HomeMy WebLinkAbout12- Fire CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTIOIO R I G I N A L
From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the City of San Bernardino to
enter into a Memorandum of Understanding with the
Bureau of Alcohol, Tobacco, Firearms and
Dept: Fire Explosives (ATF) to form the San Bernardino ATF
Arson Task Force
Date: October 6, 2010 MC/C Meeting Date: November 1, 2010
Synopsis of Previous Council Action:
RECOMMENDATION:
Adopt resolution.
Signature
Contact Person: Doug Dupree, Fire Marshal Phone: (909) 384-5286
Supporting data attached: Staff Report, Resolution, and MOU Ward: Citywide
FUNDING REQUIREMENTS:
Amount: $
Source: (Acct. No.)
(Acct. Descr.)
Finance:
Council Notes:
I
Agenda Item No.
/1-UI - 2
lU
STAFF REPORT
SUBJECT
Resolution authorizing the City of San Bernardino to enter into a Memorandum of
Understanding with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to form the
San Bernardino ATF Arson Task Force.
BACKGROUND
The City of San Bernardino Fire Department recommends entering into a Memorandum of
Understanding (MOU) with the Bureau of Alcohol, Tobacco, Firearms and Explosives (known
as "ATF) to form the San Bernardino ATF Arson Task Force (Exhibit "A"). The mission of the
San Bernardino ATF Arson Task Force is to focus on the reduction of violent crime committed
by acts of arson and explosives within the City of San Bernardino and its surrounding area to
include the entire Inland Empire. The task force will aggressively enforce all arson and
explosive laws, both state and federal.
ATF is a law enforcement organization within the United States Department of Justice with
unique responsibilities dedicated to reducing violent crime and protecting the public. ATF
enforces the federal laws and regulations relating to alcohol, tobacco, firearms, explosives and
arson by working directly and in cooperation with others to:
-Suppress and prevent crime and violence through enforcement, regulation, and
community outreach.
-Ensure fair and proper revenue collection. Provide fair and effective industry regulation.
I
-Support and assist federal, state, local, and international law enforcement.
-Provide innovative training programs in support of criminal and regulatory enforcement
functions.
This partnership will combine resources and expertise to develop a diverse, innovative, and well-
trained work force to collectively achieve goals. Entering into this MOU will benefit both
parties in achieving new levels of effectiveness and teamwork by exchanging information,
assisting in field investigation, and gathering information from incidents within each agency's
jurisdiction.
The MOU is intended to address not only arson situations, but also any situation in which the
mutual arson task force assistance will benefit both parties. The duration of this agreement is
indefinite or until terminated in writing by providing (90) days written notice to the other
participating agencies.
1
FINANCIAL IMPACT
There is no financial impact to the City.
Direct costs that will result from entering into this MOU will be reimbursable by ATF through
the previously signed Memorandum of Agreement with ATF.
RECOMMENDATION
Adopt resolution.
2
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U.S.Department of Justice
Burevu of Alcohol,Tobacco,
pirearm�s and Explosives
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MEMORANDUM OF AGREEMENT
Between the
Bureau of Alcohol,Tobacco, Firearms and Explosives
And
SAN-BRRNARDINU UTY FIRE DEPARTMENT
for
Rciaobursetneut of OvertUne Salary Cost,
Associatod with
ATF TASK FORCE
�Jridra}rlr7YAwvti
1�ris Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco,
r"trearms and Explosives (ATF) and the San Bernardino City Fire Department for the purpose of
r,lrmbursement of overtime salary costs and other costs, with prior ATF approval,including but not
lifnited to travel, fuel, training, and equipment, inm-&zd by the San BerriIardino City Fire
D partment in providing resoumes to assist AIM
P"ents may be made to the extent they are included in ATF's Fiscal Year Platt and the monies
arp available to satisfy the requests(s)for rcG nbursable ovexiime expeosgs.
I
I. DURATION OF"FY MEMORANDUM QF AgUE E
This MOA,is effective with the signatures of all parties and terminates at the close of business
on Soptember 30, 2012, subject to Section V11 of the MOA.
II. ACT" I
This MOA is established pursru►nt to the following provisions:
1. Title 28, U.S.C., Section 524(c), the Department ofJiistice Assets Forfeiture Fund,
which provides for the reirnbursement of certain expenses of local, county, or State law
enforcement agencies incurred as participants in joint operationshask forces with a
D%.-panaiew of the Justice law en!'oreeracnt agency.
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I1. UcperttnenU of Commerce,Justice, end State, the Judiciary,and Related Agencies
Appropriations Bill,which provides for the reimbursement of overtime salary costs of
I local, cotuity, or State,law enforcement agencies incurred while assisting AT in joint law
enforcement operations.
i3. Title 31, U.S.C., Section 9703,the Treasury Forfeiture Fund Act of 1992, which
provides for the reimbursement of cartain expewas of loon);;county, Of State law
enforcement agencies incurred as participants in joint opersiions/task forces with a
Federal law enforcement agency.
If available, the funding for fiscal year 2008, 2009.'2010,2011 arid 2012 is contingent urns
annual appropriation laws, Title 28, U.S.C., Section 524(c), annual appropriations, and Title
3l,U.S.C., Section 332.
If available, funding allocations for reimbursement of expenses will be transmitted throuSh a
separate document.
I
This Memorandum of Agreement (MOA) is not a funding allocation document.
I
PURPOSE OF THIS MEMORANDUM OF_AGrREE1�FN1
This MOA establishes the procedures and responsibilities of both the San Bernardino Cary
}ire Department and ATF for tae reimbursement of certain overtime and other pre-
approved expenses incurred pursuant to the authority in Section 11.
