HomeMy WebLinkAbout20-Police Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zimmon, Chief of Police
Date:
June 3, 2002 0 r ,,*> " , · L
i , . ...' I I . 1-\
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of an
amendment to the memorandum of
understanding (MOU) with the San
Bernardino County Auto Theft Task Force
(SANCATI).
Dept: Police Department
Synopsis of Previous Council Action
Resolution #96-21 adopted on January 22,1996.
Recommended Motion:
Adopt resolution.
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/ Lu Lf0i~
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:
Finance
Council Notes:
~df:J Oo?- -/~d-
Agenda Item No...aD..-
fD J 11 }Da-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the Mayor and Conunon Council of the City of San Bernardino authorizing the
execution of an amendment to the Memorandum of Understanding (MOU) with the San
Bernardino Auto Theft Task Force (SANCATT).
BACKGROUND
On January 22, 1996, the City Council ratified Resolution #96-21 authorizing the execution of a
Memorandum of Understanding (MOV) with the San Bernardino County Auto Theft Task Force
(SANCATT). That MOU outlined the operating agreement between the participating
organizations.
The following proposed change adds a Department of Insurance representative to the table of
organization. This added position will facilitate the tracing of vehicle owner information on
stolen/recovered vehicles and vehicle parts. The proposed changes are as follows:
A. Executive Conunittee
The Executive Conunittee shall be comprised of six members of the San
Bernardino County Chiefs of Police and Sheriff's Association or their designees,
and a representative from the California Department of Motor Vehicles. The
Executive Conunittee will consist of the Sheriff of San Bernardino County, the
Inland Division CHP Conunander, the San Bernardino County District Attorney,
the Department of Motor Vehicles Inland Area Conunander, and the Police Chiefs
of Fontana, RiaIto and San Bernardino. The District Attorney and Department of
Insurance representative will sit on the conunittee as non-voting members.
E. Investigators
The task force shall be staffed by qualified investigators reconunended for assignment by
the participating agencies. The task force will be composed of personnel from the
following agencies:
. California Highway Patrol (CHP) - 1 Lieutenant 2 Investigators
. San Bernardino Police Department - 1 Sergeant 2 Investigators
. San Bernardino County Sheriffs Department -1 Investigator
. RiaIto Police Department - 1 Investigator
. Fontana Police Department - 1 Investigator
. California Department of Motor Vehicles (DMV) - 1 Investigator
. National Insurance Crime Bureau (NICB) - 1 Special Agent
. Department of Insurance (DOl) -1 Investigator
Assignment to the task force will be for a minimum of two years. Due to the critical
nature of the position, personnel recommended to the task force will be subject to
selection interviews by the Task Force Coordinator and Supervisor. Consideration for
placement on the task force is given based on past job performance, investigative
experience, and the ability to work with others in a close, team relationship.
Add Department ofInsurance as Support Staff
H. Department of Insurance
One full time DOl Investigator will be assigned to the task force as an investigator. All
salary, benefits, overtime, per diem, business expenses, and vehicle expenses for this
team member will be paid by DOl and not reimbursed by the task force fund. A vehicle
will also be provided by DOl.
Add Department ofInsurance to Section IV, FISCAL PROCEDURES
B. Salaries and Benefits
The Task Force Coordinator, personnel from the National Insurance Crime Bureau,
Department of Insurance, the California Highway Patrol, and the California Department
of Motor Vehicles will not be reimbursed by the task force fund for salary and benefits.
The salary and benefits of all remaining task force members will be reimbursed to the
participating departments by the task force fund. The percentage at which participating
agencies are reimbursed for personnel salaries and benefits will be determined by the
Executive Committee. Approved overtime, per diem and business related expenses will
be fully reimbursed for all task force personnel (excluding Department of Insurance
investigator) by the task force fund. Those personnel assigned to the task force on a
reimbursable basis will be paid through the payroll section of their parent agency.
Reimbursement will then be provided to the parent agency by the task force fund. It shall
be the responsibility of the Task Force Coordinator to institute a system of checks and
balances whereby the hours of each participant will be authorized and audited for
accuracy. This information will be reported to the agencies' appropriate time keeper,
with a copy submitted to the San Bernardino County Sheriffs Department accountant.
The Task Force Coordinator will also retain a copy of this record.
Members assigned to the task force whose salaries are reimbursed by the task force fund
shall be on full time assignment to the task force. Administrative processing costs to
determine payroll by participating agencies will not be reimbursed.
Revise Section XIV, SIGNATURES
Update current commanders and add signature blocks for Michael Ingram, Department of
Insurance.
FINANCIAL IMPACT
None to the City's General Fund or Police Department budget.
RECOMMENDATIONS
Adopt Resolution.
Attachments
May-23-02 OB:39A City Cl~rks OTTic~
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P.02
CITY OF SAN IlRRNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) I'll.OGRAM
DATE:
Fehruary 13, 199&
TO:
All Clients
FROM:
CiTY Clerk's Office
RE:
SCANNING DOCUMENT I'ROBI_EM NOTICE
------..,-----------------. ----_.-------- "."-.--------------. .._---------~-----_. ..-.---------------~~-..-----------------------... "--------------.-...
MAYOR AND COMMON COUNCIL
Meering Dale: OllZ2/1996
Resollllion #: Rl.'S 96.21
Irem #: #24
Ordinance #:
Description: Resolution authorizinll the execution uf an agreement witb California lIigllway Patml, San Bernardino
Sherin"s Department, Riallo l'tllice Department, Redlands Police Department, Upland Police l>epartlneut, and Ontario
Police Department to porticipate in the San Bernardino County Vehicle Theft Task I'orce.
NOTlCR OF:
A. Mi..~ine Doeumenl:
I. E~hihiI/AlIachmenL:
2. Public Wurks/Engineering
Bound ConlraCl:
3,
Slaff Repon:
x.
n. Bod Oualitv Ori!!inal:
C. lIand Written orleillal:
U. Ot'dinance. Lel!8J Advertisenlent
Proof of Puhlication Bad Ollalitv:
E. qrdinan<<,. Nu Staff Repurt:
FOR ASSI~-rANCF.: Should yo" halit! an.y que."iol1s on rhi." mt/llet. please do nol he.silale 10 ""nll/cI ,irher Deputy eilY Clerk
Meltlllle Miller at Admil,ij'/ralive Opera1i(JnS SlIpervi.fIJt Salwra Medina al (909) .~84-5(X)2.
Rachel Clark
City Clerk
RC:malll
May-2~-02 OB:39A c;ty Clerks Off;ce
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P.03
CITY OF SAN BGRNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFfICE
RECORDS & INfORMATION MANAGEMENT (RIM) PROGRAM
DATE:
FcbrualY 13, 1998
TO:
All Client'
FROM:
City Clerk's Office
Rc:
SCANNING DOCUMENT PROBLEM NOTICE
____ _ __. ___________ ..__ ______ _____" ._ ________4.----------... _ ________._._ ___________ _ -. .----- _______M -..------------ --.... -- --------------- ,. - -----------
MA YOK AND coMMON COUNCIL
MeeLing J)ate: 01l081199~
Re,olLllion II:
!Lem II: IIl~
Ordinancell:
Description: I~esolution autltorizing tlte execution of an agreement with the California Highway Patrol, San Bernardino
Sheriffs Department, RiaIto P"liee Department, Redlands Pnlice Department, Upbmd Poliee Department, and Ontario
Police Oepal1ment to participate in tlte San Bernardino County Vehicle Then Task Fore.,
NOTICE OF:
A, Missin!!. llocument:
l.
Exhibit/ Altachment:
2. Public Works/Engineering
Bound Contract:
3. Staff Repon: X
B. Bad Qualitv Oriainal:
C. Hand Written Orielnal:
II. Ordinance - Lel!aJ Ad\lertisement
Pmof of Publication Bad OualitXi
I!:. Ordinance - No Starr Reoolt:
FOR ASSISTANCE: should you have any ques/irlns Oil/hi.' maileI', p/mse do nol he.d/ole 10 ,.-on/oc/ eirher /kpllty City Clerk
Me/Ollie Miller or A,/minislrflliY<' Opera/ions SICperllisor Sandra Medilla a/ (909) 384.5002.
