Rahn and housing developer Wensmann Homes are suing Eagan for denying a land use change to allow hous- ing on the 120-acre property. The property is currently guided for parks, open space and recreation. After losing the first round of the lawsuit in 2005, the city became gun-shy and agreed to settle, allowing Wensmann to submit a new plan for the site. Then a Minnesota Supreme Court ruling earlier this year sided with the city of Mendota Heights in its battle against housing on a golf course, prompting the city to deny the new proposal and continue fighting the lawsuit. An appeals court sided with the city in May, and now the Minnesota Supreme Court will have the final word in the two- year battle over the future of Carriage Hills. Arguments for the case are expected to begin this year, ac- cording to the city. The city successfully fought another lawsuit in 2006 brought by a developer seeking full ac- cess on a residential street for its grocery store and retail build- ings. Diffley Ventures LLC sued the city to get automatic ap- proval of its original plan for Diflley Marketplace, a grocery store and retail development planned at Diffley Road and Lexington Avenue. The original plan included full access to the 11-acre site from Daniel Drive, which resi- dents and the city were opposed to. Diffley Ventures alleged that the city missed a statutory deadline to approve or deny the original plan, which should re- sult in the plan's automatic ap- proval. A Dakota County District Judge dismissed the lawsuit, saying that the city gave the de- veloper a timely answer. The city approved a modi- fied version of the plan with- out access on Daniel Drive, but because the county won't al- low full access on Diffley Road without access on Daniel Drive, the development is essentially at a standstill. The redevelopment of Cedar Grove, however, will continue to move forward, even though the city parted ways with its master developer in 2006. The Eagan City Council terminated its agreement with Schafer Richardson after the developer missed an October deadline to submit Phase I plans for the project, planned as a vibrant urban center with a mix of retail, housing, office space, entertainment, and tran- sit stations. Schafer Richardson said that the condominium market has gone flat, making the original plan with 900 condo units no longer viable. Even replacing condos with rentals, senior housing and more commercial space would have left the plan with a finan- cial shortfall of more than $2 million. Photo by Rick Orndorf The city appointed a task force in 2006 to help update the city's Comprehensive Water Quality Management Plan, established hi 1990. Eagan, which has more than 350 lakes and ponds, is focusing on ways to improve water quality over the next 10 to 15 years. Eagan, which has already purchased 70 percent of the properties in the redevelopment area, will soon begin soliciting formal proposals from other developers. Top city Money Magazine named Eagan the 12th best place to live in the nation on its annual list of "America's Best Places to Live" in 2006. . To compile the list, the maga- zine focused on cities with pop- ulations of more than 50,000. Editors then researched and reviewed data on a wide range of economic and quality -of -life indicators, including ease of liv- ing, health, education, crime, park space, arts and leisure. The list was narrowed from 745 cities to the 100 best places to live, and Eagan was ranked 12th. Eagan is such a popular place, in fact, that even those who don't live here want to rep- resent it. Miss Eagan contestants who live in other cities successfully convinced the City Council to reject a residency requirement while still allowing the pageant to be held at the Eagan Com- munity Center for free. The pageant, held during the city's July 4 Funfest, will remain open to girls who attend school in one of Eagan's three school districts: 191, 196, and 197. Council Member Cyndee Fields had proposed changing the rules to require that contes- tants reside in Eagan. Former Miss Eagan winners and hopeful contestants pro- tested, saying they may not live in the city, but they are very ac- tive in the Eagan community. The past two Miss Eagans have lived in Apple Valley. Parks, recreation Eagan is such a desirable place to live in part because of its natural amenities, like green space and an abundance of lakes, ponds, and wetlands. In 2006, the city looked to improve the quality of its bod- ies of water by drafting a new water quality plan that includes input from a task force and resi- dents. The updated plan will guide Eagan's water quality decisions over the next 10 years and help it comply with new state and federal regulations. The new regulations may have in part driven the plan, but the city said it is still looking to exceed the new