HomeMy WebLinkAbout1992-244
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RESOLUTION NO.
92 244
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH A MULTI AGENCY
REGIONAL DRUG TASK FORCE, KNOWN AS THE INLAND REGIONAL
NARCOTIC ENFORCEMENT TEAM (IRNET), TO PARTICIPATE IN A
MAJOR DRUG VIOLATOR 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
8 San Bernardino is hereby authorized and directed to
9 execute on behalf of said City an agreement with the
10 Inland Regional Narcotic Enforcement Team (IRNET), a
11 regional narcotic task force which is comprised of the
12 San Bernardino county Sheriff's Department and numerous
13 city police departments from the County of San
14 Bernardino, to participate in a multi agency drug task
15 force to investigate and prosecute criminal cases
16 involving the distribution and sales of drugs. A copy of
17 said agreement is attached hereto marked Exhibit "A" and
18 incorporated herein by reference as though fully set
19 forth at length.
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SECTION 2.
The authorization to execute the
above referenced agreement is rescinded if the parties to
the agreement fail to execute it within one hundred
twenty (120) days of the passage of this resolution.
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RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH A MULTI AGENCY REGIONAL DRUG TASK FORCE,
KNOWN AS THE INLAND REGIONAL NARCOTIC ENFORCEMENT TEAM
(IRNET), TO PARTICIPATE IN A MAJOR DRUG VIOLATOR TASK
FORCE.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a reqular
held on the
day of Julv
6th
following vote, to wit:
Council Members AYES NAYS
ESTRADA ~
REILLY ~
HERNANDEZ ~
MAUDSLEY ~
MINOR ~
POPE-LUDLAM ~
MILLER -X-
meeting therefore,
, 1992, by the
ABSTAIN
ABSENI'
Q~ 1(1"~
ci ey Clerk .
The foregoing resolution is hereby approved
lOti day of ~,
Approved as to
24 form and legal content
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JAMES F. PENMAN
City Attorney
By: fk- 7 /b-yv~
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RESOLUTION NO.
92-244
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH A MULTI AGENCY
REGIONAL DRUG TASK FORCE, KNOWN AS THE INLAND REGIONAL
NARCOTIC ENFORCEMENT TEAM (IRNET), TO PARTICIPATE IN A
MAJOR DRUG VIOLATOR 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
Inland Regional Narcotic Enforcement Team (IRNET), a
regional narcotic task force which is comprised of the
San Bernardino County Sheriff's Department and numerous
city police departments from the County of San
Bernardino, to participate in a multi agency drug task
force to investigate and prosecute criminal cases
involving the distribution and sales of drugs. A copy of
said agreement 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 one hundred
twenty (120) days of the passage of this resolution.
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1 RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH A MULTI AGENCY REGIONAL DRUG TASK FORCE,
2 KNOWN AS THE INLAND REGIONAL NARCOTIC ENFORCEMENT TEAM
(IRNET), TO PARTICIPATE IN A MAJOR DRUG VIOLATOR TASK
3 FORCE.
4 I HEREBY CERTIFY that the foregoing resolution was
5 duly adopted by the Mayor and Common Council of the city
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of San Bernardino at a reqular
meeting therefore,
held on the
day of Julv
, 1992, by the
6th
following vote, to wit:
Council Members AYES NAYS
ESTRADA ~
REILLY ~
HERNANDEZ ~
MAUDSLEY ~
MINOR ~
POPE-LUDLAM ~
MILLER ~
ABSTAIN
ABSENI'
Q~~,..d.-~
cHy Clerk .
The foregoing resolution is hereby approved this
lOti day of ~,
Approved as to
form and legal content
JAMES F. PENMAN
city Attorney
By: r1-. '1 )b~
(}
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, RACHEL KRASNEY city Clerk of the city of
San Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of Mayor and Common Council of the City of San Bernardino
Resolution No. 9{2~'IL/ is a full, true and correct copy of that
now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Mayor and Common Council of the
city of San Bernardino this /7iJ, day of /J~I
1992. uc
Rachel Krasney
city Clerk
City of San Bernardino
By ~~ a;dJM
Depu
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rev B/91
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" E " 0 RAN D U "
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U N D E R S TAN DIN G
(Per City of S Bdno RES NO 92-244 adopted 7/6/92)
INLAND REGIONAL NARCOTICS ENFORCEMENT TEAM
(I.R.N.E.T.)
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TABLE or CONTENTS
ARTICLB I.
NAMB
ARTICLE II.
PURPOSB
ARTICLB III.
EXECUTIVB BOARD
ARTICLE IV.
AMENDIIENTS TO THB IIE110RANDUII
or UNDBRSTANDING
ARTICLE V.
DISTRIBUTION rROII rORrEITUlU!: ACTIONS
AND SEIZURE or ASSETS
ARTICLE VI.
ORGANIZATIONAL OPERATING PROCEDURES
A. Site Location
B. structural Command
C. Operating standards
D. Case Initiation
E. Enforcement Manpower
F. prosecutorial Support
1. Cross - Designation of Attorneys
2. Special program Attorney
G. Equipment Pool
H. Request for Assistance
I. Reporting Format
J. Evidence Collection, Storage and Testing
K. Undercover Documents
ARTICLE VII. FISCAL PROCEDURE
A. payroll
B. Special Appropriation Fund
C. "Flash Fund" Moneys
D. Asset Sharing
OPERATING STANDARDS
PERSONNEL
SITE LOCATION
COMMAND STRUCTURE
CASE INITIATION
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ARTICLE VIII. ADMINISTRATIVE GUIDELINES
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A. Reporting Format
B. Case Information
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C. Document Security
D. Undercover Documentation
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E. Firearms
r. Qualification
G. other Defensive Equipment
1. Handcuffs
2. Extraordinary Entry Devices
3. Protective Garments
4. Operation Jackets
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H. Press Release
I. Release of Information
1. General Information to be Released
2. Information NOT for Release
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J. Multi-Agency Administrative Concerns
1. Citizen Complaints
2. Employee Evaluation
3. Injuries Sustained on Duty
4. On-Duty Mator Vehicle Accidents
K. Administrative policy
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ARTICLE IX.
