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Home My WebLink About2013-089 1 RESOLUTION NO. 2013-89 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM 4 OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO POLICE DEPARTMENT AND THE SAN BERNARDINO COUNTY SHERIFF'S 5 DEPARTMENT TO PARTICIPATE IN THE INLAND REGIONAL NARCOTIC 6 ENFORCEMENT TEAM (IRNET). 7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 8 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby 10 authorize and direct the City Manager, or his designee, to execute on behalf of the City a 11 12 Memorandum of Understanding between the City of San Bernardino Police Department and the 13 San Bernardino County Sheriff's Department Inland Regional Narcotic Enforcement Team 14 (IRNET), a regional narcotic task force comprised of state, federal, and local law enforcement 15 agencies, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by 16 reference as though fully set forth at length. 17 18 SECTION 2. The authorization to execute the above referenced Memorandum of 19 Understanding is rescinded if the parties of the Memorandum of Understanding fail to execute 20 it within ninety(90) days of the passage of this Resolution. 21 /// 22 23 /// 24 /// 25 26 /// 27 /// 28 1 2013-89 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 2 3 Common Council of the City of San Bernardino at a joint regular meeting thereof 4 held on the 20th day of May , 2013, by the following vote, to wit: 5 6 Council Members: AYES NAYES ABSTAIN ABSENT 7 MARQUEZ x 8 JENKINS x 9 VALDIVIA x 10 11 SHORETT x 12 KELLEY x 13 JOHNSON x 14 MCCAMMACK x 15 16 LA.117 17 Georgeati Hanna, Ci Clerk 18 19 The foregoing resolution is hereby approved this are day of May , 2013. 20 21 22 'AT� 's K J. MO '. , Mayyr - San Bernardino 23 24 25 Approved as to form: 26 JAMES F. PENMAN 27 City Attorney 28 By: td._,, •�E 2 2013-89 NA Qiiiir IRNET a ViA -1 0 .4.w r , ,cEMEtil MEMORANDUM OF UNDERSTANDING Inland Regional Narcotics Enforcement Team (IRNET) Revised 02/01/2013 2013-89 TABLE OF CONTENTS PAGE ARTICLE I. NAME 1 ARTICLE II. PURPOSE 1 ARTICLE III. EXECUTIVE BOARD 1 ARTICLE IV. AMENDMENTS TO THE MEMORANDUM 1 OF UNDERSTANDING ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS 1 AND SEIZURE OF ASSETS ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES A. Site Location 2 B. Structural Command 2 C. Case Initiation 2 D. Enforcement Manpower 2 E. Prosecutorial Support 3 F. Equipment Pool 3 G. Request for Assistance 3 H. Reporting Format 3 I. Undercover Documents 3 J. Operating Standards 4 K. Personnel 4 L. Life of this Agreement 4 ARTICLE VII. FISCAL PROCEDURE A. Special Appropriation Fund 4 B. Asset Sharing 5 2013-89 ARTICLE VIII. ADMINISTRATIVE GUIDELINES A. Case Information 5 B. Document Security 5 C. Undercover Documentation 6 D. Firearms 6 E. Qualification 6 F. Other Defensive Equipment 7 G. Press Release 7 H. Release of Information 7 I. Multi-Agency Administrative Concerns 8 J. Administrative Policy 9 ARTICLE IX. INVESTIGATIVE GUIDELINES A. Outside Agencies - Requests for Assistance 9 B. Notification 9 C. Undercover Operations 10 D. Use of Intoxicating Beverages/Drugs 12 E. Investigative Expenses 14 F. Confidential Informant Procedures 14 G. Informant Identification 16 H. Planning Operations Involving Informants 16 I. Undesirable Informants 17 J. Shooting Incidents 17 K. Evidence 17 2013-89 ARTICLE X. FISCAL GUIDELINES A. Payroll Checks and Balances 18 B. Fiscal and Voucher Procedure 18 2013-89 ARTICLE I. NAME A. The name of this organization shall be the Inland Regional Narcotics Enforcement Team (IRNET). ARTICLE II. PURPOSE A. The purposes of this organization are 1. The identification and conviction of high-level drug traffickers and the seizure of assets derived through drug trafficking. 2. The targeting, investigation and prosecution of individuals who organize, direct, finance, or otherwise engage in high-level drug trafficking enterprises, or money laundering with high priority emphasis on those subjects engaged in the importation of drugs for sale into San Bernardino and Riverside Counties. 3. The promotion of coordinated drug enforcement efforts throughout the Inland Region, encouraging maximum cooperation between all law enforcement and prosecutorial agencies. ARTICLE III. EXECUTIVE BOARD A. The affairs of this organization will be directed by an Executive Board. The members of this Board will be the Sheriff of San Bernardino County, the Sheriff of Riverside County, the Chiefs of all participating Police Departments, and the Resident Agents in Charge of participating Federal and State law enforcement agencies and/or their designees. B. Beginning with the January 9, 2013, meeting, all Board meetings will be held bi-monthly on the second Wednesday of the month. All Board meetings will include the following agenda items: budget review, overtime expenditures, case review and new business items. ARTICLE IV. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING A. The Executive Board may amend any Article of this Memorandum of Understanding by a two-thirds (2/3) vote of the quorum. 2013-89 ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS A. This organization shall, as they construct their case investigations, maximize, as possible the identification of assets for forfeiture. Further, the use of both civil and criminal forfeiture statutes will be explored in every instance. It is agreed that a sharing of assets seized will be divided based on the participating agencies' respective contribution to the effort. The following formula, determined by mutual consent, will be utilized: It is agreed that twenty-five percent (25%) of all assets will be returned to the program to recover operating costs. It is agreed that the remaining seventy-five percent (75%) of any assets seized will be divided and returned to eligible IRNET member agencies based on the number of personnel committed. Note: These percentage figures must necessarily be applied after administrative costs are deducted by the appropriate Federal or State agency involved in the forfeiture proceeding. ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES A. Site Location The site location of this project will be as approved by the Board. B. Structural Command The Program Manager will be a designee from the San Bernardino Sheriffs Department with the rank of lieutenant or higher, reporting directly to the Board on all matters of IRNET concern. C. Case Initiation All IRNET investigations shall regularly be reviewed by the Program Manager. Areas of discretion in the setting of priorities for these cases will be determined by, but not limited to, the type of enterprise, the impact on the community, current case load, available manpower and/or equipment and workable investigative leads. D. Enforcement Manpower This project shall be designed to bring the highest level of expertise from contiguous, and, at times, overlapping,jurisdictions to focus jointly on major drug trafficking. Personnel shall be limited to 50 officers plus the Program Manager, Assistant Program Manager, and support staff. 2013-89 E. Prosecutorial Support At the inception of this project, it shall be incumbent upon the Executive Board members to coordinate a firm and positive relationship between the United States Attorney and the State Attorney designees. 1. Cross-Designation of Attorneys In order to enhance collaboration between Federal prosecutors and their state and local colleagues, it may be advantageous to cross-designate local and Federal prosecutors. 2. Special Program Attorney As previously recommended, consistency on how to best proceed in certain instances could best be achieved by allowing the program direct access to one (1) attorney assigned for that specific purpose. F. Equipment Pool The resource inventory required for this program, including but not limited to, vehicles, radio equipment, specialized items, unique vehicles, and mobile devices will be supplied by IRNET members. Office equipment(desks, chairs, typewriters, file cabinets, phones, computers, office supplies, etc.)will be supplied by the San Bernardino County Sheriffs Department. IRNET will not supply vehicles to personnel assigned to the task force. Member agencies should assign vehicles appropriate for use in covert surveillance operations. All vehicle maintenance over$500.00 (per incident) shall be the responsibility of the member agency. IRNET will cover costs associated with fuel and preventative services. G. Request for Assistance It shall be the policy of this program to respond to a request for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing limitations. H. Reporting Format The San Bernardino County Sheriffs Department standard report forms and Division of Record numbers shall be utilized for case development and to track program activity. An internal numbering system will be used as well in order to account for all activity. Undercover Documents The use of documents to support or enhance undercover operations will be encouraged. These will include, but will not be limited to, driver's licenses, credit cards, checking accounts, and passports. The procurement,utilization, and control of these documents will 2013-89 be such as to assure that they are properly accounted for at all times and are used only for authorized purposes. J. Operating Standards All matters governing operating procedures will balance the rights of citizens and the needs of law enforcement to detect, arrest, and prosecute individuals engaged in major illicit drug activity. Effective control of major illicit drug traffickers depends to a large degree on the close working relationship among agencies at all levels of law enforcement. Therefore, all IRNET personnel will assist to their fullest individual ability the development of inter- agency cooperation. K. Personnel The assignment of federal, state, and local officers to IRNET must be approved by their respective department head. The Program Manager, with Board