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Home My WebLink About2005-141 ,- 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. 2005-141 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE IN A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA HIGHWAY PATROL (CHP) RELATING TO DRUG INVESTIGATIONS ORIGINATED BY THE CHP. SECTION 1: The Mayor and Common Council of the City of San Bernardino. authorizes the Mayor or her designee, to execute an agreement between the City of San Bernardino Police Department and the California Highway Patrol authorizing the San Bernardino Police Department to participate in a Memorandum of Understanding with the California Highway Patrol (CHP) relating to drug investigations originated by the CHP. SECTION 2: The authorization to execute the above referenced memorandum of understanding is rescinded if it is not executed within sixty (60) days of the passage of this resolution. III III III III III III III III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE IN A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA HIGHWAY PATROL (CHP) RELATING TO DRUG INVESTIGATIONS ORIGINATED BY THE CHP I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6th day of June 9 Council Members ESTRADA LONGVILLE McGINNIS DERRY KELLEY JOHNSON McCAMMACK , 2005, by the following vote, to wit: Aves Navs X X X X X X X Abstain Absent _~h~ City Clerk The foregoing resolution is hereby approved this 'jli y of ----.Jun~_, 2005. Approved as to form and legal content: James F. Penman, City Attorney ~ Z BY: ~ 7. 6~L. o @(l05-141 MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS 2005 This is a Memorandum of Understanding (MOU) between the San Bernardino Police Department (SBPD) and all California Highway Patrol (CHP) Commands within San Bernardino County regarding drug investigations originated by the CHP. PURPOSE The purpose of this MOU is to establish when the signatory agency shall be notified and offered the opportunity to handle drug investigations originated by the CHP. CALL OUT PROCEDURES The California Highway Patrol will notify and request on-scene assistance from the signatory agency when one or more of the following circumstances occurs: 1. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant Section 11470 of the Health and Safety Code (HSC) (i.e., possession for sale, transportation, manufacturing, or conspiracy related to drugs) or federal law pursuant to Title 21 United States Code (USC), Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering offenses). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufacturing operations. B. Money linked to drug transactions. (Minimum currency amount $1,000.00.) C. Minimum drug amounts for call-out of the signatory agency. 14.25 grams (half ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin or cocaine base (rock cocaine). 28.5 grams (one ounce) or more of a substance containing powder cocaine, methamphetamine, or other Schedule I or II controlled substances, except marijuana, peyote, or psilocybin mushrooms. 10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms. D. Any conveyance containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (Section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigation. -- we 2005-141 Memorandum of Understanding. Page 2 EXPECTATION When the San Bernardino Police Department Narcotics Division is notified of drug investigations which meet the aforementioned criteria, it is the expectation of the CHP the SBPD Narcotics Division will accomplish the following: 1. Either telephonically decline to respond or offer investigative assistance to include a response from the SBPD Narcotics Investigators. Upon arrival of the SBPD Narcotics Investigators, the investigator(s) may decline to handle the investigation to its conclusion. Otherwise, the investigation is generally handled entirely and not in part by the SBPD. By no means shall the SBPD be obligated to handle narcotics investigations originated by the CHP. 2. If accepted, the signatory agency shall prepare a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceedings pursuant to Sections 11470 et. al HSC. A copy of the investigative report is to be provided to the Inland Division Special Enforcement Unit, attention Asset Forfeiture Coordinator. CASH SEIZURES In any arrest or incident where the CHP initiated the investigation and currency was seized by the CHP, it's the Department's policy that uniform members of the CHP shall maintain control of the currency until a true and accurate count is assessed and a signed receipt for that amount has been obtained. If the sum of cash is too large to be counted, the cash is to be bagged and tagged and retained by the CHP until it can be counted at a financial institution. A representative from the SBPD should be present at the money count. In the event uniform members of the CHP provided assistance to SBPD, including, but not limited to, canine sniffs, search warrants, traffic stops, or "Wall Stop" and currency was seized by the SBPD, the SBPD shall adhere to their departmental policy concerning evidentiary and/or asset forfeiture policies. EQUITABLE SHARING The California Highway Patrol will not normally request more than twenty-five (25) percent of the law enforcement share of the forfeited asset(s) when assistance is requested solely from the signatory agency and the related case has been actively investigated to conclusion or submitted for state adoption by the signatory agency. . 2tlOS-141 Memorandum of Understanding. Page 3 In cases where federal agencies, the Police Department, and the California Highway Patrol investigate cases jointly and cash seizures result, a member of the California Highway Patrol shall submit an asset sharing request, utilizing a Federal Dag 71 form, to the lead federal agency for its percentage of asset forfeitures. DURATION AND TERMINATION PROVISIONS Any party to this agreement desiring to terminate its participation shall notify each signatory to this agreement in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less than ten days from the date of said notification. The parties, evidenced by their signatures hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effect until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement may require amendments during the term of this MOU if their governing bodies so direct. If any provision of this MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue to remain in full force and effect. AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW: GARRETT ZI Chief of Police San Bernardin ~. (~- ~ Date 3~ 1/- 0;- Date