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HomeMy WebLinkAbout31-Police Department CITY OF SAN BERN. '"'DINO - REQUEST Fr"l COUNCIL ACTION From: Daniel A. Robbins, Chief of PoliceSubject: Jept: Police Jate: July 6, 1994 Continued police participation in the Inland Regional Apprehension Team (I-RAT) . ,ynopsis of Previous Council action: Resolution No. 93-288 was approved on August 6, 1993, authorizing the Chief of Police to execute on behalf of the City of San Bernardino an agreement with the Federal Bureau of Investigation to participate in a multi-agency violent crime task force known as the San Bernardino County Violent Crime Task Force. This agreement was ultimately signed by all parties and became effective on October 14, 1993. ~ecommended motion: Adopt resolution. ontact person: Robert Curtis Phone: 384-5606 upporting data atteched: yes Ward: UNDING REQUIREMENTS: Amount: none Source: Finance: ouncil Notes: i-0262 Agenda Item No.3.J CITY OF SAN BERNI -~DINO - REQUEST FC i COUNCIL ACTION STAFF REPORT On October 14, 1993, the San Bernardino Police Department and the Federal Bureau of Investigation entered into a memorandum of understanding to participate in a multi-agency violent crime task force initially known as the San Bernardino County Violent Crime Task Force. The mission of the task force was to investigate bank robberies with a focus on take overs and serial robberies, car- jackings, and violent crime fugitives in San Bernardino county and affect the apprehension of the individuals responsible for these crimes. The task force has since been redefined as the Inland Regional Apprehension Team (I-RAT) whose mission is to maximize interagency coordination and cooperation among participating agencies in order to direct the combined resources of those agencies primarily toward the investigation of bank robberies with focus on take overs and serial robberies, violent crime fugitives, including parolees at large (PALs), and carjackings in the Inland Empire, and affect the apprehension of the individuals responsible for such violations. The redefined task force is currently comprised of the FBI, the San Bernardino Police Department, the Riverside Police Department, and the California Department of Corrections and Parole. The San Bernardino Police Department placed one detective on the task force which authorized the task force to work cases occurring in the City of San Bernardino. Our participation enhances the efforts of the task force and contributes to the overall efforts of the police department in the apprehension of criminals committing violent crimes. Since Augu~t, 1993, the task force has apprehended 22 robbery suspects, n~ne for bank robbery, one murder suspect, two carjacking suspects, eight federal fugitives, and over 50 warrant arrests for offenses which include parolees at large, violent assaults, shooting at inhabited dwellings, narcotic offenses, and weapons violations. In addition, the task force assisted the San Bernardino Sheriff's Department, Victorville sub station in a six week robbery surveillance and saturation program which resulted in over 430 arrests, including 22 arrests for robbery. The salary and benefits of the assigned detective will again be absorbed from the department's approved compliment of sworn officers with no additional positions being added. Overtime reimbursement will be paid by the FBI subject to the availability of required funding and renewal of the federal budget for fiscal year '94-95. All required equipment and training will be provided by the FBI. The term for the initial memorandum of understanding was for a one year period from the date the memorandum was signed by each agency, or until terminated at any time by either party. The term for the -.0264 CITY OF SAN BERNI ~DINO - REQUEST F( ., COUNCIL ACTION STAFF REPORT revised MOD is for the duration of the Inland Regional Apprehension Team Task Force on Violent Crime which may be terminated at any time by any of the participating agencies by providing a 3D-day written notice of intent to withdraw to all other participating agencies. . . ,.0264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CONTINUED POLICE PARTICIPATION IN THE INLAND REGIONAL APPREHENSION TEAM (I-RAT). SECTION 1: The Chief of Police of the City of San Bernardino is hereby authorized and directed to execute on behalf of said city to renew the agreement with the Federal Bureau of Investigation to participate in a multi-agency violent crime task force known as the Inland Regional Apprehension Team (I-RAT) task force on violent crime. The mission of I-RAT is to achieve maximum coordination and cooperation among participating agencies in order to direct the combined resources of those agencies primarily