INVESTIGATIVE GUIDELINES
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A. Outside Agencies - Requests for Assistance
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B. Noti fication
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C. Undercover Operations
1. preparation and Planning
2. "Determine Logistical Needs
a. Manpower
b. Equipment
c. plan Formulation
d. Operational plan
e. Undercover Operation (U/C)
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D. Use of Intoxicating Beverages/Drugs
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E: Investigative Expenses
F. Confidential Informant procedures
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1. Informant Files
2. Request Memorandum
3. Follow-up Memorandum
G. Informant Identification
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H. Planning operations Involving Informants
I. Undesirable Informants
J. Shooting Incidents
K. Equipment Pool
L. Evidence
1. Evidence, Collection, storage and Testing
ARTICLE. X. FISCAL GUIDELINES
A. payroll Checks and Balances
1. payroll
2. Sick Time
3. Overtime
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B. Fiscal and Voucher Procedure
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'1. Special Appropriation Fund
2. Investigative Funds
3. Reimbursement for Expenses
4. End of Year Closing
5. Maintenance of the Fund
6. custodian of the Fund
7. Flash Fund
8. Asset Sharing
9. Asset Seizure Distribution
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ARTICLE I.
NME
A. The name of this organization shall be the Inland
Regional Narcotics Enforcement Team (IRNET).
ARTICLE II.
PURPOSE
A. The purposes of this organization are:
1. The identification and conviction of high-level
drug traffickers and the seizure of assets derived
through drug trafficking.
2. The targeting, investigation and prosecution of
individuals who organize, direct, finance, or
otherwise engage in high-level drug trafficking
enterprises, or money laundering with high priority
emphasis on those subjects engaged in the
importation of drugs for sale into San Bernardino
County stemming of such activities.
3. The promotion of coordinated drug enforcement
efforts throughout the County encouraging maximum
cooperation between all law enforcement and
prosecutorial agencies.
ARTICLE III.
EXECUTIVE BOARD
A. The affairs of this organization will be directed by an
Executive Board. The Officers of this Board will be the
Sheriff, the Chiefs of all participating Police
Departments, the Area Commander of the California
Highway Patrol, the Resident Agents in Charge of
participating Federal and State law enforcement
agencies, and the Presiding Chairperson of the San
Bernardino County Chiefs of Police and Sheriff's
Association. If the presiding Chairperson of the San
Bernardino County Chiefs of Police and Sheriff's
Association is already a member of the Executive Board,
the Chairperson may appoint another member to the
Executive Board
ARTICLE IV.
MENDMENTS TO THE MEMORANDUM OF UNDERSTANDING
A.
The Executive
Memorandum Of
of the quorum.
Board may amend
Understanding by a
any Article of this
two-thirds (2/3) vote
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ARTICLE V.
DISTRIBUTION FROM FORFEITURE ACTIONS
AND SEIZURB OF ASSETS
A. This organization shall, as they construct their case
investigations, maximize, as possible the
identification of assets for forfeiture. Further, the
use of both civil and criminal forfeiture statutes will
be explored in every instance.
It is agreed that a sharing of assets seized will be
divided based on the participating agencies respective
contribution to the effort. The following formula,
determined by mutual consent, will be utilized:
1. It is agreed that twenty-five (25) percent of all
assets will be returned to the program to recover
operating costs. It is agreed that the remaining
seventy-five (75) percent of any assets seized will
be divided and returned to IRNET member agencies
based on the number of personnel committed.
Note: These percentage figures must necessarily be
applied after administrative costs are
deducted by the appropriate Federal or State
agency involved in the forfeiture proceeding.
2.
A cap of the IRNET f~nd would be $100,000
excess would then be distributed to
agencies.
and any
member
ARTICLE VI.
ORGANIZATIONAL OPERATING PROCEDURES
A. Site Location:
The site location of this project will be 1560 North
Mountain Avenue, City of Ontario, County of San
Bernardino, State of California.
B. Structural Command:
The project Manager will be a designee from the San
Bernardino Sheriff's Department with sufficient rank to
provide operational authority, reporting directly to the
Board on all matters of IRNET concern.
c. Operating Standards:
All matters governing operating procedures, standards,
and guidelines will be designed to balance the rights of
citizens and the needs of law enforcement to detect,
arrest, and prosecute individuals and groups engaged in
sophisticated drug-related activity.
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B.
Case Initiation:
All IRNET investigations shall regularly be reviewed by
the project Manager. Areas of discretion in the setting
of priorities for these cases will be determined by, but
not limited to, the type of enterprise, the impact on
the community, current case load, available manpower
and/or equipment and workable investigative leads.
Enforcement Manpower:
This project shall be designed to bring the highest
level of expertise from contiguous, and, at times,
overlapping, jurisdictions to focus jointly on major
drug trafficking. Toward that end, the following
committee will form the nucleus of this project, the San
Bernardino County Sheriff's Department, the Chiefs of
all participating Police Departments, the Area Commander
of the California Highway patrol, the Resident Agents in
Charge of participating Federal and State law
enforcement agencies.
