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HomeMy WebLinkAbout1996-021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION #NO 96-21 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT, REDLANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY VEHICLE THEFT TASK FORCE. BE IT RESOLVED by the Mayor and Common Council of the City of San Bernardino as follows: SECTION I: The Chief of Police of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the California Highway Patrol, San Bernardino Sheriff's Department, Rialto, Redlands, Upland, and Ontario Police Departments to participate in a multi-agency vehicle theft task force known as the San Bernardino County Vehicle Theft Task Force. The mission of the task force is to reduce the incidents of vehicle thefts and carjackings and increase the apprehension of the professional vehicle thief. This county-wide vehicle theft task force would be able to interface with federal, state, county, and local police agencies sharing intelligence information relating to vehicle thefts. The task force would identify thieves participating vehicle in professional stripping, renumbering of stolen vehicle parts for resale, exportation of stolen vehicles, and carjackings. A copy of the proposed Memorandum of Understanding is attached hereto, marked Exhibit A and incorporated herein by reference as fully set forth at length. /1/ /1/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 96-21 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT, REDLANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO COUNTY VEHICLE THEFT TASK FORCE. SECTION II: The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within 120 days of passage of this resolution. Q~ (~t.tl~ 'Ci ty Clerk The foregoing resolution is hereby approved on the o?3~ day of January , 1995. -.---) ~~t )iC1+1-'t<, Mayor Tom Minor Approved as to form and legal content: ~ mes F. Penman ty Attorney 96-21 Con~idential = Confidential Fund of County of San Bernardino (pg. 8) 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 impacts 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 300,000 vehicle thefts, 40,000 of which were never recovered. During this 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 Legislature passed into law Senafe Bill 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. In 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 registration. 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 thefUcar-jackin~s and increase the CiPprehension of the professional vehicle thief, the -San Bernardino County Auto Theft Task Force will accomplish the following: Interface with the California Highway Patrol Investigative Services Unit (Vehicle Theft), DMV, DOJ, FBI and all agencies 1. 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 2 within San Bernardino County for the sharing of intelligence information related to vehicle theft. 2. Increase the number of arrests of vehicle theft and car jacking suspects, particularly the professional thieves participating in lhe ~urgical stripping, renumbering for resale, exportation, ana 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 shops and dlsmantlers) used for illegal activities and the sites of "chop shop operations. I 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 sWgic.a1 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 rightfur 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 enco.uragil1g public participation while discouraging potential vehicle lhleves. 3. 4. 5. 6. 7. 8. 9. 12/01/95 96-21 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 eight members of the San Bernardino County Chiefs of Police and Sheriff's Association or their designees, and a r~resentative from the California Department of Motor \7ehicles. The Executive Committee will consist of the Sheriff of San Bernardino County, the Inland Division CHP Commander, the San Bernardino County District Attorney, the DMV Harbor Area Commander, and the Police Chiefs of San Bernardino, Redlands, Rialto, Ontano, and Upland. The District Attorney will sit on the committee as a non-voting member. Members of the Executive Committee will meet quarterly, 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 Coorainator will be responsible for management re~onslbilities of the task force and will be directly accountable 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. Supervision The Task Force Supervisor's position will be staffed by a sergeant provided by. the San Bernardino Police Department. This sergeant will be selectea by the Task Force Coordinator with input 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. D. Prosecution Staff The District Attorney's Office has established a vehicle theft prosecution team funded through money collected pursuant to CVC 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 4 9250.14. This team will work directly with the task force to provide legal review and will file cases warranting a criminal complaint. All vel1icle theft task force cases will be vertically prosecuted. If warranted, federal 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 tlie participating agencies. The task force will be composed of personnel from the follOwing agencies: o California Highway Patrol (CHP) -1 Lieutenant 2 Investigators o San Bernardino Police Department - 1 Sergeant 1 Investigator o San Bernardino County Sheriffs Department - 2 Investigators o Ontario Police Department - 1 Investigator o Redlands Police Department - 1 Investigator o Rialto Police Department - 1 Investigator o Upland Police Department - 1 Investigator o California Department of Motor Vehicles (DMV) - 1 Investigator o National Insurance Crime Bureau (NICB) - 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. Personnel not meeting accep-table 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 parent agen~. If the Qarent agency does not concur with the decision of the Task Force Coordinator to remove and replace the task force member, the 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. 12/01195 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 5 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 by the Executive Committee. Any participation by the CHP, FBI, DMVand NICB in the task force will not be reimbursable through the task force funds. F. Administrative Support Staff One Transcribing Typ-ist II provided by the Sheriffs Department will be assigned to the fasK force. This position will support field and staff operationshand will provide clerical liaison to the parent agencies. The salary for t is position will be fully reimbursed from the task force fund. 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 NICS. 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. 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 hall salary and benefits for these team members will be paid by the CHI"" and win not be reimbursed from task force funds. I. 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 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. J. Participating Agency For the purposes of this memorandum of understanding, a "Participating Agency" is defined as any' law enforcement agency which lias an employee assigned specifically to this task force, regardless of the status of reimbursement from allocated funds. 