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Home My WebLink About2007-088 1 2 3 4 5 6 7 8 RESOLUTION NO. 2007-88 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: 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 11 Narcotic Enforcement to participate in the Gang Suppression Task Force (GSET), copy of which is attached hereto, marked Exhibit "A" and incorporated herein by the reference as fully 12 13 14 15 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 ofthe passage of this Resolution. 17 III 18 III 19 III 20 21 22 III 23 III 24 III 25 III III 26 III 27 28 III 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 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). 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 regula,meeting thereof, held onthe 19th day of March Council Members: AYES ESTRADA X BAXTER x BRINKER X DERRY ~ KELLEY x JOHNSON X MCCAMMACK X ,2007, by the following vote, to wit: NAYS ABSTAIN ABSENT ~ll...t /.:J. ~ ~ Rae el G. Clark, City Clerk The foregoing resolution is hereby approved this d.O -a! day of March ,2007. Approved as to Form: 2007-88 , Exh', bl-r\W' BwhlE tO~li BUREAU OF NARCOTIC ENFORCEMENT GANG SUPPRESSION ENFORCEMENT TEAM REGIONAL OFFICE: RIVERSIDE MEMORANDUM OF AGREEMENT ARTICLE I This agreement is made this 14th 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. 1 2007-88 , . 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 disroption 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 m 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 of legally 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 2 2007-88 I 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: 3 Fedor Ma From: Sent: To: Subject: Sandoval Su wednesday, May 02,200710:25 AM Fedor_Ma RE: Happy Friday Hi Margaret, Sorry I didn't get back to you on this one sooner. There were some questions about it. What happened is that it was approved at Council on 3/19 and sent for signatures. However, BNE made some amendments to the original contract and it now has to go back to Council (was scheduled for Monday). It was pulled from today's agenda briefing and will be sent back to Council on the 21s', as the City Attorney's office wants BNE to make some corrections on the contract. Susie = ) -----Original Message----- From: Fedor_Ma Sent: Friday, April 27, 2007 3:57 PM To: SandovaLSu Subject: Happy Friday Hi Susie, I know this is a few weeks off yet but I figured I'd ask in advance............ At the Mayor and Common Council meeting of March 19, 2007, the City of San Bernardino adopted Resolution No. 2007-88- 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). The agreement which goes with the listed resolution is suppose to be returned to us by May 18, 2007. When you have a minute can you check to make sure this has been completed? Thanks Margaret (ext 3206) p.s. Hope life is treating you well! Have a great weekend! 1