HomeMy WebLinkAbout1993-288
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RESOLUTION No. 93-288
RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FEDERAL
BUREAU OF INVESTIGATION TO PARTICIPATE IN THE SAN BERNARDINO
COUNTY VIOLENT CRIME TASK FORCE.
Be it resolved by the Mayor and Common Council of
the City of San Bernardino as follows:
SECTION 1:
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 Federal Bureau
of Investigation to participate in a multi-agency violent
crime task force known as the San Bernardino County Violent
Crime Task Force.
The mission of the task force is to
investigate bank robberies, with a focus on takeovers and
serial robberies, carjackings, and violent crime fugitives in
San Bernardino County and affect the apprehension of the
individuals who commit such crimes. A copy of the proposed
Memorandum of Understanding is attached hereto marked Exhibit
"A" and incorporated herein by reference as though fully set
forth at length.
SECTION 2:
The authorization to execute the
above referenced agreement is rescinded if the parties to the
agreement fail to execute it within 120 days of the passage
of this resolution.
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RES 93-288
1 RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FEDERAL
2 BUREAU OF INVESTIGATION TO PARTICIPATE IN THE SAN BERNARDINO
COUNTY VIOLENT CRIME TASK FORCE.
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COUNCILMEMBERS
AYES
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
9 OFFICE VACANT
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POPE-LUDLAM
x
MILLER
x
NAYS
ABSTAIN
AIHNI'
.a~~
Rachel Clark, City Clerk
s~ of
The foregoing resolution is hereby approved this
Auqust
, 1993.
Approved as to form
and legal content:
JAMES F. Penman
City At~
b~ . __an, . J
-
~J7u~
T6M MINOR, Mayor
city of San Bernardino
" RES.'93-288
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~Q_~~ ~ 3.... ';J..5;S
a'
SAN BERNARDINO COUNTY VIOLENT CRIME TASK FORCE
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by the
Special Agent in Charge of the Los Angeles Federal Bureau of
Investigation (FBI), and the Chief of police of the City of San
Bernardino.
PURPOSE
The purpose of this Memorandum is to establish and
delineate the Mission of the San Bernardino Area Violent Crime
Task Force, with principle focus in the San Bernardino/Riverside
City and County arGas within the territorial boundaries of the
FBI, Riverside, California. Additionally, this Memorandum will
establish and formalize relationships between and among the
participating agencies to maximize inter-agency cooperation in
order to foster an efficient, cohesive unit, capable of
addressing the problem of bank robberies, car jackings, and
violent crime fugitives in the Riverside/San Bernardino City and
County areas.
Cooperation among the participating agencies is a
prerequisite to the success of the task force. Therefore, all
agencies will be consulted regarding policy matters, with
responsibility for such decisions being shared by all agencies.
RES ,93-288
MISSION
The Task Force will investigate bank robbery
violations/Fugitives with focus on takeovers and serial robberies
in the Riverside/San Bernardino County areas within the
territorial boundaries of the FBI Riverside and effect the
apprehension of the individuals who commit such violations.
COMPOSITION
A. MEMBERS
The Task Force will consist of officers of the San
Bernardino PoLice Department, Special Agents of the Federal
Bureau of Investigation and all other participating law
enforcement agencies.
B. POLICY AND DIRECTION
The policy and direction of the Task Force will be the
combined shared responsibility of the Special Agent in Charge of
the Los Angeles Office of the Federal Bureau of Investigation,
the San Bernardino County Sheriff, and Chief of Police of San
Bernardino and other member cities.
C. SUPERVISION
Overall supervision of the personnel assigned full-time
to the Task Force shall be the shared responsibility of the FBI;
the San Bernardino Sheriff Department, and the Chief of Police of
San Bernardino and other member cities. The responsibility for
the personal and professional conduct of each Task Force member
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RES 93-288
shall remain with the respective agency head, and each agency
shall be responsible for actions of their employees.
D. CIVIL LIABILITY
Each participating Task Force Agency acknowledges that
it is liable for any negligent or wrongful acts or omissions of
its employees while they are on duty and acting within the scope
of their employment. To the extent permissible under Federal
deputization, the Federal Tort claims Act will also address civil
liability claims against Task Force members.
E. CHAIN OF COMMAND
The FBI Senior Supervisory Resident Agent (SSRA),
Riverside Resident Agency, and San Bernardino Police Department
Commander of Investigation (COI) shall be responsible for
supervision of their personnel assigned to the Task Force at that
site.
This SSRA will be the day-to-day coordinator of the Task
Force and will, as a result, be responsible for administering the
written work of the Task Force.
Each Task Force member will continue to report to the
respective Agency head for non-investigative administrative support not
detailed herein.
EQUIPMENT
A. VEHICLES
The FBI will provide rental vehicles necessary to support
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RES: 93-288
this Memorandum of Understanding (MOU), following completion of
documentation necessary to support local agency use, subject of
available funding. Each Agency will agree, in turn, to be
responsible or the negligent acts or omissions on its part or its
employee in the operation of such vehicles, and for any damage caused
to said vehicles.
