HomeMy WebLinkAbout2002-172
RESOLUTION NO. 2002-172
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN
BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT).
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2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AS FOLLOWS:
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5 Section 1. The Mayor and Common Council of the City of San Bernardino authorize th
6 Mayor to execute an amendment to the agreement between the City of San Bernardino Polic
7 Department and San Bernardino County Auto Theft Task Force (SANCATT).
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9 Section 2. The authorization to execute the above referenced amendment is rescinded if
10 not issued within one hundred-twenty (120) days of the passage of this resolution.
11 III
12 III
13 III
14 III
15 III
16 III
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18 III
19 III
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BCLS:\Counci1\SANCATT Amend Reso.doc
RESOLUTION NO. 2002-172
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN
BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCA TT).
1
2 I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3 Common Council ofthe City of San Bernardino at a joint regular
meeting thereof, held
4 on the 17th day of Juen , 2002, by the following vote, to wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA ~
7 LIEN X
-
8 MCGINNIS X
9 DERRY X
10 SUAREZ X
11 ANDERSON X
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12 MCCAMMACK X
13 ~ lJ. ~itlc-
Racl1 G. Clark, CITY CLERK
14
The forgoing resolution is hereby approved this ,;\()J-h day of June
,2002.
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Approved as to
form and legal content:
/ Ju Ith Valles, Mayor
/ City of San Bernardino
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20
JAMES F. PENMAN,
City Attorney
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BCL:S:\Council\SANCA TT Amend Rcso.doc
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2002-172
THIRD AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
FOR THE
SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE
Whereas, on June 1, 2002, the third amendment to the Memorandum of Understanding for
the San Bernardino County Auto Theft Task Force was revised to reflect the addition of the
Department of Insurance (001) as a new agency to the Task Force and to revise the
signature block of Executive Members.
Revise Section III, TASK FORCE ORGANIZATION
A. Executive Committee
The Executive Committee shall be comprised of six members of the San Bernardino
County Chiefs of Police and Sheriff's Association or their designees, and a
representative from the California Department of Motor Vehicles. The Executive
Committee will consist of the Sheriff of San Bernardino County, the Inland Division
CHP Commander, the San Bernardino County District Attorney, the Department of
Motor Vehicles Inland Area Commander, and the Police Chiefs of Fontana, Rialto and
San Bernardino. The District Attorney and Department of Insurance
representative will sit on the committee as non-voting members.
E. Investigators
The task force shall be staffed by qualified investigators recommended for
assignment by the participating agencies. The task force will be composed of
personnel from the following agencies:
. California Highway Patrol (CHP) - 1 Lieutenant 2 Investigators
. San Bernardino Police Department - 1 Sergeant 2 Investigators
. San Bernardino County Sheriff's Department - 1 Investigator
. Rialto Police Department - 1 Investigator
. Fontana Police Department - 1 Investigator
. California Department of Motor Vehicles (DMV) - 1 Investigator
. National Insurance Crime Bureau (NICB) - 1 Special Agent
. Department of Insurance (DOl) - 1 Investigator
Assignment to the task force will be for a minimum of two years. Due to the critical
nature of the position, personnel recommended to the task force will be subject to
selection interviews by the Task Force Coordinator and Supervisor. Consideration
for placement on the task force is given based on past job performance,
investigative experience, and the ability to work with others in a close, team
relationship.
mou.amend-3.doc
2002-172
MOU Amendment 3
Page 2 of 3
June 1, 2002
Add Department of Insurance as Support Staff
H. Department of Insurance
One full time DOI Investigator will be assigned to the task force as an
investigator. All salary, benefits, overtime, per diem, business expenses,
and vehicle expenses for this team member will be paid by DOI and not
reimbursed by the task force fund. A vehicle will also be provided by DOI.