'Rachel Clark
City Clerk
RC:mam
f-
RESOLUTION NO.
(('::'0 r;=" \I f
\!...F; \\_j' ,j ,'j
U U
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
"-- SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN
BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT).
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2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AS FOLLOWS:
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Section 1. The Mayor and Common Council of the City of San Bernardino authorize th
Mayor to execute an amendment to the agreement between the City of San Bernardino Polic
Department and San Bernardino County Auto Theft Task Force (SANCATT).
Section 2. The authorization to execute the above referenced amendment is rescinded if
not issued within one hundred-twenty (120) days of the passage of this resolution.
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BCLS:\Council\SANCA TT Amend Reso.doc
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN
BERNARDINO COUNTY AUTO THEFT TASK FORCE (SANCATT).
1
2 I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3 Common Council of the City of San Bernardino at a
meeting thereof, held
4 on the day of
5 Council Members: AYES
6 ESTRADA
7 LIEN
8 MCGINNIS
9 DERRY
10 SUAREZ
",-. 11 ANDERSON
12 MCCAMMACK
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, 2002, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
Rachel G. Clark, CITY CLERK
The forgoing resolution is hereby approved this _ day of
,2002.
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19 Approved as to
form and legal content:
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JAMES F. PENMAN,
21 City Attorney
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Judith Valles, Mayor
City of San Bernardino
.~
THIRD AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
FOR THE
SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE
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Whereas, on June 1, 2002, the third amendment to the Memorandum of Understanding for
the San Bernardino County Auto Theft Task Force was revised to reflect the addition of the
Department of Insurance (DOl) as a new agency to the Task Force and to revise the
signature block of Executive Members.
Revise Section III, TASK FORCE ORGANIZATION
A. Executive Committee
The Executive Committee shall be comprised of six members of the San Bernardino
County Chiefs of Police and Sheriff's Association or their designees, and a
representative from the California Department of Motor Vehicles. The Executive
Committee will consist of the Sheriff of San Bernardino County, the Inland Division
CHP Commander, the San Bernardino County District Attorney, the Department of
Motor Vehicles Inland Area Commander, and the Police Chiefs of Fontana, Rialto and
San Bernardino. The District Attorney and Department of Insurance
representative will sit on the committee as non-voting members.
"'-
E.
Ilwestigators
The task force shall be staffed by qualified investigators recommended for
assignment by the participating agencies. The task force will be composed of
personnel from the following agencies:
. California Highway Patrol (CHP) - 1 Lieutenant 2 Investigators
. San Bernardino Police Department - 1 Sergeant 2 Investigators
. San Bernardino County Sheriff's Department - 1 Investigator
. Rialto Police Department - 1 Investigator
. Fontana Police Department - 1 Investigator
. California Department of Motor Vehicles (DMV) - 1 Investigator
. National Insurance Crime Bureau (NICB) - 1 Special Agent
. Department of Insurance (DaI) -1 Investigator
,'-
Assignment to the task force will be for a minimum of two years. Due to the critical
nature of the position, personnel recommended to the task force will be subject to
selection interviews by the Task Force Coordinator and Supervisor. Consideration
for placement on the task force is given based on past job performance,
investigative experience, and the ability to work with others in a close, team
relationship.
'--
mou.amend-3.doc
MOU Amendment 3
Page 2 of 3
June 1. 2002
- Add Department of Insurance as Support Staff .
'--
H.
Department of Insurance
One full time DOI Investigator will be assigned to the task force as an
investigator. All salary, benefits, overtime, per diem, business expenses,
and vehicle expenses for this team member will be paid by DOI and not
reimbursed by the task force fund. A vehicle will also be provided by DOI.
Add Department of Insurance to Section IV, FISCAL PROCEDURES
"-
B. Salaries and Benefits
The Task Force Coordinator, personnel from the National Insurance Crime Bureau,
Department of Insurance, the California Highway Patrol, and the California
Department of Motor Vehicles will not be reimbursed by the task force fund for
salary and benefits. The salary and benefits of all remaining task force members will
be reimbursed to the participating departments by the task force fund. The
percentage at which participating agencies are reimbursed for personnel salaries and
benefits will be determined by the Executive Committee. Approved overtime, per
diem and business related expenses will be fully reimbursed for all task force
personnel (excluding Department of Insurance investigator) by the task force
fund. Those personnel assigned to the task force on a reimbursable basis will be
paid through the payroll section of their parent agency. Reimbursement will then be
provided to the parent agency by the task force fund. It shall be the responsibility
of the Task Force Coordinator to institute a system of checks and balances whereby
the hours of each participant will be authorized and audited for accuracy. This
information will be reported to the agencies' appropriate time keeper, with a copy
submitted to the San Bernardino County Sheriff's Department accountant. The Task
Force Coordinator will also retain a copy of this record.
Members assigned to the task force whose salaries are reimbursed by the task force
fund shall be on full time assignment to the task force. Administrative processing
costs to determine payroll by participating agencies will not be reimbursed.
Revise Section XIV, SIGNATURES
Update current commanders and add signature blocks for Michael Ingram, Department of
Insurance.
XIV. SIGNATURES
.-
The undersigned state that they represent and have the authority to execute this
Agreement on behalf of their respective agencies and, in signing this agreement,
concur with and support the San Bernardino County Auto Theft Task Force as set
forth in this Agreement and for the period and purposes as stated herein.
,
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mou.amend-2.doc
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MOU Amendment 3
Page 3 of 3
June 1, 2002
Frank Scialdone,
Chief of Police, City of Fontana
Date
John Fogerty,
Chief, California Highway Patrol
Date
Gary Penrod,
Sheriff, County of San Bernardino
Date
Michael Meyers,
Chief of Police, City of Rialto
Date
Date
Garrett Zimmon,
Chief of Police, City of San Bernardino
Date
Gary Kiesewetter,
Inland Area Commander
California Department of Motor Vehicles
Date
Michael Ingram,
Chief Investigator
Department of Insurance
mou.amend-2.doc
May-2~-02 OB:39A City Clerks Office
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RESOLUTION #NO
96-21
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL,
SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT,
REDLANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND
ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO
COUNTY VEHICLE THEFT TASK FORCE.
BE IT RESOLVED by the Mayor and Common Council of the City
of San Bernardino as follows:
SECTION I:
The Chief of Police of the City of San
Bernardino is hereby authorized and directed to execute on
behalf of said City an agreement with the California Highway
Patrol, San Bernardino Sheriff's Department, Rialto, Redlands,
Upland, and Ontario Police Departments to participate in a
multi-agency vehicle theft task force known as the San
Bernardino County Vehi.cle Theft Task Force.
The mission of the task force is to reduce the incidents of
vehicle thefts and carjackings and increase the apprehension of
the professional vehicle thief. This county-wide vehicle theft
task force would be able to interface with federal, state,
county,
and local police agencies sharing intelligence
information relating to vehicle thefts.
The task force would
identify professional thieves participating in vehicle
stripping, renumbering of stolen vehicle parts for resale,
exportation of stolen vehicles, and carjackings. A copy of the
proposed Memorandum of Understanding is attached hereto, marked
Exhibit A and incorporated herein by reference as fully set
forth at length.
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May-23-02 OB:39A City Clerks Office
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!)6-21
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL,
SAN BERNARDINO SHERIFF'S DEPARTMENT, RIALTO POLICE DEPARTMENT,
RED LANDS POLICE DEPARTMENT, UPLAND POLICE DEPARTMENT, AND
ONTARIO POLICE DEPARTMENT TO PARTICIPATE IN THE SAN BERNARDINO
COUNTY VEHICLE THEFT TASK FORCE.
SECTION II:
The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within 120 days of passage of this
resolution.
