HomeMy WebLinkAbout1988-484
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RESOL\~~(, ION NO.
88-484
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FEDERAL, STATE, COUNTY, AND CITY
PUBLIC ENTITIES TO FORM A CLANDESTINE LABORATORY TASK FORCE TO
INVESTIGATE AND PROSECUTE CRIMINAL CASES INVOLVING ILLEGAL
MANUFACTURING OF CONTROLLED SUBSTANCES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an agreement with the California Bureau of Narcotic Enforcement,
United States Drug Enforcement Administration, California Highway
Patrol, Riverside County Sheriff's Department, San Bernardino
County Sheriff's Department, Riverside Police Department and the
~an Bernardino Police Department to form a Clandestine Laboratory
Task Force to investigate and prosecute criminal cases involving
illegal manufacturing of controlled substances.
A copy of said
agreement is attached hereto marked Exhibit "All and incorporated
herein by reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a --.regular
meeting thereof, held on the 19th
day of _~, 1988, by the following vote, to wit:
AYES:
Council Members
Reilly. Flores, Maudsley, Minor,
p()pp-T.llCllt=lm, MiJJer
NAYS:
_NOlla.
ABSENT:
--C()lmr.; 1 Mpmhpr Estrada
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/A.. /~ " I rf . /1 .'1/
_~: ~,6~~;y '6&@.-(t/
Cify Clerk
HEjdys
December 14, 1988
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Re~olution . . . authorizing the execution of an agree~ent with
Feaeral', State, County, and ~ity public entities to form a
Clandestine Laboratory Task Force . . . involving illegal
manufacturing of controlled substances.
The foregoing resolution is hereby approved this ~~~day
/~~ , 1988.
of
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I . ~
-"i ~ // ~ /
.. yn w'/icox, 210r try'
City of San Bernardino
Approved as to
form and Legal Content:
JAMES F. PENMAN,
City Attorney
BY:~ 1fL-
HE/dys
December 14, 1988
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EXHIBIT A
AGREEMENT AMONG
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT
UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
CALIFORNIA HIGHWAY PATROL
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
RIVERSIDE POLICE DEPARTMENT
SAN BERNARDINO POLICE DEPARTMENT
FOR THE FORMATION OF A
CLANDESTINE LABORATORY TASK FORCE
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THIS AGREEMENT IS MADE AND ENTERED INTO BY AND AMONG THE
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER "BNE"), THE
DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL
(HEREINAFTER "CHP"), THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
(HEREINAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER
"RPD"), THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER
SBSD), AND THE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD).
WHEREAS, THERE IS OVERWHELMING EVIDENCE THAT ILLICIT
MANUFACTURING OF CONTROLLED SUBSTANCES EXISTS IN THE TWO-COUNTY
GEOGRAPHICAL AREA OF RESPONSIBILITY, AND THAT SUCH ILLEGAL ACTIVITY
HAS A SUBSTANTIAL AND DETRIMENTAL EFFECT ON THE HEALTH AND GENERAL
WELFARE OF THE CITIZENS WITHIN THIS AREA.
WHEREAS, THE PARTIES HERETO ARE DESIROUS OF AGREEING, FOR THEIR
MUTUAL BENEFIT, TO PROVIDE FOR THE FORMATION OF A DRUG ENFORCEMENT
TASK FORCE, KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK
FORCE (HEREINAFTER "TASK FORCE"), LOCATED IN THE CITY OF RIVERSIDE,
WITHIN THE STATE OF CALIFORNIA, FOR THE PURPOSE OF A CONCERTED
EFFORT IN THE INVESTIGATION AND PROSECUTION OF CASES BEFORE THE
COURTS OF THE UNITED STATES AND THE COURTS OF CALIFORNIA,
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INVOLVING ILLICIT LABORATORIES. SAID INVESTIGATION ACTIVITY WILL
TARGET THOSE MANUFACTURING AND TRAFFICKING ORGANIZATIONS OPERATING
IN OR AFFECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OF THE TASK
FORCE ARE TO REDUCE THE SUPPLY OF, AND DEMAND FOR, PRECURSOR
CHEMICALS, LABORATORY EQUIPMENT, AND ILLICIT MANUFACTURERS OF
ILLEGAL DRUGS BY INCREASING THE RISKS INVOLVED IN THE POSSESSION,
MANUFACTURE, TRANSPORTATION, OR SALE OF CONTROLLED SUBSTANCES; TO
IMPROVE THE OPERATIONAL INTER-RELATIONSHIPS OF ALL PARTICIPATING
FEDERAL, STATE, MUNICIPAL, AND COUNTY AGENCIES; TO EFFECTIVELY
ACCUMULATE, ASSIMILATE, AND DISSEMINATE ILLICIT DRUG LABORATORY
INTELLIGENCE AND RELATED CRIMINAL INFORMATION TO APPROPRIATE LAW
ENFORCEMENT AGENCIES IN THE GEOGRAPHICAL AREA; AND
WHEREAS, THE BNE CLANDESTINE LABORATORY PROGRAM IS A PROVEN
METHOD OF DETECTING AND COMBATING THE PROBLEM OF ILLICIT
MANUFACTURING; AND
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE,
CONVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES DO
HEREBY AGREE AS FOLLOWS:
1. THE BNE, DEA, RSD, RPD, SBSD, SBPD, AND CHP WILL, WITH
THEIR OWN LAW ENFORCEMENT PERSONNEL AND EMPLOYEES AS
HEREINAFTER SPECIFIED, PERFORM THE ACTIVITIES AND DUTIES
AS DESCRIBED BELOW:
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A. GATHER AND REPORT INTELLIGENCE DATA RELATING TO
CLANDESTINE LABORATORY OPERATORS;
B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE
CLANDESTINE LABORATORY OPERATORS;
C. CONDUCT ENFORCEMENT OPERATIONS, COVERT AND OVERT, AND
ENGAGE IN SUCH OTHER TRADITIONAL METHODS OF
INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE
CLANDESTINE LABORATORY TASK FORCE RESULT IN EFFECTIVE
PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR
THE COURTS OF THE STATE OF CALIFORNIA;
D. COOPERATE TO PROVIDE LOCAL LAW ENFORCEMENT AND
PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING
NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE TASK
FORCE.
