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Home My WebLink About31-Police Department e tit e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: 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). Dept: Police Date: April 18, 2007 MCC Date: June 18,2007 Synopsis of Previous Council Action: 3-19-07 Resolution #2007-88 approved; however, BNE added "Indemnification" and "Non-Discrimination" clauses after Council approval was given. Recommended Motion: Adopt Resolution. ~~j-'L/~.f,h- MICHAEL A. BILLDT, Chief of Police Contact person: r~rt~ln <<;;:tp."p lClpttpnhprg phnnp.. 'U~4."~()h Supporting data attached: Ward: All Ye< FUNDING REQUIREMENTS: Amount: None Source: (Ace!. No.) ( A f"("t np.~{"r1rtlnn) Finance: Council Notes: Agenda Item No. 31_ CI/lt/OJ e e e 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 the department 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, Le., 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. ADDITION: The Common Council recently approved the MOO. However, BNE recently added two paragraphs after approval; an "Indemnification" and "Non-Discrimination" clause. These do not affect the goal or mission of the Task Force. e e e 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 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. 1 _ 2 3 4 5 6 7 8 9 10 11 12 13 _14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 _ RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE EXECUTION OF AN MEMORANDUM 0 AGREEMENT WITH THE BUREAU OF NARCOTIC ENFORCEMENT (BNE) AN THE SAN BERNARDINO POLICE DEPARTMENT FOR PARTICIPATION IN TH GANG SUPPRESSION ENFORCEMENT TEAM (GSET). SECTION I. The City Manager is hereby authorized to execute on behalf of the Ci BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF TH CITY OF SAN BERNARDINO AS FOLLOWS: the Memorandum of Agreement between the City of San Bernardino Police Department and th Bureau of Narcotic Enforcement to participate in the Gang Suppression Task Force (GSET) copy of which is attached hereto, marked Exhibit A, and incorporated herein by reference. SECTION 2. The authorization to execute the above referenced agreement is rescinde ifit is not executed within sixty (60) days of the passage of this resolution. BCL:S:\Council\GSET RES02 4.18.07.doc 7 on the day of 8 Council Members: AYES 9 ESTRADA 10 BAXTER II BRINKER 12 DERRY 13 KELLEY e 14 JOHNSON lS MCCAMMACK 16 e 22 23 24 2S e 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM 0 AGREEMENT BETWEEN THE BUREAU OF NARCOTIC ENFORCEMENT (BNE AND THE SAN BERNARDINO POLICE DEPARTMENT FOR PARTICIPATION I THE GANG SUPPRESSION ENFORCEMENT TEAM (GSET). 2 3 4 S I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 6 Common Council of the City of San Bernardino at a meeting thereof, hel , 2007, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 17 The forgoing Resolution is hereby approved this _ day of ,2007. 18 19 20 Patrick J. Morris, Mayor City of San Bernardino 21 Approved as to Form: .Ie BCL:S:\Council\GSET RES02 4.18.07.doc e e e EXHIBIT A BNE BUREAU OF NARCOTIC ENFORCEMENT GANG SUPPRESSION ENFORCEMENT TEAM REGIONAL OFFICE: RIVERSIDE MEMORANDUM OF AGREEMENT ARTICLE I This agreement is made this 20th day of March, 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 OPERA nON OF THE GSET TASK FORCE The GSET task force will commence on March 20, 2007, and remain in operation for an estimated six months, at which time an assessment phase will determine the efficacy ofthe 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. 1 e tit e 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 evidence/information, 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 11 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. INDEMNIFICATION CLAUSE for the purpose of indemnification, BNE/GSET shall be responsible for the acts of its participation officer( s) and shall incur any liabilities arising out of the services and activities of those officers while participating in the GSET Task Force. Personnel assigned to the GSET Task Force shall be deemed to be continuing under the employment of their jurisdictions and shall have the same power, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions. NON-DISCRIMINATION CLAUSE All participating agencies will comply with Title IV of the Civil Rights Act of 1964 and all requirements imposed or pursuant tot he regulations of the U.S. Department of Justice (CFR, Part 42, Subparts C and D) issued pursuantto Title VI relating to discrimination on the groun4s of race, color, creed, sex, age or national origin and equal employment opportunities. 2 . . . ARTICLE III PRESS RELATIONS The BNE shall be responsible for issuing press statements and releases describing the activities of the GSET Task Force. Appropriate information shall remain confidential in order to protect the rights of individuals, to avoid interfering with investigations, and/or to avoid disclosure oflegally 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 results in a use offorce, shall adhere to the reporting policies of his or her agency. The 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 March 20,2007, through the duration of the GSET Task Force. For the Bureau of Narcotic Enforcement By: Special Agent In Charge Gary Hudson Date: For the City of San Bernardino By: City Manager Date: 3 e e e BNE BUREAU OF NARCOTIC ENFORCEMENT GANG SUPPRESSION ENFORCEMENT TEAM REGIONAL OFFICE: RIVERSIDE MEMORANDUM OF AGREEMENT ARTICLE I This agreement is made this 20th day of March 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 (i.e. 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 n OPERATION OF TIlE GSET TASK FORCE The GSET task force will commence on March 20, 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. I e e e ~ , 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 evidence/information, investigative equipment, training, and other support items as approved by the BNE's Special Agent-In1Charge 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. INDEMNIFICATION CLAUSE For the purpose of indemnification, BNE/GSET shall be responsible for the acts of its participation officer(s) and shall incur any liabilities arising out of the services and activities of those officers while participating in the GSET Task Force. Personnel assigned to the GSET Task Force shall be deemed to be continuing under the employment of their jurisdictions and shall have the same power, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions. NON-DISCRIMINATION CLAUSE All participating agencies will comply with Title IV of the Civil Rights Act of 1964 and all requirements imposed or pursuant tot he 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. 2 e e e ARTICLE ill PRESS RELATIONS The BNE shall be responsible for issuing press statements and releases describing the activities of the GSET Task Force. Appropriate information shall remain confidential in order to protect the rights of individuals, to avoid interfering with investigations, and/or to avoid disclosure oflegally 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 results in a use offorce, shall adhere to the reporting policies of his or her agency. The 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 March 20,2007, through the duration of the GSET Task Force. For the Bureau of Narcotic Enforcement By: Date: Special Agent In Charge Gary Hudson For the City of San Bernardino By: City Manager Date: APPROVED AS TO FORM: James F. PenmaD, City Allorney 3 By: t- 1</~ (j