COUNCILMEMBERS
AYES NAYS ABSTAIN ABSEN'r
x
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X
x
--
x
-----, -
x
--- ---
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
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MILLER
x
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I . J.. . t, '1...../'"
., ~ :"''':.'''''-l~. ,l,.." "_~' '.. ",':.." '--
'City Clerk
,
:;''''1,( f
The foregoing resolution is hereby approved on the ,~,.:,', day 0
January
, 1995.
i;
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. ,::', ,:-"')"1 l ,/ ;", I J ,: "
Mayor 1'om Minor
Approved as to form
and legal content:
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"1'1,1"" ,
James r'. Penman
25 ,. City Attorney
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May-23-02 OB:40A City Clerks Office
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P.06
96-21
Confidential ~ Confidential Fund
oC County oC San Bernardino lpg. 8)
MEMORANDUM OF UNDERSTANDING
SAN BERNARDINO COUNTY AUTO THEFT TASK FORCE
December 1,1995
CONFIDENTIAL.
... ..
.... ....
I. OVERVIEW
Vehicle theft has become the most costlY of all property crimes. and is
an American epidemic. It impacts over four million Americans each
year at a cost exceeding $10 billion. This represents almost half (48%)
of the dollar loss of all crimes combined. California led the nation in
1994 with approximately 300,000 vehicle thefts. 40,000 of which were
never recovered. During this same year in San Bernardino County, a
total of 20.311 vehicles were stolen at a cost to the citizens of almost
$122 million. While vehicle thefts decreased statewide in 1994 by
4.4%, in San Bernardino County during the same time period they
increased by 10.1 %. In an effort to combat this growing crime
problem, and to address mounting public concem, the California
Legislature passed into law Sena[e Bill 2139 (Vehicle Code Section
9250.14). As stated. this bill authorizes the County Board of
Supervisors to impose a $1 fee on all vehicles registered in the
County at the time of registration renewal, to enhance the capacity of
local police and prosecutors to deter, investigate. and prosecute
vehicle theft crimes.
In May of 1995, the San Bernardino County Board of Supervisors
adopted a resolution pursuant to Vehicle Code Section 9250.14
specifically to fund a multi-jurisdictional vehicle theft task force. The
resolution was adopted unanimously and results in an additional $1.00
fee to be charged on each San Bernardino County new and renewal
vehicle registration. The fee increase is schedulea to begin effective
October 1, 1995 and will be continuously appropriated, wi1:hout regard
to fiscal years.
II. MISSION STATEMENT
To reduce the incidence of vehicle theftlcar-jackinm; and increase the
apprehension of the professional vehicle thief, the -San Bernardino
County Auto Theft Task Force will accomplish the following:
1. Interface with the California Highway Patrol Investigative
Services Unit (Vehicle Theft), DMV, DOJ, FBI and all agencies
May-23-02 OB:40A C;ty Clerks Off;ce
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P.07
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San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 2
4.
within San Bernardino County for the sharing of intelligence
information related to vehicle theft.
2.
Increase the number of arrests of vehicle theft and car jacking
suspects. particularly the professional thieves participating inlhe
~urgical stripping, renurntiering for resale, exportation, anCl car
Jacl<ing.
Identify locations that are used in connection with vehicle theft
offenses and take appropriate enforcement action. These
locations may include legitimate business locations (e.g.
repair/body shops and dlsmantlers) used for illegal activities and
the sites of "chop shop operations. '
Identify local trends and patterns of vehicle theft and car-jacking
activity to be targeted by task force investigators.
Increase the recovery rate of stolen vehicles and reduce the
number of car-jacking incidents in San Bernardino County.
Provide centralized repository for vehicle theft expertise,
support. coordination. and information data base.
In cooperation with the San Bernardino County District Attorney
increase the number of felony prosecutions for vehicle theft ana
car-jacking suspects, particufarly the professional thieves
particip~ting in the sl,lrgical stripping, renumbering for resale,
exportation, and car-Jacking.
Conduct business inspections pursuant to section 2805 of the
California Vehicle Code, for the p'urp,ose of investigating the title
and registration of vehicles to estat;lish the rightfur ownership or
possession of the vehicle or identifiable vehiCle cornponent part.
Provide a forum for public awareness relating to vehicle theft
prevention and trends throughout San Bernardino County. This
will be accomplished through coordination with the local media
to publicize the vehicle theft problem and task force activities,
thereby encopragi'1g public participation while discouraging
potential vehicle lhleves.
3.
5.
6.
7.
B.
9.
I21UIl9S
May-23-02 OS:40A City Clerks Office
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PoOS
96-2J.
San Bernardino County AulO Theft Task Force
Memorandum of Understanding
Page l
III. TASK FORCE ORGANIZATION
A. Executive Committee
The Executive Committee shall be comprised of eight members of the
San Bernardino County Chiefs of Police and Sheriffs Association or
their designees, and a representative from the Califomia Department
of Motor 'lehides. The Executive Committee will consist of the Sheriff
of San Bernardino County, the Inland Division CHP Commander, the
San Bernardino County District Attorney, the DMV Harbor Area
Commander, and the Police Chiefs of San Bernardino. Redlands,
Rialto, Ontano, and Upland. The District Attorney will sit on the
committee as a non-voting member.
Members of the Executive Committee will meet quarterly, or as
necessary, to review task force operations and to proviae direction,
Quidance, and input. The Director and Chairperson of the Executive
Committee will be selected on an annual basis by the voting members
of the Executive Committee. Committee business will be conducted
by majority vote, provided a quorum of the committee is present and
voting. A quorum is defined as a minimum of four voting members.
B. Task Force Coordinator
The Task Force Coordinator's pOSition will be staffed full time by. a
lieutenant provided by the California Highway' Patrol. The Coortlinator
will be responsible for management re~nslbilities of the task force
and will be directly accountaole to the Executive Committee for task
force operations. Salaries and benefits will be paid by the California
Highway Patrol and will not be reimbursed from the task force fund.
C. Supervision
The Task Force Supervisor's position will be staffed bY a sergeant
proVided by. the San Bernardino Police Department. This sergeant will
be selectee by the Task Force Coordinator with input from the. Police
Department and concurrence of the Executive Committee. The
sergeant will supervise all subordinate members of the task force and
provide necessary input for performance evaluations to the parent
agency. Salary and benefits associated with this position Will be
reimbursed from the task force fund to the parent agency. The
reimbursement percentage will be determined by the Executive
Committee.
D. Prosecution Staff
The District Attorney's Office has established a vehicle theft
prosecution team funded through money collected pursuant to CVC
12/01/95
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P.09
96-21
San Bemanlino County Auto Theft Task Force
Memorandum of Understanding
Page.!
9250.14. This team will work directly with the task force to prollide
legal review and will file cases warranting a criminal complaint. All
velliele theft task force cases will be vertically prosecuted. If
warranted, federal prosecution will be pursued" by the appropriate
attorney's office.
E. Investigators
The task force shall be staffed by qualified investigators
recommended for assignment by tlieparticipating agencies. The task
force will be composed" of personnel from ttie follOWIng agencies:
o California Highway Patrol (CHP) -1 Lieutenant 2 Investigators
o San Bernardino Police Department - 1 Sergeant 1 Investigator
o San Bernardino County Sheriff's Department - 2 Investigators
D Ontario Police Department - 1 Investigator
o Redlands Police Department - 1 Investigator
o Rialto Police Department - 1 Investigator
o Upland Police Department - 1 Investigator
o California Department of Motor Vehicles (DMV) - 1 Investigator
o National Insurance Crime Bureau (NICS) - 1 Investigator
Assignment to the task force will be for a minimum of two years. Due
to the critical nature of the position, personnel recommended to the
task force will be subject to selection interviews by the Task Force
Coordinator and Supervisor. Consideration for placement on the task
force is given based on past job performance, investigative
experience, and the ability to work with others in a close, team
relationship-
Personnel not meeting accep-table standards of performance or
refusing to comply witft task force policies and procedures may be
removed from the task force and transferred back to his/her
department. If the Task Force Coordinator has cause to replace a
member. he/she shall discuss the issue with the parent agen(dl. If the
Qarent agenq does not concur with the decision of the Task Force
Coordinator to remove and replace the task force member, the issue
shall be forwarded to the Executive Committee for final resolution. It
is agreed. however, that the resolution of operational problems at the
lowest level is in the best interest of the taSK force. .
