HomeMy WebLinkAbout18- Police CITY OF SAN BERNA . ,DINO - REQUEST FC 1 COUNCIL ACTION
From,: Daniel A. Robbins Subject: Police Department
Chief of Police participation in the San
Dept: Police San Bernardino County
Violent Crime Task Force
Date: June 25, 19 9 3
Synopsis of Previous Council action:
None
Recommended motion:
Adopt resolution
Signature
Contact person: Daniel A. Robbins, Chief of Police Phone: 384-5607
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: none Source:
Finance:
Council Notes:
75-0262 Agenda Item No_ Xr
CITY OF SAN BERNt IDINO - REQUEST P-4 COUNCIL ACTION
STAFF REPORT
The City of San Bernardino has experienced a dramatic increase in
violent crimes during the past five years. In 1992, 82 homicides,
147 rapes and attempt rapes, 1849 robberies, and 5, 275 assaults
were reported.
In February 1993 , the Federal Bureau of Investigation (FBI) spear-
headed the formation of the San Bernardino County Violent Crime
Task Force comprised of the FBI and participating state and county
law enforcement agencies. The mission of the task force is to
investigate bank robberies, with a focus on takeovers and serial
robberies, carjackings, and violent crime fugitives within San
Bernardino County and to affect the apprehension of the individuals
responsible for these crimes. The task force is currently
comprised of the FBI, the San Bernardino Sheriff's Department, and
the San Bernardino office of State Parole.
The policy and direction of the task force is governed by an
executive board, comprised of the agency heads, or their
representatives, of participating members. Supervision of
personnel assigned to the task force is the joint responsibility of
the participating members and the FBI.
The placement of one detective from the Police Department on the
task force will authorize the task force to work cases occurring in
the City of San Bernardino. Our participation will enhance both
the efforts of the task force and contribute to the overall efforts
of the Police Department in the apprehension of criminals
committing violent crimes.
The salary and benefits of the assigned detective will be absorbed
from the department's approved compliment of sworn officers with no
additional positions being added. Overtime reimbursement will be
paid by the FBI pursuant to Public Law #102-302, fiscal year 1993 .
All required equipment and training will be provided by the FBI.
The term of the attached Memorandum of Understanding will be for a
period of one year, and may be terminated by either party with a 60
day notice in writing informing the other of their intent to
terminate the agreement.
75.0264
1 RESOLUTION No.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FEDERAL
3 BUREAU OF INVESTIGATION TO PARTICIPATE IN THE SAN BERNARDINO
COUNTY VIOLENT CRIME TASK FORCE.
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Be it resolved by the Mayor and Common Council of
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the City of San Bernardino as follows:
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SECTION 1: The Chief of Police of the City of
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San Bernardino is hereby authorized and directed to execute
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on behalf of said City an agreement with the Federal Bureau
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of Investigation to participate in a multi-agency violent
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crime task force known as the San Bernardino County Violent
11 Crime Task Force. The mission of the task force is to
12 investigate bank robberies, with a focus on takeovers and
13 serial robberies, carjackings, and violent crime fugitives in
14 San Bernardino County and affect the apprehension of the
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individuals who commit such crimes. A copy of the proposed
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Memorandum of Understanding is attached hereto marked Exhibit
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"A" and incorporated herein by reference as though fully set
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forth at length.
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SECTION 2 : The authorization to execute the
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21 above referenced agreement is rescinded if the parties to the
22 agreement fail to execute it within 120 days of the passage
of this resolution.
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FEDERAL
2 BUREAU OF INVESTIGATION TO PARTICIPATE IN THE SAN BERNARDINO
COUNTY VIOLENT CRIME TASK FORCE.
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4 COUNCILMEMBERS AYES NAYS ABSTAIN Alor
5 NEGRETE
6 CURLIN
7 HERNANDEZ
8 OBERHELMAN
9 OFFICE VACANT
10 POPE-LUDLAM
11 MILLER
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13 Rachel Clark, City Clerk
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15 The foregoing resolution is hereby approved this
16 of , 1993 .
17 TOM MINOR, Mayor
18 City of San Bernardino
Approved as to form
19 and legal content:
20 JAMES F. Penman
21 City Attorney
by:
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SAN BERNARDINO COUNTY VIOLENT CRIME TASK FORCE
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by the
Special Agent in Charge of the Los Angeles Federal Bureau of
Investigation (FBI) , and the Chief of Police of the City of San
Bernardino.
PURPOSE
The purpose of this Memorandum is to establish and
delineate the mission of the San Bernardino Area Violent Crime
Task Force, with principle focus in the San Bernardino/Riverside
City and County areas within the territorial boundaries of the
FBI, Riverside, California. Additionally, this Memorandum will
establish and formalize relationships between and among the
participating agencies to maximize inter-agency cooperation in
order to foster an efficient cohesive unit capable of addressing
the problem of bank robberies car jackings, and violent crime
fugitives in the Riverside/San Bernardino City and County areas.
Cooperation among the participating agencies is a
prerequisite to the success of the task force. Therefore, all
agencies will be consulted regarding policy matters, with
responsibility for such decisions being shared by all agencies.
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MISSION
The Task Force will investigate bank robbery
violations/Fugitives with focus on take-overs and serial
robberies in the Riverside/San Bernardino County areas within the
territorial boundaries of the FBI Riverside and effect the
apprehension of the individuals who commit such violations.
COMPOSITION
A. MEMBERS
The Task Force will consist of officers of the San
Bernardino Police Department, Special Agents of the Federal
Bureau of Investigation and all other participating law
enforcement agencies.
