The URL can be used to link to this page

Home My WebLink About2007-198 1 RESOLUTION NO. 2007-198 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). 2 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TH CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is hereby authorized to execute on behalf of the Ci 8 the Memorandum of Agreement between the City of San Bernardino Police Department and th 9 Bureau of Narcotic Enforcement to participate in the Gang Suppression Task Force (GSET) 10 copy of which is attached hereto, marked Exhibit A, and incorporated herein by reference. 11 SECTION 2. The authorization to execute the above referenced agreement is rescinde 12 ifit is not executed within sixty (60) days of the passage of this resolution. 13 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 BCL:S:\Council\GSET RES02 4. 18.07.doc 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). 6 Common Council of the City of San Bernardino at a j oint regular meeting thereof, hel 2 3 4 5 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an on the 18th day of June ,2007, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA X 10 BAXTER X BRINKER X 11 DERRY X 12 KELLEY X 13 14 JOHNSON X MCCAMMACK X 15 16 CL. <d it (!/I. ...A. ~l G; Clark, CIty Clerk The forgoing Resolution is hereby approved this ~ day of June, 2007. 17 18 19 ck J. Moms, r I of San Bernardino 20 21 Approved as to Form: 22 23 . .Ie 24 25 BCL:S:\Counc;l\GSET RES02 4. I 8.07.doc City of San Bernardino San Bernardino Police Department Interoffice Memorandum ~t4'/\\AJ ~\~\D~ To: Captain Mitchal Kimball From: Lieutenant Brian Boom ~ Subject: BNE-GSET MOU Date: 09-06-07 Copies: File r:::, ") \'';1 ...... 0 cJ'l. \:~-. -, ,) ,', o The Bureau of Narcotic Enforcemnet - Gang Suppression Enforcement Team wanted to eneter into an agreement with the San Bernardino Police Department. An MOU was drafted and signed by City Manager Fred Wilson on 6-20-07. :,:;~ .' , The BNE-GSET MOU was delivered to BNA Supervisor Orlando Lopez for his signature. The week of September 3rd , 2007 I spoke with Orlando Lopez. Lopez related that due to staffing shotages the GSET Teams were not being deployed to the San Bernardino area. At this time the BNE-GSET MOU has expired and will not be implirnented with the agreement ofBNE. TIlE SBPD IS COMMITIED TO PROVIDING, PROGRESSIVE QUAU1Y POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALI1Y OF LIFE; A REDUCTION IN CRIME TIlROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING 2007-198 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 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 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 2007-198 The BNE will provide the necessary funds, assets and equipment to support the activities ofthe 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 assigmnent, 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 ofJustice (CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities. 2 ~. '-'~:'~"~'1'"<"i"""'-' ;"';if>";;"-'-:-'~".:'~'-'- 2007-198 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 #A City Manager Date: t,/U/07 APPROVED AS TO FORM: James F. Penm.., City Attorney 3 By: J.e- 1-</~ (j