standards. A draft of the plan was pre- sented to the City Council in October followed by a 60-day public comment period. The City Council will hold a public hearing in February before de- ciding to approve or modify the plan. One of Eagan's natural gems, Patrick Eagan Park, finally got a master plan in 2006 that will largely keep the park the way residents want it — natural, with very limited development. The 114-acre park, located at 3981 Lexington Ave. S., will get some new amenities, like seating areas made of natural materials, a picnic shelter and informational signs The entrance to the park will be reconfigured with a new parking lot, and there will three overlook areas that highlight views of McCarthy Lake and the park's South Pond. Some existing trails will be rerouted to minimize erosion. Trail surfaces will be kept as natural as possible, with the exception of a proposed board- walk at the north end of Mc- Carthy Lake. A large area on the upper level of the park near the Eagan Art House will remain open for a potential future structure. The city recently took own- ership of the Eagan Art House, an independent non-profit or- ganization founded in 1997. The Art House will now become part of the Parks and Recreation Department, al- though the organization's board will remain intact. The Parks and Recreation Department also unveiled a new miniature golf course at Cascade Bay in July. The 9-hole course, called Captain's .Course, is located next to the water park at 1360 Civic Center Drive. THISWEEK January 6, 2007 I SA Elections Eagan looked much like the rest of the nation this past No- vember when voters ousted two Republican incumbents, Sen. Mike McGinn and Rep. Tim Wilkin, in favor of their DFL challengers. Wilkin was defeated by DFLer Sandra Masin in Dis- trict 38A, and Sen. Mike Mc- Ginn lost his bid for a second term to DFLer Jim Carlson. Rep. Lynn Wardlow man- aged to hold on to his District 38B seat in a tight race with DFL challenger Mike Oberm- ueller. Eagan residents also fac- tored heavily in statewide races on election day. Gov. Tim Pawlenty was re- elected, and Lori Swanson was elected as the state's new attor- ney general, while former Ea- gan Mayor Pat Anderson lost her re-election bid for state au- ditor. In December, Eagan resi- dent Rachel Paulose was con- firmed as the U.S. Attorney for Minnesota. She was nominated by President George W. Bush in August. Eagan voters may have want- ed change at the state level, but when it came to city races, they chose familiar faces. Council Member Mike Maguire defeated fellow City Council Member Cyndee Fields to succeed Pat Geagan as may- or. Geagan did not seek re-elec- tion. Voters also re-elected Coun- cil Member Peggy Carlson, and they chose to bring back former Council Member Paul Bakken, who served from 1998 to 2002. To make it easier for resi- dents to watch their city leaders at work, Eagan unveiled Web - cast Central in 2006. Webcast Central allows residents to view any and all live meetings, from those of the Parks and Planning commissions to the City Coun- cil, on the city's Web site. Residents can either view meetings as they're happen- ing, or they can watch previous meetings for up to a year after they were originally broadcast. The year ahead The city may finally get an answer on the future of Car- riage Hills in 2007, and Eagan's lawsuit against the Metropolitan Airports Commission (MAC) could go to trial this year. Eagan, along with Min- neapolis and Richfield, is su- ing the Metropolitan Airports Commission (MAC) for what it claims are broken promises regarding noise insulation for homes near the airport. This year is also an impor- tant deadline for Gift of Mary Children's Home, a 200-bed or- phanage proposed by Mary Jo Copeland and approved by the council in 2002. According to the city, pre- liminary planned developments are valid for five years from the time they are approved. Gift of Mary's preliminary planned development is set to expire in June 2007, at which point the city can take action to terminate its approval of the project. Copeland has yet to raise the necessary funding for the project. If the city does not choose to terminate the project, it can still go forward. Erin Johnson is at eagan. thisweek@ecm-inc.coin. 6A January 6, 2007 THISWEEK Activism by John Gessner THISWEEK NEWSPAPERS Politicians always say they want to uplift the next genera- tion. But before she was elect- ed to the Minnesota House of Representatives, much of Shelley Madore's activism ac- tually did involve kids — kids like heir: Shelley and Paul Madore's 13-year-old son, Jason, was di- agnosed with autism in 1997. Their 16-year-old daughter, Erica, was diagnosed with spi- na bifida in 1998. "It was kind of a one-two punch," said Madore, 44, who represents Apple Valley and southeast