F. prosecutorial Support:
At the inception of this project, it shall be incumbent
upon the Executive Board members to coordinate a firm
and positive relationship between the United States
Attorney and the State Attorney designees.
1. Cross-Designation of Attorneys:
In order to enhance collaboration between Federal
prosecutors and their state and local colleagues,
it may be advantageous to cross-designate local and
Federal prosecutors.
2. Special Program Attorney:
As previously recommended, consistency on how to
best proceed in certain instances could best be
achieved by allowing the program direct access to
one (1) attorney assigned for that specific
purpose.
G. Equipment Pool:
The resource inventory required for this program,
including but not limited to, vehicles, radio equipment,
specialized items, unique vehicles, mobile phones, and
pagers, will be supplied by the IRNET members. Office
equipment (desks, chairs, typewriters, file cabinets,
phones, computers, office supplies, etc.) will be
supplied by the Sheriff's Department.
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Request For Assistance:
It shall be the policy of this program to respond to a
request for case development assistance from any law
enforcement agency whose situation demands expertise or
resources beyond their existing limitations.
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I. Reporting Format:
The San Bernardino County Sheriff's Department standard
report forms and Division of Record numbers shall be
utilized for case development and to track program
activity. An internal numbering system will be used as
well in order to account for all activity.
J. Evidence Collection, storage, and Testing:
The facilities of the San Bernardino County
Department shall be utilized by the IRNET to
proper evidence chain on all items collected
of case preparation.
Sheriff's
maintain a
in pursuit
K. undercover Documents:
The use of documents to support or enhance undercover
operations will be encouraged. These will include, but
will not be limited to, driver'S licenses, credit cards,
checking accounts, and passports. The procurement,
utilization, and control ,of these documents will be such
as to assure that they are properly accounted for at all
times and are used only for authorized purposes.
ARTICLE VII.
FISCAL PROCEDURE
A. Payroll:
All personnel assigned to the IRNET will be paid by
their respective agency. It shall be the responsibility
of the program's Project Manager to institute a system
of checks and balances, whereby the hours of each
individual. will be audited each day for accuracy and
reported to the appropriate time-keeping agent in a
timely fashion. It shall further be the responsibility
of the Project Manager to maintain records for the hours
submitted in furtherance of the program's function.
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Special Appropriation Fund:
A Special Appropriation Fund shall be established to
which members of the IRNET may charge expenditures as
necessary in the performance of the duties of the
program. In general, such charges shall include
extraordinary or special expenses incurred in the
investigation of major narcotics traffickers violations.
The utilization, responsibility, accountability and
control of this fund shall be determined exclusively by
the project Manager.
C. -flash Fund- Moneys:
This account has been established by the Sheriff for the
limited use of "Flash" purposes should such action
become necessary during the course of an IRNET
investigation. This money shall not be used to purchase
contraband and withdrawal of money from this fund shall
only be approved if authorized by the Project Manager.
D. Asset Sharing:
To support and continue joint participation of local law
enforcement in the IRNET, it has been agreed that assets
seized will be divided and returned to the agencies
involved based on their respective contribution to the
effort.
An estimate of money due each IRNET member agency will
be forwarded to every department's chief executive on a
quarterly basis. A follow-up letter will be sent on a
case-by-case basis as confirmation is received from the
State and Federal Government on IRNET requests.
It shall be incumbent upon the head of each
participating agency or his designee, to submit to the
IRNET a claim for funds due pursuant to this agreement.
This claim must include, in addition to a reference to
the IRNET case in question, a statement stipulating that
the asset or property will only be used for general law
enforcement purposes.
By adhering to this procedure, the
providing an audit trail which will show
seized are being disbursed in accordance
State and Federal law.
IRNET will be
that the assets
with applicable
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~he IRNET will review and approve all 'asset fund
requests. Copies of these requests will be forwarded to
the San Bernardino County Sheriff's Bureau of
Administration and the originals will be maintained by
the IRNET in order to obligate the funds in question.
Once the moneys are received, disbursement will take
place in response to the information contained in the
request.
OPERATING STANDARDS
All matters governing operating procedures will balance
the rights of citizens and the needs of law enforcement
to detect, arrest, and prosecute individuals engaged in
major illicit drug activity.
Effective control of major illicit drug traffickers
depends to a large degree on the close working
relationship among agencies at all levels of law
enforcement. Therefore, all IRNET personnel will assist
to their fullest individual ability the development of
inter-agency cooperation.
PERSONNEL
The assignment of Federal, State, and Local officers to
the IRNET must be approved by their respective
department head. The Project Manager may reject any
nominee based on the officer's training, past
performance, or other factors bearing on suitability.
Federal, State, and Local officers assigned to IRNET
will work full time unless special Executive Board
arrangements have been made. Officers will be under the
direct daily supervision of the Project Manager, and
follow all policies, procedures, and guidelines
specifically enacted by the IRNET. Should any of the
aforementioned policies or procedures conflict with
their own department rules and regulations, the
individual member will immediately bring said conflict
to the attention of his/her IRNET supervisor. The
supervisor will, in turn, bring the matter to the
attention of the IRNET manager, who will take the
necessary action to rectify the situation.
SITE LOCATION
The location for this project is 1560 North Mountain
Avenue, Ontario, California.