TY NAME OF JOINT OPER.ATION/TAb_FORCE (if applbcable)
IThe name of this joint operation/task force: ATF TASK FORCE-
VI CQN)D 1T"X5�i1yD PROCEDURES
A. i'he San Bernardino City Fire Department shall assign officer(s)to assist ATF in
investigations of Federal, state, and local laws. To the maximum extent possible,
dx uCficer(s)will be assigned on a dedicated,rather than rotational basis. The San
Bernardino City Fire Department shall provide ATr with the name(s),title(s), and
employee identification jtuu►brr(s) bfthe officer(s) assigned to the investigation.
I
B. The San Rrrnardino City pira Department s}+a.11 p&ovide ATF, wlWn Ju days of the
signing of this MOA, with a contact name, title, telephone number and address.
T.be San Bernardino City)tire nerartment shall also provido the name of dic official
responsible for providing audit information under paragraph V1 of this MOA, and
the came of the official authorized to subunit an invoice to ATF under L-.
2
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Lire Department shall provide ATF,within ten(10)
C. The San Bernardino City P
csteudar days of the signing of this agreement,with the finasuial institution 1�c
the law edays zne it agency wants the Electronic Ftmds TrA=fcr(P,F'T`) y Y
deposited for reimbursement. The mechanism'for this h eArMhMen A. When
voudor/Miscellaneous Payaac+nt Enrollment Span, a Asset
completed,forward this form to the i4TT�' Special Agent in Chang
1 orfeiture & Spi7,d property Branch. Boreau of
Te Alcohol,,Tobacco, ton, DC d
Explosives, 650 Massachusetts Avenue NW,
I 202?G.
D. Z'be San Bernardino City Fire Department rn y request reimbursement for payment
of a San Be expenses and other costs with prior ATF approval,including but not
limited to navel,fool,training, and equipment, directly relarad to work performed
by its ofricGr(s)n,yi ►cal as„�wnbors of a joint operatioaltoale force with ATF for
the ptupose of donducting art official investigation.
Z. Invoices submitted to ATF for the paymcmeof vuPco stroll bet geed be.subralticd on the,
appropriate forms as provided by ATF T1
1e
representative of the San Bernardino City Fire Department and
submitted to ATF field office for signature and verification of the invoice.
I Department will submit all requests for reiMbursable
F. The San Bernardino City Fire Deparnn the 1Od,dQy of
payments, together with the appropriate doc;umenMiul' L rA r
each subsequent month that the agency is seeking
(1) If the reimbursement request is not received bye �►tll field office��ag agency.
10th of the subsequent month, the ATF field
in writing,that the reimbursement request is late, and if the reimburserr'cnr
request is not received within the next 10 working days,the overtime costs
will not be reimbursed•
(2) No waivers or extensions Will be granted or honored. '1,he ban aernardino
City Fire Department will submit t1le request for reimbursement to ATF,
ATCN: Earnestine O'Phnrruw, 3801 U►uvusiry Ave. Suita 570,
CA 95201
(3. The A"1T Supervisor shall be responsible row no City Fire pEpartrnent fur
overtime expenses incurred by the
participation with ATF during the joint operation/task f=e. The responsible State
or local official shall also certify that requests for reimbursement of expenses have
not been MAde to other Federal law enforcement agencies.
x• The San Bernardino City Fire Department acknowledges that they retrain fWlY
responsible for their obligations yes responsible fo The ayment�of the o�ertimclie
point operation/tsslc force and are r p
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�amings, withholdings,in.st1rance coverage, and all other requirements by law,
regulations, ordinance or controct regardless of the reimbursable overtime charges
incurred.
L All reimbursable hours of overtime work, covered under this MOA nsust be
approved in advance by the ATF supervisor.
J. T he ATF supervisor will forwtud all approved reiumbursctncnt requesis to the
Special Agent in Charge, Asset Forfeiturt and Seized Property Branch, for payment
K_ This documnsgtgttcs-pot oblitrate funds. Funding authority, with maximum
reimbursemcm costs to any one law enforcement officer during the fiscal year
(October 1 — September 30), will be provided through other documents.
PR06 M AUDIT
'l his MOA and its procedures are subject to audit by ATF,the Department of Justice,
Office of hispmtor General,the Government Accountability office, Anti ATht-f a11ditors
authorized by the Federal government. The San Bernardino City►Fire Department agrees to
permit such audits and agrees to maintain all records relating to thcsc,traasaetions for a
period of not less than.three yeas and in the event of an on-going audit, until such time as
the audit is completed.
These audits include reviews of any and all records, documents,reports, accounts, invoices,
receipts, or t:xperditures relating to thus agreeuieut; as well aa, Uic iii►cr�icW ul any and all
personnel involved in these transactions,
V1II. REVISION
The terms,of tills MOA may be amended upon written approval by the ori&al parties. or
their designated represtntativzs. Any amendment to this MOA becorties effective upon the
date of approval as slated in,the amendment. Either party can cancel this MOA upon 60-
calendar days written notice to the other party. The ATF will only'.,process request for
overtime for overtime incurred before the date of cancellation,absnt a specific wrinen
agreement to the tong•
>L NO PR1rVATE RIGHT CREATEb
This is an internal govenunent agreement between ATF and-the San Bernardino City Fire
Department and is not intended to confer any right or benefit to any private person or party.