B. COMMUNICATIONS
Subject to availability, the FBI will provide radio
equipment so that each individual assigned to the Task Force will
be able to transmit and receive on the FBI radio frequencies, and
an FBI radio shall be provided to the immediate supervisor of the
San Bernardino Police Department participants. If necessary, and
subject to availability, the San Bernardino Police Department
will provide similar radio equipment.
C. OFFICE EOUIPMENT
Subject to availability, the FBI will provide office
equipment and supplies necessary to carry out the administrative
operation of the Task Force. The FBI will provide other equipment
necessary to support the Task Force. The provision of all equipment
will be subject to available funding.
RECORDS AND REPORTS
All Task Force investigative records will be maintained at
the Los Angeles Office of the FBI. Investigative reports will be
prepared on FBI forms. After a suitable period of training and
familiarization, non-FBI Task Force members shall prepare, on FBI
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RES..93-288
forms, the required reports, teletypes and other communications.
upon prior conferral with the FBI, the San Bernardino
Police Department's administration will have access to any
administrative and investigative records of the Task Force which
pertain to the respective agency's personnel assigned to the Task
Force.
Disclosure of U S. Federal Grand Jury material must be
done in accordance with Rule 6(e) of the Federal Rules of Criminal
Procedure. All investigation will be conducted in accordance with
guidelines of the Attorney General of the United States.
ASSIGNMENT OF PERSONNEL
A request will be made to the United States Department of
Justice that those San Bernardino Police Officers and other members
of the Task Force be appointed Special Deputy United States
Marshals. As such, these participants will be required to
undergo background investigations and to receive appropriate
clearance.
All members of the Violent Crime Task Force will be
assigned full time to the Task Force. Continued assignment of
members will be based on performance and will be at the discretion
of their respective supervisors.
Leads outside the Los Angeles territory will be
communicated to other FBI offices for investigation.
It is agreed that there will be no unilateral action on
the part of any agency. All investigative action will be
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RES.93-288
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coordinated and cooperatively carried out.
INFORMANTS
FBI Informant Guidelines will be strictly adhered to, and
all sources developed by Task Force participants will be operated in
compliance with existing FBI Rules and Regulations. Contingent upon
the availability of funding, the FBI agrees to pay, at its
discretion, reasonable and necessary informant expenses incurred to
accomplish the mission of this Memorandum of understanding.
ASSIGNMENT OF CASES
All case matters will be assigned to the joint Task Force
members. Each team member will be individually assigned cases based
on - but not limited to - experience, training, performance and
SSRA/COI discretion.
It is recognized that the merging of the resources of the
FBI and the San Bernardino Police Department will create a powerful
tool which may lend itself to the investigation of violations of the
law other than bank robberies.
Therefore, in those instances where there exists a
criminal violation in the property or personal crimes area, against
which the efficient utilization of the Task Force would have an
appreciable impact, the Task Force may investigate those matters
with the concurrence of each agency head or his designee. This
concurrence will be documented by the approval of a memorandum
regarding the proposed investigation by the respective agency head
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RES. 93-288
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or is designee. Any such investigation shall comply with the United
states Attorney General Guidelines on Investigations.
PROSECUTIONS
In general, the Task Force investigations will conform
to the requirements of Federal prosecution and upon completion,
will be submitted in appropriate format to the Office of the
United State Attorney, Los Angeles, for prosecutive action.
The use of investigative methods (search warrants,
interception of consensually monitored conversations, informant
operation) and reporting procedures in connection therewith, will
be consistent with the policy and Procedures of the Federal
Bureau of Investigation.
While the main focus of this Task Force is identification,
apprehension, prosecution, and Federal prosecution of violent fugitives
and serial bank robbers, it is recognized that occasionally a situation
may arise in which, on a case by case basis following consultation
between the United States Attorney and the County District Attorney,
the Task Force may conduct investigations which may be prosecuted in
local court.
MEDIA
All media releases on Task Force matters will be mutually
agree upon and coordinated jointly within the existing guidelines of
the respective agencies.
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RES 93-288
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DURATION OF TASK FORCE
The term of this Memorandum of Understanding is for a one-
year period from the date this Memorandum is signed by each
Agency, or until terminated at any time by either party.
Semi-annually, the heads of each Agency will meet to
review the overall effectiveness of the Task Force to determine
whether continuation of the Task Force is desired.
AMENDMENTS TO MEMORANDUM OF UNDERSTANDING
Modifications of this MOU may be made in writing at any time
with the agreement of all parties thereto.
Signed this
(0;:'1 I:: 5
DATE
day of 0c-lu&: F
1993.
~k.
1//9/<; 5
DATE.
I//Contr;act Review
U/ .
~~ 6;[: 4,r/A/"" (.:...~~ cr /f}'I,f,
Da iel . Robbins
Chief of Police
C' f oIJ'lsan Ber
.~:s. ~
CHARLIE J. PARSONS
Special Agent in Charge
Los Angeles Field Office
Federal Bureau of Investigation
Los Angeles, cal~~a
~J~~
DESIGNATED REPRESENTATIV~
CALIFORNIA DEPARTI1ENT OF CORRECTIONS
PAROLE AND COMliUNITY SERVICES DIVISION
dino, California
/;-17- ?3
DATE
11-/t1-03
DATE
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