Add Department of Insurance to Section IV, FISCAL PROCEDURES
B. Salaries and Benefits
The Task Force Coordinator, personnel from the National Insurance Crime Bureau,
Department of Insurance, the California Highway Patrol, and the California
Department of Motor Vehicles will not be reimbursed by the task force fund for
salary and benefits. The salary and benefits of all remaining task force members will
be reimbursed to the participating departments by the task force fund. The
percentage at which participating agencies are reimbursed for personnel salaries and
benefits will be determined by the Executive Committee. Approved overtime, per
diem and business related expenses will be fully reimbursed for all task force
personnel (excluding Department of Insurance investigator) by the task force
fund. Those personnel assigned to the task force on a reimbursable basis will be
paid through the payroll section of their parent agency. Reimbursement will then be
provided to the parent agency by the task force fund. It shall be the responsibility
of the Task Force Coordinator to institute a system of checks and balances whereby
the hours of each participant will be authorized and audited for accuracy. This
information will be reported to the agencies' appropriate time keeper, with a copy
submitted to the San Bernardino County Sheriff's Department accountant. The Task
Force Coordinator will also retain a copy of this record.
Members assigned to the task force whose salaries are reimbursed by the task force
fund shall be on full time assignment to the task force. Administrative processing
costs to determine payroll by participating agencies will not be reimbursed.
Revise Section XIV, SIGNATURES
Update current commanders and add signature blocks for Michael Ingram, Department of
Insurance.
XIV. SIGNATURES
The undersigned state that they represent and have the authority to execute this
Agreement on behalf of their respective agencies and, in signing this agreement,
concur with and support the San Bernardino County Auto Theft Task Force as set
forth in this Agreement and for the period and purposes as stated herein.
mou.amend-2.doc
MOU Amendment 3
Page 3 of 3
June 1, 2002
O/~~
Frank Scialdone,
Chief of Police, City of Fontana
cg- ..... ;) 0- 0 J..,
Date
~rty~.J;
Chl,f, Callfomla ytrOI
/G~
Sheriff, County of San Bernardino
~v
Michael Meyers,
Chief of Police, City of Rialto
1(~d b~
Date
B"-IG-QL..-
Date
i',-\ '-" '-l Ii::;- <1> ~
Date
Garrett Zimmo ,
Chief of Police, C San Bernardino
.7 - .;c ~ 2..-
Date
~
iesewetter,
nland Area Commander
California Department of Motor Vehicles
g)6fr, :;--
Date
J
& (.;n/6:r
Date
s,
of San Bernardino
mou.amend,2.doc
. .,
MEMORANDUM OF UNDERSTANDING
SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE
December 1,1995
CONFIDENTIAL
I. OVERVIEW
Vehicle theft has become the most costly of all property crimes, and
is an American epidemic. It iml?acts over four million Americans
each year at a cost exceeding $10 billion. This represents almost half
(48%) of the dollar loss of all crimes combined. California led the
nation in 1994 with approximately 300LOOO vehicle thefts, 40,000 of
which were never recovered. During tnis same year in San
Bernardino County, a total of 20,311' vehicles were stolen at a cost to
the citizens of almost $122 million. While vehicle thefts decreased
statewide in 1994 by 4.4%, in San Bernardino County during the
same time period they increased by 10.1 %. In an effort to combat
this growing crime problem, and to address mounting public concern,
the California LeQislature passed into law Senate BilT 2139 (Vehicle
Code Section 9250.14). As stated this bill authorizes the County
Board of Supervisors to impose a $1 fee on all vehicles registered in
the County. at the time of registration renewal, to enhance the
capacity of local police and prosecutors to deter, investigate, and
prosecute vehicle theft crimes.
I n May of 1995 the San Bernardino County Board of Supervisors
adopted a resolution pursuant to Vehicle Code Section 9250.14
specifically to fund a multi-jurisdictional vehicle theft task force. The
resolution was adopted unanimously and results in an additional
$1.00 fee to be charged on each San Bernardino County new and
renewal vehicle reQistration. The fee increase is scheduled to begin
effective October 1', 1995 and will be continuously appropriated,
without regard to fiscal years.
II. MISSION STATEMENT
To reduce the incidence of vehicle theft/car-jackings and increase the
apprehension of the professional vehicle thief, the San Bernardino
County Auto Theft Task Force will accomplish the following:
1. Interface with the California Hi~hway Patrol Investigative
Services Unit (Vehicle Theft), DMV, Dept of Insurance (001),
DOJ, FBI and all agencies within San Bernardino County for
the sharing of intelngence information related to vehicle theft.