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COKKAND STRUCTURE
The project Manager will be a designee
Bernardino County Sheriff's Office with
level to provide wide-ranging operation
will report directly to the Board on
IRNET concern.
from 'the San
sufficient rank
authority. He
all matters of
CASE INITIATION
The initiation of all IRNET cases will ultimately be at
the direction of the Project Manager. Areas of
discretion in assigning case priorities will be
determined by, but not limited to, the sophistication of
the enterprise, the impact on the community, current
case load, available manpower a/or equipment and
workable investigative leads.
ARTICLE VIII. ADMINISTRATIVE GUIDELINES
A. Reporting Format:
San Bernardino County Sheriff's Department report forms
and case numbers will be used.
B. Case Information:
Large scale narcotics investigations are sensitive.
Protection of sources of information and managing of
information about areas of narcotics/drug related
activity are absolutely essential. Dissemination of
information and reports will be done ,on a need-to-know
basis in compliance with existing state and Federal
laws.
Written reports are vital to the conduct of operations.
They are our formal means of communicating among
ourselves, with other agencies and with the court. In
composing an investigation report, the officer should
remember that it will be read by someone else and will
most likely form the basis for action or inaction by the
reader. The report may also be read by someone seeking
to discredit its contents or the IRNET itself.
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I~vesti9ative reports will be completed in a tiaely
manner and will describe activities fully, exactly, and
plainly. All case reports will be kept in the office of
the Inland Regional Narcotics Enforcement Team until the
conclusion of the case.
statistical
seized will
which such
information
of Justice.
information regarding arrests and narcotics
be forwarded to the jurisdictional agency in
activity took place to maintain proper
reporting procedures to the state Departaent
Questions about the appropriateness of releasing case
information will be referred to the project Manager or a
member of the Executive Board.
C. Document Security:
All reports and records will be designated
"Confidential". This material will be secured under
lock and key when unattended. Access to all files is on
a need-to-know basis.
The IRNET will not keep intelligence files. Case files
actively being worked will be kept under the direct
security of the IRNET until the investigation is
concluded. Cases with no workable leads or cases that
have not been worked after one (1) year will be purged.
If the IRNET feels certain case information should be
considered "intelligence," the entire file will be sent
to the appropriate agency and filed under that
department's guidelines for intelligence information.
At no time will investigative reports or official
records be kept or stored anywhere but the designated
office of the IRNET or the San Bernardino County
Sheriff's Records Bureau.
In any case, storage of reports and dissemination of
information will always be done in strict accordance
with applicable Local, State and Federal laws.
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The IRNET will require assigned officers to assume a
covert identity. Arrangements will be made to issue
each IRNET officer:
1. A California Driver's License; and
2. Documents to support covert identification as they
become available.
The project Manager will maintain records and
photostatic copies of all identities issued to
officers. These documents shall only be used while
the officers are on duty and working in an official
capacity and the use of the covert identity is
required in the furtherance of the case. The
project Manager may deem additional documentation,
such as credit cards, a credit rating with TRW, a
passport or social security card to support an
identity. The need for these items will be
evaluated on a case-by-case basis.
In every situation requiring assigned officers to
obtain undercover documentation, their respective
department heads will be advised that the required
application forms have been submitted.
E. Firearms:
Every officer assigned to the IRNET will carry a firearm
in accordance with his/her -department's policies and
procedures. Officers may carry authorized firearms
while off duty, however, applicable departmental
policies about the use of firearms shall apply.
F. Qualification:
Any firearm carried by an officer with the IRNET must be
approved by his/her department and minimum departmental
standards for qualification met. If no departmental
requirements exist, the Sheriff's Department standards
will apply and officers will qualify quarterly.
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other Defensive Bquipment:
1. Handcuffs:
A set of handcuffs will be carried by officers when
engaged in any type of enforcement activity
(excluding undercover work). The use of thumbcuffs
is prohibited.
2. Extraordinary Entry Devices:
The Board may authorize the purchase and use of
extra-ordinary equipment to assist with rapid entry
into suspect buildings as may be necessary to
enhance officer safety.
3. Protective Garments:
All officers with the IRNET will have available a
bullet-proof (protective) vest. Officers shall
wear their vests in arrest and search situations.
4. Operation Jackets:
In arrests, searches, and similar enforcement
situations, members of the IRNET shall wear their
operation jackets.
H. Press Release:
The IRNET will 'cooperate with the media to assist them
in obtaining information on matters of public interest.
However, certain information must remain confidential in
order to protect the Constitutional Rights of the
accused, avoid interfering with an IRNET investigation,
or because it is legally privileged.
The IRNET will function as a unit. All members will
refer to themselves as members of the IRNET. Members
will not release information related to their respective
agencies to the press. If asked what agency you are
employed by, the member's response should be similar to,
"The Inland Regional Narcotics Enforcement Team."
The Executive Board will designate the "Press
Information Officer." Members of the IRNET will not
release information to the press unless otherwise
directed to do so by the Project Manager or any member
of the Executive Board.
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I. Release Of Infor_ation:
The Project Manager will be available to assist in the
dissemination or coordination of such information.
The Information to be released will be determined by the
facts of each situation and at the direction of the
Executive Board. Generally, a description of the
circumstances which do not prejudice the rights of the
suspect(s) or interfere with an investigation will be
made.
1. General Information to be Released:
a. Type of crime (statutes violated, etc.)
b. Extent of injury or damage
c. Value of drugs seized
d. Date and time of crime discovery
e. Length of investigation
f. Suspect name and age, if adult
9. Factual details of the incident
2. Information NOT For "Release:
a.