Burnsville House District 37A. "I went from be- ing a mom of two kids with quirks to a mom of two kids with disabilities. That's really what started my outreach to the community." The Apple Valley resident is one of five new DFL legis- lators south of the river who were elected in November. She defeated Republican in- cumbent Lloyd Cybart in a rematch of their 2004 race. Madore has mastered the bureaucratic maze of pro- grams and benefits for people with special needs, especially children. She said she was prompted to run in 2004 af- ter hearing former Rep. Fran Bradley, once a Republican leader on health and human services committees, equate the TEFRA program with a family putting a child in youth hockey. TEFRA is a state -adminis- tered Medicaid program that helps parents buy supplemen- tal services for income -eligible children with disabilities. The program helped her family afford behavioral services for The five freshmen South -of -the -river Democrats are newcomers at the Capitol begins at home for Shelley Madore included changes in how the new money would have been distributed that were favorable to Dakota County. Madore still supports the tax hike. "I think the voters want us to do something," she said.. "The last thing they want to do is sit in traffic. It's not ben- eficial to anyone." It's time the state honored its commitment to K-12 edu- cation with less reliance on property taxes, as envisioned by reforms under Gov. Jesse Ventura, Madore said. "Funding of the schools is a state mandate, and I think they (voters) are getting it, that it needs to come from the state," she said. Madore said Minneso- taCare health insurance fund- ing must be restored after cuts by Pawlenty and the Republi- cans dropped some 38,000 sin- gle adults from the program. She'd like to add more progressivity to the state in- come-tax code, equalizing the percentage of income paid by those in the lower and upper brackets. Madore also has a pet proj- ect. She wants to add mea- sures of employability to the individual education plans of special -education students. Schools don't do enough to prepare them for work, Ma- dore said. "You've got no better em- ployee than someone who wants to follow the rules and do a good job," she said. "That would be a person with disabilities." Photo by John Gessner The new DFL representative in House District 37A, Shelley Ma- dore is a community activist who frequently finds time for a cup of mocha at Big Apple Bagel in Apple Valley. her autistic son, Madore said. "Shame on us," said Ma- dore — who also bristled at the "welfare health care" refer- ence once used by Republican Gov. Tim Pawlenty to describe MinnesotaCare health insur- ance — "if asking for help is seen as being weak or seen as lazy" Hailing from Connecticut, Paul and Shelley came to Min- nesota from Boston in 1990, where she was involved in the League of Women voters. The family has had a love affair with the Minnesota Zoo, where daughter Erica volun- teers, since moving to Apple Valley in 1991. "It's part of our life," said Madore, a stay-at-home mom since leaving the financial- services industry shortly after coming to Minnesota. "The first thing we got was a zoo membership. It's a great place to go when you're a mom and it's cold out." Madore joined with School District 196 and the ARC Great Rivers Branch to start a network for parents of chil- dren with autism. She contin- I i Brief This is the second in- stallment in a two-part look at new legislators representing the coverage area of Thisweek News- papers. South of the river, five DFLers unseated Republicans in the No- vember elections. Stories profiling Sen. Jim Carl- son, DFL-Eagan, District 38, and Rep. Sandra Ma - sin, DFL-Eagan, District 38A, appeared in the Dec. 30 edition. ues to publish a newsletter for parents of special -needs chil- dren. "My e-mail is always full, and my phone rings regular- ly," Madore said over a cup of mocha at Big Apple Bagel in Apple Valley, a favorite hang- out. Numerous other volunteer assignments have included membership on community and special education advi- sory committees in District 196, as well as Apple Valley's Urban Affairs Committee and Fourth of Ally Parade Com- mittee. Madore also serves on the 35W Solutions Alliance. "I regularly attend the county commissioner meet- ings and the city meetings in Apple Valley and Burnsville, so my learning curve is very small," Madore said. Dakota County's underde- veloped transportation system is inhibiting economic and job growth, she said. Madore said the 2005 transportation bill vetoed by Pawlenty — which had a 10- cent hike in the gasoline tax — John Gessner is at burnsville. thisweek@ecm-inc.com. Ex -rocker, family man unseats veteran senator by John Gessner THISWEEK NEWSPAPERS Sen. John Doll scored prob- ably the biggest upset among