approval may reject any nominee based on the officer's training, past performance, or other factors bearing on suitability. Federal, State, and Local officers assigned to IRNET will work full time unless special Executive Board arrangements have been made. Officers will be under the direct daily supervision of the Program Manager, and follow all policies, procedures, and guidelines specifically enacted by IRNET. Upon assignment to IRNET, all members shall read the IRNET policy manual. The member will sign an Inter Office Memorandum (IOM) indicating they read the policy. A copy of the IOM will be filed at IRNET and provided to the member. Should any of the aforementioned policies or procedures conflict with their own department rules and regulations, the individual member will immediately bring said conflict to the attention of his/her IRNET supervisor. The supervisor will, in turn, bring the matter to the attention of the IRNET manager, who will take the necessary action to rectify the situation. L. Life Of This Agreement This agreement is effective on the date it is signed both parties of this agreement. This agreement may be terminated by either party on (30) days advanced written notice. ARTICLE VII. FISCAL PROCEDURE A. Special Appropriation Fund A Special Appropriation Fund shall be established to which members of IRNET may charge expenditures as necessary in the performance of the duties of the program. In general, such charges shall include extraordinary or special expenses incurred in the investigation of major narcotics traffickers. 2013-89 The utilization, responsibility, accountability and control of this fund shall be determined exclusively by the Program Manager and shall conform to standards as required by policy and procedure for San Bernardino Sheriffs Department. Federal agencies will adhere to federal law and respective agency policies and procedures for any expenditures and/or reimbursements of expenses incurred by or through the federal agent. B. Asset Sharing IRNET will provide an audit trail which will show that the assets seized are being disbursed in accordance with applicable State and Federal law. A monthly Activity Report will be forwarded to each IRNET member agency which shall include activity, seizures by month and year to date, and forfeitures awarded by month and year to date to each participating agency. ARTICLE VIII. ADMINISTRATIVE GUIDELINES, A. Case Information Large scale narcotics investigations are sensitive. Protection of sources of information and managing of information about areas of narcotics/drug related activity are absolutely essential. Dissemination of information and reports will be done on a need-to-know basis in compliance with existing state and federal laws, and when appropriate, in compliance with Department of Justice guidelines. Written reports are vital to the conduct of operations. They are our formal means of communicating among ourselves, with other agencies and with the court. In composing an investigation report, the officer should remember that it will be read by someone else and will most likely form the basis for action or inaction by the reader. The report may also be read by someone seeking to discredit its contents or IRNET itself. Investigative reports will be completed in a timely manner and will describe activities fully, exactly, and plainly. All case reports will be kept in the office of the Inland Regional Narcotics Enforcement Team until the conclusion of the case. Statistical information regarding arrests and narcotics seized will be forwarded to the jurisdictional agency in which such activity took place to maintain proper information reporting procedures to the State Department of Justice. Questions about the appropriateness of releasing case information will be referred to the Program Manager. B. Document Security All reports and records will be designated "Confidential" ("Unclassified" for FBI). This material will be secured under lock and key when unattended. Access to all files is on a need-to-know basis. 2013-89 IRNET will not keep intelligence files. Case files actively being worked will be kept under the direct security of IRNET until the investigation is concluded. Federal agencies will maintain their files in compliance with the Freedom Information Act. If IRNET feels certain case information should be considered "intelligence," the entire file will be sent to the appropriate agency and filed under that department's guidelines for intelligence information. At no time will investigative reports or official records be kept or stored anywhere but the designated office of IRNET or the San Bernardino County Sheriffs Records Bureau. In any case, storage of reports and dissemination of information will always be done in strict accordance with applicable Local, State and Federal laws. C. Undercover Documentation Should IRNET require assigned officers to assume a covert identity, arrangements will be made to issue each IRNET officer as required: 1. A California Driver's License; and 2. Documents to support covert identification as they become available. The Program Manager will maintain records and photostatic copies of all identities issued to officers. These documents shall only be used while the officers are on duty and working in an official capacity and the use of the covert identity is required in the furtherance of the case. The Program Manager may deem additional documentation, such as credit cards, a credit rating with TRW, a passport or social security card to support an identity. The need for these items will be evaluated on a case-by-case basis. In every situation requiring assigned officers to obtain undercover documentation, their respective department heads will be advised that the required application forms have been submitted. D. Firearms Every officer assigned to IRNET will carry a firearm in accordance with his/her department's policies and procedures. Officers may carry authorized firearms while off duty, however, applicable departmental policies about the use of firearms shall apply. E. Qualification Any firearm carried by an officer with IRNET must be approved by his/her department and minimum departmental standards for qualification met. If no departmental requirements exist, the San Bernardino County Sheriffs Department standards will apply and officers will qualify quarterly. 2013-89 F. Other Defensive Equipment 1. Handcuffs A set of handcuffs will be carried by officers when engaged in any type of enforcement activity(excluding undercover work). 2. Equipment The Board may authorize the purchase and use of equipment to assist IRNET in accomplishing its purpose. 3. Protective Garments All officers with IRNET will have available a bullet-proof(protective) vest. Officers shall wear their vests in arrest and search situations. 4. Operation Jackets In arrests, searches, and similar enforcement situations, members of IRNET shall wear the approved operation jackets/vests. G. Press Release IRNET will cooperate with the media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the Constitutional Rights of the accused, avoid interfering with an IRNET investigation, or because it is legally privileged. IRNET will function as a unit. All members will refer to themselves as members of IRNET. If asked what agency you are employed by, the member should respond by identifying their respective agency and their assignment to the "Inland Regional Narcotics Enforcement Team." The Program Manager will designate the "Press Information Officer." Members of IRNET will not release information to the press unless otherwise directed to do so by the Program Manager. H. Release of Information The Program Manager will be available to assist in the dissemination or coordination of such information. The Information to be released will be determined by the facts of each situation and at the direction of the Executive Board. Generally, a description of the circumstances which do not prejudice the rights of the suspect(s) or interfere with an investigation will be made. 1. General Information for Release a. Type of crime (statutes violated, etc.) b. Extent of injury or damage c. Value of drugs seized 2013-89 d. Date and time of crime discovery e. Length of investigation f. Suspect name and age, if adult g. Factual details of the incident 2. Information NOT For Release a. Prior criminal record, character, or reputation of accused. b. The existence or contents of any confession, admission, or statement given by the accused, or failure of the accused to make any statement. c. The identity, testimony, or credibility of any prospective witnesses. d. The possibility of a plea bargain. e. Any opinion as to the accused guilt or innocence or as to the merits or evidence of the case. Multi-Agency Administrative Concerns 1. Citizen Complaints Any complaint from an individual alleging misconduct by personnel of IRNET will be directed to the Program Manager or in his absence, a supervisor, and a written report will be submitted to the Program Manager for evaluation. The Program Manager will notify the officer's respective agency and facilitate their investigation of the incident. It will be the policy of IRNET to receive, record, and properly direct all citizen complaints against its members without exception. 2. Employee Evaluation It is recognized by IRNET that all agencies have at least annual employee evaluations. When such evaluations are due, the supervisor of the affected employee will assist the appropriate law enforcement supervisor in completing a fair and objective evaluation for the rating period. 3. Injuries Sustained On Duty When an IRNET officer is injured on duty, it will be necessary to follow the procedures required by the officer's agency, including notification of the specific agency involved. In emergency situations, the officer will receive immediate 2013-89 medical attention in the most expedient manner. In order to assist the supervisors in ensuring an officer's injury is treated without unnecessary delay, officers assigned to IRNET will supply his supervisor with a packet containing the forms and applicable instructions for processing per Sheriffs policies and procedures. 