12/01/95 1___ 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 6 IV. FISCAL PROCEDURE A. Task Force Fund The task force fun~ established~ursuant to CVC Section 9250.14, will be administerea by the San Bernardino County Sheriff's Department. Re~uesfs for the expenditure of funds will require the approval of the Executive Committee based on a simple majority vote o approval. Tlie Task Force Coordinator will be authorized to expend an amount approved by the Executive Committee for the oRerational needs of the task force. Any operational needs of the task force exceeqing this amount will require prior approval of the Executive Committee. B. Salaries and Benefits The Task Force Coordinator,personnel from the National Insurance Crime Bureau the California Highway Patrol, and the California Department of Motor Vehicles will not be reimbursed br the task force fund for salary and benefits. The salary and benefits 0 all remaining task force members will be reimbursed to the participating departments by the task force fund. The percentage at wl1ich participating agencies are reimbursed for personnel salaries and benefits wilT be determined by the Executive Committee. Approved overtime, per diem and business related expenses will be fully reimbursed for all task force personnel by ttie 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 wilf then be provided to the parent ;mency by the task force fund. It shall be the responsibilitv of the Task Force Coordinator to institute a system of checks and barances 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. Admin.istratjve proces~ing 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 salaries, benefits, overtime, business expenses and per diem from the task force fund. 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 7 Reimbursement will only be made based on actual hours of program participation. Reimbursement claims by task force members for reimbursable travel, per diem", lodgingl materials, or services shall be approved by the Task Force voorainalOr and submitted on an approved claim form to the members' parent agency. Reguests for reimbursement from the p~rent agency shall be submitted to the San Bernardino County Sheriffs 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: P~yment 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 ineligible. If not repaid within 30 days, the County may hold the amount determined to be ineligible from future reimbursements. The parties shall maintain the original copies of the requ.ired 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. 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 8 F. Indirect Costs The County of San Bernardino, through the Sheriff's Department, receives and is the Financial Adminislrator 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 Sheriff's Department. Requests for reimbursement of administrative 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 performance of duties relating to task force activities. Such usage win be limited to special and exfraordinary expenses incurred during the investigation of vehicle thefts. Authorization to use these funds will be determined by the Task Force Coordinator and will conform to standards and Rolicies 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 participating agency in the San Bernardino County Auto Theft Task Force shall nave full financial responsibility for their respective investigators while assigned to the tasK forc~!ncluding industrial injury Claims, vehicle accidents, and third pal Ly' claims for 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 injured 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; ana 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 liability 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). 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 'J VI. OPERATION LOCATION Appropriate space will be provided to house task force members and related equipment by the San Bemardino Police Departmentat no cost to the task force. The task force main office will belocated at 767 North E Street, San Bernardino Ca. 92401. At a future date to be determined by the Executive Committee, a satellite office will 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 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 radios1 cellular telephones, and pagers will be purchased in cooperation with {he Sheriffs 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 will be developed to ensure proper use ana accountability of this equipment. C. Other Equipment Other equipment including in-house covert equipment, office equipment, computers, hand tools, cameras, video cameras, and the like, will be purchased or leased with monies from the task force fund and provided for use by task force investigators. 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 10 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 p-ossess 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 expected to bring covert documents witfi them at time of assignment. 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 prepared 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 procedures for task force operations and shall include the following specific items: A. 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 ttie Task Force Coordinator for resolution. 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page II C. D. B. The investigation of officer involved shootings shall be conducted oy the law enforcement agency Iiaving jurisdiction over the area of occurrence. Vehicle accidents will also be handled by the agency having Jurisdiction at the location at which the accident occurs. Nothing 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 their personnel. 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 adtlressed 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 from the task force. Requests for removal will be made upon the recommendation of the Task Force Coordinator with concurrence of the Executive Committee. Parent agencies 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 regardingtask force Qperations will be coordinated through the Task 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 determine what course of action wilrbe 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 accomplisnments 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. 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 12 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 Seciion iliA above for the conduct of committee business. XIII. TERM OF AGREEMENT This agreement shall commence on January 1, 1996 and, pursuant to CVC 9"250.14, 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 fermination date. Any agency desiring to terminate its participation in this agreement shall indicate such inlent in writing to the Executive Committee. The termination shall be deemed to lake effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. XIV. SIGNATURES The undersigned state that they represent and have the authority to execute this Agreement on belialf 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. ~Ch;ef Commander, Inland Division, CHP / - S-7(, Date 12/01/95 96-21 San Bernardino County Auto Theft Task Force Memorandum of Understanding Page 13 // // ;[~ Gary~ Sheriff, CelJnty of San Bernardino /_ 7 q- q / . ~ ( 6 Date ~ Dennis Hegw Chief of Polic ~ \ 7- - 1 9 - 9!5 Date f Rialto ~p~ ;1.//.3 /9'!;' Date Lee Dean Chief of Police, City of San Bernardino ~lS~ , - II, <;." Date Lewis Nelson Chief of Police, City of Redlands ~. ~ < - ~ Martin Thouvenell Chief of Police, City of Upland .Qj . \7....- \ "1-"'\5 Date y hart Chief of Police, City 0 / -/d -f-b Date ~/L,..~ IVJ. Caruso Harbor Area Commander California Department of Motor Vehicles 12 - Zo -75' Date 12/01/95