HomeMy WebLinkAbout24-Police Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zinunon, Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the Chief of Police to
execute a Memorandum of Understanding
(MOD) agreement with the California
Highway Patrol, San Bernardino area,
regarding drug investigations originated by the
California Highway Patrol.
Dept: Police Department
Date: March 20, 2003 0 RIG 1 NA L
Synopsis of Previous Council Action
None.
Recommended Motion:
Adopt resolution.
MICHAEL BILLDT, ASSISTANT CHIEF OF POLICE
Contact person:
Captain J enifer Aragon
Phone: 384-5609
Supporting data attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Council Notes:
Finance
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
A resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Chief of Police to execute a memorandum of understanding (MOU) agreement with the
California Highway Patrol, San Bernardino area, regarding drug investigations originated by the
California Highway Patrol.
BACKGROUND
The San Bernardino Police Department has a close working relationship with the local California
Highway Patrol (CHP). In the spirit of that relationship, the Highway Patrol has initiated drug
investigations during the course of their normal duties. Criminal drug activity obviously affects
quality of life issues within the City and these investigations are of great interest to the San
Bernardino Police Department.
This MOU establishes a procedure by which the California Highway Patrol will give the San
Bernardino Police Department the opportunity to handle the drug investigations originated by the
CHP. This agreement secures the opportunity for additional asset forfeiture revenue. Because of
inconsistencies in the frequency and circumstances of narcotic-related stops, it is not possible to
project a dollar amount in revenue. It could be as little as $5,000 or in the tens of thousands in a
given year. The CHP will not normally request more than twenty-five (25) percent of the law
enforcement share of the forfeited assets.
The California Highway Patrol, San Bernardino area, would notify and request on scene
assistance from the San Bernardino Police Department when one or more of the following
circumstances occur:
1. The arrest or preliminary investigation indicates a violation of State law, which
results or could result in an asset seizure pursuant to section 11470 of the Health and
Safety Code (HSC) (i.e. possession for sales, 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. The arrest or preliminary investigation indicates one or more of the following:
a. There is evidence of drug manufacturing.
b. There is evidence that monies seized in excess of $1,000.00 are linked to drug
transactions.
c. The minimum amount of drugs that will trigger a request for assistance from the
San Bernardino Police Department will be:
14.5 grams ( II, an 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 (1 ounce) or more of a substance containing powder cocaine,
methamphetamine or other schedule one or schedule two controlled substance,
except marijuana, peyote, or psilocybin mushrooms. 10 Ibs. or more of dry
weight of marijuana, peyote or psilocybin mushrooms.
d. Any conveyance (vehicle) 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 investigations. Once notified by
the Highway Patrol of a pending narcotic investigation, the San Bernardino Police
Department will be expected to either telephonically decline to respond or accept and
make every attempt to arrive at the scene of the investigation within 30 minutes of
being notified. After making initial appraisal, the San Bernardino Police Department
will decide if they wish continue with the investigation.
FINANCIAL IMPACT
This MOD will not require additional funding from the General Fund as the San Bernardino
Police Department will use existing staffing to respond to requests by the California Highway
Patrol. Asset Forfeiture revenues are projected to increase in relation to the increase in asset
seizures.
RECOMMENDA nON
Adopt resolution.
1
RESOLUTION NO. '
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE
CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING
DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY
PATROL.
3
4
S
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
Section 1. The Mayor and Common Council of the City of San Bernardino authorize
8
the Chief of Police to execute a memorandum of understanding (MOU) with the California
9
Highway Patrol (CHP) regarding drug investigations originated by the California Highway
10
Patrol, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
11
reference as fully as though set forth at length.
12
Section 2. The Mayor and Common Council of the City of San Bernardino authorize
13
the Chief of Police to continue to be a signatory party to this memorandum of understanding
14
(MOU) at each bi-annual renewal unless it contains significant changes.
lS
Section 3. The authorization to execute the above referenced memorandum of
16
understanding is rescinded ifnot signed within one hundred-twenty (120) days of the passage
17
of this resolution.