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Lori' Sassoon
Acting City Manager Ohn A_ Ones
City of San Bernardino Special Ag t in Chuge
field Division
AT'F
Date: Date:
Melanie S.Stnulett IA Hoover"IT kssistant Direactor irector Mara emer t/CFO tions
Daze:
APPROVED AS TO FORM:
James F. Penman,
City Attorney
By-
ly
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FISCAL YEAR 2007
REQUEST FOR STATE AND LOCAL OVERTIME FUNDING
STATE AND LOCAL DEPARTMENT INFORMATION
Name of Agency: San Bernardino City Fire Department
Agency Address: 200 East Third Street— San Bernardino, CA 92410
Signing Designee's Full Name& Title: John Payan - Captain
Contact Person (reference payments): Kimeng Vong—Account Clerk III
Contact Person's Telephone#: 909-384-5286
Agency's Tax Identification#: 95-6000772
ATF FIELD OFFICE POINT OF CONTACT
ATF Field Office:
RAC/GS Name:
Field Office Address:
Field Office Telephone#:
INVESTIGATIVE EMPHASIS AND JUSTIFICATION
Primary Bureau Project Code:
Task Force Name or Investigation #:
Number of State and Local Personnel to be Assigned to Task Force:
Amount of Funding Requested:
Anticipated Seizures and/or Forfeitures,Equitable Sharing Agreements, or Law
Enforcement Justification for Participation:
Description of the Work of the Task Force or Investigation:
MEMORY TRANSMISSION REPORT
TIME : 10-23-'08 15:08
FAX NO.1 : 9093847237
NAME :Fire Prev.-City Fire
FILE NO. 040
DATE 10.23 15:06
TO : 8 919517867 506
DOCUMENT PAGES 1
START TIME 10.23 15:06
END TIME 10.23 15:08
PAGES SENT 1
STATUS OK
*** SUCCESSFUL TX NOTICE ***
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RESOLUTION NO. COPY
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
INTO A MEMORANDUM OF UNDERSTANDING WITH THE BUREAU OF
3 ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) TO FORM THE SAN
BERNARDINO ATF ARSON TASK FORCE.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. That the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
7
8 and the City of San Bernardino wish to enter into a Memorandum of Understanding (MOU) to
9 form the San Bernardino ATF Arson Task Force;
10 SECTION 2. The City Manager or his designee is hereby authorized and directed to
11 execute said MOU, a copy of which is attached and incorporated herein as Exhibit "A";
12 SECTION 3. Said MOU will be to form the San Bernardino ATF Arson Task Force
13 until either party elects to terminate the agreement pursuant to Section "Duration" of the MOU;
k 14 SECTION 3. The authorization to execute the above referenced Memorandum of
15 Understanding is rescinded if it is not executed within one hundred and twenty (120) days of
16 the passage of this resolution.
17
18
19
20
21
22
23
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
1 INTO A MEMORANDUM OF UNDERSTANDING WITH THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) TO FORM THE SAN
2 BERNARDINO ATF ARSON TASK FORCE.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on
6 the day of , 2010, by the following vote, to wit:
7
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10
DESJARDINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
Rachel G. Clark, City Clerk
19 City of San Bernardino
20
21
The foregoing Resolution is hereby approved this day of 12010.
22
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25
26 Approved as to form:
27 JAM S F. PENMAN, City Attorney
28
By:
2
Exhibit"A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF),
And
CITY OF SAN BERNARDINO FIRE DEPARTMENT
This Memorandum of Understanding("MOU") is entered into by and between the Bureau of Alcohol,
Tobacco, Firearms and Explosives ("ATF") and the City of San Bernardino Fire Department as it relates
to the San Bernardino ATF Arson Task Force (herein referred to as the"Task Force").
BACKGROUND
Because of the large number of fires that have been committed in the Inland Empire and within the City
of San Bernardino, local and federal law enforcement has agreed to combine resources in order to
effectively attempt to reduce the number of arsons for profit within the Inland Empire. It is necessary to
establish a task force that will proactively address what is believed to be a small,prolific and very
dangerous group of criminals who utilize either fires/arson and or explosives for profit, hate crimes,
revenge, crime concealment, vandalism and terrorist incidents.
AUTHORITY
Offenses investigated and enforced pursuant to this MOU are those falling within ATF's jurisdiction. 18
U.S.C. Chapter 40; 27 CFR Part 555.
MISSION
The mission of the task force is to focus on the reduction of violent crime that has been committed by
acts of arson and explosives within the City of San Bernardino, California and its surrounding area to
include the entire Inland Empire. The mission will be generally accomplished through a maximum
effort of investigation, arrest, detention and enhanced prosecution of criminally active violent offenders.
Specifically, efforts will focus on individuals who commit arson, arson for profit, and hate crimes that
can be either prosecuted in State and or Federal Court.
ACTIVITIES AND DUTIES
The Task Force will perform the activities and duties described below:
a. Intensive enforcement of all arson and explosive laws, both state and federal. This is likely
to result in discovering criminal violations committed by violent offenders/organizations,
felons convicted of arson for profit, arson, and explosives laws, and, individuals prohibited
from possession of firearms.
Page 1
Active and aggressive investigations of all fires that are committed within the Inland Empire
and in the City of San Bernardino, to include all fires committed by minors and adults within
the City of San Bernardino. Additionally, the Task Force will jointly work all fires at houses
of worship and all property owned by houses of worship as defined by the National Church
Fire Task Force Directive issued by the United States Attorney General and Department of
Justice.
MEASUREMENT OF SUCCESS
The success of this initiative and its performance will be measured by the participating agencies'
willingness to share pertinent information, overall performance of the task force and crime statistics.
PHYSICAL LOCATION
Officers/agents assigned to this Task Force by their employer shall be referred to as task force officers
(TFOs). TFOs will be assigned to the ATF Riverside Field Office/San Bernardino Satellite Office and
will be located at 3801 University Avenue, Suite 670, Riverside, California 92501.
SUPERVISION AND CONTROL
The day-to-day supervision and administrative control of TFOs will be the mutual responsibility of the
participants,with the ATF Special Agent in Charge or his/her designee having operational control over
all operations related to this Task Force.
Each TFO shall remain subject to their respective agencies'policies, and shall routinely report to
their respective agencies regarding matters unrelated to this agreement/task force. With regard to
matters related to the Task Force, TFOs will be subject to Federal law and Department of Justice
(DOJ) and ATF orders, regulations and policy, including those related to standards of conduct,
sexual harassment, equal opportunity issues and Federal disclosure laws.
Failure to comply with this paragraph could result in a TFO's dismissal from the Task Force.