2. AN EXECUTIVE BOARD, CHAIRED BY THE SPECIAL AGENT IN CHARGE
OF THE RIVERSIDE BNE OFFICE AND BOARD MEMBERS WILL INCLUDE
THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND
HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES
HAVING FULL-TIME PERSONNEL ASSIGNED. BOARD MEMBERS SHALL
HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE.
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A. THE EXECUTIVE BOARD SHALL MEET QUARTERLY FOR THE
PURPOSE OF REVIEWING REPORTS RELATIVE TO THE
PROGRESS, FUNCTIONS, AND SPECIAL DUTIES OF THE TASK
FORCE, AND TO EVALUATE ITS EFFECTIVENESS.
B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTE.
C. FINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK
FORCE SHALL REST WITH THE AGENCY PROVIDING THAT
RESOURCE.
D. ALL DEA AGENTS AND ALLIED AGENCY PERSONNEL ASSIGNED
TO THE TASK FORCE SHALL ADHERE TO ALL BNE POLICIES
AND PROCEDURES. FAILURE TO DO SO SHALL BE GROUNDS
FOR DISMISSAL FROM THE TASK FORCE. UNLESS EXPRESSLY
PROVIDED FOR THEREIN, THE POLICY, RULES, PROCEDURES,
AND REGULATIONS OF THE PARENT AGENCY SHALL APPLY.
E. AT NO TIME SHALL DUTIES PERFORMED BY TASK FORCE
AGENTS IN THE INVESTIGATION OF CLANDESTINE LABS
CONFLICT WITH THE BNE AND BUREAU OF FORENSIC SERVICE
(BFS) CLANDESTINE LABORATORY MANUAL OF INSTRUCTION
AND PROCEDURE.
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F. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE
BOARD WILL RESOLVE ANY CONFLICTS THAT MAY ARISE
BETWEEN BNE AND DEA LABORATORY MANUALS.
3. THE ASSIGNMENT OF OFFICERS AND AGENTS TO THE TASK FORCE
WILL BE A FULL-TIME COMMITMENT FOR A PERIOD OF EIGHTEEN
(18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL
AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BNE
AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO
SUPPORT OPERATIONAL GOALS OF THIS AGREEMENT. BNE WILL
COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR
ON AN AS NEEDED BASIS. BNE WILL BE RESPONSIBLE FOR THE
SALARIES AND OVERTIME OF THE BNE PERSONNEL ASSIGNED.
FEDERAL FUNDING MAY BE AVAILABLE ON A CASE-BY-CASE BASIS
FOR PAYMENT OF OVERTIME AND PER DIEM OF ALLIED AGENCY
PERSONNEL WHEN THE ORGANIZED CRIME DRUG ENFORCEMENT TASK
FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AN OCEDTF
AGREEMENT IS IMPLEMENTED, OVERTIME AND PER DIEM IS THE
RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO
SUPPORT THE TASK FORCE WITH RESOURCES ON HAND, AND TO
CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES WITH DEA ON
AN ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE
OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DESKS, CHAIRS,
PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT.
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4. BNE AND DEA AGREE TO UTILIZE THEIR RESPECTIVE FUNDS IN
SUPPORT OF THE ACTIVITIES OF DEPUTIES, OFFICERS AND AGENTS
ASSIGNED TO THE TASK FORCE TO INCLUDE FUNDS FOR THE
PURCHASE OF EVIDENCE AND INFORMATION, INVESTIGATIVE
EQUIPMENT, TRAINING AND OTHER SUPPORT ITEMS. DEA WILL
PROVIDE A FULLY EQUIPPED CLAN LAB TRUCK.
5. PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS
OUTLINED), A VEHICLE SUITABLE FOR UNDERCOVER OPERATION AND
ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTHER,
PARTICIPATING AGENCIES AGREE TO PAY, ON AN ANNUAL BASIS,
THE COSTS ASSOCIATED WITH MEDICAL MONITORING REQUIRED BY
BNE.
6. IT IS THE RESPONSIBILITY OF EACH PARTICIPATING AGENCY TO
ENSURE THAT THEIR OFFICER, DEPUTY OR AGENT POSSESSES A
VALID AND CURRENT CALIFORNIA DRIVERS LICENSE, FIRST AID
CARD AND CPR CARD. EACH PARTICIPANT MUST ALSO BE
PROFICIENT AND MAINTAIN THAT PROFICIENCY IN FIREARMS
QUALIFICATION AS REQUIRED BY THE CALIFORNIA PEACE OFFICER
STANDARDS AND TRAINING COMMISSION OR THEIR PARENT AGENCY.
7. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES OF THOSE
PERSONNEL ASSIGNED ARE AS FOLLOWS:
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A. BNE SPECIAL AGENT SUPERVISOR
A BNE SPECIAL AGENT SUPERVISOR HAVING EXPERIENCE AND
EXPERTISE IN CLANDESTINE LABORATORY INVESTIGATIONS IS
RESPONSIBLE FOR OVERALL ADMINISTRATION AND
SUPERVISION OF THE INLAND EMPIRE CLANDESTINE
LABORATORY TASK FORCE. THE SPECIAL AGENT SUPERVISOR
WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF
THOSE AGENTS, DEPUTIES AND OFFICERS ASSIGNED, PROVIDE
DIRECTION, GUIDANCE, AND TRAINING IN THE CONDUCTING
OF ILLICIT LABORATORY INVESTIGATIONS, PREPARATION OF
BNE INVESTIGATIVE REPORTS AND FURTHER PREPARATION OF
THOSE INVESTIGATIONS FOR SUCCESSFUL PROSECUTION,
FEDERAL OR STATE.
