HomeMy WebLinkAbout2006-095
1
RESOLUTION NO. 2006-95
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT
3 OF JUSTICE CALIFORNIA ARMED PROIDBITIVE PROGRAM INLAND EMPIRE
TASK FORCE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1: The City of San Bernardino Police Department and The Department of
7 Justice California Armed Prohibitive Program have agreed that the San Bernardino Police
8 Department will enter into the Inland Empire Task Force. This Memorandum of Understanding
9 is to enter into an agreement between the two agencies.
10 SECTION 2: Pursuant to this determination, the Mayor or his designee is hereby
11 authorized and directed to execute a Memorandum of Understanding with the Department of
12 Justice California Armed Prohibitive Program.
13 SECTION 3: The Authorization to execute the above-referenced Memorandum of
14 Understanding is rescinded if it is not issued within sixty (60) days of the passage of this
15 resolution.
16 III
17 III
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RLS/cj[ResolutionPoliceMOUCalArmPro.Reso] 1
2006-95
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT
2 OF JUSTICE CALIFORNIA ARMED PROffiBITIVE PROGRAM INLAND EMPIRE
TASK FORCE.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof, held
April
, 2006, by the following vote, to wit:
AYES NAYS
X
--1L-
.......lL-
X
X
X
X
--
ABSTAIN ABSENT
~h~
CI CLERK
18
19
20
21
22
The foregoing Resolution is hereby approved this 5'r'day of April
,2006.
Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
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.a
RLS/cj [ResolutionPoliceMOUCalArmPro.Reso]
2
California Armed Prohibited Program Inland Empire Task Force
(CAPP IETF)
Memorandum of Understanding
Table of Contents
Memorandum of Understanding
.................................1
I. Purpose ..........................................................................2
II. Mission ...........................................................................2-3
III. Task Force Council ..................................................................3-4
IV. Management ..........................................................................4
V. Task Force Commander .................................................................4
VI. Compensation .......................................................................4
VII. Budget .....................................................................................4
VIII. Training
..................................................................................4
IX.
Annual Report
...................................................................................4-5
X.
Resources
.....................................................................5-6
XI. Facilities, Equipment and Property................................................................ 7
XII. Program Activities
...........................................................................7
XIII. Administration and Audit
..............................................................................7
XIV. Inspection Process .................................................................7
XV. Nondiscrimination Clause .................................................................................7
XVI. Respective Responsibilities ........................................................................8
XVII. Policy and Procedures Manual
........................................................................8
XVIII. Term of Agreement
........................................................8
XIX. Authorization
.......................................................................................9-13
ORIGINAL
CALIFORNIA ARMED PROHIBITED PROGRAM
INLAND EMPIRE TASK FORCE
2005/2006
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) to establish the CALIFORNIA ARMED
PROHIBITED PROGRAM, INLAND EMPIRE TASK FORCE (hereinafter CAPP IETF) is
entered into by the California Department of Justice, Firearms Division (hereinafter FD) and the
following participating agencies:
California Department of Justice Firearms Division
California Department of Forestry and FireProtection
California Highway Patrol - Inland Divsion
Riverside County Probation Department
San Bernardino Police Department
1
California Armed Prohibited Program Inland Empire Task Force
(CAPP IETF)
Memorandum of Understanding
Table of Contents
Memorandum of Understanding
.................................1
I. Purpose
II. Mission
III. Task Force Council
IV. Management
V. Task Force Commander
VI. Compensation
VII. Budget
VIII. Training
IX.
Annual Report
X.