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96-21 San Bemardino County AulO Theft Task Force
Memorandum of Understanding
Page 5
Salaries and benefits associated with these investigators will be
reimbursed from the task force fund to the participating agencies. The
reimbursement percentage will be determined b'i' the Executive
Committee. Any p'articipation by the CHP, FBI, DMV and NICB in the
task force will not be reimbursable through the task force funds.
F. Administrative Support Staff
One Transcribing Tygist II provided b'i' the Sheriff's Department will be
assigned to the tasl< force. This position will support field and staff
operationshand will provide clerical liaison to the parent agencies. The
salary for t is position will be fully reimbursed from the task force
fund.
G. National Insurance Crime Bureau (NICB) Investigator
One full time NICB Investigator will be assig!Jed to the task force as a
coordinator between the task force and NICB. All salary, benefits,
overtime, per diem, and business expenses for this team member will
be paid by NICB and not reimbursed by the task force fund.
H. California Highway Patrol
Two full time vehicle theft investigators will be provided by the
California Highway Patrol. With lhe exception of travel, per diem and
overtime expensey.,all salary and benefits for these team members will
be paid by the CHI"" and win not be reimbursed from task force funds.
I. California Department of Motor Vehicles
One half-time DMV investigator will be provided by the California
Department of Motor VehiCles. With the exception of travel, per diem
and overtime expense, all salary and benefits for this P9sition will be
paid by the DMV and will not be reimbursed from task force funds.
J. Participating Agency
For the purposes of this memorandum of understanding, a
"Participating Agency" is defined as any' law enforcement agency
which tias an employee assigned specifically to this task force.
regardless of the status of reimbursement from allocated funds.
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96-21 San Bernardino County Auto Theft Task Force
Memorandum or Understanding
Page 6
IV. FISCAL PROCEDURE
A. Task Force Fund
The task force fund-1 established~ursuant to CVC Section 9250.14,
will be administereo by the San Bernardino County Sheriffs
Department. R~uests for the expenditure of funds will require the
arproval of the EXecutive Committee based on a simple majority vote
o approval. Tlie Task Force Coordinator will be authorized to expend
an amount ap'proved by the Executive Committee for the op'erational
needs of the task force. Any operational needs of the task force
exceec!ing this amount will require prior approval of the Executive
Committee.
B. Salaries and Benefits
The Task Force Coordinator, personnel from the National Insurance
Crime Bureau1 the California Highway Patrol, and the California
Department Or Motor Vehicles Will not be reimbursed by the task force
fund for salary and benefits. The salary and benefits Of all remaining
task force members will be reimbursed to the participating
departments by the task force fund. The percentage at Which
participating agencies are reimbursed for personnel salaries and
benefits wilT be determined by the Executive Committee. Ap,proved
overtime, per diem and business related expenses will be funy
reimbursea for all task force P.8rsonnel by tlie task force fund. Those
personnel assigned to the task force on a reimbursable basis will be
Daid through the payroll section of their parent agency.
Reimbursement wilr then be provided to the parent cmency by the task
force fund. It shall be the responsibilitv of the Task Force Coordinator
to institute a system of checks and barances whereby the hours of
each participant will be authorized and audited for accuracy. This
information will be reported to the agencies' appropriate time keeper,
with a copy submitteCl to the San Bernardino County Sheriffs
Department Accountant The Task Force Coordinator will also retain
a copy of this record.
Members assigned to the task force whose salaries are reimbursed by
the task force fund shall be on full time assignment to the task force.
Admin,istratjve proces~ing costs to determine payroll by participating
agencies Will not be reimbursed.
C. Participant Claims for Reimbursement
Participating agencies shall request reimbursement for task force
members' regular salaries, benefits, overtime, business expenses and
per diem from the task force fund.
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~-21 San Bemardino County Auto Theft Task Force
Memorandum 01 Understanding
Page 7
Reimbursement will only be made based on actual hours of program
participation. Reimbursement claims by task.force mempers for
reimbursable travel per diem.&, lodging1 matenals, or servIces shall be
approved by the Task Force vooroinalor and submitted on an
ap'proved claim form to the members' parent agenc;:y. Reguests for
reimbursement from the J.tarent agency shall be sutimitted to the San
Bernardino County Sheriffs Department no later than the 15th day of
the month following the end of the Quarter the participant worked. It
will be the respqnslbility of the task force accountant to develop a
format for claiming expenses with appropriate back-up' detail
information and to provide a sample of the document to the parent
agency. This document will then be used by each participating agency
for claiming any expenses incurred as a result of participation In the
task.force, P~yment of the claim will be processed within 30 days of
receipt of Invoice.
In the unlikely event that revenues fall short of what is required for
reimbursement, reimbursement shall be made on a prorate share
basis. In no event will general revenues of the County be used to
offset any such shortage.
D. Right to Audit
Each_party to this Agreement shall make available to the County of
San Bernardino, at all reasonable times, its payroll and other records
relating to this agreement. The County or inde~ndent auditor may
audit such recoras and if the County determines that ineligible costs
have been reimbursed the agenc;:y shall immediately repay the
amount determined to be ineligible. If not repaid within 30 day:s, the
County may hold the amount determined to be ineligible from future
reimbursements. The parties shall maintain the original copies of the
requ.ired records for a period of three years after the date tne expense
IS reimbursed.
Task Force funds shall be audited at the direction of the Executive
Committee. This audit will normally be conducted by a private firm.
The cost of the audit will be paid from the task force fund.
E. Overtime
The Executive committee will approve a "not to exceed" monthly
allocation of overtime to be utilized by the task force as necessary.
Monthly amounts exceeding this allocation will require the submission
of written justification by the Task Force Coordinator for approval to
the Executive Committee.
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96-21
San Bernardino County Auto Theil Task Force
Memorandum of Understanding
Page II
F. Indirect Costs
The County of San Bernardino, through the Sheriffs Department,
receives and is the Financial Adminislrator for all source funds for the
San Bernardino County Auto Theft Task Force. As such, a significant
amount of management time will be required for the administration of
the funds. Costs associated with the administration of these funds will
be reimbursed to the Sheriffs Department. Requests for
reimbursement of administrative costs will be subject to approval by
the Executive Committee.
G. Confidential Fund
A Confidential Fund shall be established for use bv the San
Bernardino County Auto Theft Task Force. These funds shall only be
used as necessary in the performance of duties relating to task force
activities. Such usage win be limited to special and extraordinary
expenses incurred If"uring the investigation of vehicle thefts.
Authorization to use these funds will be determined by the Task Force
Coordinator and will conform to standards and p"'olicies established for
the San Bernardino Sheriffs Department. The Confidential Fund will
be funded from task force revenues and will normallv not exceed a
balance of $5,000. Any increase in the Confidential Fund balance will
be approved by the Executive Committee.
V. LIABILITY
Each garticipating agencY in the San Bernardino County Auto Theft
Task Force shallllave fun financial responsibility for their respective
investigators while assigned to the tasR: force.l.!ncluding industrial
injury Claims, vehicle accidents, and third pal ~y. claims lor monetary
damages arising from vehicle accidents and other alleged torts.
Additionally, the agency shall also be responsible for any and all
workers' compensation claims of their respective investigator if he/she
should become injured in the course and scope of his/her duties while
assigned to the task force. San Bernardino County, its officers,
agents, and employees shalt not be deemed to have assumed al!Y
liability for the negligence of participating agencies or any of its officers
or employees; anCt participating agencies shall hold the County, its
officers and employees harmless lrom any and all claims and
damages resulting therefrom. Participating agencies and the County
shalll'iold each otller harmless from the liability for negligent acts or
omissions of the other.
Each party to this Agreement agrees to defend, indemnify, and hold
harmless the other parties to thiS Agreement in regard to any liability
imposed on the agreeing parties due to the negligent acts or
omissions of another partY's assigned employee(s).
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96-21
San Bernardino County AulO Theft Task Force
Memorandum <If Understanding
Page 'J
VI. OPERATION LOCATION
Appropriate space will be provided to house task force members and
related equipment by the San Bernardino Police Department at no
cost to the task force. The task force main office will be located at 767
North E Street. San Bernardino Ca. 92401. At a future date to be .
determined by the Executive Committee. a satellite office will be
established in the high desert. .