4. On-Duty Motor Vehicle Accidents a. If an IRNET Officer is involved in an accident while on duty, a long form accident report will be completed by the jurisdictional agency. Copies will be forwarded to the officer's agency and the IRNET Program Manager for further review and necessary action. In any on duty motor vehicle accident, whether injury or non injury, the Program Manager will immediately notify the member agency so they can notify their appropriate Risk Management/ Civil Liabilities Team per Sheriffs policies and procedures. J. Administrative Policy All members of IRNET will be expected to conform to their department's policy and procedure, as well as, any additional policies and procedures set forth by IRNET; such as performance expectations,punctuality, and chain of command). ARTICLE IX INVESTIGATIVE GUIDELINES, A. Outside Agencies - Requests For Assistance It shall be the policy of IRNET to respond to requests for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing capabilities. All such requests will be reviewed by the Program Manager as soon as practical after being received. The Program Manager will be informed of all requests for assistance made by non- participating agencies. IRNET recognizes that the jurisdictional make-up of Southern California lends itself to investigative overlay during the course of narcotics case development. Therefore, IRNET will strictly adhere to the following notification procedures in order to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction. B. Notification Prior to actually opening an active case, IRNET will contact the local agency of jurisdiction and check to see if that department is already actively working a case on the subject(s) of IRNET's investigation. In addition, IRNET will contact adjacent jurisdictions and LACRCIC/WSIN to see if any agency has information on the subjects. 2013-89 After opening a case, IRNET will utilize the guidelines of LACRCIC/WSIN as to identifying the case and subjects being worked so as to facilitate communications between investigating agencies and eliminate duplication of effort. Note: IRNET will maintain close a communication with the affected jurisdiction throughout its investigation. If the agency in question has an open, active case of its own centered on that target, IRNET will not open a separate case unless requested to do so by the affected agency. (See Requests for Assistance.) When executing Search or Arrest Warrants, the following procedure will be followed and, when appropriate, at least one uniformed officer from the jurisdictional agency will be requested and utilized. Members of IRNET will notify the jurisdictional agency Watch Commander regarding the type of activity which will be taking place, the location and approximate time of the operation. IRNET will also notify the narcotics detail of the affected agency: 1. To prevent a duplication of effort. 2. To protect undercover officers. 3. A means to gather additional intelligence. C. Undercover Operations IRNET,by its nature, will have numerous occasions to conduct undercover operations. Specifically, this will entail introducing undercover officers to narcotic traffickers in order to purchase drugs or infiltrate their organization. In order to insure officer safety and proper case development, the following guidelines will be adhered to. (Federal agencies will additionally observe DOJ guidelines). 1. Preparation and Planning a. Discuss the purpose and intention of the operation with your supervisor. Depending on the magnitude of the investigation, it may require prior approval through the Program Manager to the Executive Board. 2. Determine Logistical Needs a. Manpower An IRNET supervisor will assess each case with the Program Manager to determine if special tactics or the utilization of a special weapons team will be required. Jurisdictional responsibilities will be recognized. 2013-89 b. Equipment 1. Communications 2. Wireless Transmitter/Receiver with Recorder 3. Helicopter 4) "Flash Roll" c. Plan Formulation 1. Indicate the scenario the Undercover Officer will utilize. 2. Designate a Case Agent. 3. Prepare a case history on the violators involved. d. Operational Plan 1. A written operational plan will be submitted by the Case Agent on all narcotics investigations including buy/busts, arrest and search warrant service and undercover surveillance cases. All operational plans will be approved by the Program Manager. In cases involving narcotics deliveries out of state or reverse operations more than 10 kilos in weight, the captain of the Narcotics Division(SBCSD)will be notified before beginning the operation. 2. Plan Format a. The written plan will include: suspect information, criminal history, pictures, vehicles, and associates. b. A brief case history of the suspect's method of operation and other criminal tendencies. c. Maps, diagrams, and address. 1. Clothing description 2. Undercover vehicle 3. Money flash vehicle 4. Clothing description of undercover officer and confidential informant, if involved. 5. Arrest and trouble signal (visual and audio). 2013-89 d. List of all officers involved, including their assignment and vehicle and equipment responsibilities. e. Copies of the plan will be distributed to all involved officers. f. Notification of the law enforcement agency where the operation will take place will be noted on the plan, including who was notified. g. Communication channel frequency for the operation and necessary clearances from Central Dispatch. (A-n alternative frequency should be included in case of communication problems on primary channel). h. Before starting, a complete briefing will be conducted utilizing the written plan. i. The Program Manager will approve all tactical plans prior to their implementation. e. Undercover Operation (U/C) 1. The U/C will not deviate from the written plan unless he/she is able to obtain supervisory approval during the operation. 2. When the arrest signal is given, the U/C will not be involved in the actual arrest unless the situation absolutely dictates his/her intervention. 3. If, during the operation, the U/C is robbed by the suspects for the flash money, he/she will immediately give the trouble signal and rely on the cover/surveillance units to take appropriate actions. 4. The U/C officer will never "front" any portion of the flash roll. Additionally, he/she will not "front" any special funds for narcotics purchases without prior supervisory approval. 5. The U/C officer will never meet with suspects in a narcotics investigation without proper surveillance and cover units. Notification and approval of an IRNET sergeant is required prior to any meeting between a suspect and/or CI. 6. Section 11367 of the Health and Safety Code provides immunity from prosecution to authorized peace officers or other agents while investigating violations of the Health and Safety Code. D. Use of Intoxicating Beverages/Drugs: 1. IRNET Personnel will not use or possess any intoxicating beverage before reporting for duty to the extent that they are impaired, nor will they use intoxicating beverages while on duty. Members will adhere to their respective department policies for the use of intoxicating beverages. IRNET personnel, with the consent of their superior officer, 2013-89 may drink alcoholic beverages while on duty when necessary to accomplish a police purpose. a. IRNET personnel who have approval from a superior to drink while involved in a covert operation must: 1. Not drink to such a degree that their judgment may be impaired. 2. Not drive a vehicle after such assignment, until they have reached an appropriate state of sobriety. b. IRNET personnel will ensure that all persons under their control and who have used alcoholic beverages are able to perform their tasks without becoming a danger to themselves or others. 2. IRNET officers shall not maintain drugs or paraphernalia for their use, or provide paraphernalia for use. 3. IRNET personnel shall not use any narcotic or drug. The only exception would be in a life threatening situation. If in the best judgment of the employee, failure to use a drug or narcotic could result in death or serious injury, that employee may participate in the use. IRNET personnel shall not use any narcotic or drug and if they are taking prescribed medication, will notify their supervisor. During some covert investigations, it may become necessary to simulate the use of narcotics, for example, simulating the smoking of marijuana or the inhalation of stimulant drugs. a. As soon as possible after use or simulation, the officer will be examined by a supervisor and, if necessary,by medical personnel to determine the extent of intoxication or effect. A complete report by the officer and his supervisor will be submitted regarding the circumstances of the use of simulation and the effects thereof. Based on this examination and report, appropriate action will be taken if necessary by the Program Manager. 4. The investigative staff will see that informants under their direction have read and understood the provisions of the Confidential Agreement Form as it applies to the use of alcohol, drugs and narcotics. 2013-89 E. Investigative Expenses IRNET officers will in the performance of their duties, expend program funds during narcotic investigations. Included in this area will be narcotic purchases,program maintenance and operational expenses. (Federal agents will adhere to their respective agencies policies). 1. Narcotic Purchases IRNET officers will have the availability of expending funds for narcotics with prior supervisory approval. 