PERSONNEL, RESOURCES AND SUPERVISION
To accomplish the objectives of the Task Force, ATF will assign two Special Agents to the Task
Force. ATF will also, subject to the availability of funds, provide necessary funds and equipment to
support the activities of the ATF Special Agents and officers assigned to the Task Force. This support
may include: office space, office supplies, travel funds, funds for the purchase of evidence and
information, investigative equipment, training, and other support items.
Each participating agency agrees to make available to their assigned task members any equipment
ordinarily assigned for use by that agency. In the event ATF supplies equipment (which may include
vehicles,weapons or radios), TFOs must abide by any applicable ATF property orders or policy, and
may be required to enter into a separate agreement for their use.
Page 2
To accomplish the objectives of the Task Force, the San Bernardino Fire Department agrees to detail a
minimum of one (1) fulltime TFO to the Task Force for a period of not less than two (2) years.
All TFOs shall qualify with their respective firearms by complying with ATF's Firearms and Weapons
Policy.
SECURITY CLEARANCES
All TFOs will undergo a security clearance and background investigation, and ATF shall bear the costs
associated with those investigations. TFOs must not be the subject of any ongoing investigation by their
department or any other law enforcement agency, and past behavior or punishment, disciplinary,
punitive or otherwise, may disqualify one from eligibility to join the Task Force. ATF has final
authority as to the suitability of TFOs for inclusion on the Task Force.
DEPUTATIONS
ATF, as the sponsoring Federal law enforcement agency,may request at its sole discretion that the
participating agency's TFOs be deputized by the U.S. Marshals Service to extend their jurisdiction, to
include applying for and executing Federal search and arrest warrants, and requesting and executing
Federal grand jury subpoenas for records and evidence involving violations of Federal laws. Such
requests will be made on an individual basis as determined by ATF.
The participating agencies agree that any Federal authority that may be conferred by a deputation is
limited to activities supervised by ATF and will terminate when this MOU is terminated or when the
deputized TFOs leave the Task Force, or at the discretion of ATF.
I
ASSIGNMENTS, REPORTS AND INFORMATION SHARING
An ATF supervisor or designee will be empowered with designated oversight for investigative and
personnel matters related to the Task Force and will be responsible for opening, monitoring, directing
and closing Task Force investigations in accordance with ATF policy and the applicable United States
Attorney General's Guidelines.
Assignments will be based on, but not limited to, experience, training and performance, in addition to
the discretion of the ATF supervisor.
All investigative reports will be prepared utilizing ATF's investigative case management system (N-
Force), utilizing ATF case report numbers. The participating agency will share investigative reports,
findings, intelligence, etc., in furtherance of the mission of this agreement, to the fullest extent allowed
by law. For the purposes of uniformity, there will be no duplication of reports,but rather a single report
prepared by a designated individual which can be duplicated as necessary. Every effort should be made
to document investigative activity on ATF Reports of Investigation(ROI), unless otherwise agreed to by
ATF and the participating agency. This section does not preclude the necessity of individual TFOs to
complete forms required by their employing agency.
Page 3
Information will be freely shared among the TFOs and ATF personnel with the understanding that all
investigative information will be kept strictly confidential and will only be used in furtherance of
criminal investigations. No information gathered during the course of the Task Force, to include
informal communications between TFOs and ATF personnel, may be disseminated to any third party,
non-task force member by any task force member without the express permission of the ATF Special
Agent in Charge or his/her designee.
Any public requests for access to the records or any disclosures of information obtained by task force
members during Task Force investigations will be handled in accordance with applicable statutes,
regulations, and policies pursuant to the Freedom of Information Act and the Privacy Act and other
applicable federal and/or state statutes and regulations.
INVESTIGATIVE METHODS
The parties agree to utilize Federal standards pertaining to evidence handling and electronic surveillance
activities to the greatest extent possible. However, in situations where state or local laws are more
restrictive than comparable Federal law, investigative methods employed by state and local law
enforcement agencies shall conform to those requirements, pending a decision as to a venue for
prosecution.
The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and
reporting procedures in connection therewith will be consistent with the policy and procedures of ATF.
All Task Force operations will be conducted and reviewed in accordance with applicable ATF and
Department of Justice policy and guidelines.
None of the parties to this MOU will knowingly seek investigations under this MOU that would cause a
conflict with any ongoing investigation of an agency not party to this MOU. It is incumbent upon each
participating agency to notify its personnel regarding the Task Force's areas of concern and jurisdiction.
All law enforcement actions will be coordinated and cooperatively carried out by all parties to this
MOU.
INFORMANTS
ATF guidelines and policy regarding the operation of informants and cooperating witnesses will apply to
all informants and cooperating witnesses directed by TFOs.
Informants developed by TFOs may be registered as informants of their respective agencies for
administrative purposes and handling. The policies and procedures of the participating agency with
regard to handling informants will apply to all informants that the participating agency registers. In
addition, it will be incumbent upon the registering participating agency to maintain a file with respect to
the performance of all informants or witnesses it registers. All information obtained from an informant
and relevant to matters within the jurisdiction of this MOU will be shared with all parties to this MOU.
The registering agency will pay all reasonable and necessary informant expenses for each informant that
a participating agency registers.
Page 4
DECONFLICTION
Each participating agency agrees that the deconfliction process requires the sharing of certain
operational information with the Task Force, which, if disclosed to unauthorized persons, could
endanger law enforcement personnel and the public. As a result of this concern, each participating
agency agrees to adopt security measures set forth herein:
a. Each participating agency will assign primary and secondary points of contact.
b. Each participating agency agrees to keep its points of contact list updated.
The points of contact for this Task Force are:
Bureau of Alcohol, Tobacco, Firearms and Explosives: RAC Keith Krolczyk
City of San Bernardino Fire Department: Captain John Payan
City of San Bernardino Fire Department: Fire Marshal/Div. Chief Doug Dupree
EVIDENCE
Evidence shall be maintained by the lead agency having jurisdiction in the court system intended for
prosecution. Evidence generated from investigations initiated by a TFO or ATF special agent intended
for Federal prosecution will be placed in the ATF designated vault, using the procedures found in ATF
orders.