B. FOUR (4) BNE SPECIAL AGENTS, ONE (1) DEA SPECIAL
AGENT, ONE (1) CHP OFFICER, ONE (1) RSD DEPUTY, ONE
(1) RPD OFFICER, (1) SBSD DEPUTY, (1) SBPD OFFICER.
SWORN SPECIAL AGENTS, DEPUTIES AND OFFICERS ASSIGNED
ON A FULL-TIME BASIS TO PERFORM THOSE INVESTIGATIVE
DUTIES NECESSARY, IN ACCORDANCE WITH APPLICABLE
AGENCY DIRECTIVES, TO ACCOMPLISH THOSE ENFORCEMENT
GOALS OF THIS INLAND EMPIRE CLANDESTINE LABORATORY
TASK FORCE. PARTICIPATION IN INVESTIGATIONS OTHER
THAN ILLICIT LABORATORY INVESTIGATIONS BY BNE
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PERSONNEL WILL REQUIRE THE APPROVAL OF THE BNE SAC.
PARTICIPATION BY OTHER TASK FORCE MEMBERS ON
INVESTIGATIONS OTHER THAN CLANDESTINE LABORATORY
CASES WILL REQUIRE APPROVAL FROM THEIR MEMBER AGENCY.
C. SUPPORT PERSONNEL (PART-TIME, AS-NEEDED BASIS): ONE
(1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR,
AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON
A PART-TIME, CASE-BY-CASE BASIS, THE GOALS OF THIS
TASK FORCE IN THE AREAS OF THEIR INDIVIDUAL EXPERTISE.
D. SECRETARIAL SUPPORT
BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO
ACCOMPLISH THE GOALS OF THIS INLAND EMPIRE
CLANDESTINE LABORATORY TASK FORCE.
8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, FURNITURE,
FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR
ACQUIRED WITH BNE FUNDS SHALL BE THE PROPERTY OF BNE AND,
AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST FIELD
OFFICE OF BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED
PROPERTY (SEE PARAGRAPH 114). ANY AND ALL PROPERTY,
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EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER
KIND OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED
AGENCY FUNDS SHALL BE THE PROPERTY OF THAT ALLIED AGENCY
AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST
OFFICE OF THAT AGENCY. ANY SUCH PROPERTY WHICH IS
DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH
NEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED
BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE
DETERMINATION OF THE EXECUTIVE BOARD.
9. THE TASK FORCE SHALL MAINTAIN, ON A CURRENT BASIS,
COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AND
ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS
UNDER THIS AGREEMENT IN ACCORDANCE WITH GENERALLY
ACCEPTABLE ACCOUNTING PRINCIPLES TO FACILITATE ON-SITE
INSPECTION AND AUDITING OF SUCH RECORDS AND ACCOUNTS.
INVESTIGATIVE REPORTING WILL BE ACCOMPLISHED USING BNE
FORMAT AND PROCEDURES IN ACCORDANCE WITH EXISTING BNE
DIRECTIVES. IT IS THE ADDITIONAL RESPONSIBILITY OF THE
BNE SPECIAL AGENT SUPERVISOR TO ENSURE THAT ALL
PARTICIPANTS IN THE TASK FORCE RECEIVE SUFFICIENT TRAINING
TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES.
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10. BNE SHALL PERMIT AND HAVE READILY AVAILABLE FOR
EXAMINATION AND AUDITING BY DEA OR THE UNITED STATES
DEPARTMENT OF JUSTICE, THE CONTROLLER GENERAL OF THE
UNITED STATES, OR ANY OF THEIR DULY AUTHORIZED AGENTS AND
REPRESENTATIVES, ANY AND ALL RECORDS, DOCUMENTS, ACCOUNTS,
INVOICES, RECEIPTS AND EXPENDITURES RELATING TO DEA FUNDS
PURSUANT TO THIS AGREEMENT. IN ADDITION, BNE WILL
MAINTAIN ALL SUCH FOREGOING REPORTS AND RECORDS UNTIL ALL
AUDITS AND EXAMINATIONS ARE COMPLETED AND RESOLVED, OR FOR
A PERIOD OF THREE (3) YEARS AFTER TERMINATION OF THIS
AGREEMENT, WHICHEVER IS SOONER.
11. ALL PARTICIPATING AGENCIES WILL COMPLY WITH TITLE VI OF
THE CIVIL RIGHTS ACT OF 1954, AND ALL REQUIREMENTS IMPOSED
BY OR PURSUANT TO THE REGULATIONS OF THE DEPARTMENT OF
JUSTICE (CFR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT
TO TITLE VI, RELATING TO DISCRIMINATION ON THE GROUNDS OF
RACE, COLOR, CREED, SEX, AGE, SEXUAL PREFERENCE, OR
NATIONAL ORIGIN AND EQUAL EMPLOYMENT OPPORTUNITIES.
12. THE TERM OF THIS AGREEMENT SHALL BE FROM THE DATE OF
EXECUTION, BY BNE, TO EIGHTEEN (18) MONTHS THEREAFTER.
PARTICIPATION IN THE TASK FORCE MAY BE TERMINATED BY ANY
PARTICIPATING AGENCY FOR GOOD CAUSE SHOWN BY NOTICE IN
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WRITING GIVEN TO THE OTHER PARTIES THIRTY (30) DAYS PRIOR
THEREOF. ALL OBLIGATIONS THAT ARE OUTSTANDING ON THE
ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OF ANY
THIRTY (30) DAY NOTICE OF TERMINATION SHALL BE LIQUIDATED
BY BNE WITHIN NINETY (90) DAYS THEREOF. IN NO EVENT SHALL
BNE INCUR ANY NEW OBLIGATIONS DURING THE PERIOD OF NOTICE
OF TERMINATION.
13. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT
RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE
DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE
FOLLOWING SCHEDULE IS EFFECTIVE AFTER DISTRIBUTIONS
REQUIRED BY STATUTE TO INCLUDE ADMINISTRATIVE COSTS WHEN A
FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE
PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED.
BNE 25%
DEA 12.5%
RSD 12.5%
RPD 12.5%
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SPD 12.5%
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SBSD 12.5%
CHP 12.5%
TOTAL 100%
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THE ABOVE SCHEDULE WILL BECOME EFFECTIVE ONLY AFTER THE
PROCEEDS OF THE FIRST $25,225 IN SEIZED ASSETS HAVE BEEN
RECEIVED AND DISTRIBUTED AS FOLLOWS:
RSO 25% $ 6,306
SBSD 25% $ 6,306
RPD 25% $ 6,306
SBPD 25% $ 6,306
100% $25,225
THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON
THE RECEIPT OF ATTAINMENT OF THE $25,225 FIGURE, AT WHICH
TIME THE FORMER SCHEDULE TAKES PRECEDENCE.
14. FOR THE PURPOSE OF INDEMNIFICATION, EACH PARTICIPATING
AGENCY IN THE TASK FORCE SHALL BE RESPONSIBLE FOR THE ACTS
OF ITS PARTICIPATING OFFICER(S) AND SHALL INCUR ANY
LIABILITIES ARISING OUT OF SERVICES AND ACTIVITIES OF
THOSE OFFICERS, WHILE PARTICIPATING IN THE TEAM IN THE
LINE OF DUTY. PERSONNEL ASSIGNED TO THE TASK FORCE SHALL
BE DEEMED TO BE CONTINUING UNDER THE EMPLOYMENT OF THEIR
JURISDICTION AND SHALL HAVE THE SAME POWERS, DUTIES,
PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE
CONFERRED UPON HIM/HER AS AN OFFICER IN THEIR OWN
JURISDICTION.
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15. THE TERM OF THIS AGREEMENT SHALL BE FROM DECEMBER 1, 1988, TO
MAY 31, 1990 (EIGHTEEN [18] MONTHS). THIS AGREEMENT MAY BE
TERMINATED BY ANY OF THE PARTIES FOR GOOD CAUSE SHOWN BY NOTICE
IN VRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IN
ADVANCE.
THE PARTIES, BY THEIR DULY AUTHORIZED OFFICIALS, HAVE EXECUTED
THIS MEMORANDUM OF UNDERSTANDING ON THE RESPECTIVE DATE(S)
INDICATED BELOW.
Phil ~~ in Charge
California Bureau of Narcotic Enforcement
Riverside Field Office
/z/~/~8
Date
; a/
;4~ijhn/~;: r-!1{)
City Clerk
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
St~t of California
By: _ -A 1- .I /1,#
Ma or~ /~/~I/?r
ATTEST:
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~7 7~
o
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Attadnalt #1
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
Captain Dan Robbins, Police Department
FROM:
Henry Empeno, Jr., Deputy City Attorney
DATE:
September 15, 1988
RE:
Expenditures of Asset Forfeiture Funds
This memo is in response to your request dated August 18,
1988 for our opinion regarding expenditures of asset forfeiture
funds, i.e. funds accumulated by the City from its 65% share
under Health & Safety Code Section 11489(b)(2)(A). Specifically,
you question for what purposes can the City's Police Department
spend forfeiture funds.
Only two legal authorities specifically reference the City's
expenditures of asset forfeiture funds:
1. San Bernardino Municipal Code Section 2.70.060(B)
entitled "Sale of Forfeited Property" provides:
"B. The proceeds from the sale of such
forfeited property shall be deposited in the
Special Deposits Fund of the City in a
special acount designated by the Director of
Finance and thereafter be disbursed by the
department with the authorization of the City
Administrator pursuant to the applicable City
procedures and state and/or Federal laws."
2. Health and Safety Code Section ll489(d) states:
"(d) All the funds distributed to the state
or local governmental entity pursuant to
subparagraphs (A) and (B) of paragraph (2) of
subdivision (b) shall not supplant any state
or local funds that would, in the absence of
this subdivision, be made available to
support the law enforcement and prosecutorial
efforts of these agencies."
Although Federal asset forfeiture laws are similar, only
state and local laws guide the City's actions in this particular
case.
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Under state and local laws, the police department, with the
authorization of the City Administrator, can spend asset
forfeiture funds for any law enforcement purpose as long as these
funds are supplemental to the present police department budget.
Thus, the police department can spend these funds on police
equipment, police vehicles, specialized training, and personnel
salaries not normally funded or required in the police department
budget.
Please contact me if I can be of further assistance on this
or any other matter.
He~!:r:o/
Deputy City Attorney
HE/dys
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Attachrent #2
AGREEMENT AMONG
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT
UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
CALIFORNIA HIGHWAY PATROL
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
RIVERSIDE POLICE DEPARTMENT
SAN BERNARDINO POLICE DEPARTMENT
FOR THE FORMATION OF A
CLANDESTINE LABORATORY TASK PORCE
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THIS AGREEMENT IS MADE AND ENTERED INTO BY AND AMONG THE
CALIFORNIA BUREAU OF NARCOTIC ENFORCEMENT (HEREINAFTER "BNE"), THE
DRUG ENFORCEMENT ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
JUSTICE (HEREINAFTER "DEA"), THE CALIFORNIA HIGHWAY PATROL
(HEREINAFTER "CHP"), THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
(HEREINAFTER "RSD"), THE RIVERSIDE POLICE DEPARTMENT (HEREINAFTER
"RPD"), THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT (HEREINAFTER
SBSD), AND THE SAN BERNARDINO POLICE DEPARTMENT (HEREINAFTER SBPD).