VII. EQUIPMENT
The Task Force Coordinator will be accountable for equipment
assigned to the task force and will utilize approved San Bernardino
County procedures for procuring, accounting and safeguarding fixed
assets.
A. Vehicles
The National Insurance Crime Bureau (NICS) has agreed to provide
vehicles at no cost for use by task force investigators. In the event the
task force is unable to proviae a vehicle to the assigned member
through ,task force resources, participating agencies agree to provide
thiS equipment.
Maintenance and fuel costs of vehicles assigned to the task force will
be paid by the task force fund. Fuel and mamtenance costs provided
bY participating agencies will be reimbursed by the task force fund.
Certification offuel amounts and costs will be required. These
reimbursements will be paid from invoices submitted to the Sheriffs
Department.. Such claims will be approved for payment by the Task
Force Coordmator.
B. Communications Equipment
Hand-held radiosl cellular telephones, and pagers will be purchased in
cooperation with lhe Sheriff's Automotive Section and paid for by the
tasK force fund. The Coordinator, supervisor, and each investigator
will be provided with a radio. cellular telephone, and pager.
Procedures will be developed to ensure proper use ana accountability
of this equipment.
C. Other Equipment
Other equipment including in-house covert equipment, office
equipment, computers, hand tools, cameras, video cameras, and the
like, will be purchased or leased with monies from the task force fund
and provided for use by task force investigators.
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96-21
SaR Bemanlino County Aulo Theft Task Force
Memorandum of Understanding
Page III
Situations requiring air support, unique vehicles, or other unique items
will require cooperative scheduling and assistance from the member
departments.
D. Disbursement ofTask Force Assets
At the conclusion of the funding authorized by CVC 9250.14, all fixed
assets of this task force will be distributed to the participating a~encies
by the Executive Committee. As r~uired by law, any unused fUnds
wIll be retumed to the State Controllers office.
VIII. UNDERCOVER DOCUMENTS
The use of covert identities to support or enhance undercover
operations is essential. This will require that investigators p-ossess
undercover California driver's licenses and other sources of
identification. The procurement utilization, and control of these
documents will rest with the parocipatlng agency. Investigators will be
expected to bring covert documents witli tHem at time of assignment.
IX. ASSET FORFEITURE SHARING
Task force operations which result in the p'otential for either State or
federal asset seizures shall be brought to the attention of the Task
Force Coordinator for a decision as 10 whether or not an app.'ication
for asset forfeiture sharing will be made pursuant to appropriate State
or Federal Jaw. Allocation of any forfeltea funds will be determined by
the Executive Committee.
X. STANDARD OPERATING PROCEDURES
All task force members shall abide by the Standard Operating
Proce9ures M!'Inual (SOP) which shall be pre.pared by the,Task Force
Coordinator With the assistance of the Task Force Supervisor. The
completed SOP will be subject to the review and ap'proval of the
Executive Committee. The SOP shall specify poliCies and procedures
for task force operations and shall include the following specific items:
A. In any case where the pOlicies or procedures of the task force
conflict with those of the member's parent agency, the member
shall abide by the policies of his or her own agen~. Conflicts
not resolved by the supervisor will be referreato tfie Task Force
Coordinator for resolution.
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P.16
96-21 San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page It
B.
C.
The investigation of officer involved shootings shall be
conducted Dy the law enforcement agency Iiaving jurisdiction
over the area of occurrence. Vehicle aCCIdents will also be
handled by the agency having jurisdiction at the location at
which the accident occurs. Nothing p'recludes further
investigation or concurrent investigation by the officer's parent
agen!=y. Additionally, the Task Force Coordinator will ensure
tnat the parent agency of the involved officer has been notified.
Injured personnel will be taken to the most immediate and
competent medical facilities available. The officer's parent
agency will be immediately notified of any injury to their
personnel.
Task force member evaluations and investigations of citizens'
complaints or intemal investigations shall be handled jointly
between the assigned Task Force Supervisor and the parent
agency when tasK force assignment is an issue. Disciplinary
actions against investigators will be approved solely by the
parent agency. Internal discipline problems will be adoressed by
the TasK Force Supervisor and documented when necessary.
Continued failure to abide by task force policies and procedures
may result in the removal of an investigator from the task force.
ReQ!,Iests for removal will be made upon the recommendation of
the Task Force Coordinator with concurrence of the Executive
Committee. Parent agencies will provide the name, rank, and
telephone number of a "liaison supervisor" that will assist the
Task Force Coordinator and Supervisor with inquiries of mutual
concem
D.
The release of media information regardinlLtask force
Qperations will be coordinated through the Task Force
Coordinator. The Task Force Coordinator will ap'prise the
Chairman of the Executive Committee of all incloents which may
result in signifiCant media interest. The Executive Committee
will determine what course of action wilfbe taken in releasing
significant event information.
XI. REPORTING
A. The Task Force Coordinator will be resp'onsible for
implementing a reporting system which tracks team activities,
statistics, ana accompliShments of task force operations. ThiS
reporting system will serve as the basis for quarterly reports to
the Executive Committee as well as to ensure an accountability
of personnel and equipment resources.
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96-2J. San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 12
B-
The Task Force Coordinator will submit an operational report to
the Executive Committee on a Quarterly basis within 20 days
following the end of each calendar quarter.
An annual report will be p'rovided to the County Board of
Supervisors, with copies to each participating agency.
C.
XII. AMENDMENTS TO THE MOU
The Executive Committee ma.y amend any portion of the MOU in
writing only, by way of the voting procedure established in Section
iliA above for the conduct of committee business.
XIII. TERM OF AGREEMENT
This agreement shall commence on January 1, 1996 and, pursuant to
CVC 9250.14, shall remain in effect until the termination of task force
funding on January 1, 2000, unless a later enacted statute deletes or
extemfs that date. Participating agencies may elect to terminate the
agreement prior to its designated fermination date. Any agency
desiring to terminate its participation in this agreement shall indicate
such inlent in writing to the Executive Committee. The termination
shall be deemed to lake effect not less than 30 days after receip.t of
the written communication or upon a date established by mutual
agreement.
XIV. SIGNATURES
The undersigned state that they represent and have the authority to
execute this ~greement on benalf of their respective agencies and. in
signing this agreement,_ concur with and sUPP9rt the San Bernardino
County Auto Theft TaSK Force as set forth In this Agreement and for .
the period and purposes as stated herein.
.f"".--"-
/ - s~ 9(,
Date
J. _ kidmore, Deputy Chief
Commander, Inland Division, CHP
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96-21
San Bemardino County Auto Theil Task Force
Memorandum of Understanding
Page 13
_4.;,/ h~
Gary Penr
Sheriff. County of San Bernardino
~
~
Dennis e
Chief of Poli
f Rialto
. Cfp- A)~-
Lee Dean
Chief of Police, City of San Bernardino
cZIS"~
Lewis Nelson
Chief of Police, City of Redlands
~. 1 ~ ~
Martin Thouvenell
Chief of Police, City of Upland
-tl,.
y hart
Chief of Police, City
/f~~---~
KJ. aruso
Harbor Area Commander
California Department of Motor Vehicles .
1
PolB
/- ~ ~.;.- f/
.r::
Date
\ 2- . 1 q - 9"5
Date
;L/131?~
Date
I - If - t;.{,
Date
\L.-- \~-~S.
Date
/ -/d -~.f:,
Date
Iz--Zo-,r
Date
I ?.IIl1I'l~
,
--
.~
'--
I.
December 1,1995
CONFIDENTIAL
OVERVI EW
Vehicle theft has become the most costly of all property crimes, and
is an American epidemic. It impacts over four million Americans
each year at a cost exceeding $10 billion. This represents almost half
(48%) of the dollar loss of all crimes combined. California led the
nation in 1994 with approximately 300LOOO vehicle thefts, 40,000 of
which were never recovered. During tnis same year in San
Bernardino County, a total of 20,31 f vehicles were stolen at a cost to
the citizens of almost $122 million. While vehicle thefts decreased
statewide in 1994 by 4.4%, in San Bernardino County during the
same time period they increased by 10.1%. In an effort to combat
this growing crime problem, and to address mounting public concern,
the California Legislature passed into law Senate BiIT 2139 (Vehicle
Code-Section 9250.14). As statedd- this bill authorizes the County
Board of Supervisors to impose a ill1 fee on all vehicles registered in
the County at the time of registration renewal, to enhance the
capacity of local police and prosecutors to deter, investigate, and
prosecute vehicle theft crimes.