Resources
..........................................................................2
...........................................................................2-3
..................................................................3-4
..........................................................................4
.................................................................4
.......................................................................4
.....................................................................................4
..................................................................................4
...................................................................................4-5
.....................................................................5-6
XI. Facilities, Equipment and Property ................................................................7
XII. Program Activities
XIII. Administration and Audit
...........................................................................7
..............................................................................7
XIV. Inspection Process .................................................................7
XV. Nondiscrimination Clause .................................................................................7
XVI. Respective Responsibilities
XVII. Policy and Procedures Manual
XVIII. Term of Agreement
........................................................................8
........................................................................8
........................................................8
XIX. Authorization
.......................................................................................9-13
I. PURPOSE
The purpose of this memorandum is to set forth the responsibilities of the participating agencies
as they relate to the CAPP IETF. Working in conjunction, the participating agencies will
conduct investigations of persons/groups prohibited from possessing firearms.
The mission ofthe task force will also be:
*
Assisting local law enforcement agencies (Family Violence Units) with the
apprehension of individuals and groups illegally in possession of firearms that
threaten the safety of the community.
*
Assisting the California Department of Justice, Firearms Division with their
mission of investigating firearms related offenses throughout the State of
California. This includes investigating persons prohibited from possessing
firearms and the apprehension of individuals and groups involved in illegal
weapons trafficking.
*
Assisting the California Department of Forestry and Fire Protection in
apprehending individuals and groups involved in explosives possession,
trafficking, and arson investigations.
Use of this task force concept is intended to ensure well coordinated regional enforcement of
armed and prohibited investigations and increase the flow of intelligence information related to
armed and prohibited person(s) between the various law enforcement agencies participating in
the CAPP Task Force program.
II. MISSION
The mission of the CAPP IETF will be to increase public safety by apprehending Armed
Prohibited Persons and diminishing the availability of illegal weapons in the Counties of
Riverside and San Bernardino.
The goals and objectives of the CAPP IETF, are as follows:
1. To initiate investigations involving Armed Prohibited Persons with the overall
objective of collecting unlawfully possessed firearms and prosecuting the
offenders.
2. To gather and disseminate Armed Prohibited Person intelligence information to
police agencies served by the CAPP IETF and to assist those agencies on specific
Armed Prohibited Person firearm problems within the respective jurisdiction of
the agencies involved in the Task Force as needed and authorized by the Task
Force.
3. To utilize and monitor probation and parole status to verify suspected Armed
Prohibited Person(s) and weapon offender's search terms and conditions, and
utilize those resources to affect searches, seizures, arrests and prosecutions.
2
4. To conduct an on-going assessment of the Task Forces' policies, management
systems, grant programs, evidence handling, reporting procedures, and methods
of operation and to make recommendations to the Task Force Council through the
Task Force Commander for improvement.
5. To demonstrate by concentrated enforcement a posItIve impact on the swift
capture of Armed Prohibited Person(s) who have committed homicides,
robberies, rapes, and other violent crimes.
III. TASK FORCE COUNCIL
The CAPP IETF, will be governed by a "Task Force Council."
COUNCIL CHAIRPERSON
The Council Chairperson for the CAPP IETF, will be the Special Agent in Charge of the
California Department of Justice, Firearms Division, Southern California Regional Office. The
Council Chairperson will be the Task Force Commander's primary contact with the Council on
normal matters and will bring to the Council's attention any matters which would require a
consensus of the Council prior to a regularly scheduled quarterly meeting. The Council
Chairperson shall also preside over the CAPP IETF Council meetings and is responsible for the
formulation of minutes for the meetings and notification of Council members of upcoming
meetings.
CHANGES IN ORGANIZATION
In the event that a member or members of the CAPP IETF Council wish to change a task force
procedure or policy as expressed in this agreement or the task force manual of instruction, those
changes will be made with the consent of the entire Council resulting from a majority vote in
favor of such a change. The Council Chairperson of the CAPP IETF Council shall notify the
Task Force Commander of the pertinent policy changes prior to the effective date of such
change.
*
Participating Agency - A "Participating Agency" is an allied state, federal or
local law enforcement agency that has made a commitment of resources and
manpower for an agreed upon time period.
*
Affiliated Agency - An "affiliated agency" is an allied local law enforcement
agency (Police/Sheriff/ProbationlParole Department) that has made a
commitment to assign an officer/deputy/detective/investigator as a contact/liaison
to the Task Force. The contact/liaison will only be committed to those
investigations within their respective jurisdiction.