Prior criminal record,
reputation of accused.
character,
or
b.
The existence or contents of
admission, or statement given
or failure of the accused
statement.
any confession,
by the accused,
to make any
c. The identity, testimony, or credibility of any
prospective witnesses.
d. The possibility of a plea bargain.
e. Any opinion as to the accused's guilt or
innocence or as to the merits or evidence of
the case.
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. J. Multi-Agency Ad.inistrative Concerns:
1. Citizen Co.plaints:
Any complaint from an individual alleging
misconduct by personnel of, the IRNET will be
directed to the Project Manager, or in his absence,
a Project Supervisor and a written report will be
submitted to the project Manager for evaluation.
The Project Manager will notify the officer's
respective agency and facilitate their
investigation of the incident.
It will be the policy of the IRNET to receive,
record, and properly direct all citizen complaints
against its members without exception.
2. Employee Evaluation:
It is recognized by the IRNET that all agencies
have at least annual employee evaluations. when
such evaluations are due, the project supervisor of
the affected employee will assist the appropriate
law enforcement supervisor in completing a fair and
objective evaluation for the rating period.
3. Injuries Sustained On Duty:
When an IRNET officer is injured on duty, it will
be necessary to follow the procedures required by
the officer's agency, including notification of the
specific agency involved. In emergency situations,
the officer will receive immediate medical
attention in the most expedient manner. In order
to assist project supervisors in ensuring an
officer's injury is treated without unnecessary
delay, officers assigned to the IRNET will supply
his supervisor with a packet containing the forms
and applicable instructions for processing.
4. On-Duty Motor Vehicle Accidents:
a. If an IRNET Officer is involved in an accident
while on duty, a long form accident report
will be completed by the jurisdictional
agency. Copies will be forwarded to the
officer's agency and the IRNET project Manager
for further review and necessary action. In
any on duty motor vehicle accident, whether
injury or non injury, the Project Manager will
immediately notify the member agency so they
can notify their appropriate Risk Management/
Civil Liabilities Team.
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K. Administrative policy:
All members of the IRNET will be expected to confora to
their department's policy and procedure, as well as, any
additional policies and procedures set forth by the
IRNET; such as performance expectations, punctuality,
and chain of command).
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-ARTICLE IX.
INVESTIGATIVE GUIDELINES
A. Outside Agencies - Requests For Assistance:
It shall be the policy of the IRNET to respond to
requests for case development assistance from any law
enforcement agency whose situation demands expertise or
resources beyond their existing capabilities. All such
requests will be reviewed by the project Manager as soon
as practical after being received.
The Project Manager will be informed of all requests for
assistance made by non-participating agencies.
The IRNET recognizes that the jurisdictional make-up of
Southern California lends itself to investigative
overlay during the course of narcotics case development.
Therefore, the IRNET will, therefore, strictly adhere to
the following notification procedures in order to
minimize any chance of conflicting with the enforcement
routine of the affected jurisdiction.
B. Notification:
Prior to actually opening an case active, the IRNET will
contact the local agency of jurisdiction and check to
see if that department is already actively working a
case on the subject(s) of the IRNET's investigation. In
addition, IRNET will contact adjacent jurisdictions and
WSIN to see if any agency has information on the
subjects.
After opening a case, IRNET will utilize the guidelines
of WSIN as to identifying the case and subjects being
worked so as to facilitate communications between
investigating agencies and eliminate duplication of
effort.
Note:
The IRNET will maintain close a communication
with the affected jurisdiction throughout its
investigation. If the agency in question has
an open, active case of its own centered on
that target, the IRNET will not open a
separate case unless requested to do so by the
affected agency. (see Requests For
Assistance.)
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When executing Search or Arrest Warrants, the foliowing
procedure will be followed and, when appropriate, at
least one uniformed officer from the appropriate agency
will be requested and utilized.
Members of the IRNET will
Watch Commander regarding
will be taking place, the
of the operation.
notify the appropriate agency
the type of activity which
location and approximate time
The IRNET will also notify the narcotics detail of the
affected agency:
1. To prevent a duplication of effort.
2. To protect undercover officers.
3. As a means to gather additional intelligence.
C. Undercover Operations:
The IRNET, by its nature, will have numerous occasions
to conduct undercover operations. SpecificallYi this
will entail introducing undercover officers to narcotic
traffickers in order to purchase drugs or infiltrate
their organization. In order to insure officer safety
and' proper case development, the following guidelines
will be adhered to.
1. Preparation and Planning:
a. Discuss the purpose and intention of the
operation with your Project Supervisor. Depending
on the magnitude of the investigation, it may
require prior approval through the Project Manager
to the Executive Board.
2. Determine Logistical Needs:
a. Manpower:
The project Supervisor will assess each case with
the project Manager to determine if special tactics
or the utilization of a special weapons team will
be required. Jurisdictional responsibilities will
be recognized.
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b.
, ,
Equipment:
1) Communications
2) Wireless Transmitter/Receiver with
Recorder
3) Helicopter
4) "Flash Roll"
c. Plan Formulation:
1) Indicate the scenario the Undercover
Officer will utilize.
2) Designate a Case Agent.
3) prepare a case history on the violators
involved.
d. Operational Plan:
1) A written operational plan will be
submitted by the Case Agent on all
narcotics investigations including
buy/busts, arrest and search warrant
service and undercover surveillance
cases.
2) plan Format:
a) The written plan will include:
suspect information, criminal
history, pictures, vehicles, and
associates.
b) A brief case history of the
suspect's method of operation and
other criminal tendencies.
c) Maps, diagrams, and address.