18
III
19
III
20
III
21
III
22
III
23
III
24
III
2S
III
BCL:S:\Council\CHP asset forfeiture reso.doc
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE
CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING
DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY
PATROL.
2
3
4
5
I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6
and Common Council of the City of San Bernardino at a
meeting thereof,
7
held on the day of
8
Council Members: AYES
9
ESTRADA
10
LONGVILLE
11
MCGINNIS
12
DERRY
13
SUAREZ
14
ANDERSON
15
MCCAMMACK
16
17
,2003, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
CITY CLERK
18
,2003.
The forgoing Resolution is hereby approved this _ day of
19
20
Judith Valles, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23
24
JAMES F. PENMAN,
City Attorney
25
By:
BCL:S:\Council\CHP asset forfeiture reso.doc
MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
This is a Memorandum of Understanding (MOU) between the San Bernardino Police
Department and the California Highway Patrol (CHP) San Bernardino Area regarding drug
investigations originated by the CHP within San Bernardino County.
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 occur:
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 $1000.00.)
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.
Memorandum of Understanding.
Page 2
EXPECTATION
When the signatory agency is notified of drug investigations which meet the aforementioned
criteria, it is the expectation of the CHP the signatory agency will accomplish the following:
1. Either telephonically decline to respond or arrive at the scene or local CHP Area office
within the jurisdiction of the signatory agency within 30 minutes of notification. Upon the
arrival of the signatory agency, they may decline to handle the investigation to its
conclusion. By no means shall the signatory agency be obligated to handle drug
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.
3. Refer non-qualifying state cases to the appropriate federal agency for evaluation and
possible adoption.
CASH SEIZURES
When cash seizures are made by the CHP. the CHP will maintain control of the cash until a
true and accurate count is obtained. If the sum of cash is too large to count at the scene, it
is to be bagged and tagged and retained by the CHP until it can be counted. A
representative from the involved allied agency should be present at the money count.
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 federal adoption by the signatory agency.
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.
Memorandum of Understanding.
Page 3
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 P TIES WHOSE SIGNATURES APPEAR BELOW:
J
Q.--t q-D)
Date
J. E. ZABO, Captain
Calif rnia Highway Patrol- San Bernardino Area
Title
GARRETT W. ZIMMON, Chief of Police
San Bernardino Police Department
Title
Date
1
RESOLUTION NO.
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE
CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING
DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY
PATROL.
2
4
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
Section 1. The Mayor and Common Council of the City of San Bernardino authorize
8
the Chief of Police to execute a memorandum of understanding (MOU) with the California
9
Highway Patrol (CHP) regarding drug investigations originated by the California Highway
10
Patrol, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
11
reference as fully as though set forth at length.
12
Section 2. The Mayor and Common Council of the City of San Bernardino authorize
13
the Chief of Police to continue to be a signatory party to this memorandum of understanding
14
(MOU) at each bi-annual renewal unless it contains significant changes.
15
Section 3. The authorization to execute the above referenced memorandum of
16
understanding is rescinded ifnot signed within one hundred-twenty (120) days of the passage
17
of this resolution.
18
III
19
III
20
III
21
III
22
III
23
III
24
III
25
III
BCLS:\Council\CHP asset forfeiture resQ.doc
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1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE
CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING
DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY
PATROL.
2
3
4
5
I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6
and Common Council of the City of San Bernardino at a
meeting thereof,
7
held on the
8
Council Members:
9
ESTRADA
10
LONGVILLE
11
MCGINNIS
12
DERRY
13
SUAREZ
14
ANDERSON
15
MCCAMMACK
16
17
,2003, by the following vote, to wit:
day of
AYES
NAYS
ABSTAIN
ABSENT
CITY CLERK
18
,2003.
The forgoing Resolution is hereby approved this _ day of
19
20
Judith Valles, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23
24
JAMES F. PENMAN,
City Attorney
25
MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
This is a Memorandum of Understanding (MOU) between the San Bernardino Police Department and the
California Highway Patrol (CHP) San Bernardino Area regarding drug investigations originated by the
CHP within San Bernardino County.