WHEREAS, THERE IS OVERWHELMING EVIDENCE THAT ILLICIT
MANUFACTURING OF CONTROLLED SUBSTANCES EXISTS IN THE TWO-COUNTY
GEOGRAPHICAL AREA OF RESPONSIBILITY, AND THAT SUCH ILLEGAL ACTIVITY
HAS A SUBSTANTIAL AND DETRIMENTAL EFFECT ON THE HEALTH AND GENERAL
WELFARE OF THE CITIZENS WITHIN THIS AREA.
WHEREAS, THE PARTIES HERETO ARE DESIROUS OF AGREEING, FOR THEIR
MUTUAL BENEFIT, TO PROVIDE FOR THE FORMATION OF A DRUG ENFORCEMENT
TASK FORCE, KNOWN AS THE INLAND EMPIRE CLANDESTINE LABORATORY TASK
FORCE (HEREINAFTER "TASK FORCE"), LOCATED IN THE CITY OF RIVERSIDE,
WITHIN THE STATE OF CALIFORNIA, FOR THE PURPOSE OF A CONCERTED
EFFORT IN THE INVESTIGATION AND PROSECUTION OF CASES BEFORE THE
COURTS OF THE UNITED STATES AND THE COURTS OF CALIFORNIA,
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INVOLVING ILLICIT LABORATORIES. SAID INVESTIGATION ACTIVITY WILL
TARGET THOSE MANUFACTURING AND TRAFFICKING ORGANIZATIONS OPERATING
IN OR AFFECTING THIS GEOGRAPHICAL AREA. THE OBJECTIVES OF THE TASK
FORCE ARE TO REDUCE THE SUPPLY OF, AND DEMAND FOR, PRECURSOR
CHEMICALS, LABORATORY EQUIPMENT, AND ILLICIT MANUFACTURERS OF
ILLEGAL DRUGS BY INCREASING THE RISKS INVOLVED IN THE POSSESSION,
MANUFACTURE, TRANSPORTATION, OR SALE OF CONTROLLED SUBSTANCES; TO
IMPROVE THE OPERATIONAL INTER-RELATIONSHIPS OF ALL PARTICIPATING
FEDERAL, STATE, MUNICIPAL, AND COUNTY AGENCIES; TO EFFECTIVELY
ACCUMULATE, ASSIMILATE, AND DISSEMINATE ILLICIT DRUG LABORATORY
INTELLIGENCE AND RELATED CRIMINAL INFORMATION TO APPROPRIATE LAW
ENFORCEMENT AGENCIES IN THE GEOGRAPHICAL AREA; AND
WHEREAS, THE BNE CLANDESTINE LABORATORY PROGRAM IS A PROVEN
METHOD OF DETECTING AND COMBATING THE PROBLEM OF ILLICIT
MANUFACTURING; AND
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISE,
CONVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES DO
HEREBY AGREE AS FOLLOWS:
1. THE BNE, DEA, RSD, RPD, SBSD, SBPD, AND CHP WILL, WITH
THEIR OWN LAW ENFORCEMENT PERSONNEL AND EMPLOYEES AS
HEREINAFTER SPECIFIED, PERFORM THE ACTIVITIES AND DUTIES
AS DESCRIBED BELOW:
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A. GATBER AND REPORT INTELLIGENCE DATA RELATING TO
CLANDESTINE LABORATORY OPERATORS;
B. INVESTIGATE AND REPORT INSTANCES INVOLVING THE
CLANDESTINE LABORATORY OPERATORS;
C. CONDUCT ENFORCEMENT OPERATIONS, COVERT AND OVERT, AND
ENGAGE IN SUCH OTHER TRADITIONAL METHODS OF
INVESTIGATION IN ORDER THAT THE ACTIVITIES OF THE
CLANDESTINE LABORATORY TASK FORCE RESULT IN EFFECTIVE
PROSECUTION BEFORE THE COURTS OF THE UNITED STATES OR
THE COURTS OF THE STATE OF CALIFORNIA;
D. COOPERATE TO PROVIDE LOCAL LAW ENFORCEMENT AND
PROSECUTORIAL PERSONNEL WITH SPECIALIZED TRAINING
NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE TASK
FORCE.
2. AN EXECUTIVE BOARD, CHAIRED BY THE SPECIAL AGENT IN CHARGE
OF THE RIVERSIDE BNE OFFICE AND BOARD MEMBERS WILL INCLUDE
THE RESIDENT AGENT IN CHARGE OF THE DEA FIELD OFFICE AND
HEADS OF AGENCIES OR DESIGNEES OF THOSE OTHER AGENCIES
HAVING FULL-TIME PERSONNEL ASSIGNED. BOARD MEMBERS SHALL
HAVE THE AUTHORITY TO REGULATE AND MANAGE THE TASK FORCE.
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A. THE EXECUTIVE BOARD SHALL MEET QUARTERLY FOR THE
PURPOSE OF REVIEWING REPORTS RELATIVE TO THE
PROGRESS, FUNCTIONS, AND SPECIAL DUTIES OF THE TASK
FORCE, AND TO EVALUATE ITS EFFECTIVENESS.
B. EACH BOARD MEMBER SHALL HAVE ONE (1) VOTE.
C. FINAL AUTHORITY OVER RESOURCES DEDICATED TO THE TASK
FORCE SHALL REST WITH THE AGENCY PROVIDING THAT
RESOURCE.
D. ALL DEA AGENTS AND ALLIED AGENCY PERSONNEL ASSIGNED
TO THE TASK FORCE SHALL ADHERE TO ALL BRE POLICIES
AND PROCEDURES. FAILURE TO DO SO SHALL BE GROUNDS
FOR DISMISSAL FROM THE TASK FORCE. UNLESS EXPRESSLY
PROVIDED FOR THEREIN, THE POLICY, RULES, PROCEDURES,
AND REGULATIONS OF THE PARENT AGENCY SHALL APPLY.
E. AT NO TIME SHALL DUTIES PERFORMED BY TASK FORCE
AGENTS IN THE INVESTIGATION OF CLANDESTINE LABS
CONFLICT WITH THE BNE AND BUREAU OF FORENSIC SERVICE
(BFS) CLANDESTINE LABORATORY MANUAL OF INSTRUCTION
AND PROCEDURE.
