The URL can be used to link to this page

Home My WebLink About2002-339 _ -4 .~ . . 1 RESOLUTION NO. 2002-339 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE SAN BERNARDINO POLICE DEPARTMEN REGARDING THE SOUTHERN CALIFORNIA REGIONAL CRIME GUN CENTER 2 3 Section 1. The Mayor of the City of San Bernardino is hereby authorized and directe 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TH CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 to execute on behalf of said City an agreement with The Bureau of Alcohol, Tobacco, an 8 Firearms (ATF) to participate in the Southern California Regional Crime Gun Center (SCRCGC 9 copy of which is attached hereto, marked Exhibit "An and incorporated herein by reference a 10 fully as though set forth at length. 11 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 21 22 23 24 25 BCLS:\Council\ATF reso.doc ,....... .,-" 2002-339 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH EXECUTION OF AN AGREEMENT WITH THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE SAN BERNARDINO POLICE DEPARTMEN REGARDING THE SOUTHERN CALIFORNIA REGIONAL CRIME GUN CENTER. 4 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 2 3 5 Common Council of the City of San Bernardino at a j oint regular meeting thereof, hel 6 on the 21st day of Oc tober , 2002, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA x 9 LIEN 10 MCGINNIS -.1L..- 11 DERRY X - 12 SUAREZ X 13 ANDERSON X 14 MCCAMMACK -.1L..- 15 X 16 G,~,h.1 "-- CITY CLERK 17 The forgoing Resolution is hereby approved this ~ day of October, 2002. ith Valles, Mayor ity of San Bernardino 18 19 20 21 Approved as to fonn and legal content: 22 JAMES F. PENMAN, 23 City Attorney 24 25 BCLS:\Council\A Tf rcso.doc .>...... .. . 2002-339 MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF ALCOHOL, TOBACCO and FIREARMS AND SAN BERNARDINO POLICE DEPARTMENT FOR THE REGIONAL CRIME GUN CENTER This Memorandum of Agreement (MOA) is hereby entered into by the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms (hereinafter referred to as "the ATF") and the San Bernardino Police Department (hereinafter referred to as "SBPD") and collectively referred to as "the parties" to agree that it is to their mutual benefit to cooperate in eliminating the illegal flow of firearms through enforcement efforts involving the investigation and prosecution of illegal firearms traffickers and through analysis of data to determine the firearms trafficking trends and patterns, and develop law enforcement strategies to stem the flow of illegal firearms. BACKGROUND: The ATF developed the Regional Crime Gun Center (RCGC) in partnership with the local law enforcement agencies. The RCGC's will focus on the need to trace every firearm recovered in a particular jurisdiction to collect and analyze all data pertaining to the recovered weapons to discern trafficking trends, patterns and perpetrators and to initiate law enforcement strategies to reduce violent crime. PURPOSE: This MOA will formalize relationships between the participating agencies with regard to policy and procedures, utilization of resources, and planning/training in order to maximize interagency cooperation and coordination. OBJECTIVES: The nationwide RCGC program has four basic inter-related objectives that will apply in each site: 1) working with U.S. Attorneys and Statellocal prosecutors to intensify ATF and local police efforts to investigate and incarcerate individuals who illegally traffic in firearms to young people and ensure those arrested are prosecuted in the appropriate venue, which shall be determined on a case-by-case basis. 2) to ensure local police departments trace all crime guns recovered, and in particular, those firearms taken from youth. 3) to combine the efforts of ATF special agents, local police and National Institute of Justice (NIJ) researchers to develop new methods of mapping illegal firearms trafficking patterns and practices, especially as this relates to the illegal trafficking of firearms to youth. 4) to provide more ATF support for State and local enforcement efforts aimed at intervening in the illegal local youth firearms market. . 1_--' . 