In May of 1995 the San Bernardino Coun!y Board of Supervisors
adopted a resolution pursuant to Vehicle Code Section 9250.14
specifically to fund a multi-jurisdictional vehicle theft task force. The
resolution was adopted unanimously and results in an additional
$1.00 fee to be charged on each San Bernardino County new and
renewal vehicle registration. The fee increase is scheduled to begin
effective October f, 1995 and will be continuously appropriated,
without regard to fiscal years.
II.
MISSION STATEMENT
To reduce the incidence of vehicle theft/car-jackings and increase the
C!Pprehension of the professional vehicle thief, the San Bernardino
County Auto Theft Task Force will accomplish the following:
1. Interface with the California Highway Patrol Investigative
Services Unit (Vehicle Theft)} DMV, Dept of Insurance (001),
DOJ, FBI and all agencies within San Bernardino County for
the sharing of intelligence information related to vehicle theft.
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 2
,-.
4.
'-'
,-
\.....
Increase the number of arrests of vehicle theft and car jacking
suspects, particularly the professional thieves participating in
the ~urgical stripping, renumbering for resale, exportation, and
car JacKing.
Identify locations that are used in connection with vehicle theft
offenses and take appropriate enforcement action. These
locations may include legitimate business locations (e.g.,
repair/body sl1o[?s and dTsmantlers) used for illegal activities
and the sites of "chop shop operations."
Identify local trends and patterns of vehicle theft and car-
jacking activity to be targeted by task force investigators.
Increase the recovery rate of stolen vehicles and reduce the
number of car-jacking incidents in San Bernardino County.
Provide centralized repository for vehicle theft expertise,
support, coordination, and information data base.
In cooperation with the San Bernardino County District Attorney
increase the number of felony prosecutions for vehicle theft ana
car-jacking suspects, particularly the professional thieves
partlcip~ting in the sl!rgic.al stripping, renumbering for resale,
exportation, and car-Jacking.
8. Conduct business inspections pursuant to section 2805 of the
California Vehicle Code, for the purpose of investigating the
title and registration of vehicles to establish the rigl1tfuI
ownership or possession of the vehicle or identifiable vehicle
component part.
2.
3.
5.
6.
7.
9. Provide a forum for public awareness relating to vehicle theft
prevention and trends throughout San Bernardino County. This
will be accomplished througfl coordination with the local media
to publicize the vehicle theft problem and task force activities,
thereby enco.uragil"!g public participation while discouraging
potential vehlcle1hleves.
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 3
.
.........
III. TASK FORCE ORGANIZATION
A. Executive Committee
The Executive Committee shall be comprised of six members of the
San Bernardino County Chiefs of Police and Sheriff's Association or
their designees, and a rEWresentative from the California Department
of Motor Vehicles. The Executive Committee will consist of the
Sheriff of San Bernardino County, the Inland Division CHP
Commandertthe San Bernardino County District Attorney, the DMV
Inland Area ommander, and the Police Chiefs of Fontana, Rialto,
and San Bernardino. The District Attorney and DOl representative
will sit on the committee as non-voting members.
Members of the Executive Committee will meet semi-annually, or as
necessary, to review task force operations and to provide direction,
guidance, and input. The Director and Chairperson of the Executive
Committee will be selected on an annual basis by the voting
members of the Executive Committee. Committee business will be
conducted by majority vote, provided a Quorum of the committee is
present and voting. A quorum is defined as a minimum of four voting
members.
~
B. Task Force Coordinator
The Task Force Coordinator's position will be staffed full time by a
lieutenant provided by the California Highway Patrol. The
Coordinator will be responsible for management resRonsibilities of
the task force and will be directly accounfable to the Executive
Committee for task force operations. Salaries and benefits will be
paid by. the California Highway Patrol and will not be reimbursed from
the task force fund.
C. Supervisor
The Task Force Supervisor's position will be staffed b~ a sergeant
provided by the San Bernardino Police Department. This sergeant
will be selected by the Task Force Coordinator with input from the
Police Department and concurrence of the Executive Committee. The
sergeant will supervise all subordinate members of the task force and
provide necessary input for performance evaluations to the parent
agency. Salary and benefits associated with this position Will be
reimbursed from the task force fund to the parent agency. The
reimbursement percentage will be determined by the Executive
Committee.
c'__
\
~
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San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 4
.,-
D. Prosecution Staff
The District Attorney's Office has established a vehicle theft
prosecution team funded through money collected pursuant to CVC
9250.14. This team will work directly with the task force to p'rovide
legal review and will file cases warranting a criminal complaint. All
vel1icle theft task force cases will be vertically prosecuted. If
warranted, federal prosecution will be pursued by the appropriate
attorney's office.
E. Investigators
'--
The task force shall be staffed by qualified investigators
recommended for assignment by ttie participating agencies. The
task fqrce will be composed of personnel from the following
agencies:
o California Highway Patrol (CHP) - 1 Lieutenant, 2 Investigators
o San Bernardino Police Department - 1 Sergeant, 2
Investigators
San Bernardino County Sheriff's Department - 1 Investigator
Rialto Police Department - 1 Investigator
Fontana Police Department - 1 Investigator
California Department of Motor Vehicles (DMV) - 1 Investigator
National Insurance Crime Bureau (NICB) - 1 Investigator
Department of Insurance - 1 Investigator
o
o
o
o
o
o
'-
Assignment to the task force will be for a minimum of two years. Due
to the critical nature of the position, personnel recommended to the
task force will be subject to selection interviews by the Task Force
Coordinator and Supervisor. Consideration for placement on the
task force is given based on past job performance, investigative
experience, and the ability to worK with others in a close, team
relationship.
Personnel not meeting acceRtable standards of performance or
refusing to comply with task force policies and procedures may be
removed from the task force and transferred back to his/her
department. If the Task Force Coordinator has cause to replace a
member, he/she shall discuss the issue with the p'arent agency. If
the parent agency does not concur with the decision of the Task
Force Coordinator to remove and replace the task force member, the
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 5
~-
'-
issue shall be forwarded to the Executive Committee for final
resolution. It is agreed, however, that the resolution of operational
problems at the lowest level is in the best interest of the task force.
Salaries and benefits associated with these investigators will be
reimbursed from the task force fund to the participating agencies.
The reimbursement percentage will be determined by the Executive
Committee. Any participation by the CHP DOl, FBI, DMV and NICB
in the task force will not be reimbursable through the task force
funds.
"--
F. Administrative Support Staff
One Transcribing Typist II and one Fiscal Clerk II will be Rrovided by
the Sheriff's Department and assigned to the task force. These
positions will support field and staff operations, and will provide
clerical liaison to the parent agencies. The salary for Fiscal Clerk II
position will be fully reimbursea from the task force fund. The salary
for the Transcriber Typist II will be fully reimbursed from the District
Attorney's Office through money collected pursuant to CVC 9250.14.
G. National Insurance Crime Bureau (NICB) Investigator
One full time NICB Investigator will be assi~ned to the task force as a
coordinator between the task force and NICB. All salary, benefits,
overtime, per diem, and business expenses for this team member will
be paid by NICB and not reimbursed by the task force fund.
H. Department of Insurance
One full time DOl Investigator will be assigned to the task force as an
investigator. All salary, oenefits, overtime, per diem, business
expenses, and vehicle expenses for this team member will be paid by
DOl and not reimbursed by the task force fund. A vehicle will also be
provided by DOl.
,-
I. California Highway Patrol
Two full time vehicle theft investigators will be provided by the
California Highway Patrol. With lhe exception of travel, per diem
and overtime expense, all salary and benefits for these team
members will be paid by the CHP and will not be reimbursed from
task force funds.