2. Program Maintenance Will include meals, gasoline, lodging and money for confidential informants and/or witnesses. Another officer will be present while disbursing these funds or obtaining a signed receipt from the recipient. The purpose is to protect the credibility of IRNET officers. On rare occasions, it is conceivable that an officer will not be able to adhere to the above policy. In those instances, the officer can disburse funds and later advise a supervisor of the circumstances. 3. Operational Expenses Will include officer expenses in an undercover capacity for food, gasoline, lodging, vehicle rental, special equipment and any other item deemed necessary by the supervisor in order to enhance the successful completion of an operation. F. Confidential Informant Procedures It will be the responsibility of IRNET sergeants to ensure that the following procedures are followed by investigative personnel while utilizing informant operatives. Federal agents assigned to IRNET managing IRNET informants will follow their respective agencies policies while remaining in compliance with the below listed IRNET policies. 1. Informant Files An IRNET coded file will be maintained on each Informant operative, which will minimally consist of the following: a. Background Information Sheet and Mug Photograph b. CII and/or FBI Rap Sheet c. A report of the prospective investigations in which officers anticipate engaging the informant. d. A list of investigations in which the informant has participated. e. De-briefing of current criminal activity that the informant has knowledge of. 2013-89 f. Copies of authorization and follow-up memorandums (if applicable). g. Informant files shall be kept pursuant to member agency policies and procedures. h. The IRNET Program Manager shall maintain a copy of informant files in compliance with San Bernardino County Sheriffs policy. 2. Request Memorandum The investigator wishing to use an informant who is currently charged or is going to be charged, will initiate a memorandum requesting authorization: a. Memorandum addressed to the Program Manager and District or United States Attorney, from an IRNET supervisor. b. Contain a summary of charges. c. Authorization from arresting officer or agency. d. General overview of proposed investigations (do not list suspect's name). e. The type of investigative assistance informant is expected to provide (information, obtain evidence, covert operative, testify, etc.) f. A paragraph outlining the informant's understanding of the District Attorney's and IRNET's involvement which specifically states that no promises of leniency or specific types of sentencing can be made and defendant must enter a guilty plea on the charges. Disposition and sentencing of the case with which he/she is presently charged will ultimately be handled by the Court. The District Attorney and IRNET can only make recommendations based on their evaluation of the informant's participation in the investigations. g Attachments 1. Informant's current CII and/or FBI Rap Sheet 2. Confidential Agreement Form 3. Consent Form 4. Copy of Crime Reports (if possible) 2013-89 3. Follow-up Memorandum At the completion of the investigations, a follow-up memorandum shall be written to the District Attorney or United States Attorney outlining the informant's assistance. It will contain the following: a. Present status of case pending against informant b. Investigations. c. General appraisal of aid rendered by informant (very successful, did not meet commitment, seemed insincere, etc.) d. In the event that an informant fails to meet his/her commitments and make himself/herself available to and participate with the investigating officers, the Program Manager and District Attorney or United States Attorney will be advised immediately by inter-office memorandum. All follow-up memorandums and status memorandums written to the District Attorney or United States Attorney concerning the Confidential Informants shall be reviewed by the Program Manager and then hand-carried to the District Attorney or United States Attorney. G. Informant Identification 1. The informant's identity must always be known to the supervisor and Program Manager. a. Officers are reluctant to divulge the names of their informants, so access to informant files must be limited on a "need-to-know basis" only. b. Knowing the name of the informant is not enough. A complete identification package will be maintained. H. Planning Operations Involving Informants Planning includes proper time, manpower, and logistical support. 1. The case agent must control the direction of the operations and the informant. They must never place themselves in the position of having to take action when there is not enough manpower or equipment. 2. The entire relationship and direction must come from the officer. a. It is not uncommon for the informant to attempt to become involved in planning. b. The informant should not be present at briefings. 2013-89 Undesirable Informants When a case agent is aware an informant is undesirable, all contact with that informant should cease and the reasons should be noted in his/her informant package. This information will be disseminated throughout the narcotic enforcement community. Also, informants, when the case agent feels it is necessary, will be checked through LACRCICIWSIN to see if they have been "blackballed" prior to utilizing them. J. Shooting Incidents Any member of IRNET who discharges his weapon during the performance of duty will immediately notify the: 1. Jurisdictional agency of the area in which the discharge took place. 2. Program Manager (IRNET), or on call Sheriff's Duty Captain. a. San Bernardino Sheriff s Duty Matrix and current officer involved policies and procedures shall be complied with. 3. The respective department's Watch Commander from which the officer is employed. In those cases where death or serious injury is related to a shooting or the operation of a motor vehicle, the jurisdictional agency will handle the full investigation according to departmental policy and procedure. 4. IRNET MOU does not supersede the policy of any member agency. K. Evidence 1. Collection, Storage, and Testing: The facilities of the San Bernardino County Sheriffs Department will be utilized by IRNET to maintain a proper evidence chain on all items collected in pursuit of case preparation. All evidence obtained during an investigation will be tagged and placed into an appropriate evidence locker without unnecessary delay. In addition, when handling seized narcotics or money, no less than two (2) officers will be detailed to actually move or count such contraband. Further, at no time; after seizure and prior to placement in secure storage will less than two (2) officers be allowed to maintain security on such items. As a matter of routine, seized currency will be placed into a plastic bag designed for that purpose. This receptacle will be sealed, dated, and initialed by the case agents and only opened by the appropriate Federal or State agency. Under normal circumstances, currency seized as a result of IRNET investigations will be forfeited through a state or federal government agency. Because of this, the 2013-89 money will be turned over as soon as possible after seizure(within 24 hours) and they will conduct an exact count of the cash. Any deviation from these procedures will require the prior approval of the Program Manager. ARTICLE X. FISCAL GUIDELINES A. Payroll Checks and Balances 1. Payroll All personnel assigned to IRNET will be paid by their respective agency. 2. Sick Time All personnel will utilize sick time in accordance with their respective agency's policies and procedures. Reporting of sick time will be made to the IRNET supervisor. IRNET will notify the officer's agency to assure proper notification and time keeping. 3. Overtime All personnel will attempt to contact/notify the supervisor for approval prior to working overtime. All personnel will, as required, work beyond their normal work day or respond on call-outs as deemed necessary by the Program Manager or supervisor. Each local agency committing manpower to IRNET shall agree to pay for any overtime worked by their respective personnel. IRNET will try to limit overtime worked to forty(40) hours per month, per man. B. Fiscal and Voucher Procedure 1. Special Appropriation Fund The Sheriff of San Bernardino County will absorb a majority of the cost of IRNET during the first 12-18 months of operation. Therefore, a special appropriation fund consisting of twenty-five percent (25%) of all seizures will be returned to IRNET. IRNET will then disperse funds to the Sheriff until his advance to IRNET is satisfied. The utilization, responsibility, accountability, and control of this fund will be determined exclusively by the Program Manager. As surplus funds are accumulated, the Program Manager will report to the Executive Board and a decision will be made on how to utilize the money. 2013-89 A monthly report will be forwarded to the Executive Board reflecting the status of the fund. 2. Investigative Funds Investigative funds are those authorized expenditures incurred by officers while working undercover or on surveillance. They must directly relate to the continuing development of an investigation or informant. The Sheriff of San Bernardino County will provide for the initial funding of this item and will be reimbursed from the Special Appropriation Fund. A voucher will include statement as to the reason the money was expended. By signing the voucher, the officer is attesting to the validity and necessity for the expenditure. a. Date b. Amount c. Reason(s) d. Signature of requester It shall be submitted to a Sergeant for review and authorization signature of the Program Manager. 3. End of Year Accounting A full accounting of all expenditures will be made to the Executive Board by the July Board Meeting of each year. 4. Maintenance of the Fund Pertinent accounting records will be made available to the Executive Board upon their request for inspection and audit. 