towards the investigation of bank robberies with focus on take overs and serial robberies, violent crime fugitives including parolees at large (PALs), and carjackings in the Inland Empire and affect the apprehension of the individuals responsible for such violations. A copy of the proposed memorandum of understanding is attached hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2: The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within 120 days of the passage of this resolution. III III 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 CONTINUED POLICE PARTICIPATION IN THE INLAND REGIONAL APPREHENSION TEAM (I-RAT). COUNCILMEMBERS AYES NAYS ABSTAIN ABSENI' NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER Rachel Clark, City Clerk The foregoing resolution is hereby approved this of , 1994. TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City A orney /) By: &:1 fiJ/:f'1717 . INLAND EMPIRE VIOLENT CRIME TASK FORCE MEMORANDUM OF UNDERSTANDING PREAMBLE: This Memorandum of Understanding (MOU) is entered into by the Federal Bureau of Investigation (FBI) and other state and local law enforcement agencies within the Inland Empire area (Riverside and San Bernardino Counties). PURPOSE: This MOU establishes and delineates the mission of the Inland Regional Apprehension Team (I-RAT), as a joint cooperative effort. Additionally this MOU will formalize relationships between the participating agencies for policy, guidance, and planning. This agreement exists in order to maximize interagency cooperation and create a close knit unit capable of addressing violent crime problems including bank robbery, violent fugitives, and carjackings facing local, state, and Federal law enforcement in the Inland Empire area. It is the desire of the participating agencies to achieve maximum coordination and cooperation in bringing to bear their combined resources during this effort. MISSION: The mission of I-RAT is to achieve maximum coordination and cooperation among participating agencies in order to direct the combined resources of those agencies primarily towards the investigation of bank robberies, with focus on take overs and serial robberies, violent crime fugitives, including Paroles at Large (PALS), and carjackings within the Inland Empire and effect the apprehension of the individuals who are responsible for such violations. ORGANIZATIONAL STRUCTURE: A. PARTICIPATION: I-RAT will consist of Special Agents of the FBI, Officers of the San Bernardino Police Department, Agents of the Department of Corrections Parole Division, and any law enforcement agency wishing to participate. Further, all cases generated by this task force requiring prosecution input will be referred to the United States Attorney's Office (USA) for the Central District of California (CDC) or the respective county District Attorney's Office. - 1 - B. DIRECTION: All participants acknowledge that I-RAT is a joint operation with all agencies acting as partners in the operation of the task force. The policy, program involvement and direction shall be the joint responsibility of an executive board, comprised of agency heads, or their representatives, of participating agencies. The executive board shall meet at least annually to review task force effectiveness and to discuss policy matters related to this task force. Each participating agency will provide a representative, preferably of supervisory rank, who will attend regular monthly meetings as to the status of I-RAT's direction, priorities, and accomplishments. This assigned representative will be responsible for monitoring the activities and progress of that agency's personnel actively involved in I-RAT. The FBI will handle oversight responsibilities for I-RAT investigations and will coordinate all investigative efforts with the participating agencies as they relate to I-RAT. All investigations will be conducted in accordance with the Attorney General's guidelines for general crimes, violent crimes, and racketeering enterprise investigations. c. SUPERVISION: Day to day supervision of matters pertaining to the Task Force will be the responsibility of the FBI Senior Supervisory Resident Agent (SSRA) of the FBI's Riverside Resident Agency, or his designated program manager. Responsibility for the conduct of I-RAT members, both personal and professionally shall remain with the respective agency heads. D. CHAIN OF COMMAND: Operational problems will be mutually addressed and resolved by the assigned supervisors/program manager. If issues arise which cannot be resolved to the mutual satisfaction of the investigative personnel assigned to I-RAT, the issue will be presented to the designated agency's next higher supervisor(s). It is agreed that the resolution of the