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F. THE DEA AND BNE REPRESENTATIVES TO THE EXECUTIVE
BOARD WILL RESOLVE ANY CONFLICTS THAT MAY ARISE
BETWEEN BNE AND DEA LABORATORY MANUALS.
3. THE ASSIGNMENT OF OFFICERS AND AGENTS TO THE TASK FORCE
WILL BE A FULL-TIME COMMITMENT FOR A PERIOD OF EIGHTEEN
(18) MONTHS. THE BNE AGREES TO COMMIT ONE (1) BNE SPECIAL
AGENT SUPERVISOR, FOUR (4) BNE SPECIAL AGENTS, ONE (1) BNE
AUDITOR AND SECRETARIAL SUPPORT TO THE EXTENT NECESSARY TO
SUPPORT OPERATIONAL GOALS OF THIS AGREEMENT. BNE WILL
COMMIT A SPECIAL AGENT FINANCIAL SPECIALIST AND AN AUDITOR
ON AN AS NEEDED BASIS. BNE WILL BE RESPONSIBLE FOR THE
SALARIES AND OVERTIME OF THE BNE PERSONNEL ASSIGNED.
FEDERAL FUNDING MAY BE AVAILABLE ON A CASE-BY-CASE BASIS
FOR PAYMENT OF OVERTIME AND PER DIEM OF ALLIED AGENCY
PERSONNEL WHEN THE ORGANIZED CRIME DRUG ENFORCEMENT TASK
FORCE PROGRAM (OCDETF) CRITERIA IS MET. UNTIL AN OCEDTF
AGREEMENT IS IMPLEMENTED, OVERTIME .AND PER DIEM IS THE
RESPONSIBILITY OF THE PARTICIPATING AGENCY. BNE AGREES TO
SUPPORT THE TASK FORCE WITH RESOURCES ON HAND, AND TO
CONTINUE TO SHARE CHEMICAL DISPOSAL EXPENSES WITH DEA ON
AN ALTERNATING-CASE BASIS. BNE FURTHER AGREES TO PROVIDE
OFFICE SPACE, OFFICE SUPPLIES, TELEPHONES, DESKS, CHAIRS,
PORTABLE RADIOS, AND LAB SAFETY EQUIPMENT.
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4. BRB AND DBA AGREE TO UTILIZE THEIR RESPECTIVE FUNDS IN
SUPPORT OF THE ACTIVITIES OF DEPUTIES, OFFICERS AND AGENTS
ASSIGNED TO THE TASK FORCE TO INCLUDE FUNDS FOR THE
PURCHASE OF EVIDENCE AND INFORMATION, INVESTIGATIVE
EQUIPMENT, TRAINING AND OTHER SUPPORT ITEMS. DEA WILL
PROVIDE A FULLY EQUIPPED CLAN LAB TRUCK.
5. PARTICIPATING AGENCIES AGREE TO PROVIDE MANPOWER (AS
OUTLINED), A VEHICLE SUITABLE FOR UNDERCOVER OPERATION AND
ASSOCIATED COSTS, BODY ARMOR, AND RAID JACKET. FURTHER,
PARTICIPATING AGENCIES AGREE TO PAY, ON AN ANNUAL BASIS,
THE COSTS ASSOCIATED WITH MEDICAL MONITORING REQUIRED BY
BNE.
6. IT IS THE RESPONSIBILITY OF EACH PARTICIPATING AGENCY TO
ENSURE THAT THEIR OFFICER, DEPUTY OR AGENT POSSESSES A
VALID AND CURRENT CALIFORNIA DRIVERS LICENSE, FIRST AID
CARD AND CPR CARD. EACH PARTICIPANT MUST ALSO BE
PROFICIENT AND MAINTAIN THAT PROFICIENCY IN FIREARMS
QUALIFICATION AS REQUIRED BY THE CALIFORNIA PEACE OFFICER
STANDARDS AND TRAINING COMMISSION OR THEIR PARENT AGENCY.
7. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES OF THOSE
PERSONNEL ASSIGNED ARE AS FOLLOWS:
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A. BNE SPECIAL AGENT SUPERVISOR
A BNE SPECIAL AGENT SUPERVISOR HAVING EXPERIENCE AND
EXPERTISE IN CLANDESTINE LABORATORY INVESTIGATIONS IS
RESPONSIBLE FOR OVERALL ADMINISTRATION AND
SUPERVISION OF THE INLAND EMPIRE CLANDESTINE
LABORATORY TASK FORCE. THE SPECIAL AGENT SUPERVISOR
WILL ALSO BE RESPONSIBLE FOR FIELD SUPERVISION OF
THOSE AGENTS, DEPUTIES AND OFFICERS ASSIGNED, PROVIDE
DIRECTION, GUIDANCE, AND TRAINING IN THE CONDUCTING
OF ILLICIT LABORATORY INVESTIGATIONS, PREPARATION OF
BNE INVESTIGATIVE REPORTS AND FURTHER PREPARATION OF
THOSE INVESTIGATIONS FOR SUCCESSFUL PROSECUTION,
FEDERAL OR STATE.
B. FOUR (4) BNE SPECIAL AGENTS, ONE (1) DEA SPECIAL
AGENT, ONE (1) CHP OFFICER, ONE (1) RSD DEPUTY, ONE
(1) RPD OFFICER, (1) SBSD DEPUTY, (1) SBPD OFFICER.
SWORN SPECIAL AGENTS, DEPUTIES AND OFFICERS ASSIGNED
ON A FULL-TIME BASIS TO PERFORM THOSE INVESTIGATIVE
DUTIES NECESSARY, IN ACCORDANCE WITH APPLICABLE
AGENCY DIRECTIVES, TO ACCOMPLISH THOSE ENFORCEMENT
GOALS OF THIS INLAND EMPIRE CLANDESTINE LABORATORY
TASK FORCE. PARTICIPATION IN INVESTIGATIONS OTHER
THAN ILLICIT LABORATORY INVESTIGATIONS BY BNE
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PERSONNEL WILL REQUIRE THE APPROVAL OF THE BNE SAC.