IJURISDICTION/PROSECUTIONS
Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation with the
participating agency and the United States Attorney's Office and appropriate State's attorney offices, to
determine whether cases will be referred for prosecution to the U.S. Attorney's Office or to the relevant
State's attorney's office. This determination will be based upon which level of prosecution will best
serve the interests of justice and the greatest overall benefit to the public. Any question that arises
pertaining to prosecution will be resolved through discussion among the investigative agencies and
prosecuting entities having an interest in the matter.
In the event that a state or local matter is developed that is outside the jurisdiction of ATF or it is
decided that a case will be prosecuted on the state or local level, ATF will provide all relevant
information to state and local authorities, subject to Federal law. Whether to continue investigation of
state and local crimes is at the sole discretion of the state or local participating agency.
USE OF FORCE
All fulltime TFOs will comply with ATF and the Department of Justice's (DOJ's) use of force policies.
TFOs must be briefed on ATF's and DOJ's use of force policy by an ATF official, and will be provided
with a copy of such policy.
Page 5
MEDIA
Media relations will be handled by ATF and the U.S. Attorney's Office's public information officers in
coordination with each participating agency. Information for press releases will be reviewed and
mutually agreed upon by all participating agencies, who will take part in press conferences. Assigned
personnel will be informed not to give statements to the media concerning any ongoing investigation or
prosecution under this MOU without the concurrence of the other participants and,when appropriate,
the relevant prosecutor's office.
All personnel from the participating agencies shall strictly adhere to the requirements of Title 26, United
States Code, § 6103. Disclosure of tax return information and tax information acquired during the
course of investigations involving National Firearms Act(NFA) firearms as defined in 26 U.S.C.,
Chapter 53 shall not be made except as provided by law.
SALARY/OVERTIME COMPENSATION
During the period of the MOU, participating agencies will provide for the salary and employment
benefits of their respective employees. All participating agencies will retain control over their
employees' work hours, including the approval of overtime.
ATF may have funds available to reimburse overtime to the State and Local TFO's agency, subject to
the guidelines of the Department of Justice Asset Forfeiture Fund. This funding would be available
under the terms of a memorandum of agreement (MOA) established pursuant to the provisions of 28
U.S.C. section 524. The participating agency agrees to abide by the applicable Federal law and policy
with regard to the payment of overtime from the Department of Justice Asset Forfeiture Fund. The
participating agency must be recognized under State law as a law enforcement agency and their officers/
troopers/investigators as sworn law enforcement officers. If required or requested, the participating
agency shall be responsible for demonstrating to the Department of Justice that its personnel are law
enforcement officers for the purpose of overtime payment from the Department of Justice Asset
Forfeiture Fund. This MOU is not a funding document.
In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in Charge
or designee shall be responsible for certifying reimbursement requests for overtime expenses incurred as
a result of this agreement.
AUDIT INFORMATION
Operations under this MOU are subject to audit by ATF, the Department of Justice's Office of the
Inspector General, the Government Accountability Office, and other Government-designated auditors.
Participating agencies agree to permit such audits and to maintain all records relating to Department of
Justice Asset Forfeiture Fund payments for expenses either incurred during the course of this Task Force
or for a period of not less than three (3) years and, if an audit is being conducted, until such time that the
audit is officially completed, whichever is greater.
Page 6
FORFEITURES/SEIZURES
All assets seized for administrative forfeiture will be seized and forfeited in compliance with the rules
and regulations set forth by the U.S. Department of Justice Asset Forfeiture guidelines.
When the size or composition of the item(s) seized make it impossible for ATF to store it, any of the
participating agencies having the storage facilities to handle the seized property agree to store the
property at no charge and to maintain the property in the same condition as when it was first taken into
custody. The agency storing said seized property agrees not to dispose of the property until authorized
to do so by ATF.
The MOU provides that proceeds from forfeitures will be shared, with sharing percentages based upon
the U.S. Department of Justice Asset Forfeiture policies on equitable sharing of assets, such as
determining the level of involvement by each participating agency. Task Force assets seized through
administrative forfeiture will be distributed in equitable amounts based upon the number of full-time
persons committed by each participating agency. Should it become impossible to separate the assets
into equal shares, it will be the responsibility of all the participating agencies to come to an equitable
decision. If this process fails and an impasse results,ATF will become the final arbitrator of the
distributive shares for the participating agencies
DISPUTE RESOLUTION
In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the
Task Force's goals and objectives. The parties to this MOU agree to attempt to resolve any disputes
regarding jurisdiction, case assignments and workload at the lowest level possible.
LIABILITY
ATF acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its
officers and employees, including TFOs, while on duty and acting within the scope of their federal
employment, to the extent permitted by the Federal Tort Claims Act.
Claims against the United States for injury or loss of property,personal injury, or death arising or
resulting from the negligent or wrongful act or omission of any Federal employee while acting within
the scope of his or her office or employment are governed by the Federal Tort Claims Act, 28 U.S.C.
sections 1346(b), 2672-2680 (unless the claim arises from a violation of the Constitution of the United
States, or a violation of a statute of the United States under which other recovery is authorized).
Except as otherwise provided, the parties agree to be solely responsible for the negligent or wrongful
acts or omissions of their respective employees and will not seek financial contributions from the other
for such acts or omissions. Legal representation by the United States is determined by the United States
Department of Justice on a case-by-case basis. ATF cannot guarantee the United States will provide
legal representation to any State or local law enforcement officer.
Page 7
Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of this
MOU will be the sole responsibility of the respective agent or officer and agency involved.