. ,
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 2
2.
3.
4.
5.
Increase the number of arrests of vehicle theft and car jacking
suspects, particularly the professional thieves participating in
the :;urgical stripping, renumbering for resale, exportation, and
car JacKing.
Identify locations that are used in connection with vehicle theft
offenses and take appropriate enforcement action. These
locations may include legitimate business locations (e.g.,
repair/body snops and dlsmantlers) used for illegal activities
and the sites of "chop shop operations."
Identify local trends and patterns of vehicle theft and car-
jacking activity to be targeted by task force investigators.
Increase the recovery rate of stolen vehicles and reduce the
number of car-jacking incidents in San Bernardino County.
Provide centralized repository for vehicle theft expertise,
support, coordination, and information data base.
In cooperation with the San Bernardino County District Attorney
increase the number of felony prosecutions for vehicle theft ana
car-jacking suspects, particularly the professional thieves
partlcip~ting in the s,-!rgic.al stripping, renumbering for resale,
exportation, and car-Jacking.
Conduct business inspections pursuant to section 2805 of the
California Vehicle Code, for the purpose of investigating the
title and registration of vehicles to establish the rigntful
ownership or possession of the vehicle or identifiable vehicle
component part.
Provide a forum for public awareness relating to vehicle theft .
prevention and trends throughout San Bernardino County. This
will be accomplished through coordination with the local media
to publicize the vehicle theft problem and task force activities,
thereby encouraging public participation while discouraging
potential vehicle 1hieves.
6.
7.
8.
9.
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 3
III. TASK FORCE ORGANIZATION
A. Executive Committee
The Executive Committee shall be comprised of six members of the
San Bernardino County Chiefs of Police and Sheriff's Association or
their designees; and a representative from the California Department
of Motor Vehicles. The Executive Committee will consist of the
Sheriff of San Bernardino County, the Inland Division CHP
Commandertthe San Bernardino County District Attorney, the DMV
Inland Area ommander, and the Police Chiefs of Fontana, Rialto,
and San Bernardino. The District Attorney and 001 representative
will sit on the committee as non-voting members.
Members of the Executive Committee will meet semi-annually, or as
necessary, to review task force operations and to provide direction,
guidance, and input. The Director and Chairperson of the Executive
Committee will be selected on an annual basis by the voting
members of the Executive Committee. Committee business will be
conducted by majority vote, provided a quorum of the committee is
present and voting. A quorum is defined as a minimum of four voting
members.
B. Task Force Coordinator
The Task Force Coordinator's position will be staffed full time by a
lieutenant provided by the California Highway Patrol. The
Coordinator will be responsible for management responsibilities of
the task force and will be directly accounfable to the Executive
Committee for task force operations. Salaries and benefits will be
paid by the California Highway Patrol and will not be reimbursed from
the task force fund.
C. Supervisor
The Task Force Supervisor's position will be staffed by a sergeant
provided by the San Bernardino Police Department. This sergeant
will be selected by the Task Force Coordinator with inQut from the
Police Department and concurrence of the Executive Committee. The
sergeant will supervise all subordinate members of the task force and
provide necessary input for performance evaluations to the parent
agency. Salary and benefits associated with this position Will be
reimbursed from the task force fund to the parent agency. The
reimbursement percentage will be determined by the Executive
Committee.
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 4
D. Prosecution Staff
The District Attorney's Office has established a vehicle theft
prosecution team funded through money collected pursuant to CVC
9250.14. This team will work directly with the task force to provide
le~al review and will file cases warranting a criminal complaint. All
vel1icle theft task force cases will be vertically prosecuted. If
warranted, fe.deral prosecution will be pursued by the appropriate
attorney's office.
E. Investigators
The task force shall be staffed by qualified investigators
recommended for assignment by the participating agencies. The
task fqrce will be composed of personnel from the following
agencies:
o
California Highway Patrol (CHP) - 1 Lieutenant, 2 Investigators
San Bernardino Police Department - 1 Sergeant, 2
Investigators
San Bernardino County Sheriff's Department - 1 Investigator
Rialto Police Department - 1 Investigator
Fontana Police Department - 1 Investigator
California Department of Motor Vehicles (DMV) - 1 Investigator
National Insurance Crime Bureau (NICB) - 1 Investigator
Department of Insurance - 1 Investigator
o
o
o
o
o
o
o
Assignment to the task force will be for a minimum of two years. Due
to the critical nature of the position, personnel recommended to the
task force will be subject to selection interviews by the Task Force
Coordinator and Supervisor. Consideration for placement on the
task force is given based on past job performance, investigative
experience, and the ability to worK with others in a close, team
relationship.