the five area DFLers who un- seated Republican incumbents in November's legislative elec- tions. Doll, of Burnsville, end- ed the 26-year career of Bill Belanger of Bloomington, who had a reputation for bi- partisanship and was the Re- publican minority's lead sena- tor on taxes. Doll is a newcomer whose political resume includes door - knocking for presidential can- didate John Kerry in 2004. "You're not a 26-year in- cumbent by accident," said Doll, whose District 40 in- cludes most of Burnsville and parts of Savage and Bloom- ington. "He earned it. He was well-known." But this election was about change. "Being in office for 26 years isn't necessarily a plus this year," said Doll, 45. Doll graduated from St. Francis High School in north- ern Anoka County in 1979. He studied political science and urban affairs at the University of Minnesota but didn't grad- uate. Doll spent a few years try- ing to make it in rock 'n' roll. His best-known band was Three Faces Turned, for which he was lead singer. The band mixed original songs with cov- ers by progressive acts of the day such as REM, the Psyche- delic Furs and U2. "We tended to cover U2 pretty well," Doll said. "It was a fun group of guys. It's good to have that creative tension, but sometimes it will explode on you." When Three Faces Turned broke up Doll leased his prac- tice space to the guys in the band Soul Asylum, who were becoming stars. Eventually Doll abandoned his dream, but he took more from music than good times remembered. In 1985 he married Three Faces Turned's former man - Photo by John Gessner District 40 Sen. John Doll of Burnsville is a residential tile and stone contractor. ager. Robyn Doll brought five son. children to the marriage, and "Now we have six grand - together she and John had a children and one more on the way," Doll said. "I'm a grand- father, and very proud to be one." He eventually found his ca- reer in the tile and stone busi- ness, working at the Tile Shop for several years. In 1999 Doll launched his own residential contracting firm. "My main source of adver- tising is business cards," Doll said. "I've never taken out an ad. My phone always rings. My calling card is the work that I do." In 2004 Doll attended his first DFL precinct caucus. He volunteered for Kerry, and his political involvement grew. "I was asked by the chair of Congressional District 2 DFL if I would consider running" against Belanger, Doll said. "I gave it some serious thought, because I knew it would be a sacrifice and a huge time com- mitment." The war in Iraq helped spur his growing activism, Doll said — both his unflagging opposition to the war and the See Doll, 18A Eagan Police chief going to new position Chief Kent Therkelsen to leave May 26 after more than six years with Eagan JOSHUA NICHOLS • SUN NEWSPAPERS The Eagan Police Department will soon 3e looking for a new leader after Chief Kent Therkelsen was selected May 4 to head the new Dakota Communications Center (DCC). The DCC is established under a joint powers agreement between 11 cities and the county to provide consolidated 911 dis- patching from a single center. "I've been involved in the long-term planning for Dakota County when it came to public safety communication almost since I came to Eagan," Therkelsen said. "I have always been impressed by the way the cities, the county and the various agencies in the county work together to get things done." THERKELSEN: TO PAGE 23A Therkelsen Residential Tbwnhomes Condos • Professional Experienced Crew • Complete Clean•Up & Magnetic Sweep MINNESOTA IN .tic SIDING C©. WINDOWS - SIDING - ROOF i us anu IV /us, uctui found herself irresistibly the rock star radical witl connection and a mysteric "I normally wouldn't b deep into his life and the: www.mnSun.Com Apple Valley, Rosemount & Eagan Sun-Cun'ent/Thursday, May 11, 2006 23A Therkelsen FROM PAGE 1 A Therkelsen, who has been Eagan's police chief since 1999, has served on the Metropolitan Radio Board and is cur- rently on the Statewide Public Safety Radio Board. He also served as chair of the Dakota County Public Safety Radio Study from 2003 to 2004 and is chair of the Design Work Group for the Dakota County 800 MHz radio project, both precursors to the DCC project. Therkelsen said the issue of public safety communication has always been important to him and his new position gives him a chance to continue working in that area. "Our communication service deliv- ery is so critical to our cities and it's especially critical every day to our first responders," Therkelsen said. "I want to be able to continue to provide the same level of service county residents have come to expect. On the day we open, I want a resident who calls 911 to not know anything has changed." The DCC was established by a joint powers agreement and Therkelsen will report to