5. Custodian of the Fund The custodian of the fund is the Program Manager. He or she will: a. Have access to the fund. b. Retain copies of cash advance form, expense vouchers, and receipts applicable to the fund. 2013-89 c. Maintain lists of individuals authorized to draw moneys from the fund and individuals authorized to approve advances and expenditures, will update these lists as appropriate. d. Release cash to authorized individuals upon receiving properly prepared and approved forms. e. Accept cash being returned to the fund and place in the safe and issue a receipt as to relieve the person returning the cash of further responsibility. f. Perform any other duties referred to in this procedure or as may be deemed appropriate in compliance with current San Bernardino County Sheriff s Fiscal procedures. 2013-89 This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team(IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum: JOHN McMAHON, Sheriff-Coroner Date San Bernardino County Sheriffs Department Date Date 2013-89 GONAL N A ) * C, Q. ET nza QcS EMEN MEMORANDUM OF UNDERSTANDING Inland Regional Narcotics Enforcement Team (IRNET) Revised 02/01/2013 2013-89 TABLE OF CONTENTS PAGE ARTICLE I. NAME 1 ARTICLE II. PURPOSE 1 ARTICLE III. EXECUTIVE BOARD 1 ARTICLE IV. AMENDMENTS TO THE MEMORANDUM 1 OF UNDERSTANDING ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS 1 AND SEIZURE OF ASSETS ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES A. Site Location 2 B. Structural Command 2 C. Case Initiation 2 D. Enforcement Manpower 2 E. Prosecutorial Support 3 F. Equipment Pool 3 G. Request for Assistance 3 H. Reporting Format 3 I. Undercover Documents 3 J. Operating Standards 4 K. Personnel 4 L. Life of this Agreement 4 ARTICLE VII. FISCAL PROCEDURE A. Special Appropriation Fund 4 B. Asset Sharing 5 2013-89 ARTICLE VIII. ADMINISTRATIVE GUIDELINES A. Case Information 5 B. Document Security 5 C. Undercover Documentation 6 D. Firearms 6 E. Qualification 6 F. Other Defensive Equipment 7 G. Press Release 7 H. Release of Information 7 I. Multi-Agency Administrative Concerns 8 J. Administrative Policy 9 ARTICLE IX. INVESTIGATIVE GUIDELINES A. Outside Agencies - Requests for Assistance 9 B. Notification 9 C. Undercover Operations 10 D. Use of Intoxicating Beverages/Drugs 12 E. Investigative Expenses 14 F. Confidential Informant Procedures 14 G. Informant Identification 16 H. Planning Operations Involving Informants 16 I. Undesirable Informants 17 J. Shooting Incidents 17 K. Evidence 17 2013-89 ARTICLE X. FISCAL GUIDELINES A. Payroll Checks and Balances 18 B. Fiscal and Voucher Procedure 18 2013-89 ARTICLE I. NAME A. The name of this organization shall be the Inland Regional Narcotics Enforcement Team (IRNET). ARTICLE II. PURPOSE A. The purposes of this organization are 1. The identification and conviction of high-level drug traffickers and the seizure of assets derived through drug trafficking. 2. The targeting, investigation and prosecution of individuals who organize, direct, finance, or otherwise engage in high-level drug trafficking enterprises, or money laundering with high priority emphasis on those subjects engaged in the importation of drugs for sale into San Bernardino and Riverside Counties. 3. The promotion of coordinated drug enforcement efforts throughout the Inland Region, encouraging maximum cooperation between all law enforcement and prosecutorial agencies. ARTICLE III. EXECUTIVE BOARD A. The affairs of this organization will be directed by an Executive Board. The members of this Board will be the Sheriff of San Bernardino County, the Sheriff of Riverside County, the Chiefs of all participating Police Departments, and the Resident Agents in Charge of participating Federal and State law enforcement agencies and/or their designees. B. Beginning with the January 9, 2013, meeting, all Board meetings will be held bi-monthly on the second Wednesday of the month. All Board meetings will include the following agenda items: budget review, overtime expenditures, case review and new business items. ARTICLE IV. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING A. The Executive Board may amend any Article of this Memorandum of Understanding by a two-thirds (2/3) vote of the quorum. 2013-89 ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS A. This organization shall, as they construct their case investigations, maximize, as possible the identification of assets for forfeiture. Further, the use of both civil and criminal forfeiture statutes will be explored in every instance. It is agreed that a sharing of assets seized will be divided based on the participating agencies' respective contribution to the effort. The following formula, determined by mutual consent, will be utilized: It is agreed that twenty-five percent (25%) of all assets will be returned to the program to recover operating costs. It is agreed that the remaining seventy-five percent (75%) of any assets seized will be divided and returned to eligible IRNET member agencies based on the number of personnel committed. Note: These percentage figures must necessarily be applied after administrative costs are deducted by the appropriate Federal or State agency involved in the forfeiture proceeding. ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES A. Site Location The site location of this project will be as approved by the Board. B. Structural Command The Program Manager will be a designee from the San Bernardino Sheriffs Department with the rank of lieutenant or higher, reporting directly to the Board on all matters of IRNET concern. C. Case Initiation All IRNET investigations shall regularly be reviewed by the Program Manager. Areas of discretion in the setting of priorities for these cases will be determined by, but not limited to, the type of enterprise, the impact on the community, current case load, available manpower and/or equipment and workable investigative leads. D. Enforcement Manpower This project shall be designed to bring the highest level of expertise from contiguous, and, at times, overlapping,jurisdictions to focus jointly on major drug trafficking. Personnel shall be limited to 50 officers plus the Program Manager, Assistant Program Manager, and support staff. 2013-89 • E. Prosecutorial Support At the inception of this project, it shall be incumbent upon the Executive Board members to coordinate a firm and positive relationship between the United States Attorney and the State Attorney designees. 1. Cross-Designation of Attorneys In order to enhance collaboration between Federal prosecutors and their state and local colleagues, it may be advantageous to cross-designate local and Federal prosecutors. 2. Special Program Attorney As previously recommended, consistency on how to best proceed in certain instances could best be achieved by allowing the program direct access to one (1) attorney assigned for that specific purpose. F. Equipment Pool The resource inventory required for this program, including but not limited to, vehicles, radio equipment, specialized items, unique vehicles, and mobile devices will be supplied by IRNET members. Office equipment(desks, chairs, typewriters, file cabinets, phones, computers, office supplies, etc.) will be supplied by the San Bernardino County Sheriff's Department. IRNET will not supply vehicles to personnel assigned to the task force. Member agencies should assign vehicles appropriate for use in covert surveillance operations. All vehicle maintenance over$500.00 (per incident) shall be the responsibility of the member agency. IRNET will cover costs associated with fuel and preventative services. G. Request for Assistance It shall be the policy of this program to respond to a request for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing limitations. H. Reporting Format The San Bernardino County Sheriffs Department standard report forms and Division of Record numbers shall be utilized for case development and to track program activity. An internal numbering system will be used as well in order to account for all activity. Undercover Documents The use of documents to support or enhance undercover operations will be encouraged. These will include,but will not be limited to, driver's licenses, credit cards, checking accounts, and passports. The procurement, utilization, and control of these documents will 2013-89 be such as to assure that they are properly accounted for at all times and are used only for authorized purposes. J. Operating Standards All matters governing operating procedures will balance the rights of citizens and the needs of law enforcement to detect, arrest, and prosecute individuals engaged in major illicit drug activity. Effective control of major illicit drug traffickers depends to a large degree on the close working relationship among agencies at all levels of law enforcement. Therefore, all IRNET personnel will assist to their fullest individual ability the development of inter- agency cooperation. K. Personnel The assignment of federal, state, and local officers to IRNET must be approved by their respective department head. The Program Manager, with Board approval may reject any nominee based on the officer's training, past performance, or other factors bearing on suitability. Federal, State, and Local officers assigned to IRNET will work full time unless special Executive Board arrangements have been made. Officers will be under the direct daily supervision of the Program Manager, and follow all policies, procedures, and guidelines specifically enacted by IRNET. Upon assignment to IRNET, all members shall read the IRNET policy manual. The member will sign an Inter Office Memorandum (IOM) indicating they read the policy. A copy of the IOM will be filed at IRNET and provided to the member. Should any of the aforementioned policies or procedures conflict with their own department rules and regulations, the individual member will immediately bring said conflict to the attention of his/her IRNET supervisor. The supervisor will, in turn, bring the matter to the attention of the IRNET manager, who will take the necessary action to rectify the situation. L. Life Of This Agreement This agreement is effective on the date it is signed both parties of this agreement. This agreement may be terminated by either party on (30) days advanced written notice. ARTICLE VII. FISCAL PROCEDURE A. Special Appropriation Fund A Special Appropriation Fund shall be established to which members of IRNET may charge expenditures as necessary in the performance of the duties of the program. In general, such charges shall include extraordinary or special expenses incurred in the investigation of major narcotics traffickers. 