*
Structnre - The Task Force Council will consist of the Special Agent in Charge
(SAC) of the FD Southern California Regional Office or their designee and the
department heads of each participating agency or their designee.
3
*
Role - The Task Force Council shall meet on a quarterly basis or as required for
the purpose of reviewing the activities of the CAPP IETF. Also, the members
shall have general responsibility for the oversight of the CAPP IETF operations.
*
Policy Authority - The Task Force Council shall be responsible for the CAPP
IETF policies and operating procedures. The Council shall periodically review
and evaluate the CAPP IETF operations, goals, objectives, policies and
procedures.
IV. MANAGEMENT
The management and supervision of the CAPP IETF resources will be the responsibility of the
Task Force Commander. The Task Force Commander shall retain supervisory control of the
personnel assigned to the CAPP IETF. When the number of law enforcement personnel from
participating agencies drops below four, FD may terminate the MOU.
V. T ASK FORCE COMMANDER
A Special Agent Supervisor and/or Lead Special Agent from FD shall be responsible for
managing the CAPP IETF and will report to the Task Force Council through the Chairperson of
the Council. The Task Force Commander shall take direction from the Task Force Council. The
Task Force Commander will provide the Task Force Council with quarterly and annual reports of
the CAPP IETF activities. Any personnel assigned to the CAPP IETF shall work under the
immediate supervision and direction of the Task Force Commander and shall adhere to the
published policies and procedures ofCAPP IETF as adopted by the Task Force Council.
VI. COMPENSATION
Each participating agency is responsible for providing its respective personnel with salaries,
benefits and overtime in accordance with FLSA regulations. Overtime, due to potential
budgetary impact, must be an item of communication between each agency responsible for
payment and the Task Force Commander.
VII. BUDGET
The Task Force Commander will prepare a proposed budget each year (date to be determined by
the Task Force Council) for the ensuing fiscal/calendar year for approval by the Task Force
Council. A monthly report of expenditures shall accompany the monthly statistics report
submitted to the Task Force Council as outlined in the Policies & Procedures Manual.
VIII. TRAINING
Training is handled by participating agencies according to their individual budgets. A yearly
training plan for all task force personnel, sworn and non-sworn, shall be prepared upon their
assignment to the task force. In addition, a yearly group training plan shall be prepared and
submitted with the task force yearly budget proposal.
4
IX. ANNUAL REPORT
The Task Force Commander will provide the Task Force Council and FD Headquarters with an
annual report of activity no later than March 15 of each year. This report will summarize the
preceding calendar year's operation and shall include a section for statistical data broken down in
a similar fashion to that of the monthly reports. The report shall contain sufficient information
regarding Armed Prohibited Person investigations and illegal firearm trends to enable the
Council to reassess task force goals and objectives.
X. RESOURCES
Each of the below listed agencies have agreed, by virtue of the signature of the department head
affixed to this MOU, to contribute the following personnel and/or resources to the CAPP IETF
during each year of this agreement.
FIREARMS DIVISION
1. (1) one Special Agent Supervisor/Lead Special Agent
2. (1) one Special Agent
3. (2) two radio equipped undercover police vehicles including cost of operation
4. Investigative equipment funds, as needed;
5. Investigative equipment, as needed;
a. Specialized undercover monitoring equipment
b. Surveillance van
c. Video/VCR equipment
6. Investigative funds, as needed;
a. Purchase of evidence
b. CI payments/service
7. Portab Ie radios
8. Telephones, computers, radios, and office equipment.
9. Telephone charges.
10. Record management system
11. Evidence storage
12. (1) support staff and equipment
CALIFORNIA DEPARTMENT OF FORESTRY and FIRE PROTECTION
1. CDF will provide the Task Force approximately 500+ square feet of office space
located in the Fire Prevention Bureau office of the San Bernardino Unit
Headquarters at 3800 North Sierra Way, San Bernardino, Ca 92405. CDF will
not charge the Task Force any rent for the use of this office space. CDF reserves
the right to maintain a portion of this space for its Fire Information and
Volunteers in Prevention functions on an as needed basis.