J. California Department of Motor Vehicles
One half-time DMV investigator will be provided by the California
Department of Motor VehiCles. With the exception of travel, per diem
'-
06/0 1/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 6
,,-,
and overtime expense, all salary and benefits for this position will be
paid by the DMV and will not be reimbursed from task force funds.
K. Participating Agency
For the purposes of this memorandum of understanding, a
"Participating Agency" is defined as any' law enforcement agency
which has an employee assigned specifically to this task force,
regardless of the status of reimbursement from allocated funds.
IV. FISCAL PROCEDURE
-
A. Task Force Fund
The task force fun~ established-pursuant to CVC Section 9250.14,
will be administerea by the San Bernardino County Sheriff's
Department. Re~uesfs for the expenditure of funds will require the
approval of the Executive Committee based on a simple majority vote
of approval. The Task Force Coordinator will be authorized to expend
an amount approved by the Executive Committee for the operational
needs of the task force. Any operational needs of the task force
exceeqing this amount will require prior approval of the Executive
Committee.
An amount not to exceed twenty percent (20%) of each quarterly
payment received from the State Controllers Office, shall be set
aSide by the task force accountant to pay for operating expenses.
Such operating expenses shall.be itemized and be part ofthe fiscal
budget which nas been approved by a majority. of the Executive
Committee. Any funds not expended shan be kept in reserve in the
event future operating expenses exceed anticipated revenues.
B. Salaries and Benefits
The Task Force Coordinator, personnel from the National Insurance
Crime Bureau, Department of Insurance, the California Highway
Patrol, and the California Department of Motor Vehicles wTII not be
reimbursed by the task force fund for salary and benefits. The salary
and benefits of all remaining task force members will be reimbursed
to the participating departments by the task force fund. The
percentage at which participating agencies are reimbursed for
personnel salaries and benefits will De determined by the Executive
Committee. Approved overtime, per diem and business related
expenses will be fully reimbursed for all task force personnel
(excluding Department of Insurance investigator) by the task force
fund. Those personnel assigned to the tasR force on a reimbursable
basis will be paid through the payroll section of their parent agency.
Reimbursement will then be provided to the parent agenQY by the
task force fund. It shall be the responsibility of the Task Force
',-
06101102
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 7
"-
Coordinator to institute a system of checks and balances whereby
the hours of each participant will be authorized and audited for
accuracy. This information will be reported to the agencies'
appropnate time keeper, with a copy submitted to ttie San
Bernardino County Sheriffs Department accountant. The Task
Force Coordinator will also retain a copy of this record.
Members assigned to the task force whose salaries are reimbursed
by the task force fund shall be on full time assignment to the task
force. Administrative processing costs to determine payroll by
participating agencies will not be reimbursed.
C. Participant Claims for Reimbursement
Participating agencies shall request reimbursement for task force
members' regular salariesl_ benefits, overtime) business expenses
and per diem from the tasK force fund and wil be reimbursed after
DMV fees for that quarter have been deposited. Reimbursement will
only be made based on actual hours of program participation.
Reimbursement claims by task force members for reimbursable
travel, per diem, lodging, materials, or services shall be approved by
the Task Force Coordinator and submitted on an approved claim
form to the members' parent agency. Requests for reimbursement
from -the parent C!Qency shall be suomitted to the San Bernardino
County Sheriffs Department no later than the 15th day of the month
following the end ofthe q~arter the participant worked. It will be the
responsibility of the task force accountant to develop a format for
claiming expenses with appropriate back-up detail information and to
provide a sample of the document to the parent agency. This
document will then be used by each participating agency for claiming
any expenses incurred as a result of participation in the task force.
payr:nent of the claim will be processed witliin 30 days of receipt of
InVOice.
'-
In the unlikely event that revenues fall short of what is required for
reimbursement, reimbursement shall be made on a prorate share
basis. In no event will general revenues of the County be used to
offset any such shortage.
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D. Right to Audit .
Each party to this Agreement shall make available to the County of
San Bernardino, at all reasonable times, its payroll and other records
relating to this agreement. The County or independent auditor may
audit such recorBs and if the County determines that ineligible costs
have been reimbursed the agency shall immediately regay the
amount determined to be ineligible. If not repaid within 30 days, the
County may hold the amount determined to be ineligible from future
reimbursements. The parties shall maintain the original copies of the
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San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 8
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required records for a period of three years after the date the
expense is reimbursed.
Task Force funds shall be audited at the direction of the Executive
Committee. This audit will normally be conducted by a private firm.
The cost of the audit will be paid from the task force fund.
E. Overtime
The Executive committee will approve a "not to exceed" monthly
allocation of overtime to be utilized by the task force as necessary.
Monthly amounts exceeding this allocation will require the
submission of written justification by the Task Force Coordinator for
approval to the Executive Committee.
~.
F. Indirect Costs
The County of San Bernardino, through the Sheriffs Department,
receives and is the Financial AdminisTrator for all source funds for the
San Bernardino County Auto Theft Task Force. As such a
significant amount of management time will be required for the
administration of the funds. Costs associated with the administration
of these funds will be reimbursed to the San Bernardino County
Sheriffs Department. Requests for reimbursement of
admini~trative costs will be subject to approval by the Executive
Committee.
G. Confidential Fund
A Confidential Fund shall be established for use by the San
Bernardino County Auto Theft Task Force. These funds shall only be
used as necessary in the performance of duties relating to task force
activities. Such usage will be limited to special and exfraordinary
expenses incurred curing the investigation of vehicle thefts.
Authorization to use these funds willee determined by the Task
Force Coordinator and will conform to standards and policies
established for the San Bernardino Sheriffs Department. The
Confidential Fund will be funded from task force revenues and will
normally not exceed a balance of $5,000. Any increase in the
Confidential Fund balance will be approved by the Executive
Committee.
v.
LIABILITY
\.....
Each Qarticipating agency in the San Bernardino County Auto Theft
Task Force shalll1ave fun financial responsibility for their respective
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San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 9
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investigators while assigned to the task force, including industrial
injury Claims, vehicle accidents, and third party claims lor monetary
damages arising from vehicle accidents and other alleged torts.
Additionally, the agency shall also be responsible for any and all
workers' compensation claims of their respective investigator if
he/she should become injured in the course and scope of his/her
duties while assigned to the task force. San Bernardino County, its
officers. agents, and employees shall not be deemed to have
assumed any liability for the negligence of participating agencies or
any of its officers or employees; and participating agencies shall hold
the County, its officers and employees harmless from any and all
claims ana damages resulting therefrom. Participating agencies and
the County shall Fiold each other harmless from the liaoilify for
negligent acts or omissions of the other.
Each party to this Agreement agrees to defend, indemnify, and hold
harmless the other parties to this Agreement in regard to any liability
imposed on the agreeing parties due to the negligent acts or
omissions of anotfler party's assigned employee(s).
VI.
OPERATION LOCATION
---
Appropriate space will be provided to house task force members and
related equipment by the San Bernardino Police Department at no
cost to the task force. The task force main office will be located at
767 North E Street San Bernardino Ca. 92401. At a future date to
be determined by the Executive Committee, a satellite office may be
established in the high desert.
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VII. EQUIPMENT
The Task Force Coordinator will be accountable for equipment
assigned to the task force and will utilize approved San Bernardino
County procedures for procuring, accounting and safeguarding fixed
assets.
A. Vehicles
The National Insurance Crime Bureau (NICB) has agreed to provide
vehicles at no cost for use by task force investigators. In the event
the task force is unable to provide a vehicle to the assigned member
through ,task force resources, participating agencies agree to provide
this equipment.
Maintenance and fuel costs of vehicles assigned to the task force will
be paid by the task force fund. Fuel and maintenance costs provided
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 10
'-
QY participating agencies will be reimbursed by the task force fund.
Certification offuel amounts and costs will be required. These
reimbursements will be paid from invoices submitted to the Sheriffs
Department. Such claims will be approved for payment by the Task
Force Coordinator.
'-
B. Communications Equipment
Hand-held radios and pagers will be purchased in cooperation with
the Sheriff's Automotive Section and paid for by the task force fund.
The Coordinator, supervisor, and each investigator will be provided
with a radio, cellular telephone, and pager. Procedures wilf be
developed to ensure proper use and accountability of this equipment.