2013-89 The utilization, responsibility, accountability and control of this fund shall be determined exclusively by the Program Manager and shall conform to standards as required by policy and procedure for San Bernardino Sheriffs Department. Federal agencies will adhere to federal law and respective agency policies and procedures for any expenditures and/or reimbursements of expenses incurred by or through the federal agent. B. Asset Sharing IRNET will provide an audit trail which will show that the assets seized are being disbursed in accordance with applicable State and Federal law. A monthly Activity Report will be forwarded to each IRNET member agency which shall include activity, seizures by month and year to date, and forfeitures awarded by month and year to date to each participating agency. ARTICLE VIII. ADMINISTRATIVE GUIDELINES A. Case Information Large scale narcotics investigations are sensitive. Protection of sources of information and managing of information about areas of narcotics/drug related activity are absolutely essential. Dissemination of information and reports will be done on a need-to-know basis in compliance with existing state and federal laws, and when appropriate, in compliance with Department of Justice guidelines. Written reports are vital to the conduct of operations. They are our formal means of communicating among ourselves, with other agencies and with the court. In composing an investigation report, the officer should remember that it will be read by someone else and will most likely form the basis for action or inaction by the reader. The report may also be read by someone seeking to discredit its contents or IRNET itself Investigative reports will be completed in a timely manner and will describe activities fully, exactly, and plainly. All case reports will be kept in the office of the Inland Regional Narcotics Enforcement Team until the conclusion of the case. Statistical information regarding arrests and narcotics seized will be forwarded to the jurisdictional agency in which such activity took place to maintain proper information reporting procedures to the State Department of Justice. Questions about the appropriateness of releasing case information will be referred to the Program Manager. B. Document Security All reports and records will be designated "Confidential" ("Unclassified" for FBI). This material will be secured under lock and key when unattended. Access to all files is on a need-to-know basis. 2013-89 IRNET will not keep intelligence files. Case files actively being worked will be kept under the direct security of IRNET until the investigation is concluded. Federal agencies will maintain their files in compliance with the Freedom Information Act. If IRNET feels certain case information should be considered "intelligence," the entire file will be sent to the appropriate agency and filed under that department's guidelines for intelligence information. At no time will investigative reports or official records be kept or stored anywhere but the designated office of IRNET or the San Bernardino County Sheriffs Records Bureau. In any case, storage of reports and dissemination of information will always be done in strict accordance with applicable Local, State and Federal laws. C. Undercover Documentation Should IRNET require assigned officers to assume a covert identity, arrangements will be made to issue each IRNET officer as required: 1. A California Driver's License; and 2. Documents to support covert identification as they become available. The Program Manager will maintain records and photostatic copies of all identities issued to officers. These documents shall only be used while the officers are on duty and working in an official capacity and the use of the covert identity is required in the furtherance of the case. The Program Manager may deem additional documentation, such as credit cards, a credit rating with TRW, a passport or social security card to support an identity. The need for these items will be evaluated on a case-by-case basis. In every situation requiring assigned officers to obtain undercover documentation, their respective department heads will be advised that the required application forms have been submitted. D. Firearms Every officer assigned to IRNET will carry a firearm in accordance with his/her department's policies and procedures. Officers may carry authorized firearms while off duty, however, applicable departmental policies about the use of firearms shall apply. E. Qualification Any firearm carried by an officer with IRNET must be approved by his/her department and minimum departmental standards for qualification met. If no departmental requirements exist, the San Bernardino County Sheriffs Department standards will apply and officers will qualify quarterly. 2013-89 F. Other Defensive Equipment 1. Handcuffs A set of handcuffs will be carried by officers when engaged in any type of enforcement activity(excluding undercover work). 2. Equipment The Board may authorize the purchase and use of equipment to assist IRNET in accomplishing its purpose. 3. Protective Garments All officers with IRNET will have available a bullet-proof(protective) vest. Officers shall wear their vests in arrest and search situations. 4. Operation Jackets In arrests, searches, and similar enforcement situations, members of IRNET shall wear the approved operation jackets/vests. G. Press Release IRNET will cooperate with the media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the Constitutional Rights of the accused, avoid interfering with an IRNET investigation, or because it is legally privileged. IRNET will function as a unit. All members will refer to themselves as members of IRNET. If asked what agency you are employed by, the member should respond by identifying their respective agency and their assignment to the "Inland Regional Narcotics Enforcement Team." The Program Manager will designate the "Press Information Officer." Members of IRNET will not release information to the press unless otherwise directed to do so by the Program Manager. H. Release of Information The Program Manager will be available to assist in the dissemination or coordination of such information. The Information to be released will be determined by the facts of each situation and at the direction of the Executive Board. Generally, a description of the circumstances which do not prejudice the rights of the suspect(s) or interfere with an investigation will be made. 1. General Information for Release a. Type of crime (statutes violated, etc.) b. Extent of injury or damage c. Value of drugs seized 2013-89 d. Date and time of crime discovery e. Length of investigation f. Suspect name and age, if adult g. Factual details of the incident 2. Information NOT For Release a. Prior criminal record, character, or reputation of accused. b. The existence or contents of any confession, admission, or statement given by the accused, or failure of the accused to make any statement. c. The identity, testimony, or credibility of any prospective witnesses. d. The possibility of a plea bargain. e. Any opinion as to the accused guilt or innocence or as to the merits or evidence of the case. Multi-Agency Administrative Concerns 1. Citizen Complaints Any complaint from an individual alleging misconduct by personnel of IRNET will be directed to the Program Manager or in his absence, a supervisor, and a written report will be submitted to the Program Manager for evaluation. The Program Manager will notify the officer's respective agency and facilitate their investigation of the incident. It will be the policy of IRNET to receive, record, and properly direct all citizen complaints against its members without exception. 2. Employee Evaluation It is recognized by IRNET that all agencies have at least annual employee evaluations. When such evaluations are due, the supervisor of the affected employee will assist the appropriate law enforcement supervisor in completing a fair and objective evaluation for the rating period. 3. Injuries Sustained On Duty When an IRNET officer is injured on duty, it will be necessary to follow the procedures required by the officer's agency, including notification of the specific agency involved. In emergency situations, the officer will receive immediate 2013-89 • medical attention in the most expedient manner. In order to assist the supervisors in ensuring an officer's injury is treated without unnecessary delay, officers assigned to IRNET will supply his supervisor with a packet containing the forms and applicable instructions for processing per Sheriffs policies and procedures. 