PARTICIPATION BY OTHER TASK FORCE MEMBERS ON
INVESTIGATIONS OTHER THAN CLARDESTINE LABORATORY
CASES WILL REQUIRE APPROVAL FROM THEIR MEMBER AGENCY.
C. SUPPORT PERSONREL (PART-TIME, AS-NEEDED BASIS): ONE
(1) BNE AUDITOR, ONE (1) DEA DIVERSION INVESTIGATOR,
AND ONE (1) DEA INTELLIGENCE ANALYST WILL SUPPORT, ON
A PART-TIME, CASE-BY-CASE BASIS, THE GOALS OF THIS
TASK FORCE IN THE AREAS OF THEIR INDIVIDUAL EXPERTISE.
D. SECRETARIAL SUPPORT
BNE WILL PROVIDE NECESSARY ADMINISTRATIVE SUPPORT TO
ACCOMPLISH THE GOALS OF THIS INLAND EMPIRE
CLANDESTINE LABORATORY TASK FORCE.
8. ANY AND ALL PROPERTY, EQUIPMENT, AUTOMOBILES, FURNITURE,
FURNISHINGS OF WHATEVER KIND OR DESCRIPTION, PURCHASED OR
ACQUIRED WITH BNE FUNDS SHALL BE THE PROPERTY OF BNE AND,
AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST FIELD
OFFICE OF BNE. THIS STATEMENT DOES NOT INCLUDE SEIZED
PROPERTY (SEE PARAGRAPH #14). ANY AND ALL PROPERTY,
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EQUIPMENT, AUTOMOBILES, FURNITURE, FURNISHINGS OF WHATEVER
KIRD OR DESCRIPTION, PURCHASED OR ACQUIRED WITH ALLIED
AGENCY FUNDS SHALL BE THE PROPERTY OF THAT ALLIED AGENCY
AND, AT THE TERMINATION OF THIS AGREEMENT AND WITH NO NEW
AGREEMENT REACHED, SHALL BE DELIVERED TO THE NEAREST
OFFICE OF THAT AGENCY. ANY SUCH PROPERTY WHICH IS
DAMAGED, BROKEN, MISPLACED, LOST OR STOLEN, THROUGH
NEGLIGENCE OR WRONGFUL ACT, SHALL BE REPAIRED OR REPLACED
BY THE AGENCY OF THE RESPONSIBLE EMPLOYEE, AT THE
DETERMINATION OF THE EXECUTIVE BOARD.
9. THE TASK FORCE SHALL MAINTAIN, ON A CURRENT BASIS,
COMPLETE AND ACCURATE INVESTIGATIVE REPORTS, RECORDS, AND
ACCOUNTS OF ALL OBLIGATIONS AND EXPENDITURES OF FUNDS
UNDER THIS AGREEMENT IN ACCORDANCE WITH GENERALLY
ACCEPTABLE ACCOUNTING PRINCIPLES TO FACILITATE ON-SITE
INSPECTION AND AUDITING OF SUCH RECORDS AND ACCOUNTS.
INVESTIGATIVE REPORTING WILL BE ACCOMPLISHED USING BNE
FORMAT AND PROCEDURES IN ACCORDANCE WITH EXISTING BNE
DIRECTIVES. IT IS THE ADDITIONAL RESPONSIBILITY OF THE
BNE SPECIAL AGENT SUPERVISOR TO ENSURE THAT ALL
PARTICIPANTS IN THE TASK FORCE RECEIVE SUFFICIENT TRAINING
TO SATISFACTORILY COMPLETE THE ABOVE REPORTING PROCEDURES.
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10. BRE SHALL PERMIT AND HAVE READILY AVAILABLE POR
BX&MIRATIOR AND AUDITING BY DBA OR THB URITED STATES
DEPARTMENT OF JUSTICE, THE CONTROLLER GENERAL OP THE
UNITED STATES. OR ANY OF THEIR DULY AUTHORIZED AGENTS AND
REPRESENTATIVES, ANY AND ALL RECORDS. DOCUMENTS. ACCOUNTS,
INVOICES. RECEIPTS AND EXPENDITURES RELATIRG TO DEA PUNDS
PURSUANT TO THIS AGREEMENT. IN ADDITIOR. BNE WILL
MAINTAIN ALL SUCH FOREGOING REPORTS AND RECORDS UNTIL ALL
AUDITS AND EXAMINATIORS ARE COMPLETED AND RESOLVED. OR FOR
A PERIOD OF THREE (3) YEARS AFTER TERMINATION OF THIS
AGREEMERT, WHICHEVER IS SOONER.
11. ALL PARTICIPATING AGENCIES WILL COMPLY WITH TITLE VI OF
THE CIVIL RIGHTS ACT OF 1954, AND ALL REQUIREMENTS IMPOSED
BY OR PURSUANT TO THE REGULATIONS OP THE DEPARTMENT OF
JUSTICE (CFR, PART 42, SUBPARTS C AND D) ISSUED PURSUANT
TO TITLE VI. RELATING TO DISCRIMINATION ON THE GROUNDS OF
RACE, COLOR, CREED, SEX. AGE, SEXUAL PREFERENCE, OR
NATIONAL ORIGIN AND EQUAL EMPLOYMENT OPPORTUNITIES.
12. THE TERM OF THIS AGREEMERT SHALL BE FROM THE DATE OF
EXECUTION. BY BNE, TO EIGHTEEN (18) MONTHS THEREAFTER.