Personnel not meeting acceRtable standards of performance or
refusing to comply with task force policies and procedures may be
removed from the task force and transferred back to his/her
department. If the Task Force Coordinator has cause to replace a
member, he/she shall discuss the issue with the Rarent agency. If
the parent agency does not concur with the decision of the Task
Force Coordinator to remove and replace the task force member, the
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 5
issue shall be forwarded to the Executive Committee for final
resolution. It is agreed, however, that the resolution of operational
problems at the lowest level is in the best interest of the task force.
Salaries and benefits associated with these investigators will be
reimbursed from the task force fund to the participating agencies.
The reimbursement percentage will be determined bylhe Executive
Committee. Any participation by the CHP 001, FBI, DMV and NICB
in the task force will not be reimbursable through the task force
funds.
F. Administrative Support Staff
One Transcribing Typist II and one Fiscal Clerk II will be Rrovided by
the Sheriff's Department and assigned to the task force. These
positions will support field and staff operations, and will provide
clerical liaison to the parent agencies. The salary for Fiscal Clerk II
position will be fully reimbursed from the task force fund. The salary
for the Transcriber Typist II will be fully reimbursed from the District
Attorney's Office through money collected pursuant to CVC 9250.14.
G. National Insurance Crime Bureau (NICB) Investigator
One full time NICB Investigator will be assigned to the task force as a
coordinator between the task force and NICB. All salary, benefits,
overtime, per diem, and business expenses for this team member will
be paid by NICB and not reimbursed by the task force fund.
H. Department of Insurance
One full time 001 Investigator will be assigned to the task force as an
investigator. All salary, l5enefits, overtime, per diem, business
. expenses, and vehicle expenses for this team member will be paid by
001 and not reimbursed by the task force fund. A vehicle will also be
proVided by 001.
I. California Highway Patrol
Two full time vehicle theft investigators will be provided by the
California Highway Patrol. With lhe exception of travel, per diem
and overtime expense, all salar)' and benefits for these team
members will be paid by the CHP and will not be reimbursed from
task force funds.
J. California Department of Motor Vehicles
One half-time DMV investigator will be proVided by the California
Department of Motor Vehicles. With the exception of travel, per diem
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 6
and overtime expense, all salary and benefits for this position will be
paid by the DMV and will not be reimbursed from task force funds.
K. Participating Agency
For the purposes of this memorandum of understanding, a
"Participating Agency" is defined as any' law enforcement agency
which has an employee assigned speCifically to this task force,
regardless of the status of reimbursement from allocated funds.
IV. FISCAL PROCEDURE
A. Task Force Fund
The task force fun~1 established_pursuant to CVC Section 9250.14,
will be administereo by the San Bernardino County Sheriff's
Department. ReCluesfs for the expenditure of funds will require the
approval of the Executive Committee based on a simple majority vote
of approval. The Task Force Coordinator will be authorized to expend
an amount approved by the Executive Committee for the operational
needs of the task force. Any operational needs of the task force
exceeqing this amount will require prior approval of the Executive
Committee.
An amount not to exceed twenty percent (20%) of each quarterly
payment received from the State Controllers Office, shall be set
aSide by the task force accountant to pay for operating expenses.
Such operatin~ expenses shall be itemized and be part of the fiscal
budget which flas been approved by a majority of the Executive
Committee. Any funds not expended shan be kept in reserve in the
event future operating expenses exceed anticipated revenues.