1. Clothing description
2. Undercover vehicle
3. Money flash vehicle
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4. Clothing description of
undercover officer and
confidential informant,
if involved.
5. Arrest and trouble signal
(visual and audio).
d) List of all officers involved, including
their assignment and vehicle and
equipment responsibilities.
e) Copies of the plan will be distributed to
all involved officers.
f) Notification of the law enforcement
agency where the operation will take
place will be noted on the plan,
including who was notified.
g) Communication channel frequency for the
operation and necessary clearances from
Central Dispatch. (An alternative
frequency should be included in case of
communication problems on primary
channel).
h) Before starting, a complete briefing
will be cQnducted utilizing the written
plan.
i) The Program Manager will approve all
tactical plans prior to their
implementation.
e. undercover Operation (U/C):
1) The U/C will not deviate from the written
plan unless he/she is able to obtain
supervisory approval during the
operation.
2) When the arrest signal is given, the U/C
will not be involved in the actual arrest
unless the situation absolutely dictates
his/her intervention.
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If, during the operation, the 'u/e fa
robbed by the suspects for the flash
money, he/she will immediately give the
trouble signal and rely on the
cover/surveillance units to take
appropriate actions.
Note:
See Fiscal guidelines for
procedures in regards to lost
or stolen moneys.
4) The U/C officer will never "front" any
portion of the flash roll. Additionally,
he/she will not "front" any special funds
for narcotics purchases without prior
supervisory approval.
SI The U/C officer will never meet with
suspects in a narcotics investigation
without proper surveillance and cover
units.
61 Section 11361 of the Health and Safety
Code provides immunity from prosecution
to authorized peace officers or other
agents while investigating violations of
the Health and Safety Code.
D. Use of Intoxicating Beve~ages/Drugs:
1. IRNET Personnel will not use or possess any
intoxicating beverage before reporting for duty to the
extent that they are impaired, nor will they use
intoxicating beverages while on duty. IRNET personnel,
with the consent of their superior officer, may drink
alcoholic beverages while on duty when necessary to
accomplish a police purpose.
a. IRNET personnel who have approval from a superior
to drink while involved in a covert operation must:
1) Not drink to such a degree that their
judgment may be impaired.
2) Not drive a vehicle after such
assignment, until they have reached an
appropriate state of sobriety.
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b.
IRNET personnel will ensure that all persons'under
their control and who have used alcoholic
beverages, are able to perform their tasks without
becoming a danger to themselves or others.
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2. IRNET officers shall not maintain drugs or paraphernalia
for their use, or provide paraphernalia for use.
3. IRNET personnel shall not use any narcotic or drug. The
only exception would be in a life threatening situation.
If in the best judgment of the employee, failure to use
a drug or narcotic could result in death or serious
injury, that employee may participate in the use.
During some
necessary to
stimulating
of stimulant
covert investigations, it may become
simulate the use of narcotics, for example,
the smoking of marijuana or the inhalation
drugs.
a. As soon as possible after use or simulation,
the officer will be examined by a supervisor
and, if necessary, by medical personnel to
determine the extent of intoxication or
effect. A complete report by the officer and
his supervisor will be submitted regarding the
circumstances of the use of simulation and the
effects thereof. Based on this examination
and report, appropriate action will be taken
if necessary by the Project Manager.
4. The investigative staff will see that informants
under their direction have read and understood the
provisions of the Confidential Agreement Form as it
applies to the use of alcohol, drugs and narcotics.
E. Investigative Expenses:
IRNET officers will in the performance of their duties,
expend program funds during narcotic investigations.
Included in this area will be narcotic purchases,
program maintenance and operational expenses.
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Narcotic Purchases:
IRNET officers will have the availability of
expending funds for narcotics with prior prograa
supervisory approval.
2. prograa Maintenance:
Will include meals, gasoline, lodging and money for
confidential informants and/or witnesses. Another
officer will be present while disbursing these
funds or obtaining a signed receipt fro. the
recipient. The purpose is to protect the
credibility of IRNET officers. On rare occasions,
it is conceivable that an officer will not be able
to adhere to the above policy. In those instances,
the officer can disburse funds and later advise a
project Supervisor of the circumstances.
3. Operational Expenses:
Will include officer expenses in an undercover
capacity for food, gasoline, lodging, vehicle
rental, special equipment and any other item deemed
necessary by Project Supervisors in order to
enhance the successful completion of an operation.
F. Confidential Informant Procedures:
It will be the responsibility of the IRNET Sergeants to
ensure that the following procedures are followed by
investigative personnel while utilizing informant
operatives.
1. Informant Files:
An IRNET coded file will be maintained on each
Informant Operative which will minimally consist of
the following:
a. Background Information Sheet and
Mug Photograph
b. CII and/or FBI Rap Sheet
c. A report of the prospective investigations in
which officers anticipate engaging the
informant.
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d.
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A list of investigations in which the
informant has participated.
e. De-briefing of current criminal activity that
the informant has knowledge of.
f. Copies of authorization and follow-up
memorandums (if applicable).