an elected 12-member board of directors and an executive committee consisting of officers from the member jurisdictions. He will oversee a staff of about 60 people and will be paid a salary of $116,000. The projected annual operating budget for the DCC is $4.6 million. Funding for the organization comes from participating jurisdictions through a formula based on population and level of activity. Therkelsen's last day as Eagan's police chief will be May 26 and he will begin his new duties as the new DCC executive director June 26. Eagan Deputy Police Chief Jim McDonald, an 18-year veteran of the force, will serve as acting chief until the Eagan City Council names a successor to Therkelsen. The search process is expected to take upwards of 90 days. "Therkelsen demonstrates strong problem solving skills, is an effective communicator, is highly achievement oriented and demonstrates a strong leadership presence," said Lakeville City Administrator Steven Mielke, Chair of the DCC Executive Committee. "Therkelsen is well respected in Dakota County by his peers and those who have worked with him on county -wide initia- tives." Burnsville Mayor Elizabeth Kautz is serving as chair of the DCC board of directors. During his more than six years with the Eagan Police Department, Therkelsen has led the department through a significant departmental reorganization, the acquisition of a state-of-the-art incident command vehi- cle and the implementation of an emer- gency preparedness phone network. Therkelsen has a bachelor's degree in public administration from Metropolitan State University and is enrolled in the master's degree program in the School of Education at the University of St. Thomas. Prior to his employment with Eagan, Therkelsen served for 22 years with the Bloomington Police Department begin- ning as a police officer and advancing to the position of deputy chief. "The people of Eagan are losing a great police chief but the citizens of Dakota County, including Eagan, are getting a first-rate leader and consensus - builder to construct and run a county- wide consolidated dispatch center," Eagan City Administrator Tom Hedges said. "I can't think of a better gift to all our public safety than this talented individ- ual," Hedges added. Therkelsen said there is much work to do to help get the DCC up and run- ning. Chief among them is designing and opening the new central dispatch center, which will consolidate the five dispatch centers currently in use in the county. The building, which will be con- structed in Empire Township in central Dakota County just south of Rosemount, will be owned by Dakota County with the Dakota Communications Center a tenant in the building. "I really want to pay attention to that project," Therkelsen said. "I want to have a good building plan so that it will be a great addition to the county" It will be just as important to have a good transition with the dispatch work- ers in the county, including establishing the DCC's own customs and traditions, Therkelsen said. "There's a lot to do before we take that first call," he said. While it was a difficult decision to leave Eagan, Therkelsen said he leaves a department that is in great shape and has an excellent command staff to help lead it into the future. "Eagan has been a police chief's dream," Therkelsen said. "We have a strong staff and a great organization. There's also a very supportive and involved community. It's hard to leave, but I still will be working in the public safety community and ensuring the res- idents of the county, including Eagan, continue to experience the same great level of service they've come to expect." 24A Apple Valley, Rosemount & Eagan Sun-Current/Thursday, May 11, 2006 www.mnSun.com loin us for an adventure — make memories for a lifetime! Y Summer Power School Age Care for grades K-6 Quality care and exciting adventures! This highly active program blends theme weeks with age appropriate activities and exciting field trips to destinations in the metro area. Flexible 3-4 and 5 day options. Y Summer Sports For grades 1-6 Summer Sports offers specialty clinics, theme weeks, recreational play and sports -related field trips. Flexible 3, 4 and 5 day options. Y Uproar Preteens and teens grades 5-9 Spirited adventure, awesome field trips and growth opportunities. Supersized teen tun prevents summer COMMUNITY LINE Ryan Sharma of Eagan has won a Lowell R. Laudon outstanding junior scholarship from the University of Wisconsin at Madison, geology and geo- physics. The following students from Eagan received their degrees from Metropolitan State University during winter commencement ceremonies: Aaron Ash, B.S. finance, Andrew Bosl, B.S. accounting, Tito Garcia, B.A. computer information systems, Rebecca Gilles, M.B.A., Travis Hardy, individualized B.A., Adam