B. Salaries and Benefits
The Task Force Coordinator, personnel from the National Insurance
Crime Bureau, Department of Insurance, the California Hi~hway
Patrol, and the California Department of Motor Vehicles will not be
reimbursed by the task force fund for salary and benefits. The salary
and benefits of all remaining task force members will be reimbursed
to the participating departments by the task force fund. The
percenta~e at which participating agencies are reimbursed for
Qersonnel salaries and benefits willoe determined by the Executive
Committee. Approved overtime, per diem and business related
expenses will be fully reimbursed for all task force personnel
(excluding Department of Insurance investi~ator) by the task force
fund. Those personnel assigned to the taSK force on a reimbursable
basis will be paid through the payroll section of their parent agency.
Reimbursement will then be provided tq t.~e parent agency by the
task force fund. 'It shall be the responSibility of the Task Force
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 7
Coordinator to institute a system of checks and balances whereby
the hours of each participant will be authorized and audited for
accuracy. This information will be reported to the agencies'
appropnate time keeper, with a copy submitted to me San
Bernardino County Sheriff's Department accountant. The Task
Force Coordinator will also retain a copy of this record.
Members assigned to the task force whose salaries are reimbursed
by the task force fund shall be on full time assignment to the task
force. Administrative processing costs to determine payroll by
participating agencies will not be reimbursed.
C. Participant Claims for Reimbursement
Participating agencies shall request reimbursement for task force
members' regular salariesl. benefits, overtime\ business expenses
and per diem from the taSK force fund and will be reimbursed after
DMV fees for that quarter have been deposited. Reimbursement will
only be made based on actual hours of program participation.
Reimbursement claims by task force members for reimbursable
travel, per diem, lodging, materials, or services shall be approved by
the Task Force Coordinator and submitted on an approved claim
form to the members' parent agency. Requests for reimbursement
from the parent agency shall be suBmitted to the San Bernardino
County Sheriff's Department no later than the 15th day of the month
follOWing the end of the quarter the participant worked. It will be the
responsibility of the task force accountant to develop a format for
claiming expenses with appropriate back-up detail information and to
provide a sample of the document to the parent agency. This
document will then be used by each participating agency for claiming
any expenses incurred as a result of partiCipation in the task force.
paYl!lent of the claim will be processed within 30 days of receipt of
inVOice.
In the unlikely event that revenues fall short of what is required for
reimbursement, reimbursement shall be made on a prorate share
basis. In no event will general revenues of the County be used to
offset any such shortage.
D. Right to Audit
Each party to this Agreement shall make available to the County of
San Bernardino, at all reasonable times, its payroll and other records
relating to this agreement. The County or independent auditor may
audit such recoras and if the County determines that ineligible costs
have been reimbursed the agency shall immediately repay the
amount determined to be inengible. If not repaid within 30 day.s, the
County may hold the amount determined to be ineligible from future
reimbursements. The parties shall maintain the original copies of the
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 8
required records for a period of three years after the date the
expense IS reimbursed.
Task Force funds shall be audited at the direction of the Executive
Committee. This audit will normally be conducted by a private firm.
The cost of the audit will be paid from the task force fund.
E. Overtime
The Executive committee will approve a "not to exceed" monthly
allocation of overtime to be utilized by the task force as necessary.
Monthly amounts exceeding this allocation will require the
submission of written justification by the Task Force Coordinator for
approval to the Executive Committee.
F. Indirect Costs
The County of San Bernardino, through the Sheriff's Department,
receives and is the Financial Administrator for all source funds for the
San Bernardino County Auto Theft Task Force. As such a
significant amount of management time will be required for the
administration of the funds. Costs associated with the administration
of these funds will be reimbursed to the San Bernardino County
Sheriff's Department. Requests for reimbursement of
admini?trative costs will be subject to approval by the Executive
Committee.
G. Confidential Fund
A Confidential Fund shall be established for use by the San
Bernardino County Auto Theft Task Force. These funds shall only be
used as necessary in the Ferformance of duties relating to task force
activities. Such usage wil be limited to special and exfraordinary
expenses incurred during the investigation of vehicle thefts.
Authorization to use these funds willoe determined by the Task
Force Coordinator and will conform to standards and policies
established for the San Bernardino Sheriff's Department. The
Confidential Fund will be funded from task force revenues and will
normally not exceed a balance of $5,000. Any increase in the
Confidential Fund balance will be approved by the Executive
Committee.