PARTICIPATION IN THE TASK FOICE MAY BE TERMINATED BY ANY
PARTICIPATING AGENCY FOR GOOD CAUSE SHOWN BY NOTICE IN
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WRITING GIVEN TO THE OTHER PARTIES THIRTY (30) DAYS PRIOR
THBREOP. ALL OBLIGATIONS THAT ARE OUTSTANDING ON THE
ABOVE-PRESCRIBED TERMINATION DATE OR ON THE DAY OP ANY
THIRTY (30) DAY NOTICE OF TERMINATION SHALL BE LIQUIDATED
BY BNE WITHIN NINETY (90) DAYS THEREOF. IN RO EVENT SHALL
BRE INCUR ANY NEW OBLIGATIONS DURING THE PERIOD OF NOTICE
OF TERMINATION.
13. ALL ASSETS SEIZED UNDER STATE OR FEDERAL STATUTES, THAT
RESULT IN A RETURN OF FUNDS OR PROPERTY, SHALL BE
DISTRIBUTED ACCORDING TO EXECUTIVE DIRECTIVE. THE
FOLLOWING SCHEDULE IS EFFECTIVE ,AFTER DISTRIBUTIORS
REQUIRED BY STATUTE TO INCLUDE ADMINISTRATIVE COSTS WHEN A
FEDERAL FORFEITURE, AND PAYMENT TO A NON-TASK FORCE
PARTICIPATING AGENCY, IF APPLICABLE, IS HONORED.
BNE 25%
DBA 12.5%
RSD 12.5%
RPD 12.5%
& 12.5%
SPD
A
SBSD 12.5%
CHP 12.5%
TOTAL 100%
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rD. ABOVB SCHEDULE WILL BECOKE EPPECTIVE ONLY AFTER THE
P.OCEBDS OP THE FIRST $25,225 IR SEIZED ASSETS HAVE BEEN
RECEIVED AND DISTRIBUTED AS FOLLOWS:
RSO 25% $ 6,306
SBSD 25% $ 6,306
RPD 25% $ 6,306
SBPD 25% $ 6,306
100% $25,225
THIS SCHEDULE IS A ONE-TIME COMMITMENT AND IS VOID UPON
THE RECEIPT OF ATTAIRMENT OF THE $25,225 PIGURE, AT WHICH
TIME THE FORMER SCHEDULE TAKES PRECEDENCE.
14. FOR THE PURPOSE OF INDEMNIFICATION, EACH PARTICIPATING
AGENCY IN THE TASK FORCE SHALL BE RESPONSIBLE FOR rHE ACTS
OP ITS PARTICIPATING OPFICER(S) AND SHALL INCUR AMY
LIABILITIES ARISING OUT OP SERVICES AND ACTIVITIES OP
THOSE OFFICERS, WHILE PARTICIPATING IN THE TEAK IN THE
LINE OF DUTY. PERSONNEL ASSIGNED TO THE TASK FORCE SHALL
BE DEEMED TO BE CONTINUING UNDER THE EMPLOYKENT OP THEIR
JURISDICTION AND SHALL HAVE THE SAME POWERS, DUTIES,
PRIVILEGES, RESPONSIBILITIES AND IMMUNITIES AS ARE
CORFERRED UPON HIM/HER AS AN OFFICER IN THEIR OWN
JURISDICTION.
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15. THE TEaM OP THIS AGREEMERT SHALL BE FROM DECEMBER 1, 1988, TO
MAY 31. 1990 (EIGHTEEN [18] MONTHS). THIS AGREEMENT MAY BE
TERMINATED BY ANY OF THE PARTIES POR GOOD CAUSE SHOWR BY NOTICE
IN VRITING GIVEN TO THE EXECUTIVE BOARD THIRTY (30) DAYS IR
ADVANCE.
THE PARTIES, BY THEIR DULY AUTHORIZED OPPICIALS, HAVE EXECUTED
THIS MEMORANDUM or UNDERSTANDING OR THE RESPECTIVE DATE(S)
INDICATED BELOW.
Phil ~~ in Charge
California Bureau of Narcotic Enforcement
Riverside Field Office
Iz/~188
Date
ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
By:
Mayor
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
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Attachment #3
4 ~..'CITY OF SAN BERNARDINO - MEMORANDUM
To CAPTAIN D. ROBBINS
From LT. L. RICHARDS
Su~ect INLAND EMPIRE CLANDESTINE LAB TASK FORCE
Date 9-16-88
APprovedV
Date
I recommend that a Detective P-2 be assigned to the newly formed Bureau
of Narcotic Enforcement Inland Empire Clandestine Lab Task Force based
in Riverside.
The officer would be assigned for a period of 18 months. The officer
can be assigned to the task force from the current authorized budget
P-2 position in the Narcotics Division.
The officer's wages and fringe benefits are in the current 1988/89
budget and will be requested in the 1989/90 budget.
The other costs to be incurred will be overtime, car lease, gas, oil,
medical examinations and training.
The overtime will be paid by the task force as per agreement and the
other costs can be paid from the asset forfeiture fund.
The cost breakdown is as follows:
Budgeted city funds for 18 months
$59,674.68
20,399.76
$80,074.44
wages (including 6% pay raise)
fringe benefits
State task force funds
$ 6,450.00
overtime
Asset forfeiture funds
$ 6,300.00
2,700.00
1,727.60
200.00
$10,927.60
car lease
gas and oil
training
medical exam
$97,452.04
Total cost for 18 months
I- _ ".': ~t rrv
Attacl1rent #4
.. I. ~
OF SAN BERNARDINO
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MEMORANDUM
To Chief Donald J. Burnett
From Captain D.A. Robbins
Date 29-Sep-88
Subject Clandestine Laboratory Task Force Program/
Personnel Funding
Approved
Date
Program funding will be handled through the Finance Department. There will
be a special account established similar to the manner in which grant funds
are handl ed. Every qua rter a check wi 11 be made out to the City of San
Berna rdi no from the Asset Sei zu re Fund, and eha rged as a ered; t to the
account. Thi s wi 11 allow for proper track ing and monitori ng of funds as
stated by the Director of Finance, Andrew Green.
DAR/pg