Jacobson, B.S. law enforcement, Teresa Kittleson, B.S. marketing, Erica Knipe, B.A. psychology, Michael Lozovskiy, M.B.A., Donna Maher, B.S. marketing, Jeremiah Mahler, B.S. law enforcement, Abhik Mitra, masters of public and non-profit admin., Amy Neubauer, B.S. marketing, Michelle Neumann, individualized B.A.. Zarina Orbidan, B.S. finance, Deborah Reeves, individualized B.A., Christine Seide, B.S. marketing, Ann Steele, B.A. professional communication, Ugnius Valiauga, B.S. business admin., Shannon Waldrop, B.S. computer sci- ence, with honors, Jenni White, B.S. human resource management, Peter Zagrzebski, B.S. computer science. Lindsay Anderson of Eagan was inducted into the University of Nebraska -Lincoln chapter of Beta Gamma Sigma in April. City honors its 911 dispatchers one last time Next year, Eagan will join countywide emergency dispatch system by Erin Johnson THISWEEK NEWSPAPERS Public safety dispatchers don't often get the same recog- nition as the more high -profile first responders, said Eagan Police Chief Kent Therkelsen, but their role is just as vital. "I have never ceased to ad- mire our dispatchers for the work they do," he said. "The focus is usually on the officer who throws the handcuffs on or the firefighter who goes into the building, but they could not do that without the dispatchers' involvement. We can't function without them." The city recognized its dis- patchers with a reception last week during National Public Safety Telecommunications Week, a celebration made poi- gnant by the fact that Eagan will soon bid farewell to its dispatch staff. Starting next January, Ea- gan's dispatchers will no lon- ger be housed at the Eagan Police Department, but will make the transition to the new, countywide 911 system at the Dakota County Communica- tions Center. "There are a lot of people that rely very heavily on dis- patchers for their personal See Dispatch, 5A Photo by Erin Johnson Eagan dispatchers like Dawn Anderson will become part of a new, consolidated county system beginning in January. The city cele- brated its dispatchers at a reception last Tuesday during National Public Safety Telecommunications Week. iww1STHLU111 Appointment 1-866-350- 3.8L, PW, PL, PS, Power Doors, CD, Quad Seats, Rear Heat & Air STOW1 H GO #84317 8,OOO OFF MSRP $27, 1 Discount -$3,000 Rebate -$3,50 Trade Bonus -$ 500 April Bonus -Ri nnn Lease For: all For An 2006 DODGE GRAND CARAVAN SXT Special Edition Loaded! -Free DVD, P. Sunroof, 6-Disc In -Dash CD/DVD. Heated Leather, Power (Litigate, Doors, Wind., Locks, Mirrors). Sunscreen, Wheels & More! #84266 8,161 , OFF ' CI4L EDITIONS MSRP Free DVD -$1,150 Discount-$2, Rebate -$3,500511 Aoril CFC Rebate -$1 000 Lease For: C E FI / "Equipped, Not Stripped "- (Windows, Locks, Mirrors), Sup AGM MSRP $2 Discount -$: Rebate -$ April CFC Rebate -$ Dispatch/from 1A safety, both citizens and first responders," Therkelsen said. "So the thought of changing the delivery system is a little scary, but I'm very confident that we will maintain the high level of service we've been accustomed to." At this point, Eagan's en- tire dispatch staff is set to make the transition. While all agree it will be a positive move, it won't be without its challenges. "We're all a little nervous, and we're not sure what to expect. But most of us are looking forward to it," said Dawn Anderson, who has been a dispatcher for 21 years. "We're all coming in as experienced dispatchers - that's going to make a big difference. Hopefully we won't see a big change in the transition." Dispatchers often iden- tify strongly with their city's police officers and firefight- Ns, something that might be difficult to replicate on a countywide basis, she said. "We've had a close rela- tionship (with Eagan officers) for so long, you kind of won- der what's going to happen," she said. "Our officers have no problem walking in here and acknowledging you've done a great job, and they don't mind sharing with you how a call turned out. You learn from that — knowing the outcome of a call makes you a better dispatcher." Troy Ruby, Eagan's dis- patch supervisor, said that daily, face-to-face interac- tions can be a real benefit for both officers and dispatch- ers. "You come to know some- one much better than you would if you just talked to them on the radio," he said. "A lot of times we can tell if an officer is in a dangerous situation simply by the voice inflections." That will be one of the challenges of the new sys- tem, Therkelsen said, which will consolidate dispatchers from around the county into a single building in Empire Township. "That familiarity is an in- tangible benefit that we're go- ing to have to work very hard on in the new operation;" he said. National Public Safety Telecommunications Week, which falls on the second week of April each year, is an effort to