V. LIABILITY
Each Rarticipating agency in the San Bernardino County Auto Theft
Task Force shalll1ave fun financial responsibility for their respective
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 9
investigators while assigned to the task force..l including industrial
injury Claims, vehicle accidents, and third paf1Y claims Tor monetary
damages arising from vehicle accidents and other alleged torts.
Additionally, the agency shall also be responsible for any and all
workers' compensation claims of their respective investigator if
he/she should become inlured in the course and scope of his/her
duties while assigned to the task force. San Bernardino County, its
officers, agents, and employees shall not be deemed to have
assumed any liability for the negligence of participating agencies or
any of its officers or employees; and partiCipating agencies shall hold
the County, its officers and employees harmless from any and all
claims and damages resulting therefrom. Participating agencies and
the County shall nold each other harmless from the liaoility for
negligent acts or omissions of the other.
Each party to this Agreement agrees to defend, indemnify, and hold
harmless the other parties to thiS Agreement in regard to any liability
imposed on the agreeing parties due to the negligent acts or
omissions of another party's assigned employee{s).
VI. OPERATION LOCATION
Appropriate space will be provided to house task force members and
related equipment by the San Bernardino Police Department at no
cost to the task force. The task force main office will be located at
767 North E Street San Bernardino Ca. 92401. At a future date to
be determined by the Executive Committee, a satellite office may be
established in the high desert.
VII. EQUIPMENT
The Task Force Coordinator will be accountable for equipment
assigned to the task force and will utilize approved San Bernardino
County procedures for procuring, accounting and safeguarding fixed
assets.
A. Vehicles
The National Insurance Crime Bureau (NICB) has agreed to provide
vehicles at no cost for use by task force investigators. In the event
the task force is unable to provide a vehicle to the assigned member
through task force resources, participating agencies agree to provide
this equipment.
Maintenance and fuel costs of vehicles assigned to the task force will
be paid by the task force fund. Fuel and maintenance costs provided
06/01/02
'.
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 10
by participating agencies will be reimbursed by the task force fund.
Certification offuel amounts and costs will be required. These
reimbursements will be paid from invoices submitted to the Sheriffs
Department.. Such claims will be approved for payment by the Task
Force Coordinator.
B. Communications Equipment
Hand-held radios and pagers will be purchased in cooperation with
the Sheriff's Automotive Section and paid for by the task force fund.
The Coordinator, supervisor, and each investigator will be provided
with a radio, cellular telephone, and pager. Procedures wilf be
developed to ensure proper use and accountability of this equipment.
C. Other Equipment
Other equipment including in-house covert equipment, office
equipment, computers, hand tools, cameras, video cameras, and the
Iikel will be purchased or leased with monies from the task force fund
ana provided for use by task force investigators.
Situations requiring air support, unique vehicles, or other unique.
items will require cooperative scheduling and assistance from the
member departments.
D. Disbursement of Task Force Assets
At the conclusion of the funding authorized by CVC 9250.14, all fixed
assets of this task force will be distributed to the participating
agencies by the Executive Committee. As required by law, any
unused funds will be returned to the State Controllers office.
VIII. UNDERCOVER DOCUMENTS
The use of covert identities to support or enhance undercover
operations is essential. This will require that investigators Rossess
undercover California driver's licenses and other sources of
identification. The procurement utilization, and control of these
documents will rest with the participating agency. Investigators will
be E?xpected to bring covert documents witfJ them at time of
assignment.
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 11
IX. ASSET FORFEITURE SHARING
Task force operations which result in the potential for either State or
Federal asset seizures shall be brought to the attention of the Task
Force Coordinator for a decision as to whether or not an application
for asset forfeiture sharing will be made pursuant to appropriate State
or Federal law. Allocation of any forfeited funds will be determined
by the Executive Committee.
X. STANDARD OPERATING PROCEDURES
All task force members shall abide by the Standard Operating
Procedures Manual (SOP) which shall be prejlared by the Task
Force Coordinator with the assistance of the Task Force Supervisor.
The completed SOP will be subject to the review and approval of the
Executive Committee. The SOP shall specify policies and
procE?~ures for task force operations and shall include the following
specific Items:
A.
B.