The Task Force will supply its own office equipment, furnishings, safe, telephone,
radio, and computer equipment and be responsible for its own telephone charges.
5
Force will coordinate the installation of any telephone, radio and computer
equipment with the San Bernardino Unit's Emergency Command Center Chief
(telephone and radio equipment) and Information Technology Section (computer
equipment) to ensure non interference and compatibility with CDF's telephone,
radio, and computer systems. The Task Force will be responsible for any repairs
to CDF's facilities caused by damage resulting from Task Force use. Upon
cancellation of this MOU, any improvements made to CDF facilities, not removed
by the Task Force, will become the property of CDF.
2. When available, CDF training and meeting rooms may be scheduled for use by
the Task Force, on an as needed basis. The San Bernardino Unit's Training
Section will serve as the contact point to reserve the additional rooms. CDF
reserves the right to cancel the Task Force's scheduled use of these rooms when
necessary to carry out CDF's emergency missions. CDF will make every effort to
provide as much notice as possible to the Task Force of any such cancellation.
3. CDF will provide parking, on a space available basis, to Task Force staff and
members. Parking will be in the headquarters' main parking lot. The Task Force
will have access to the Emergency Command Center (ECC) parking lot, as
needed, for loading and unloading. CDF exercise and break facilities will be
available to Task Force staff.
4. (I) CDF Peace Officer (Fire Captain Specialist) will be assigned as the liaison
between the Task Force and the San Bernardino CDF Unit.
CALIFORNIA HIGHWAY PATROL - INLAND DIVISION
I. (I) Officer will be assigned to the Task Force.
2. (I) One radio equipped undercover police vehicle including cost of operation.
3. Standard compliment of investigation and safety equipment.
RIVERSIDE COUNTY PROBATION DEPARTMENT
I. (1) Probation Officer will be assigned as the liaison (50%) between the Task
Force and the Riverside County Probation Department.
2. (I) one radio equipped undercover police vehicle including cost of operation.
3. Standard compliment of investigative and safety equipment.
SAN BERNARDINO POLICE DEPARTMENT
I. (I) Officer will be assigned to the Task Force.
2. (I) One radio equipped undercover police vehicle including cost of operation.
3. Standard compliment of investigative and safety equipment.
XI. FACILITIES, EQUIPMENT & PROPERTY
When the number of law enforcement personnel from participating agencies drops permanently
below four, FD mav terminate MOU.
6
below four, FD may terminate MOD.
Any and all property, including equipment, furniture, furnishings of whatever kind or
description, purchased or acquired with participating agency funds shall be the property of the
participating agency and at the termination of this agreement, whereupon no new agreement is
reached, all said property shall be returned to the participating agency.
Any equipment purchased with task force or grant funds which is damaged, broken, misplaced,
lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned
to the CAPP IETF, shall be repaired or replaced by the agency of the responsible employee at the
determination of the Task Force Commander.
With respect to the facilities, a determination will be made as to the source of funds to pay for
the following items and added as an addendum to this MOD:
XII. PROGRAM ACTIVITIES
Program activities include identification and arrest of Armed Prohibited Person(s); operation of
undercover and reverse sting, buylbust investigations and undercover buy programs for firearms
and other dangerous weapons; and to share information with other violent crime enforcement
units, groups and task forces.
XIII. ADMINISTRATION AND AUDIT
In no event shall the member agencies charge any indirect costs to DOJ for administration or
implementation of this agreement during the term thereof. Any and all records pertaining to the
Task Force expenditures shall be readily available for examination and audit by FD or any other
participating agency. In addition, all such records and reports shall be maintained until audits
and examinations are completed and resolved, or for a period of (3) three years after termination
of the agreement, whichever is sooner.