operational problems will be addressed and resolved at the lowest level possible in the best interest of I-RAT. - 2 - E. RESOURCE CONTROL: Specific control over I-RAT resources, including personnel and the continued dedication of such resources shall be retained by the participating agency heads, who will be kept apprised of all investigative developments by their respective subordinates. Assignments of members of the task force will be full time. FORFEITURES/SEIZED PROPERTY: All money and property seized or forfeited under asset forfeiture laws or codes as a result of I-RAT investigation will be equitably divided among the participating agencies. State and Federal asset seizure programs will be utilized by 1- RAT. OPERATIONAL SITE AND SUPPORT: A. PHYSICAL LOCATION: The FBI will provide an off-site location space for all I-RAT members. In addition, the FBI will provide all necessary stenographic support. Each participating agency is expected to provide their own clerical, automation, and technical support for their respective task(s). B. VEHICLES All member agencies will provide vehicles for utilization by their personnel to the extent possible. The FBI will provide rental and/or seized vehicles for utilization of 1- RAT members, subject to available funding. A "use agreement" will be executed which will govern the use and liability related to such use of FBI vehicles by I-RAT members. The respective agencies agree to be responsible for any negligent act or omission on the part of their assigned I-RAT members, or its employees, or any liability resulting from the use of said vehicles, as well as any damages incurred to those vehicles as a result of any action or mission on the part of the participating I-RAT member designees or its employees. c. OFFICE EOUIPMENT: The FBI will provide office equipment and supplies necessary to carry out the administrative operation of the I-RAT. Additionally, the FBI will provide other necessary equipment for support of the I-RAT, subject to available funding. - 3 - D. COMMUNICATIONS: The FBI will provide radio equipment enabling members of the I-RAT to communicate with one another. When operating in areas where the use of a member agency's radio frequencies would be beneficial, due to safety and clarity concerns, member agency radios would be utilized if available. OPERATION OF I-RAT A. ASSIGNMENT OF INVESTIGATIVE MATTERS: The I-RAT program manager will assign cases to team members. Cases will be assigned to individual members based on, but not limited to, experience, training, performance, and existing case load. Participating I-RAT members are expected to solicit and obtain investigative matters within the scope of this task force operation from their respective agencies that could be most effectively addressed through I-RAT's merging of agency resources. It is recognized that the merging of multiple agency resources will create a powerful tool that may lend itself to the investigation of violations of law other than those set forth as primary task force directives. Therefore, in those instances where there exists a criminal violation in the personal crimes or property areas, against which the efficient utilization of the task force would have an appreciable impact, the task force may investigate those matters with the concurrence of the executive board. B. PROSECUTION: While the main focus of the task force is the identification, apprehension, and Federal prosecution of bank robbers, violent crime fugitives, and carjackers, it is recognized that occasionally a situation may arise in which task force investigation may result in local court prosecution. The criteria for determining whether to prosecute a particular violation in state or Federal court will focus upon achieving the greatest overall benefit to law enforcement and the public. Any question which arises pertaining to a prosecutive jurisdiction will be resolved only after the issue is discussed with members of the investigative agencies, USA, and the respective County District Attorney's Office. - 4 - In general, the use of investigative methods (search warrants, interceptions of consensually monitored conversations, informant operation) and reporting procedures in connection therewith, will be consistent with the Policy and Procedure of the FBI. Any decision to utilize state search warrants during the course of I-RAT investigations will be coordinated with the USA and respective County District Attorney. C. RECORDS AND REPORTS: 1. All investigative notes and reports will be maintained initially by the respective agencies or collected at the off-site location. Original notes and reports will eventually be maintained by I-RAT agency which assumes primary responsibility for the prosecution of a particular case. All original tape recordings (audio and video) will be maintained by the FBI. 2. Opening case communications, supplemental reports, and case closing communications will be prepared on FBI forms by task force members for all I-RAT investigative activities in order to justify continued Federal funding and to accurately track statistical accomplishments. Non-FBI task force members will be provided with suitable training to familiarize them with the FBI reporting format for I-RAT purposes. 