In any case where the policies or procedures of the task force
conflict with those of the member's parent agency, the member
shall abide by the policies of his or her own agency. Conflicts
not resolved by the supervisor will be referrecfto me Task
Force Coordinator for resolution.
The investigation of officer involved shootings shall be
conducted by the law enforcement agency fiaving /'urisdiction
over the area of occurrence. Vehicle accidents wi I also be
handled by the agency having jurisdiction at the location at
which the accident occurs. Nofhing precludes further
investigation or concurrent investigation by the officer's parent
agency. Additionally, the Task Force Coordinator will ensure
tliat the parent agency of the involved officer has been notified.
Injured personnel will be taken to the most immediate and
competent medical facilities available. The officer's parent
agency will be immediately notified of any injury to tlieir
personnel.
C. Task force member evaluations and investigations of citizens'
complaints or internal investigations shall be handled jointly
between the assigned Task Force Supervisor and the parent
agency when taSK force assignment is an issue. Disciplinary
actions against investigators will be approved solely by the
parent agency. Internal discipline problems will be adaressed
by the Task Force Supervisor and documented when
necessary. Continued failure to abide by task force policies
and procedures may result in the removal of an investigator
06/01/02
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San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 12
D.
from the task force. Requests for removal will be made upon
the recommendation of Hie Task Force Coordinator with
concurrence of the Executive Committee. Parent aQencies will
provide the name, rank, and telephone number of a 'liaison
supervisor" that will assist the Task Force Coordinator and
Supervisor with inquiries of mutual concern.
The release of media information regardinQ.,task force
operations will be coordinated through theiask Force
Coordinator. The Task Force Coordinator will apprise the
Chairman of the Executive Committee of all incidents which
may result in significant media interest. The Executive
Committee will oetermine what course of action will be taken in
releasing significant event information.
XI. REPORTING
A. The Task Force Coordinator will be responsible for
implementing a reporting system which tracks team activities,
statistics, ana accomplishments of task force operations. ThiS
reporting system will serve as the basis for quarterly reports to
the Executive Committee as well as to ensure an accountability
of personnel and equipment resources.
B. The Task Force Coordinator will submit an operational report to
the Executive Committee on a quarterly basis within 20 days
following the end of each calendar quarter.
C. An annual report will be provided to the County Board of
Supervisors, with copies to each participating agency.
XII. AMENDMENTS TO THE MOU
The Executive Committee may amend any portion of the MOU, in
writing only, by way of the voting procedure established in Section
III.A. above for the conduct of committee business.
XIII. TERM OF AGREEMENT
This agreement shall commence on January 1, 1996 and, pursuant
to CVC 9250.14, shall remain in effect until the termination of task
force funding on January 1, 2000, unless a later enacted statute
deletes or extends that date. Participating agencies may elect to
terminate the agreement prior to its designated termination date.
Any agency desiring to terminate its participation in this agreement
06/0 1/02
r-:----
,
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page I3
shall indicate such intent in writing to the Executive Committee. The
termination shall be deemed to ta1<e effect not less than 30 days after
receipt of the written communication or upon a date established by
mutual agreement. On August 25, 1999 Governor Gray Davis
signed Assembly Bill 183 into law. This bill extended the sunset
clause found in vehicle code section 9250.14, thereby, providing
funding for county vehicle theft task forces to remain In effect through
January 1, 2005. (Revised 9/01)
XIV. SIGNATURES
The undersigned state that they represent and have the authority to
execute this Agreement on betialf of their respective agencies and, in
signing this agreementl concur with and support the San Bernardino
County Auto Theft TaSK Force as set forth In this Agreement and for
the period and purposes as stated herein.
r.y-~ ~
Frank Scialdone,
Chief of Police, City of Fontana
&---- ~ 0 - DJ
Date
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Date
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Date
Gary Penro ,
Sheriff, Co nty of San Bernardino
V#V( t- -
Michael Meyers,
Chief of Police, Cit
\ '-\ "" -.j E,.. P'-
Date
)~
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Date
.
Garrett Zimmon,
Chief of Police, City
Bernardino
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 14
~~
ry iesewetter,
Inland Area Commander
California Department of Motor Vehicles
~~~~.
IDat'e
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Date I
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Date
San Bernardino
06/01/02