HomeMy WebLinkAbout18-Police Department
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OTy OF SAN BERNARDINO - REQUEST FOR COUNOL ACfION
From: Michael A Billdt, Chief of Police
Subject: Resolution of the Mayor and
Common Council of the aty of San
Bernardino authorizing the execution of a
Memorandum of Agreement between the
Bureau of Narcotic Enforcement (BNE) and
the San Bernardino Police Department for
participation in the Gang Suppression
Enforcement Team (GSE1).
MCC Date: March 19, 2007
Dept: Police
Date: February 21, 2007
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
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FRANK 1. MANKIN, ASSISTANT GIIEF OF POUCE
Contact person:
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Phone: ,R4-.c;hnh
Supporting data attached:
Ward: All
Yes
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
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Finance:
Council Note~:
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Agenda Item No. 1K-
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CITY OF SAN BERNARDINO'" REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution ofa Memorandum of Agreement between the Bureau of Narcotic Enforcement (BNE)
and the San Bernardino Police Department for participation in the Gang Suppression
Enforcement Team (GSET).
BACKGROUND:
In October of 2006, the Bureau of Narcotic Enforcement Gang Suppression Enforcement Team
(GSET Task Force) approached the San Bernardino Police Department to see if we wanted to
partner in creating a gang suppression enforcement team.
The objectives of the GSET Task Force are:
. To disrupt violent crimes and illegal activities of a target gang by disrupting and dismantling
their organization.
. The primary focus being on trafficking dangerous drugs, homicides, attempt murder by
violent offenders and/or crimes that are related to gang activity.
This concept dovetails specifically with Mayor Patrick Morris, the City Council and the San
Bernardino Police Department's efforts to dismantle gangs in the City of San Bernardino in a
variety of different methods.
The Western District detective worked cooperatively with the Bureau of Narcotic Enforcement
to put together an initial plan of enforcement. This plan was then presented at the State level and
San Bernardino was selected as a target area for the GSET Task Force.
The GSET Task Force will operate for an estimated six months in the City of San Bernardino,
working cooperatively with the San Bernardino Police Department. The GSET Task Force will
employ a variety of methods to target gangs, i.e., conduct.undercover operations; deploy special
assets such as electronic surveillance and confidential informants.
The GSET Task Force will be comprised of five special agents and one special agent supervisor
from the Bureau of Narcotic Enforcement. The San Bernardino Police Department will assign
six officers to the GSET Task Force for the duration of the operation. Those six officers will be
comprised of one of the two Narcotics teams and the Western District area detective that are
currently in place at the San Bernardino Police Department.
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OPERATIONAL OVERSIGHT:
The special agent in charge will have operational oversight of the task force with input from the
Special Enforcement Bureau Lieutenant and Captain. There will be open communication so that
operational continuity is efficient and effective.
This is an excellent opportunity for the Police Department to leverage its resources with the
GSET Task Force to accomplish our goal of dismantling gangs in the City of San Bernardino.
It is recommended that the Chief of Police Michael A. Billdt be allowed to enter into this short-
term Memorandum of Agreement with the Bureau of Narcotic Enforcement Gang Suppression
Enforcement Team, GSET Task Force.
FINANCIAL IMPACT:
The GSET Task Force will provide funds for the purchase of evidence/information, investigative
equipment, training and other support items approved by the special agent in charge of the
Riverside office. The only costs that will be incurred by the San Bernardino Police Department
will be for the salaries and overtime of their personnel.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
AGREEMENT BETWEEN THE BUREAU OF NARCOTIC ENFORCEMENT (BNE)
AND THE SAN BERNARDINO POLICE DEPARTMENT FOR PARTICIPATION IN
THE GANG SUPPRESSION ENFORCEMENT TEAM (GSET).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
9 authorize the Chief of Police to execute a Memorandum of Agreement with the Bureau of
10 Narcotic Enforcement to participate in the Oang Suppression Task Force (OSET), copy of
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which is attached hereto, marked Exhibit "A" and incorporated herein by the reference as fully
as though set forth at length.
SECTION 2.
Authorization to execute the above referenced Memorandum of
Agreement is null and void if the Memorandum of Agreement is not executed within sixty days
16 of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF AGREEMENT BETWEEN THE BUREAU OF NARCOTIC ENFORCMENT (BNE)
AND THE SAN BERNARDINO POLICE DEPARTMENT FOR PARTICIPATION IN
THE GANG SUPPRESSION ENFORCEMENT TEAM (GSET).