2. Request Memorandua:
The investigator wishing to use an
informant who is currently charged or is going to
be charged, will initiate a memorandum requesting
authorization:
a. Memorandum addressed to the Project Manager
and District or United States Attorney, from
a IRNET supervisor.
b. Contain a summary of charges.
c. Authorization from arresting officer or
agency.
d. General overview of proposed investigations
(do not list suspect's name).
e. The type of investigative assistance informant
is expected to 'provide (information, obtain
evidence, covert operative, testify, etc.)
f. A paragraph outlining the informant's
understanding of the District Attorney'S and
IRNET's involvement which specifically states
that no promises of leniency or specific types
of sentencing can be made, and that
disposition of the case with which he/she is
presently charged will ultimately be handled
by the Court. The District Attorney and IRNET
can only make recommendations based on their
evaluation of the informant's participation in
the investigations.
g_ Attachments:
1) Informant's current CII and/or FBI Rap
Sheet
2) Confidential Agreement Form
3) Consent Form
4) Copy of Crime Reports (if possible)
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3.' Follow-up Keaorandu.:
At the completion of the investigations, a
follow-up memorandum shall be written to the
District Attorney or united states Attorney
outlining the informant's assistance. It will
contain the following:
a. Present status of case pending against
informant
b. Investigations.
c. General appraisal of aid rendered by informant
(very successful, did not meet commitment,
seemed insincere, etc.)
d. In the event that an informant fails to meet
hisjher commitments and make himselfjherself
available to and participate with the
investigating officers, the Project Manager
and District Attorney or United States
Attorney will be advised immediately by
inter~office memorandum. All follow-up
memorandums and status memorandums written to
the District Attorney or united States
Attorney concerning the Confidential
Informants shall be reviewed by the Project
Manager and th~n hand-carried to the District
Attorney or United States Attorney.
G. Informant Identification:
1. The informant's identity must always'be known to
the project supervisor and manager.
a. Officers are reluctant to divulge the names of
their informants, so access to informant files
must be limited on a "need-to-know basis" only.
b. Knowing the name of the informant is not enough.
A complete identification package will be
maintained.
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B.
planning Operations Involving Infor.ants:
Planning includes proper time, manpower, and logistical
support.
1. The case agent must control the direction of the
operations - and the informant. They must never
place themselves in the position of having to take
action when there is not enough manpower or
equipment.
2. The entire relationship and direction must come
from the officer.
a. It is not uncommon for the informant to
attempt to become involved in planning;
b. The informant should not be present at
briefings.
I. Undesirable Informants:
when a case agent is aware an informant is undesirable,
all contact with that informant should cease and the
reasons should be noted in hisjher informant package.
This information will be disseminated throughout the
narcotic enforcement community.
Also, informants, when the case agent feels it is
necessary, will be checked through WSIN to see if they
have been "blackballed" prior to utilizing them.
J. Shooting Incidents:
Any member of the IRNET who discharges 'his weapon during
the performance of duty will immediately notify the:
1. Jurisdictional agency of the area in which the
discharge took place.
2. project Manager (IRNET)
a. IRNET supervisor will conduct a complete and
thorough investigation and submit to the
Project Manager.
3. The respective department's watch Commander from
which the officer is employed.
In those cases where death or serious injury is
related to a shooting or the operation of a motor
vehicle, the jurisdictional agency will handle the
full investigation according to departmental policy
and procedure.
4. The IRNET M.O.U. is not meant to supercede the
policy of any member agency.
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Rquip.ent Pool:
The office space, office equipment, radio equipment,
in-house covert equipment, as well as specialized item.
required in certain types of cases, will be provided by
the IRNET. Situations requiring air support, unique
vehicles, or other limited-purpose inventory, will
require cooperative scheduling from the member agencies.
L. Bvidence:
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1. Collection, Storage, and Testing:
The facilities of the San Bernardino County
Sheriff'~ Department will be utilized by the IRNET
to maintain a proper evidence chain on all items
collected in pursuit of case preparation. All
evidence obtained during an investigation will be
tagged and placed into an appropriate evidence
locker without unnecessary delay.
In addition, when handling seized narcotics or
money, no less than two (2) -officers will be
detailed to actually move or count such contraband.
Further, at no time, after seizure and prior to
placement in secure storage will less than two (2)
officers be allowed to maintain security on such
items.
AS a matter of routine, seized currency will be
placed into a plastic bag designed for that
purpose. This receptacle will be sealed, dated,
and initialed by the-case agents and only opened by
the appropriate Federal or State agency.
Under normal circumstances, currency seized as a
result of IRNET investigations will be forfeited
through a state or federal government agency.
Because of this, the money will be turned over as
soon as possible after seizure (within 24 hours)
and they will conduct an exact count of the cash.
If the forfeiture is -to be conducted through the
state proceeding, the money will be handled as
described above, however the money will be counted
by JRNET detectives in the presence of an JRNET
supervisor and the account verified by them prior
to deposit.
Any deviation from these procedures will require
the prior approval of the Project Manager.
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. ':. 'ARTICLB X.
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FISCAL GUIDELINES
.
A. Payroll Checks and Balances:
1. Payroll:
All personnel assigned to the IRNET will be paid by
their respective agency. It is the responsibility
of the Project Supervisor to accurately report work
hours of each member to the Project Manager daily.
Once the time keeping has been approved, it will be
reported to each officers' respective agency, as
required by their guidelines.
2. Sick Time:
All personnel will utilize sick time in accordance
with their respective agency's policies and
procedures.
Reporting of sick time will be made to the IRNET
Project Supervisor. The IRNET will notify the
officer's agency to assure proper notification and
time keeping.
3. Overtime:
All personnel will. attempt to contact/notify the
Project Supervisor for approval prior to working
overtime.
All personnel will, as required, work beyond their
normal work day or respond on call-outs as deemed
necessary by the Project Manager or Supervisor.