C. Other Equipment
Other equipment including in-house covert equipment, office
equipment, computers, hand tools, cameras, video cameras, and the
likej will be purchased or leased with monies from the task force fund
ana provided for use by task force investigators.
Situations requiring air support, unique vehicles, or other unique
items will require cooperative scheduling and assistance from the
member departments.
D. Disbursement of Task Force Assets
At the conclusion of the funding authorized by CVC 9250.14, all fixed
assets of this task force will be distributed to the participating
agencies by the Executive Committee. As required by law, any
unused funds will be returned to the State Controllers office.
VIII. UNDERCOVER DOCUMENTS
The use of covert identities to support or enhance undercover
operations is essential. This will require that investigators Rossess
undercover California driver's licenses and other sources of
identification. The procurement, utilization, and control of these
documents will rest with the participating agency. Investigators will
be expected to bring covert documents witfl them at time of
assignment.
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San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 11
\.....
IX. ASSET FORFEITURE SHARING
Task force operations which result in the potential for either State or
Federal asset seizures shall be brought to the attention of the Task
Force Coordinator for a decision as to whether or not an application
for asset forfeiture sharing will be made pursuant to appropriate State
or Federal law. Allocation of any forfeited funds will be determined
by the Executive Committee.
X. STANDARD OPERATING PROCEDURES
',,-
All task force members shall abide by the Standard Operating
Procedures Manual (SOP) which shall be preQared by the Task
Force Coordinator with the assistance of the Task Force Supervisor.
The completed SOP will be subject to the review and approval of the
Executive Committee. The SOP shall specify policies and
proc~9ures for task force operations and shall include the following
specific Items:
A. In any case where the policies or procedures of the task force
conflict with those of the member's parent agency, the member
shall abide by the policies of his or her own agency. Conflicts
not resolved by the supervisor will be referrecfto Hie Task
Force Coordinator for resolution.
"-
The investigation of officer involved shootings shall be
conducted by the law enforcement agency flaving jurisdiction
over the area of occurrence. Vehicle accidents wifl also be
handled by the agency having jurisdiction at the location at
which the accident occurs. Nothing precludes further
investigation or concurrent investigation by the officer's parent
agency. Additionally, the Task Force Coordinator will ensure
tliat the parent agency of the involved officer has been notified.
Injured personnel will be taken to the most immediate and
competent medical facilities available. The officer's parent
agency will be immediately notified of any injury to tlieir
personnel.
C. Task force member evaluations and investigations of citizens'
complaints or internal investigations shall be handled jointly
between the assigned Task Force Supervisor and the parent
agency when tasK force assignment is an issue. Disciplinary
actions against investigators will be approved solely by the
parent agenQY. Internal discipline problems will be adaressed
by the Task Force Supervisor and documented when
necessary. Continued failure to abide by task force policies
and procedures may result in the removal of an investigator
B.
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 12
~
D.
from the task force. Requests for removal will be made upon
the recommendation of the Task Force Coordinator with
concurrence of the Executive Committee. Parent aQencies will
provide the name, rank, and telephone number of a 'liaison
supervisor" that will assist the Task Force Coordinator and
Supervisor with inquiries of mutual concern.
The release of media information regardingJask force
Qperations will be coordinated through theiask Force
Coordinator. The Task Force Coordinator will apprise the
Chairman of the Executive Committee of all incidents which
may result in significant media interest. The Executive
Committee will aetermine what course of action will be taken in
releasing significant event information.
XI. REPORTING
'--
A. The Task Force Coordinator will be responsible for
implementing a reporting system which tracks team activities,
statistics, ana accompliShments of task force operations. This
reporting system will serve as the basis for quarterly reports to
the Executive Committee as well as to ensure an accountability
of personnel and equipment resources.
B. The Task Force Coordinator will submit an operational report to
the Executive Committee on a quarterly basis within 20 days
following the end of each calendar quarter.
C. An annual report will be provided to the County Board of
Supervisors, with copies to each participating agency.
XII. AMENDMENTS TO THE MOU
The Executive Committee may amend any portion of the MOU, in
writing only, by way of the voting procedure established in Section
III.A. above for the conduct of committee business.
XIII. TERM OF AGREEMENT
-
This agreement shall commence on January 1, 1996 and, pursuant
to cve 9250.14, shall remain in effect until the termination of task
force funding on January 1, 2000, unless a later enacted statute
deletes or extends that date. Participating agencies may elect to
terminate the agreement prior to its designated termination date.
Any agency desiring to terminate its participation in this agreement
L
06/01/02
San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 13
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shall indicate such intent in writing to the Executive Committee. The
termination shall be deemed to taKe effect not less than 30 days after
receipt of the written communication or upon a date established by
mutual agreement. On August 25, 1999 Governor Gray Davis
signed Assembly Bill 183 into law. This bill extended the sunset
clause found in vehicle code section 9250.14, thereby, providing
funding for county vehicle theft task forces to remain In effect through
January 1, 2005. (Revised 9/01)
XIV. SIGNATURES
The undersigned state that they represent and have the authority to
execute this Agreement on betialf of their respective agencies and, in
signing this agreement,. concur with and support the San Bernardino
County Auto Theft TasK Force as set forth In this Agreement and for
the period and purposes as stated herein.
Frank Scialdone,
Chief of Police-, City of Fontana
Date
"-
John Fogerty,
Chief, California Highway Patrol
Date
Date
Gary Penrod,
Sheriff, County of San Bernardino
Michael Meyers,
Chief of Police, City of Rialto
Date
Garrett Zimmon,
Chief of Police, City of San Bernardino
Date
\
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06/01102
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San Bernardino County Auto Theft Task Force
Memorandum of Understanding
Page 14
Date
Gary Kiesewetter,
Inland Area Commander
California Department of Motor Vehicles
Date
Michael Ingram,
Chief Investigator
Department of Insurance
06/01102
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July I, 2002
TO:
Garrett Zimmon, Chief of Police
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-172
At the Mayor and Common Council meeting of June 17, 2002, the City of San Bernardino
adopted Resolution 2002-172 - Resolution authorizing the execution of an amendment to the
Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force
(SANCATT).
Attached is one (I) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office as soon as possible, to my attention. Once all
signatures have been obtained, you will be provided with an executed copy.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by October 15, 2002.
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:
Date:
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 7,2002
TO:
Garrett Zimmon, Chief of Police
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-172 -Amendment to MOD with SANCATT
Our office has not received the executed amendment to the Memorandum of Understanding with
the San Bernardino County Auto Theft Task Force (SANCATT), which was approved at the
Mayor and Common Council meeting held on June 17,2002.
Please forward the executed amendment to the City Clerk's Office, to my attention.
Note: The resolution and agreement will be null and void if not executed and returned to the
City Clerk's Office by October 15,2002.
If you have any questions, please do not hesitate to call me at ext. 3206.
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): (0 -, 7 - D? Item # ~ 0 Resolution #
Vote: Ayes 1- L./) & +-7 Nays ~ Abstain...G-
Change to motion to amend original documents:
cJ DO,;}. - / '7;J-
Absent 6
Reso. # On Attachments: --= Contract term:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NulINoidAfter: /:J.{)do~; /O..If}-O:;;-
By: -
Date Sent to Mayor: 1JJ - I '6 - [)?
Date of Mayor's Signature: & -:J.() - 0:>-
Date of ClerklCDC Signature: (,,'..).1 - 0 d-
Reso. Log Updated:
Seal Impressed:
I
,./
Date MemolLetter Sent for Signature:
~y Reminder Letter Sel)t,.o<r3lith day:
90 Day Reminder Letter Sent on 451h day:
1)-1-0/
lo-To'.)--
See Attached: / Date Returned: I tr-I /-6..:L
See Attached: 0/
See Attached:
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):
Yes / No By_
Yes N"I By_
Yes No By_
Yes No By_
Yes No By_
Copies Dislribnl/,o:
City Attorney
Parks & Rec.
Code comJiance Dev. Services _ EDA Finance
Police Public Services Water Others:
MIS
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Conlract Term. elc.)
Ready to File: 1l'l:L-
Date: lOrd-OJ
Revised 01/12/01