5 I HEREBY 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, held
on the day of
,2007, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of .2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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BUREAU OF NARCOTIC ENFORCEMENT
GANG SUPPRESSION ENFORCEMENT TEAM
REGIONAL OFFICE: RIVERSIDE
MEMORANDUM OF AGREEMENT
ARTICLE I
This agreement is made this 141h day of February, 2007, between the Bureau of Narcotic
Enforcement-Gang Suppression Enforcement Team and San Bernardino Police Department.
Whereas there is evidence of trafficking dangerous drugs, homicides, attempt murder by violent
offenders, and/or crimes enumerated in California Penal Code 186.22, exists in San Bernardino
and that such illegal activity has a substantial and detrimental effect on the health and general
welfare of the people of California, the parties hereto agree to the following:
The creation of a BNE-GSET mobilization with the San Bernardino Police Department,
hereinafter referred to as the "GSET Task Force", which will be comprised ofBNE and San
Bernardino Police Department personnel, and which will perform the following activities:
a) Disrupt violent crimes and illegal activities of said target gang by disrupting and dismantling
their organization.
b) Conduct undercover operations when appropriate.
c) Deploy special assets to augment an investigation (ie. Electronic surveillance, confidential
informants)
d) Engage in traditional methods of investigation to supplant and support future prosecution by
the courts of the State of California.
ARTICLE II
OPERATION OF THE GSET TASK FORCE
The GSET task force will commence on February 14,2007, and remain in operation for an
estimated six months, at which time an assessment phase will determine the efficacy of the task
force initiative. To accomplish the aforementioned objectives, the BNE agrees to assign five
Special Agents and one Special Agent Supervisor to the Task Force. The San Bernardino Police
Department agrees to assign six officers to the GSET Task Force for the duration of the
operation.
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The BNE will provide the necessary funds, assets and equipment to support the activities of the
GSET Task Force, including: funds for the purchase of evidencelinfonnation, investigative
equipment, training, and other support items as approved by the BNE's Special Agent-In-Charge
of the Riverside Office. Salaries and overtime for personnel assigned to the GSET Task Force
will be paid by their respective home agency.
During their assignment, personnel assigned to the GSET Task Force will be under the direct
supervision of a BNE Supervisor. Agents and officers from their respective agencies will follow
their polices, procedures and guidelines, including those relating to conduct, State and City
property, evidence handling, use of firearms, informants, technical equipment, official funds,
official vehicles, arrest, search and seizure. BNE report forms and file numbers shall be used for
record keeping purposes. Situations requiring additional reporting may be documented on the
local agency report protocol.
BNE agents and task force officers/civilian staff of the San Bernardino Police Department shall
remain subject to their respective agency's policies, rules, procedures and regulations; a failure to
follow respective policies and procedures may be ground for dismissal from the task force.
Any conflict not resolved by supervisors of the BNE and San Bernardino Police Department shall
be resolved by the Special Agent-In-Charge and the Chief of Police.
Directive Control Chain: BNE-GSET's operational command will be the final, non-
partisan arbitrator for tactical decisions, investigative command, investigative direction and
administrative operations of this GSET Task Force operation.
Any significant disruption and violation of Article II may result in financial reimbursement for
investigative costs, technical fees and other expenditures being levied on the violating party and
possible cessation of the taskforce operation.
ARTICLE ill
PRESS RELATIONS
The BNE sha1I be responsible for issuing press statements and releases describing the activities of the
GSET Task Force. Appropriate infonnation shall remain confidential in order to protect the rights
of individuals, to avoid interfering with investigations, and/or to avoid disclosure oflega1ly privileged
information.
ARTICLE IV
CRITICAL INCIDENTS
Any BNE or San Bernardino personnel assigned to the GSET Task Force, who is involved in an
incident which resuhs in a use of force, shall adhere to the reporting policies of his or her agency. The
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highest ranking officer on scene of a critical incident by GSET Task Force members will take charge
of the incident.
ARTICLE V
DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS
Any assets seized pursuant to the operation of the GSET Task Force shall be divided, in an equitable
manner, between the BNE and the San Bernardino Police Department.
ARTICLE VI
The term of this agreement shall remain valid from February 14, 2007, through the duration of the
GSET Task Force.
For the Bureau of Narcotic Enforcement
By: Date:
Special Agent In Charge Gary Hudson
For the San Bernardino Police Department
By:
Chief of Police
Date:
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