highlight the role of 911 dispatchers in public safety. Eagan dispatchers handle an average of 135 calls daily, but Anderson said there is still a good deal of "public unawareness" about their job. "People see that the offi- cers are there to help them, but they don't often think about how the officers got there," she said. "National Public Safety Telecommu- nications Week tries to raise awareness that there's a per- son here 24 hours a day, sev- en days a week, on holidays and weekends, every time you need help there is somebody there to answer that phone for you." Anderson remembers one incident in which a woman called into 911 after someone broke into her apartment and raped her. Dispatchers not only sent help immediately, but they stayed on the line with the woman until offi- cers arrived. Because of their quick actions, police caught the suspect within moments. "That's teamwork. We do it many times over, and we support each other, and we're really proud of that," she said. Dispatchers have received some bad press lately after a Detroit operator failed to re- spond to the call of a 5-year- old boy, whose mother later died. That wouldn't happen in Eagan, Ruby said. "We have a motto, 'When in doubt, send them out,' " he said. "We do not know what is going on on the other end of that line, and we can- not risk missing it. We don't make judgements here to that extent. There was absolutely no reason why they didn't send a response on that." But for most people, 911 dispatchers represent an in- valuable lifeline. "I am just astounded at all the compliments I receive out in the community from citizens who have called our dispatch center," Therkelsen said. "We have been extreme- ly well served by our dis- patchers." Erin Johnson is at eagan. thisweek@ecm-inc.com. dates, the firm will get input from staff and the community on characteristics they want in a superintendent and then look for candidates who best match those characteristics. Community focus groups will be held May 8 and 9 and are open to the public. In other district news, the school board ratified contracts for transportation employ- ees, food service workers and paraprofessionals at its April 3 meeting. The groups had been without contracts since 2004. Erin Johnson is at eagan. thisweek@ecm-inc. com. cess: Credit Union used on your success. the service and ct from a business ies of Credit :necking t Cards rocessing Q IrCUA rtN OI 1-225-2700 rw.cccu.com Doodle Road, Eagan Tall Business" 4/15%637356.2 GreenGuardian. com catalogs metro area Earth Day events GreenGuardian.com has compiled a comprehensive list of Earth Day activities and events in the metropolitan area, www.greenguardian.com/ news_calendar.asp#earth_day, as a service to residents in the region. Held in local communities throughout the region, events range from park, lakeshore and watershed clean up to commu- nity celebrations to 5K runs. The life-size Green Guard- ian mascot will appear at three events: Lebanon Hills Earth Day Celebration, Minnesota Zoo Earth Fest and Afton - Lakeland School Carnival. Earth Day started in 1970 as an effort to educate people about the natural environment. Today, Earth Day is the only event celebrated simultaneous- ly around the globe by people of all backgrounds, faiths and nationalities. Residents and businesses can check with GreenGuardian. com to find out ways to create less trash, recycle more and dis- pose of hazardous items safely. GreenGuardian.com, launched in 2003, is sponsored by the metro region's Solid Waste Management Coordi- nating Board (SWMCB), com- prised of the six member coun- ties (Anoka, Carver, Dakota, Hennepin, Ramsey and Wash- ington) and the Minnesota Pol- lution Control Agency. Severe Weather Awareness Week is April 17-21 The city of Eagan, along Families and second -shift with several other cities in Da- workers should practice their kota . County, will be setting sheltering plans during the off the outdoor warning sirens 6:55 p.m. drill. on Thursday, April 20 at 1:45 The 2006 Severe Weather p.m. and 6:55 p.m. as part of Awareness Week Web site, Severe Weather Awareness www.readyminnesota.org, Week, April 17-20. is a comprehensive resource Schools, businesses and for information from emer- hospitals are encouraged to gency planning and response practice their sheltering plans agencies. during the 1:45 p.m. drill. Home and Commercial - Licensed and Insured LANDSCAPING Trees • Shrubs • Rock Edging TREE SERVICE HUSTON'S Jeff and Nyle i'k r' CI 11P. c A S ' 1 Opinion cafe icsk ackirso N \,, .4o; - Letters Republican Time Magazine "Person of es. School population growth increases exnenses. Efforts THISWEEK NEWSPAPERS Dakota County's 800 mega- hertz (MHz) consolidated 911 system is planned to "go live" by next year. Nine core radio sites have been secured on existing cell and