3. The administration of participating agencies will have access to any administrative and investigative records of the task force which pertain to their personnel assigned to the task force subject to any pertinent legal and/or policy restriction on such disclosure. 4. Disclosure of United states Federal Grand Jury material must be done in accordance with Rule 6(e) of the Federal Rules of Criminal Procedure. I-RAT investigations will be conducted in compliance with the Attorney General's guidelines for general crimes, violent crimes, and racketeering enterprise investigations or other applicable state and Federal laws and guidelines. D. INVESTIGATIVE EXCLUSIVITY: It is agreed that matters designated to be handled by I-RAT will not knowingly be subject to non-task force law enforcement efforts. Recognizing the number of specialized entities within each member agency, it is incumbent upon each agency to make proper internal notification regarding I-RAT existence, including its areas of concern. All information developed by each member agency in the course of investigations prior to the establishment of I-RAT, will be referred to - 5 - I-RAT for review and coordination, with approval of a command staff of each member agency. The non-specialized entities of each member agency handle a myriad of different law violations; therefore, I-RAT members will make an effort to remain abreast of law enforcement developments within their respective agencies, to insure that information involving task force matters is referred to I-RAT. It is also agreed that there should be no unilateral action taken on the part of any participating agency relating to I-RAT investigations. All law enforcement action will be coordinated and cooperatively conducted. Task force investigative leads outside the Los Angeles FBI territory will be communicated to other FBI office task forces for investigation. E. CIVIL LIABILITY: Each participating task force agency acknowledges that it is liable for any negligent or wrongful actions or omissions of its employees while they are on duty and acting within the scope of their employment. F. SECURITY CLEARANCE/DEPUTIZATION Due to United States Department of Justice (DOJ), regulations regarding classified information, those members of the Task Force who do not possess top secret clearances previously granted by the FBI/DOJ, will be required to undergo a limited background investigation (Category II) before being granted access to FBI offices, files, and computer systems. All non-Federal personnel will be sworn in as Special Deputy United States Marshals. G. AGENT/OFFICE INVOLVED SHOOTING INCIDENT: In the event of an agent/officer involved Shooting which is a direct result of an I-RAT investigation, the agency of the agent/officer(s) involved in the shooting agrees to allow other I-RAT agencies also having an interest in the matter to conduct collateral investigation of the incident. - 6 - H. INFORMANTS: Attorney General guidelines for the FBI on use of informants and confidential sources will be abided by. The FBI agrees to pay reasonable and necessary informant expenses for informants which are opened and operated in accordance with FBI policies and procedures. MEDIA: All media releases and press conferences regarding activities of I-RAT and its participating members will be mutually agreed upon and coordinated jointly by the SSRA, Riverside RA or his designate, with each respective agency and within its guidelines. DURATION: The term of this MOU is for the duration of the Inland Regional Apprehension Team Task Force on Violent crime. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated at any time by any of the participating agencies, including the FBI, by providing a 30 day written notice of its intent to withdraw to all other participating agencies. Upon termination of I-RAT and the MOU, all equipment will be returned to the supplying agency. DATE SAC CHARLIE J. PARSONS FBI, LOS ANGELES DESIGNATED REPRESENTATIVE CALIFORNIA DEPARTMENT OF CORRECTIONS PAROLE AND COMMUNITY SERVICES DIVISION DATE DANIEL A. ROBBINS, CHIEF SAN BERNARDINO POLICE DEPARTMENT DATE - 7 - KEN FORTIER RIVERSIDE POLICE DEPARTMENT DATE JOHN HOLMES RIVERSIDE CITY MANAGER DATE DATE DATE DATE 8*