Each local agency committing manpower to the IRNET
shall agree to pay for any overtime worked by their
respective personnel. The IRNET will try to limit
overtime worked to forty (40) hours per month, per
man.
B. Fiscal and Voucher Procedure:
1. Special Appropriation Fund:
The Sheriff will absorb a majority of the cost of
IRNET during the first 12-18 months of operation.
Therefore, a special appropriation fund consisting
of twenty-five percent (25\) of all seizures will
be returned to IRNET. The IRNET will then disperse
funds to the Sheriff until his advance to IRNET is
satisfied.
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The utilization,
and control of
exclusively by the
responsibil i ty,
this fund will
Project Manager.
accountabi li ty,
be determined
,
AS surplus funds are
Manager will report to
decision will be made on
accumulated, the Project
the Executive Board and a
how to utilize the money.
A quarterly report will be forwarded to the
Executive Board reflecting the status of the fund.
2. Investigative Funds:
Investigative funds are those authorizea
expenditures incurred by officers while working
undercover or on surveillance. They must directly
relate to the continuing development of an
investigation or informant. The Sheriff will
provide for the initial funding of this item and
will be reimbursed from the Special Appropriation
Fund.
A voucher will include statement as
the money was expended. By signing
the officer is attesting to the
necessity for the expenditure.
to the reason
the voucher,
validi ty and
a. Date
b. Amount
c. Reason(s)
d. Signature of requester
It shall be submitted to a Sergeant for review and
authorization signature of the Project Manager.
3. Reimbursement For Expenses:
Officers incurring out-of-pocket expenses
associated with an investigation can be reimbursed
if the expense meets the criteria outlined under
"Investigative Expenses." Vouchers for
out-of-pocket expenses will be submitted to the
Sergeant or Project Manager for approval, who will
forward them to the appropriate department for
payment.
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4..
End Of Year Closing:
The fund will be closed on June 30 of each year. A
full accounting of all expenditures will 'be made to
the Executive Board. All cash advances from the
fund must be cleared by June 30.
.
5.
Maintenance Of The Fund:
The Project Manager will maintain a workable level
of cash at all times in the IRNET safe. Additional
will be deposited in an interest bearing account.
Pertinent accounting records will be made available
to the Executive Board upon their request for
inspection and audit. Records containing
information relative to the prosecution of a case
or cases and/or persons involved in a particular
case or cases shall be deemed confidential and
shall not be made available.
6. Custodian Of The Fund:
The custodian of the fund is the Project Manager.
He will:
a. Have access to the fund (including knowledge
of or access to safe combinations).
b. Retain copies of cash advance form, expense
vouchers, and receipts applicable to the fund.
c. Maintain lists of individuals authorized to
draw moneys from the fund and individuals
authorized to approve advances and
expenditures, will update these lists as
appropriate.
d. Release cash to authorized individuals upon
receiving properly prepared and approved
forms.
e. Accept cash being returned to the fund and
place in the safe and issue a receipt as to
relieve the person returning the cash of
further responsibility.
f. Perform any other duties referred to in this
procedure or as may be deemed appropriate in
compliance with current Sheriff's Fiscal
procedures.
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.7.
Flash Fund:
.
The Flash Fund procedure shall be strictly adhered
to in order to assure accountability,
responsibility, and control of the fund. Flash
fund money will not be used to buy contraband. Its
use is limited to "flash" money purposes in
connection with controlled substances and various
special investigations.
8. Asset Sharing:
To support and continue joint local participation
of local law enforcement in the IRNET, it has been
agreed that assets seized will be divided and
returned to the agencies involved based on their
respective contribution to the effort.
In . every instance in which forfeiture proceedings
are undertaken relative to an IRNET case
investigation, the Project Manager will provide
the head of each participating agency a breakdown
of costs to minimally include: original amount of
cash or property seized, amount available for
forfeiture (based in part on real property equity)
and financial portfolio profiling each
participant's share.
It shall be incumbent upon the head of each
participating agency or his designee to submit to
the Executive Board a claim for funds due pursuant
to this Agreement. This claim must include, .in
addition to, a reference to the IRNET case in
question, a statement stipulating that the assets
or property will only be used for general law
enforcement purposes.
9. Asset Seizure Distribution:
Following is an example of the formula to be used
by IRNET in dividing asset seizure funds once they
are forfeited.
As stated previously, twenty-five percent (25%) of
funds returned will go to IRNET. In addition,
either ten percent (10%) or fifteen percent (15\)
of the gross seizure will go to the state or
Federal agency processing the seizure.
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The remaining funds will be distributed to the
member agencies based on manpower committed as
follows:
20 .en co_itted - 5\ per .an
22 .en co_itted - 4.55\ per .an
25 .en co_itted - 4.00\ per .an
27 .en co_itted - 3.70\ per .an
.
under this formula, the share .received by each
agency is in direct proportion to manpower
committed to the program making it equitable to all
those participating.
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"';. ~"". ThJ.s ,Me.morandulll of Understanding outlines
"'.4~ operating policies and procedures for the
. Narcotics Enforcement Team (IRNET).
the organ1zat~nal
Inland Regional
.
As Officers of the Executive Board and representatives of the
IRNET member agencies, the signatures affixed below signify
our agreement to the contents of this Memorandum:
(IRNET MOD approved per City of S Bdno Res No 92-244 adopted 7/6/92)
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DICit HILLI , shed f
San Bernardino County Sheriff's Department
/)
_~Z1-
Date
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I.
DANIEL A. ROBBINS, Chief of Police
San Bernardino Police Department
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Oate
Date
Date
Date
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