water towers in cities from Eagan to Lakeville, and nego- tiations are underway to add a signal onto the Verizon tower in Hampton. The additional tower is nec- essary, said County Risk and Homeland Security Manager B.J. Battig, because of concern that the southeastern portions of the county would not have adequate signal coverage with- out it. Commissioners were up- dated regarding work on the radio system during a com- mittee meeting April 4. Coverage of the area will be confirmed with testing, said Battig, who assured Commis- sioner Joe Harris, who rep- resents the rural areas of the county, that citizens will be able to contact emergency ser- vices. Implementation of the 800 County's joint dispatch plans are taking shape County officials target 2007 to begin operations by Laura Adelmann MHz network has been divid- ed into three areas: Joint dis- patch, buildings and creation of the 800 MHz subsystem. Battig focused primarily on the subsystem implemen- tation, but noted the county is working out employment strategies for hiring all existing staff working at 911 call cen- ters throughout the county. Interviews are being con- ducted now, and by January 2007, Battig said staff will be hired and employed by the joint dispatch system. Since 2004, the county and cities have been working to ex- pedite implementation of the joint dispatch system to meet a federal $4.48 million grant deadline. In May 2005, the county met the deadline to spend the first $1.5 million planning grant, and officials from the county and cities unanimously committed to the project, re- quired for it to move forward. The study showed that joint dispatch, although expensive to implement, would improve communications and over time be a less expensive alter- native than for the entities in- volved to maintain individual dispatch centers. About $8.6 million in grants are also helping to fund radio equipment for the center and portable radios for emergency workers. A firefighters grant has been applied for in hopes of it providing for a county- wide fire paging system and emergency medical dispatch software. Complicated in scope, li- cense agreements between the state and local public and private entities are also being worked out. Since Novem- ber, six agreements have been signed, including the radio shelter contract with Miller Building Systems. Still underway is . obtain- ing radio plan approvals, fire alerting and siren activation, and lease agreements with cit- ies for core radio sites. Battig said system testing is scheduled to start by next June, and the project complet- ed by the end of 2007. Laura Adelmann is at dceditor thisweek@ecm-inc.com. ,----r1;\ is iit) 1/34,,id Eagan Celebrate National Night Out for chance to win Twins suite Neighborhoods across Eagan will celebrate Na- tional Night Out from 5:30 to 9:30 p.m. Tuesday, Aug. 3. In honor of Eagan's 150th anniversary, neigh- borhoods that bring food or cash donations for the city's food drive will also have the chance to win a Twins suite for 24 people for the Oct. 2 game. Registered neighbor- hoods will get one raffle en- try for every 50 pounds do- nated. Every dollar donated equals 3.5 pounds of food. Neighborhoods can reg- ister their parties through the end of the day Monday, Aug. 2. The city's goal this year is to raise a total of 300,000 pounds of food for area food shelves. Currently do- nations are at about 240,000 pounds of food. "The more food or mon- ey you donate, the more chances you get to win," said Scott Swenson, chair of the Eagan Sesquicenten- nial Volunteer Committee. This could be a record year in Eagan for participa- tion in National Night Out, said Police Chief Jim Mc- Donald. "We started in 1999 with only 29 neighborhood par- ties and this year we expect to have 185 parties," he said. Co -sponsored by the Eagan Citizens Crime Pre- vention Association, Na- tional Night Out is one of the best ways to get to know your neighbors and increase a sense of community, ac- cording to police. The event encourages residents to lock their doors, turn on their outside lights, and spend the evening with their neighbors, sending a message to criminals that Eagan neighborhoods are organized and working to deter crime. For more information, call Jill Ondrey, Eagan crime prevention specialist, at (651) 675- 5727. * sit our PLETE Estate istings line at: Building to be sold, but Ben Franklin not going anywhere Lakeville's 'five and dime' store, family owned for more than 30 years, offers something for everyone by Derrick Williams THISWEEK NEWSPAPERS Ben Franklin is just one of the many family -owned businesses that give down- town Lakeville its small- town feel. Half variety store, half "five and dime," Ben Franklin, located at 20765 Holyoke Ave., has offered a gamut of services in the 30 years Scott Erickson has nwned it.