DURATION
This MOU shall remain in effect until it is terminated in writing (to include electronic mail and
facsimile). All participating agencies agree that no agency shall withdraw from the Task Force without
providing ninety(90) days written notice to other participating agencies. If any participating agency
withdraws from the Task Force prior to its termination, the remaining participating agencies shall
determine the distributive share of assets for the withdrawing agency, in accordance with Department of
Justice guidelines and directives.
The MOU shall be deemed terminated at the time all participating agencies withdraw and ATF elects not
to replace such members, or in the event ATF unilaterally terminates the MOU upon 90 days written
notice to all the remaining participating agencies.
MODIFICATIONS
This agreement may be modified at any time by written consent of all participating agencies.
Modifications shall have no force and effect unless such modifications are reduced to writing and signed
by an authorized representative of each participating agency.
ENDORSEMENTS
This agreement shall be effective on the date of signature by all participating parties. Parties to this
agreement may terminate their participation at any time upon written notification of their intent to
withdraw to all other parties in agreement.
In witness whereof,the parties have hereunto executed this memorandum of understanding.
Bureau of Alcohol, Tobacco, Firearms and Explosives
John A. Torres Date
Special Agent in Charge
City of San Bernardino Fire Department Approved as to form:
James F. Penman, City Attorney
By:
Michael J. Conrad Date
Fire Chief
Page 8
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE BUREAU OF ALCOHOL,TOBACCO, FIREARMS AND EXPLOSIVES (ATF),
And
CITY OF SAN BERNARDINO FIRE DEPARTMENT
This Memorandum of Understanding ("MOU") is entered into by and between the Bureau of Alcohol,
Tobacco, Firearms and Explosives ("ATF") and the City of San Bernardino Fire Department as it relates
to the San Bernardino ATF Arson Task Force (herein referred to as the "Task Force").
BACKGROUND
Because of the large number of fires that have been committed in the Inland Empire and within the City
of San Bernardino, local and federal law enforcement has agreed to combine resources in order to
effectively attempt to reduce the number of arsons for profit within the Inland Empire. It is necessary to
establish a task force that will proactively address what is believed to be a small,prolific and very
dangerous group of criminals who utilize either fires/arson and or explosives for profit, hate crimes,
revenge, crime concealment, vandalism and terrorist incidents.
AUTHORITY
Offenses investigated and enforced pursuant to this MOU are those falling within ATF's jurisdiction. 18
U.S.C. Chapter 40; 27 CFR Part 555.
MISSION
The mission of the task force is to focus on the reduction of violent crime that has been committed by
acts of arson and explosives within the City of San Bernardino, California and its surrounding area to
include the entire Inland Empire. The mission will be generally accomplished through a maximum
effort of investigation, arrest, detention and enhanced prosecution of criminally active violent offenders.
Specifically, efforts will focus on individuals who commit arson, arson for profit, and hate crimes that
can be either prosecuted in State and or Federal Court.
ACTIVITIES AND DUTIES
The Task Force will perform the activities and duties described below:
a. Intensive enforcement of all arson and explosive laws, both state and federal. This is likely
to result in discovering criminal violations committed by violent offenders/organizations,
felons convicted of arson for profit, arson, and explosives laws, and, individuals prohibited
from possession of firearms.
Page 1
Active and aggressive investigations of all fires that are committed within the Inland Empire
and in the City of San Bernardino, to include all fires committed by minors and adults within
the City of San Bernardino. Additionally, the Task Force will jointly work all fires at houses
of worship and all property owned by houses of worship as defined by the National Church
Fire Task Force Directive issued by the United States Attorney General and Department of
Justice.
MEASUREMENT OF SUCCESS
The success of this initiative and its performance will be measured by the participating agencies'
willingness to share pertinent information, overall performance of the task force and crime statistics.
PHYSICAL LOCATION
Officers/agents assigned to this Task Force by their employer shall be referred to as task force officers
(TFOs). TFOs will be assigned to the ATF Riverside Field Office/San Bernardino Satellite Office and
will be located at 3801 University Avenue, Suite 670, Riverside, California 92501.
SUPERVISION AND CONTROL
The day-to-day supervision and administrative control of TFOs will be the mutual responsibility of the
participants, with the ATF Special Agent in Charge or his/her designee having operational control over
all operations related to this Task Force.
Each TFO shall remain subject to their respective agencies'policies, and shall routinely report to
their respective agencies regarding matters unrelated to this agreement/task force. With regard to
matters related to the Task Force, TFOs will be subject to Federal law and Department of Justice
(DOJ) and ATF orders, regulations and policy, including those related to standards of conduct,
sexual harassment, equal opportunity issues and Federal disclosure laws.
Failure to comply with this paragraph could result in a TFO's dismissal from the Task Force.
PERSONNEL, RESOURCES AND SUPERVISION
To accomplish the objectives of the Task Force, ATF will assign two Special Agents to the Task
Force. ATF will also, subject to the availability of funds,provide necessary funds and equipment to
support the activities of the ATF Special Agents and officers assigned to the Task Force. This support
may include: office space, office supplies, travel funds, funds for the purchase of evidence and
information, investigative equipment, training, and other support items.
Each participating agency agrees to make available to their assigned task members any equipment
ordinarily assigned for use by that agency. In the event ATF supplies equipment(which may include
vehicles,weapons or radios), TFOs must abide by any applicable ATF property orders or policy, and
may be required to enter into a separate agreement for their use.
Page 2
To accomplish the objectives of the Task Force, the San Bernardino Fire Department agrees to detail a
t minimum of one (1) fulltime TFO to the Task Force for a period of not less than two (2) years.
All TFOs shall qualify with their respective firearms by complying with ATF's Firearms and Weapons
Policy.
SECURITY CLEARANCES
All TFOs will undergo a security clearance and background investigation, and ATF shall bear the costs
associated with those investigations. TFOs must not be the subject of any ongoing investigation by their
department or any other law enforcement agency, and past behavior or punishment, disciplinary,
punitive or otherwise, may disqualify one from eligibility to join the Task Force. ATF has final
authority as to the suitability of TFOs for inclusion on the Task Force.