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 occur:
I. 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 $1000.00).
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 ofa 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.
EXPECTATION
When the signatory agency is notified of drug investigations which meet the aforementioned criteria, it is
the expectation of the CHP the signatory agency will accomplish the following:
I. Either telephonically decline to respond or arrive at the scene or local CHP Area office within the
jurisdiction of the signatory agency within 30 minutes of notification. Upon the arrival of the
signatory agency, they may decline to handle the investigation to its conclusion. By no means shall
the signatory agency be obligated to handle drug 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.
3. Refer non-qualifYing state cases to the appropriate federal agency for evaluation and possible
adoption.
CASH SEIZURES
When cash seizures are made by the CHP, the CHP will maintain control of the cash until a true and
accurate count is obtained. If the sum of cash is too large to count at the scene, it is to be bagged and
tagged and retained by the CHP until it can be counted. A representative from the involved allied agency
should be present at the money count.
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 federal adoption by the
signatory agency.
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 that 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.
Each participating agency shall maintain full financial responsibility for their respective employees during
a joint investigation under this agreement. This would include, but is not limited to, acts of misconduct,
vehicle accidents, and industrial injury claims. Additionally, the participating agency shall also be
responsible for any and all workers compensation claims of their respective employee(s).
Neither party to this agreement, it's officers, agents, and employees shall be deemed to have assumed any
liability for the negligence of participating agencies or any of their officers or employees. Participating
agencies and the State of California shall hold each other harmless from liability for acts or omissions of
the other.
Each party to this agreement agrees to defend, indemnity, and hold harmless the other parties to this
agreement in regard to any and all liability imposed on the agreeing parties due to the acts or omissions of
another party's assigned employee(s),
Said sums shall include in the event oflegal action, court costs, expense oflitigation and reasonable
attorneys fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing
-trris"cvOIhod VOl kl,olf1lf1he0ty~shall be considered as "anorney's fees" for purposes of this paragraph.
Likewise, the costs, salary and expenses of the California Highway Patrol's counsel in enforcing this
contract on behalf of the Department of the California Highway Patrol shall be considered as "attorneys'
fees" for purposes of this paragraph.
AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW:
\
'.
(} ~,
J. E. ZABO, Captain
Calif, rnia Highway Patrol - San Bernardino Area
~")-s
Date
GARRETT W. ZIMMON, Chief of Police
San Bernardino Police Department
Title
Date
'"
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 9, 2003
TO:
Captain Jenifer Aragon
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-103
At the Mayor and Common Council meeting of May 5, 2003, the City of San Bernardino
adopted Resolution 2003-103 - Resolution authorizing the Chief of Police to execute a
Memorandum of Understanding (MOU) agreement with the California Highway Patrol, San
Bernardino area, regarding drug investigations originated by the California Highway Patrol.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please retain a copy of the agreement for your files.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by September 2, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: (),5~6v ~~'1 t' (I".pi- (),rY",~j
rj j. Please sign and return
Date: a J(J It' ;
..
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5 ~ s' 03 Item # '2 L\
Vote: Ayes i" " Nays--e>
Change to motion to amend original documents:
'2003-- \03
Absent 4
Resolution #
Abstain U
See Attached: LDate Returned: ,:;- { c:; -~
See Attached:
See Attached:
Reso. # On Attachments: /' Contract term: .-
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: ''5 .. ~. 0 '3
Date of Mayor's Signature: S" ').-O?
Date of Clerk/CDC Signature: r:::; --'"'l.-<:o~~
Date Memo/Letter Sent for Signature:
,') -<1 '-03
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police ,/ Public Services Water
Notes:
NullNoidAfter: l'lo DP-'I~ / '1-Z-03
I
By:
Reso. Log Updated: V
Seallmpressed: ,,/
Yes ,,/ No By
Yes No ,/ By
Yes NOL- By
Yes No ,/ By
Yes No 7 By
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,)
Ready to File: ~
Date:
Revised 01/12/01