XIV. INSPECTION PROCESS
It is the policy of FD to maintain an administrative inspection program. The Task Force will
comply with the inspection program.
XV. NONDISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all
requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR,
Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds
ofrace, color, creed, sex, age or national origin and equal employment opportunities.
XVI. RESPECTIVE RESPONSIBILITIES
For the purpose of indemnification, each participating agency of the CAPP IETF shall be
responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of
the services and activities of those officers while participating in the CAPP IETF. Personnel
7
assigned to the CAPP IETF shall be deemed to be continuing under the employment of their
jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities
as are conferred upon them as peace officers in their own jurisdictions.
Each participating agency reserves its right to conduct its own internal investigation of any
"Officer Involved Shooting" or any other critical incident involving their own personnel.
XVII. POLICY AND PROCEDURE MANUAL
It is agreed that all members of the task force shall abide by the standardized policies and
procedures as expressed in the CAPP IETF manual; in addition to the unit specific language
which addresses the specific needs, objectives and goals of the Task Force.
XVIII. TERM OF AGREEMENT
The term of this agreement shall be from January 1, 2006 through January 31,2007. The term of
this agreement may be terminated by notice in writing to the Task Force Council Chairperson
within thirty (30) days thereof. An extension of this MOD will be granted pursuant to the signed
agreement of the Task Force Council. The CAPP IETF will only be responsible for financial
obligations incurred by task force participating agencies during the term of this agreement.
8
.
XIX. AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated below. This MOU will become effective upon receipt by the FD
headquarters of the original MOU with all attachments. All future amendments must be
forwarded to headquarters and will become effective upon receipt.
~-. ~~
r.... .;/7
C/ __~~'1.. Juan Carlos Solano
SIGNATURIt" PRINTED
NAME
./
Special Al!ent In Charl!e
TITLE
Firearms Division
AGENCY NAME
I / !. /
DATE j/J5)Ob
9
AUTHORIZA nON
The participating agencies, by their duly authorized officials, have executed this MOU on the respective
dates indicated below. This MOU will become effective upon receipt by the FD headquarters of the original
MOU with all attachments. All future amendments must be forwarded to headquarters and will become
effective upon receipt.
/u...v, I~
SIGNATURE
Tim Turner
PRINTED NAME
Interim Unit Chief
TITLE
CDF, San Bernardino
AGENCY NAME
~-/It /O&J
DATE
10
AUTHORIZA nON
The participating agencies, by their duly authorized officials, have executed this MOU on the respective
dates indicated below. This MOU will become effective upon receipt by the FD headquarters of the original
MOU with all attachments. All future amendments must be forwarded to headquarters and will become
effective upon receipt.
"/7' {(&~
SIGNATURE
Michael Williams
PRINTED NAME
Assistant Chief
TITLE
California Hil!:hwav Patrol - Inland Division
AGENCY NAME
s/y6J(j 6
DATE
11
AUTHORIZA nON
The participating agencies, by their duly authorized officials, have executed this MOU on the respective
dates indicated below. This MOU will become effective upon receipt by the FD headquarters of the original
MOU with all attachments. All future amendments must be forwarded to headquarters and will become
effective upoIlJreceipt.
". /
. I
" /), IC)lf~
SIGNATURE
Director
TITLE
S-/~b
DATE/ I
/.
&~oL
S. Lane Cash
PRINTED NAME
Riverside County Probation Department
AGENCY NAME
13
AUTHORIZA nON
The participating agencies, by their duly authorized officials, have executed this MOU on the respective
dates indicated below. This MOU will become effective upon receipt by the FD headquarters of the
original MOU with all attachments. All future amendments must be forwarded to headquarters and will
become effective upon receipt.
l1utuLJIi41(~r
Michael A. Billdt
PRINTED
SIGNATURE
NAME
Chief of Police
San Bernardino Police Department
TITLE
AGENCY NAME
DATE April 17, 2006
12