DEPUTATIONS
ATF, as the sponsoring Federal law enforcement agency, may request at its sole discretion that the
participating agency's TFOs be deputized by the U.S. Marshals Service to extend their jurisdiction,to
include applying for and executing Federal search and arrest warrants, and requesting and executing
Federal grand jury subpoenas for records and evidence involving violations of Federal laws. Such
requests will be made on an individual basis as determined by ATF.
The participating agencies agree that any Federal authority that may be conferred by a deputation is
limited to activities supervised by ATF and will terminate when this MOU is terminated or when the
deputized TFOs leave the Task Force, or at the discretion of ATF.
ASSIGNMENTS, REPORTS AND INFORMATION SHARING
An ATF supervisor or designee will be empowered with designated oversight for investigative and
personnel matters related to the Task Force and will be responsible for opening, monitoring, directing
and closing Task Force investigations in accordance with ATF policy and the applicable United States
Attorney General's Guidelines.
Assignments will be based on, but not limited to, experience, training and performance, in addition to
the discretion of the ATF supervisor.
All investigative reports will be prepared utilizing ATF's investigative case management system (N-
Force), utilizing ATF case report numbers. The participating agency will share investigative reports,
findings, intelligence, etc., in furtherance of the mission of this agreement, to the fullest extent allowed
by law. For the purposes of uniformity,there will be no duplication of reports,but rather a single report
prepared by a designated individual which can be duplicated as necessary. Every effort should be made
to document investigative activity on ATF Reports of Investigation(ROI), unless otherwise agreed to by
ATF and the participating agency. This section does not preclude the necessity of individual TFOs to
complete forms required by their employing agency.
ter.•
Page 3
Information will be freely shared among the TFOs and ATF personnel with the understanding that all
investigative information will be kept strictly confidential and will only be used in furtherance of
criminal investigations. No information gathered during the course of the Task Force, to include
informal communications between TFOs and ATF personnel, may be disseminated to any third party,
non-task force member by any task force member without the express permission of the ATF Special
Agent in Charge or his/her designee.
Any public requests for access to the records or any disclosures of information obtained by task force
members during Task Force investigations will be handled in accordance with applicable statutes,
regulations, and policies pursuant to the Freedom of Information Act and the Privacy Act and other
applicable federal and/or state statutes and regulations.
INVESTIGATIVE METHODS
The parties agree to utilize Federal standards pertaining to evidence handling and electronic surveillance
activities to the greatest extent possible. However, in situations where state or local laws are more
restrictive than comparable Federal law, investigative methods employed by state and local law
enforcement agencies shall conform to those requirements,pending a decision as to a venue for
prosecution.
The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and
reporting procedures in connection therewith will be consistent with the policy and procedures of ATF.
All Task Force operations will be conducted and reviewed in accordance with applicable ATF and
Department of Justice policy and guidelines.
None of the parties to this MOU will knowingly seek investigations under this MOU that would cause a
conflict with any ongoing investigation of an agency not party to this MOU. It is incumbent upon each
participating agency to notify its personnel regarding the Task Force's areas of concern and jurisdiction.
All law enforcement actions will be coordinated and cooperatively carried out by all parties to this
MOU.
INFORMANTS
ATF guidelines and policy regarding the operation of informants and cooperating witnesses will apply to
all informants and cooperating witnesses directed by TFOs.
Informants developed by TFOs may be registered as informants of their respective agencies for
administrative purposes and handling. The policies and procedures of the participating agency with
regard to handling informants will apply to all informants that the participating agency registers. In
addition, it will be incumbent upon the registering participating agency to maintain a file with respect to
the performance of all informants or witnesses it registers. All information obtained from an informant
and relevant to matters within the jurisdiction of this MOU will be shared with all parties to this MOU.
The registering agency will pay all reasonable and necessary informant expenses for each informant that
a participating agency registers.
Page 4
DECONFLICTION
Each participating agency agrees that the deconfliction process requires the sharing of certain
operational information with the Task Force, which, if disclosed to unauthorized persons, could
endanger law enforcement personnel and the public. As a result of this concern, each participating
agency agrees to adopt security measures set forth herein:
a. Each participating agency will assign primary and secondary points of contact.
b. Each participating agency agrees to keep its points of contact list updated.
The points of contact for this Task Force are:
Bureau of Alcohol, Tobacco, Firearms and Explosives: RAC Keith Krolczyk
City of San Bernardino Fire Department: Captain John Pagan
City of San Bernardino Fire Department: Fire Marshal/Div. Chief Doug Dupree
EVIDENCE
Evidence shall be maintained by the lead agency having jurisdiction in the court system intended for
prosecution. Evidence generated from investigations initiated by a TFO or ATF special agent intended
for Federal prosecution will be placed in the ATF designated vault, using the procedures found in ATF
orders.
JURISDICTION/PROSECUTIONS
Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation with the
participating agency and the United States Attorney's Office and appropriate State's attorney offices, to
determine whether cases will be referred for prosecution to the U.S. Attorney's Office or to the relevant
State's attorney's office. This determination will be based upon which level of prosecution will best
serve the interests of justice and the greatest overall benefit to the public. Any question that arises
pertaining to prosecution will be resolved through discussion among the investigative agencies and
prosecuting entities having an interest in the matter.
In the event that a state or local matter is developed that is outside the jurisdiction of ATF or it is
decided that a case will be prosecuted on the state or local level, ATF will provide all relevant
information to state and local authorities, subject to Federal law. Whether to continue investigation of
state and local crimes is at the sole discretion of the state or local participating agency.
USE OF FORCE
All fulltime TFOs will comply with ATF and the Department of Justice's (DOJ's) use of force policies.