2002-339 2 CONDITIONS AND PROCEDURES: . A TF agrees to furnish an A TF owned computer to the San Bernardino Police Department. The SBPD agrees and acknowledges that this equipment shall remain the property of ATF and the U.S. Government, unless otherwise specified. . The SBPD agrees to assume the cost of replacement or repair of ATF owned equipment, in the event of unauthorized movement, alteration, damage or destruction caused by its employees, contractors, or any other person under its control. . ATF retains the right to remove ATF owned equipment upon (1) receipt of written notification of the termination of participation in the YCGII by the SBPD; (2) termination of the YCGII program by ATF, or (3) the cancellation of this MOA by ATF. If the ATF owned equipment will be removed from the SBPD, written notice of the removal will be provided by A TF not less than 10 business days to the actual removal of the equipment. . A TF and the SBPD acknowledge their understanding that the operations described in this MOA are subject to audit by ATF; the U.S. Department of the Treasury, Office of Inspector General; the General Accounting Office; and other auditors designated by the U.S. Government. Such audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts, or other evidence. · The parties agree that premature disclosure of certain firearms trace information can reasonably be expected to interfere with pending or prospective law enforcement proceedings. This law enforcement sensitive information includes data that can link a traced firearm to: the location of a crime; the Federal firearms licensee; retail purchaser or possessor of a traced firearm; or to firearms trafficking patterns involving a traced firearm. It is agreed that the law enforcement sensitive firearms trace information generated pursuant to this MOA shall not be disclosed to a third party without the consent of both parties of this MOA. . The parties agree that a 'crime gun' is defined as "any firearm that is illegally possessed, used in a crime, taken into police custody, or suspected by law enforcement officials of having been used in a crime". . The parties agree that ATF-RCGC will be designated as the central recipient of all information relating to crime guns recovered in the City of San Bernardino. The ATF- RCGC will ensure the firearms taken into custody by the SBPD are traced by ATF and the results of the traces provided to the SBPD. The SBPD will also make every effort to provide complete information to include recovery location, possessor information and ownership to facilitate and assist in the investigation, apprehension and prosecution of violent criminals to facilitate the Youth Crime Gun Interdiction Initiative (YCGII). In reporting the recovery of crime guns to the California Department of Justice as required by California Penal Code Section 111 08.3(a), the SBPD will include the fact that it has provided the information to ATF for tracing through the RCGC. · The parties agree that the A TF-RCGC will be physically located in the A TF office located at 888 South Figueroa Street, Suite 1170, Los Angeles, CA 90017. ATF will incur all costs associated with the development, operation and maintenance to include ,,-'. ... 2002-339 3 . consumable supplies, communications costs, travel expenses and training expenses of the office where the ATF-RCGC will be located. . The parties agree to share all reports, including arrest reports, ballistics reports and incident reports relating to the recovery of crime guns including those involving juveniles. The parties further agree to share any and all intelligence information and leads generated by ATF-RCGC and the SBPD. . The parties further agree to meet on a recurring basis, ideally quarterly, to discuss the operational function of the A TF-RCGC in order to evaluate strategic plans, criminal enforcement initiatives and regulatory enforcement efforts. . A TF-RCGC agrees to provide the SBPD with any mapping or firearms query information in a report 4 times per year. . The parties agree that all reports and press releases relating to the A TF-RCGC and its activities or investigations will be issued in the name of all participating agencies, not by an individual agency. CONCLUSION It is the intent of the signatories that this MOA ensures coordination, cooperation and the mutual conduct of enforcement and research activities. The result of this mutual cooperation and coordination will be the successful prosecution of illegal firearms in State and Federal jurisdictions as well as the development of an accurate picture of the illegal youth firearms market and the development of new strategies to effectively interrupt this market and impact on the rate of juvenile related firearms violence. The research findings will be published at the conclusion of this initiative for the benefit of all law enforcement. Parties to this MOA may terminate their participation at any time upon written notification of their intent to withdraw to all other parties in the MOA. At such time that other Federal government resources may become available, a new MOA will be initiated. In witness whereof, the parties have hereun~;xecuted thi ~ ((,i~ f~2~-()~)~ l\.- r.,n, Donald R Kincaid Date Garrett W. Zimmo Date Special Agent in Charge Chief Los Angeles Field Division San Bernardino Police Department Bureau of Alcohol, Tobacco & Firearms Date