4. On-Duty Motor Vehicle Accidents a. If an IRNET Officer is involved in an accident while on duty, a long form accident report will be completed by the jurisdictional agency. Copies will be forwarded to the officer's agency and the IRNET Program Manager for further review and necessary action. In any on duty motor vehicle accident, whether injury or non injury, the Program Manager will immediately notify the member agency so they can notify their appropriate Risk Management/ Civil Liabilities Team per Sheriffs policies and procedures. J. Administrative Policy All members of IRNET will be expected to conform to their department's policy and procedure, as well as, any additional policies and procedures set forth by IRNET; such as performance expectations, punctuality, and chain of command). ARTICLE IX INVESTIGATIVE GUIDELINES A. Outside Agencies - Requests For Assistance It shall be the policy of IRNET to respond to requests for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing capabilities. All such requests will be reviewed by the Program Manager as soon as practical after being received. The Program Manager will be informed of all requests for assistance made by non- participating agencies. IRNET recognizes that the jurisdictional make-up of Southern California lends itself to investigative overlay during the course of narcotics case development. Therefore, IRNET will strictly adhere to the following notification procedures in order to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction. B. Notification Prior to actually opening an active case, IRNET will contact the local agency of jurisdiction and check to see if that department is already actively working a case on the subject(s) of IRNET's investigation. In addition, IRNET will contact adjacent jurisdictions and LACRCIC/WSIN to see if any agency has information on the subjects. 2013-89 • After opening a case, IRNET will utilize the guidelines of LACRCIC/WSIN as to identifying the case and subjects being worked so as to facilitate communications between investigating agencies and eliminate duplication of effort. Note: IRNET will maintain close a communication with the affected jurisdiction throughout its investigation. If the agency in question has an open, active case of its own centered on that target, IRNET will not open a separate case unless requested to do so by the affected agency. (See Requests for Assistance.) When executing Search or Arrest Warrants, the following procedure will be followed and, when appropriate, at least one uniformed officer from the jurisdictional agency will be requested and utilized. Members of IRNET will notify the jurisdictional agency Watch Commander regarding the type of activity which will be taking place, the location and approximate time of the operation. IRNET will also notify the narcotics detail of the affected agency: 1. To prevent a duplication of effort. 2. To protect undercover officers. 3. A means to gather additional intelligence. C. Undercover Operations IRNET,by its nature, will have numerous occasions to conduct undercover operations. Specifically, this will entail introducing undercover officers to narcotic traffickers in order to purchase drugs or infiltrate their organization. In order to insure officer safety and proper case development, the following guidelines will be adhered to. (Federal agencies will additionally observe DOJ guidelines). 1. Preparation and Planning a. Discuss the purpose and intention of the operation with your supervisor. Depending on the magnitude of the investigation, it may require prior approval through the Program Manager to the Executive Board. 2. Determine Logistical Needs a. Manpower An IRNET supervisor will assess each case with the Program Manager to determine if special tactics or the utilization of a special weapons team will be required. Jurisdictional responsibilities will be recognized. 2013-89 b. Equipment 1. Communications 2. Wireless Transmitter/Receiver with Recorder 3. Helicopter 4) "Flash Roll" c. Plan Formulation 1. Indicate the scenario the Undercover Officer will utilize. 2. Designate a Case Agent. 3. Prepare a case history on the violators involved. d. Operational Plan 1. A written operational plan will be submitted by the Case Agent on all narcotics investigations including buy/busts, arrest and search warrant service and undercover surveillance cases. All operational plans will be approved by the Program Manager. In cases involving narcotics deliveries out of state or reverse operations more than 10 kilos in weight, the captain of the Narcotics Division (SBCSD) will be notified before beginning the operation. 2. Plan Format a. The written plan will include: suspect information, criminal history, pictures, vehicles, and associates. b. A brief case history of the suspect's method of operation and other criminal tendencies. c. Maps, diagrams, and address. 1. Clothing description 2. Undercover vehicle 3. Money flash vehicle 4. Clothing description of undercover officer and confidential informant, if involved. 5. Arrest and trouble signal (visual and audio). 2013-89 d. List of all officers involved, including their assignment and vehicle and equipment responsibilities. e. Copies of the plan will be distributed to all involved officers. f. Notification of the law enforcement agency where the operation will take place will be noted on the plan, including who was notified. g. Communication channel frequency for the operation and necessary clearances from Central Dispatch. (A-n alternative frequency should be included in case of communication problems on primary channel). h. Before starting, a complete briefing will be conducted utilizing the written plan. i. The Program Manager will approve all tactical plans prior to their implementation. e. Undercover Operation (U/C) 1. The U/C will not deviate from the written plan unless he/she is able to obtain supervisory approval during the operation. 2. When the arrest signal is given, the U/C will not be involved in the actual arrest unless the situation absolutely dictates his/her intervention. 3. If, during the operation, the U/C is robbed by the suspects for the flash money, he/she will immediately give the trouble signal and rely on the cover/surveillance units to take appropriate actions. 4. The U/C officer will never "front" any portion of the flash roll. Additionally, he/she will not "front" any special funds for narcotics purchases without prior supervisory approval. 5. The U/C officer will never meet with suspects in a narcotics investigation without proper surveillance and cover units. Notification and approval of an IRNET sergeant is required prior to any meeting between a suspect and/or CI. 6. Section 11367 of the Health and Safety Code provides immunity from prosecution to authorized peace officers or other agents while investigating violations of the Health and Safety Code. D. Use of Intoxicating Beverages/Drugs: 1. IRNET Personnel will not use or possess any intoxicating beverage before reporting for duty to the extent that they are impaired, nor will they use intoxicating beverages while on duty. Members will adhere to their respective department policies for the use of intoxicating beverages. IRNET personnel, with the consent of their superior officer, 2013-89 may drink alcoholic beverages while on duty when necessary to accomplish a police purpose. a. IRNET personnel who have approval from a superior to drink while involved in a covert operation must: 1. Not drink to such a degree that their judgment may be impaired. 2. Not drive a vehicle after such assignment, until they have reached an appropriate state of sobriety. b. IRNET personnel will ensure that all persons under their control and who have used alcoholic beverages are able to perform their tasks without becoming a danger to themselves or others. 2. IRNET officers shall not maintain drugs or paraphernalia for their use, or provide paraphernalia for use. 3. IRNET personnel shall not use any narcotic or drug. The only exception would be in a life threatening situation. If in the best judgment of the employee, failure to use a drug or narcotic could result in death or serious injury, that employee may participate in the use. IRNET personnel shall not use any narcotic or drug and if they are taking prescribed medication, will notify their supervisor. During some covert investigations, it may become necessary to simulate the use of narcotics, for example, simulating the smoking of marijuana or the inhalation of stimulant drugs. a. As soon as possible after use or simulation, the officer will be examined by a supervisor and, if necessary, by medical personnel to determine the extent of intoxication or effect. A complete report by the officer and his supervisor will be submitted regarding the circumstances of the use of simulation and the effects thereof. Based on this examination and report, appropriate action will be taken if necessary by the Program Manager. 4. The investigative staff will see that informants under their direction have read and understood the provisions of the Confidential Agreement Form as it applies to the use of alcohol, drugs and narcotics. 2013-89 E. Investigative Expenses IRNET officers will in the performance of their duties, expend program funds during narcotic investigations. Included in this area will be narcotic purchases, program maintenance and operational expenses. (Federal agents will adhere to their respective agencies policies). 1. Narcotic Purchases IRNET officers will have the availability of expending funds for narcotics with prior supervisory approval. 2. Program Maintenance Will include meals, gasoline, lodging and money for confidential informants and/or witnesses. Another officer will be present while disbursing these funds or obtaining a signed receipt from the recipient. The purpose is to protect the credibility of IRNET officers. On rare occasions, it is conceivable that an officer will not be able to adhere to the above policy. In those instances, the officer can disburse funds and later advise a supervisor of the circumstances. 3. Operational Expenses Will include officer expenses in an undercover capacity for food, gasoline, lodging, vehicle rental, special equipment and any other item deemed necessary by the supervisor in order to enhance the successful completion of an operation. F. Confidential Informant Procedures It will be the responsibility of IRNET sergeants to ensure that the following procedures are followed by investigative personnel while utilizing informant operatives. Federal agents assigned to IRNET managing IRNET informants will follow their respective agencies policies while remaining in compliance with the below listed IRNET policies. 