TFOs must be briefed on ATF's and DOJ's use of force policy by an ATF official, and will be provided
with a copy of such policy.
t
Page 5
MEDIA
Media relations will be handled by ATF and the U.S. Attorney's Office's public information officers in
coordination with each participating agency. Information for press releases will be reviewed and
mutually agreed upon by all participating agencies, who will take part in press conferences. Assigned
personnel will be informed not to give statements to the media concerning any ongoing investigation or
prosecution under this MOU without the concurrence of the other participants and, when appropriate,
the relevant prosecutor's office.
All personnel from the participating agencies shall strictly adhere to the requirements of Title 26, United
States Code, § 6103. Disclosure of tax return information and tax information acquired during the
course of investigations involving National Firearms Act(NFA) firearms as defined in 26 U.S.C.,
Chapter 53 shall not be made except as provided by law.
SALARY/OVERTIME COMPENSATION
During the period of the MOU,participating agencies will provide for the salary and employment
benefits of their respective employees. All participating agencies will retain control over their
employees' work hours, including the approval of overtime.
ATF may have funds available to reimburse overtime to the State and Local TFO's agency, subject to
the guidelines of the Department of Justice Asset Forfeiture Fund. This funding would be available
under the terms of a memorandum of agreement (MOA) established pursuant to the provisions of 28
U.S.C. section 524. The participating agency agrees to abide by the applicable Federal law and policy
with regard to the payment of overtime from the Department of Justice Asset Forfeiture Fund. The
participating agency must be recognized under State law as a law enforcement agency and their officers/
troopers/investigators as sworn law enforcement officers. If required or requested, the participating
agency shall be responsible for demonstrating to the Department of Justice that its personnel are law
enforcement officers for the purpose of overtime payment from the Department of Justice Asset
Forfeiture Fund. This MOU is not a funding document.
In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in Charge
or designee shall be responsible for certifying reimbursement requests for overtime expenses incurred as
a result of this agreement.
AUDIT INFORMATION
Operations under this MOU are subject to audit by ATF, the Department of Justice's Office of the
Inspector General, the Government Accountability Office, and other Government-designated auditors.
Participating agencies agree to permit such audits and to maintain all records relating to Department of
Justice Asset Forfeiture Fund payments for expenses either incurred during the course of this Task Force
or for a period of not less than three(3) years and, if an audit is being conducted, until such time that the
audit is officially completed, whichever is greater.
Page 6
FORFEITURES/SEIZURES
All assets seized for administrative forfeiture will be seized and forfeited in compliance with the rules
and regulations set forth by the U.S. Department of Justice Asset Forfeiture guidelines.
When the size or composition of the item(s) seized make it impossible for ATF to store it, any of the
participating agencies having the storage facilities to handle the seized property agree to store the
property at no charge and to maintain the property in the same condition as when it was first taken into
custody. The agency storing said seized property agrees not to dispose of the property until authorized
to do so by ATF.
The MOU provides that proceeds from forfeitures will be shared, with sharing percentages based upon
the U.S. Department of Justice Asset Forfeiture policies on equitable sharing of assets, such as
determining the level of involvement by each participating agency. Task Force assets seized through
administrative forfeiture will be distributed in equitable amounts based upon the number of full-time
persons committed by each participating agency. Should it become impossible to separate the assets
into equal shares, it will be the responsibility of all the participating agencies to come to an equitable
decision. If this process fails and an impasse results, ATF will become the final arbitrator of the
distributive shares for the participating agencies
DISPUTE RESOLUTION
In cases of overlapping jurisdiction,the participating agencies agree to work in concert to achieve the
Task Force's goals and objectives. The parties to this MOU agree to attempt to resolve any disputes
regarding jurisdiction, case assignments and workload at the lowest level possible.
LIABILITY
ATF acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its
officers and employees, including TFOs,while on duty and acting within the scope of their federal
employment, to the extent permitted by the Federal Tort Claims Act.
Claims against the United States for injury or loss of property, personal injury, or death arising or
resulting from the negligent or wrongful act or omission of any Federal employee while acting within
the scope of his or her office or employment are governed by the Federal Tort Claims Act, 28 U.S.C.
sections 1346(b), 2672-2680 (unless the claim arises from a violation of the Constitution of the United
States, or a violation of a statute of the United States under which other recovery is authorized).
Except as otherwise provided, the parties agree to be solely responsible for the negligent or wrongful
acts or omissions of their respective employees and will not seek financial contributions from the other
for such acts or omissions. Legal representation by the United States is determined by the United States
Department of Justice on a case-by-case basis. ATF cannot guarantee the United States will provide
legal representation to any State or local law enforcement officer.
Page 7
Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of this
MOU will be the sole responsibility of the respective agent or officer and agency involved.
DURATION
This MOU shall remain in effect until it is terminated in writing(to include electronic mail and
facsimile). All participating agencies agree that no agency shall withdraw from the Task Force without
providing ninety(90) days written notice to other participating agencies. If any participating agency
withdraws from the Task Force prior to its termination, the remaining participating agencies shall
determine the distributive share of assets for the withdrawing agency, in accordance with Department of
Justice guidelines and directives.
The MOU shall be deemed terminated at the time all participating agencies withdraw and ATF elects not
to replace such members, or in the event ATF unilaterally terminates the MOU upon 90 days written
notice to all the remaining participating agencies.
MODIFICATIONS
This agreement may be modified at any time by written consent of all participating agencies.
Modifications shall have no force and effect unless such modifications are reduced to writing and signed
by an authorized representative of each participating agency.
ENDORSEMENTS
This agreement shall be effective on the date of signature by all participating parties. Parties to this
agreement may terminate their participation at any time upon written notification of their intent to
withdraw to all other parties in agreement.
In witness whereof, the parties have hereunto executed this memorandum of understanding.
Bureau of Alcohol, Tobacco, Firearms and Explosives
John A. Torres Date
Special Agent in Charge
City of San Bernardino Fire Department Approved as to form:
James F. Penman, City Attorney
By:
Michael J. Conrad Date
Fire Chief
Page 8