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Home My WebLink About2003-103 / 1 RESOLUTION NO. 2003-103 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL. 2 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 Section 1. The Mayor and Common Council of the City of San Bernardino authorize the Chief of Police to execute a memorandum of understanding (MOO) with the California 9 Highway Patrol (CHP) regarding drug investigations originated by the California Highway 10 Patrol, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 11 reference as fully as though set forth at length. 12 Section 2. The Mayor and Common Council of the City of San Bernardino authorize 13 the Chief of Police to continue to be a signatory party to this memorandum of understanding 14 (MOO) at each bi-annual renewal unless it contains significant changes. 15 Section 3. The authorization to execute the above referenced memorandum of 16 understanding is rescinded ifnot signed within one hundred-twenty (120) days of the passage 17 of this resolution. 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III BCL:S:\Council\CHP asset forfeiture reso.doc ! 2003-103 " 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL. 2 3 4 5 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council ofthe City of San Bernardino at a j t. regular meeting thereof, 7 5th May held on the day of 8 Council Members: AYES 9 X ESTRADA 10 X LONGVILLE 11 MCGINNIS X 12 DERRY X - 13 X SUAREZ 14 X ANDERSON 15 X MCCAMMACK 16 17 , 2003, by the following vote, to wit: NAYS ABSTAIN ABSENT Q~ 1:; r!.-R-c~ '---- CITY CLERK 18 The forgoing Resolution is hereby approved this f) f1,l- day of May ,2003. i/ c2-t-L- . Judith Valles, Mayor City of San Bernardino 19 20 21 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN, City Attorney 25 By: . '. 2003-103 MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS This is a Memorandum of Understanding (MOD) between the San Bernardino Police Department and the California Highway Patrol (CHP) San Bernardino Area regarding drug investigations originated by the CHP within San Bernardino County. PURPOSE The purpose of this MOU is to establish when the signatory agency shall be notified and offered the opportunity to handle drug investigations originated by the CHP. CALLOUT PROCEDURES The California Highway Patrol will notifY and request on-scene assistance from the signatory agency when one or more of the following circumstances occur: I. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant Section 11470 ofthe Health and Safety Code (HSC) (i.e., possession for sale, transportation, manufucturing, or conspiracy related to drugs) or federal law pursuant to Title 21 United States Code (USC), Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering offenses). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufucturing operations. B. Money linked to drug transactions. (Minimum currency amount $1000.00). C. Minimum drug amounts for call-out of the signatory agency. 14.25 grams (half ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin or cocaine base (rock cocaine). 28.5 grams (one ounce) or more ofa substance containiog powder cocaine, methamphetamine, or other Schedule I or II controlled substances, except marijuana, peyote, or psilocybin mushrooms. 10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms. D. Any conveyanee containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (Section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigation. EXPECTATION When the signatory agency is notified of drug investigations whieh meet the aforementioned criteria, it is the expectation of the CHP the signatory agency will accomplish the following' ~. , 2003-103 1. Either telephonically decline to respond or arrive at the scene or local CHP Area office within the jurisdiction of the signatory agency within 30 minutes of notification. Upon the arrival of the signatory agency, they may decline to handle the investigation to its conclusion. By no means shall the signatory agency be obligated to handle drug investigations originated by the CHP. 2. If accepted, the signatory agency shall prepare a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceedings pursuant to Sections 11470 ct. al HSC. A copy of the investigative report is to be provided to the Inland Division Special Enforcement Unit, attention Asset Forfeiture Coordinator. 3. Refer non-qualifying state cases to the appropriate federal agency for evaluation and possible adoption. CASH SEIZURES When cash seizures are made by the CHP, the CHP will maintain control ofthe cash until a true and aceurate count is obtained. If the sum of cash is too large to count at the scene, it is to be bagged and tagged and retained by the CHP until it can be counted. A representative from the involved allied agency should be present at the money count. EQUITABLE SHARING The California Highway Patrol will not normally request more than twenty-five (25) percent of the law enforcement share ofthe forfeited asset(s) when assistanee is requested solely from the signatory agency and the related case has been actively investigated to conclusion or submitted for federal adoption by the signatory agency. DURA nON AND TERMINA nON PROVISIONS Any party to this agreement desiring to terminate its participation shall notifY each signatory to this agreement in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less that ten days from the date of said notification. The parties, evidenced by their signatures hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effect until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement may require amendments during the term of this MOU if their governing bodies so direct. If any provision ofthis MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue to remain in full force and effect. Each participating agency shall maintain full financial responsibility for their respective employees during a joint investigation under this agreement. This would include, but is not limited to, acts of misconduct, vehicle accidents, and industrial injury claims. Additionally, the participating agency shall also be responsible for any and all workers compensation claims of their respective employee(s). Neither party to this agreement, it's officers, agents, and employees shall be deemed to have assumed any liability for the negligence of participating agencies or any of their officers or employees. Participating agencies and the State of California shall hold each other harmless from liability for acts or omissions of the other. - . 2003-103 Each party to this agreement agrees to defend, indemnifY, and hold harmless the other parties to this agreement in regard to any and all liability imposed on the agreeing parties due to the acts or omissions of another party's assigned employee(s). Said sums shall include in the event of legal action, court costs, expense of litigation and reasonable attorneys fees. The costs, salary and expenses ofthe City Attorney and members of his office in enforcing -tlris cunh ad un bdmlf ufthe City-shall be considered as "attorney's fees" for purposes ofthis paragraph. Likewise, the costs, salary and expenses of the California Highway Patrol's counsel in enforcing this contract on behalf of the Department ofthe California Highway Patrol shall be considered as "attorneys' fees" for purposes of this paragraph. AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW, ~~."S Date 1.V J. E. ZABO, Captain Calif, rnia Highway Patrol - San Bernardino Area c~,.~ Title ~. \ ~-,:,,> Date