1. Informant Files An IRNET coded file will be maintained on each Informant operative, which will minimally consist of the following: a. Background Information Sheet and Mug Photograph b. CII and/or FBI Rap Sheet c. A report of the prospective investigations in which officers anticipate engaging the informant. d. A list of investigations in which the informant has participated. e. De-briefing of current criminal activity that the informant has knowledge of. 2013-89 f. Copies of authorization and follow-up memorandums (if applicable). g. Informant files shall be kept pursuant to member agency policies and procedures. h. The IRNET Program Manager shall maintain a copy of informant files in compliance with San Bernardino County Sheriff's policy. 2. Request Memorandum The investigator wishing to use an informant who is currently charged or is going to be charged, will initiate a memorandum requesting authorization: a. Memorandum addressed to the Program Manager and District or United States Attorney, from an IRNET supervisor. b. Contain a summary of charges. c. Authorization from arresting officer or agency. d. General overview of proposed investigations (do not list suspect's name). e. The type of investigative assistance informant is expected to provide (information, obtain evidence, covert operative, testify, etc.) f. A paragraph outlining the informant's understanding of the District Attorney's and IRNET's involvement which specifically states that no promises of leniency or specific types of sentencing can be made and defendant must enter a guilty plea on the charges. Disposition and sentencing of the case with which he/she is presently charged will ultimately be handled by the Court. The District Attorney and IRNET can only make recommendations based on their evaluation of the informant's participation in the investigations. g. Attachments 1. Informant's current CII and/or FBI Rap Sheet 2. Confidential Agreement Form 3. Consent Form 4. Copy of Crime Reports (if possible) 2013-89 3. Follow-up Memorandum At the completion of the investigations, a follow-up memorandum shall be written to the District Attorney or United States Attorney outlining the informant's assistance. It will contain the following: a. Present status of case pending against informant b. Investigations. c. General appraisal of aid rendered by informant (very successful, did not meet commitment, seemed insincere, etc.) d. In the event that an informant fails to meet his/her commitments and make himself/herself available to and participate with the investigating officers, the Program Manager and District Attorney or United States Attorney will be advised immediately by inter-office memorandum. All follow-up memorandums and status memorandums written to the District Attorney or United States Attorney concerning the Confidential Informants shall be reviewed by the Program Manager and then hand-carried to the District Attorney or United States Attorney. G. Informant Identification 1. The informant's identity must always be known to the supervisor and Program Manager. a. Officers are reluctant to divulge the names of their informants, so access to informant files must be limited on a "need-to-know basis" only. b. Knowing the name of the informant is not enough. A complete identification package will be maintained. H. Planning Operations Involving Informants Planning includes proper time, manpower, and logistical support. 1. The case agent must control the direction of the operations and the informant. They must never place themselves in the position of having to take action when there is not enough manpower or equipment. 2. The entire relationship and direction must come from the officer. a. It is not uncommon for the informant to attempt to become involved in planning. b. The informant should not be present at briefings. 2013-89 Undesirable Informants When a case agent is aware an informant is undesirable, all contact with that informant should cease and the reasons should be noted in his/her informant package. This information will be disseminated throughout the narcotic enforcement community. Also, informants, when the case agent feels it is necessary, will be checked through LACRCICIWSIN to see if they have been "blackballed" prior to utilizing them. J. Shooting Incidents Any member of IRNET who discharges his weapon during the performance of duty will immediately notify the: 1. Jurisdictional agency of the area in which the discharge took place. 2. Program Manager(IRNET), or on call Sheriff's Duty Captain. a. San Bernardino Sheriff s Duty Matrix and current officer involved policies and procedures shall be complied with. 3. The respective department's Watch Commander from which the officer is employed. In those cases where death or serious injury is related to a shooting or the operation of a motor vehicle, the jurisdictional agency will handle the full investigation according to departmental policy and procedure. 4. IRNET MOU does not supersede the policy of any member agency. K. Evidence 1. Collection, Storage, and Testing: The facilities of the San Bernardino County Sheriffs Department will be utilized by IRNET to maintain a proper evidence chain on all items collected in pursuit of case preparation. All evidence obtained during an investigation will be tagged and placed into an appropriate evidence locker without unnecessary delay. In addition, when handling seized narcotics or money, no less than two (2) officers will be detailed to actually move or count such contraband. Further, at no time; after seizure and prior to placement in secure storage will less than two (2) officers be allowed to maintain security on such items. As a matter of routine, seized currency will be placed into a plastic bag designed for that purpose. This receptacle will be sealed, dated, and initialed by the case agents and only opened by the appropriate Federal or State agency. Under normal circumstances, currency seized as a result of IRNET investigations will be forfeited through a state or federal government agency. Because of this, the 2013-89 money will be turned over as soon as possible after seizure(within 24 hours) and they will conduct an exact count of the cash. Any deviation from these procedures will require the prior approval of the Program Manager. ARTICLE X. FISCAL GUIDELINES A. Payroll Checks and Balances 1. Payroll All personnel assigned to IRNET will be paid by their respective agency. 2. Sick Time All personnel will utilize sick time in accordance with their respective agency's policies and procedures. Reporting of sick time will be made to the IRNET supervisor. IRNET will notify the officer's agency to assure proper notification and time keeping. 3. Overtime All personnel will attempt to contact/notify the supervisor for approval prior to working overtime. All personnel will, as required, work beyond their normal work day or respond on call-outs as deemed necessary by the Program Manager or supervisor. Each local agency committing manpower to IRNET shall agree to pay for any overtime worked by their respective personnel. IRNET will try to limit overtime worked to forty(40) hours per month, per man. B. Fiscal and Voucher Procedure 1. Special Appropriation Fund The Sheriff of San Bernardino County will absorb a majority of the cost of IRNET during the first 12-18 months of operation. Therefore, a special appropriation fund consisting of twenty-five percent (25%) of all seizures will be returned to IRNET. IRNET will then disperse funds to the Sheriff until his advance to IRNET is satisfied. The utilization, responsibility, accountability, and control of this fund will be determined exclusively by the Program Manager. As surplus funds are accumulated, the Program Manager will report to the Executive Board and a decision will be made on how to utilize the money. 2013-89 A monthly report will be forwarded to the Executive Board reflecting the status of the fund. 2. Investigative Funds Investigative funds are those authorized expenditures incurred by officers while working undercover or on surveillance. They must directly relate to the continuing development of an investigation or informant. The Sheriff of San Bernardino County will provide for the initial funding of this item and will be reimbursed from the Special Appropriation Fund. A voucher will include statement as to the reason the money was expended. By signing the voucher, the officer is attesting to the validity and necessity for the expenditure. a. Date b. Amount c. Reason(s) d. Signature of requester It shall be submitted to a Sergeant for review and authorization signature of the Program Manager. 3. End of Year Accounting A full accounting of all expenditures will be made to the Executive Board by the July Board Meeting of each year. 4. Maintenance of the Fund Pertinent accounting records will be made available to the Executive Board upon their request for inspection and audit. 5. Custodian of the Fund The custodian of the fund is the Program Manager. He or she will: a. Have access to the fund. b. Retain copies of cash advance form, expense vouchers, and receipts applicable to the fund. 2013-89 c. Maintain lists of individuals authorized to draw moneys from the fund and individuals authorized to approve advances and expenditures, will update these lists as appropriate. d. Release cash to authorized individuals upon receiving properly prepared and approved forms. e. Accept cash being returned to the fund and place in the safe and issue a receipt as to relieve the person returning the cash of further responsibility. f. Perform any other duties referred to in this procedure or as may be deemed appropriate in compliance with current San Bernardino County Sheriff s Fiscal procedures. 2013-89 • This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum: / / / JO ''.f cMAHON, Sheriff-Coroner Date San :-rnardino County Sheriffs Department '7ZZeif XL' 6 -). /.i Date Date