B. POLICY AND DIRECTION
The policy and direction of the Task Force will be the
combined shared responsibility of the Special Agent in Charge of
the Los Angeles Office of the Federal Bureau of Investigation,
the San Bernardino County Sheriff, and Chief of Police of San
Bernardino and other member cities.
C. SUPERVISION
Overall supervision of the personnel assigned full-time
to the Task Force shall be the shared responsibility of the FBI,
the San Bernardino Sheriff Department, and the Chief of Police of
San Bernardino and other member cities. The responsibility for
the personal and professional conduct of each Task Force member
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shall remain with the respective agency head, and each agency
shall be responsible for actions of their employees.
D. CIVIL LIABILITY
Each participating Task Force Agency acknowledges that
it is liable for any negligent or wrongful acts or omissions of
its employees while they are on duty and acting within the scope
of their employment. To the extent permissible under Federal
deputization, the Federal Tort Claims Act will also address civil
liability claims against Task Force members.
E. CHAIN OF COMMAND
The FBI Senior Supervisory Resident Agent (SSRA) ,
Riverside Resident Agency, and San Bernardino Police Department
Commander of Investigations (COI) shall be responsible for
supervision of their personnel assigned to the Task Force at that
site.
This SSRA will also be the administrative coordinator
of the Task Force and will, as a result, be responsible for
administering the written work of the Task Force.
Each Task Force member will continue to report to the
respective Agency head for non-investigative administrative
support not detailed herein.
EQUIPMENT
A. VEHICLES
The FBI will provide rental vehicles necessary to
support this Memorandum of Understanding (MOU) , following
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completion of documentation necessary to support local agency
use, subject to available funding. Each Agency will agree, in
turn, to be responsible for the negligent acts or omissions on
its part or its employees in the operation of such vehicles, and
for any damage caused to said vehicles.
B. COMMUNICATIONS
The FBI will provide radio equipment so that each
individual assigned to the Task Force will be able to transmit
and receive on the FBI radio frequencies, and an FBI radio shall
be provided to the immediate supervisor of the San Bernardino
Police Department participants.
C. OFFICE EQUIPMENT
The FBI will provide office equipment and supplies
necessary to carry out the administrative operation of the Task
Force. The FBI will provide other equipment necessary to support
the Task Force. The provision of all equipment will be subject
to available funding.
RECORDS AND REPORTS
All Task Force investigative records will be maintained
at the Los Angeles Office of the FBI. Investigative reports will
be prepared on FBI forms. After a suitable period of training
and familiarization, non-FBI Task Force members shall prepare, on
FBI forms, the required reports, teletypes and other
communications.
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Upon prior conferral with the FBI, The San Bernardino
Police Department's administration will have access to any
administrative and investigative records of the Task Force which
pertain to the respective agency's personnel assigned to the Task
Force.
Disclosure of U.S. Federal Grand Jury material must be
done in accordance with Rule 6 (e) of the Federal Rules of
Criminal Procedure. All investigation will be conducted in
accordance with guidelines of the Attorney General of the United
States.
ASSIGNMENT OF PERSONNEL
A request will be made to the United States Department
Of Justice that those San Bernardino Police Officers and other
members of the Task Force be appointed Special Deputy United
States Marshals.
All members of the Violent Crime Task Force will be
assigned full time to the Task Force. Continued assignment of
members will be based on performance and will be at the
discretion of their respective supervisors.
Leads outside the Los Angeles territory will be
communicated to other FBI offices for investigation.
It is agreed that there will be no unilateral action on
the part of any agency. All investigative action will be
coordinated and cooperatively carried out.
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INFORMANTS
FBI Informant Guidelines will be strictly adhered to,
and all sources developed by Task Force participants will be
operated in compliance with existing FBI Rules and Regulations.
The FBI agrees to pay reasonable and necessary informant expenses
incurred to accomplish the mission of this Memorandum of
Understanding.
ASSIGNMENT OF CASES
All case matters will be assigned to the joint Task
Force members. Each team member will be individually assigned
cases based on - but not limited to - experience, training,
performance and SSRA/COI discretion.
It is recognized that the merging of the resources of
the FBI and the San Bernardino Police Department will create a
Powerful tool which may lend itself to the investigation of
violations of the law other than bank robberies.
Therefore, in those instances where there exists a
criminal violation in the property or personal crimes area,
against which the efficient utilization of the Task Force would
have an appreciable impact, the Task Force may investigate those
matters with the concurrence of each agency head or his designee.
This concurrence will be documented by the approval of a
memorandum regarding the proposed investigation by the respective
agency head or his designee.
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PROSECUTIONS
In general, the Task Force investigations will conform
to the requirements of Federal prosecution and upon completion,
will be submitted in appropriate format to the Office of the
United States Attorney, Los Angeles, for prosecutive action.
The use of investigative methods (search warrants,
interceptions of consensually monitored conversations, informant
operation) and reporting procedures in connection therewith, will
be consistent with the Policy and Procedures of the Federal
Bureau of Investigation.
While the main focus of this Task Force is
identification, apprehension, prosecution, and federal
prosecution of violent fugitives and serial bank robbers, it is
recognized that occasionally a situation may arise in which, on a
case by case basis following consultation between the United
States Attorney and the County District Attorney, the Task Force
may conduct investigations which may be prosecuted in local
court.
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MEDIA
All media releases on Task Force matters will be
mutually agreed upon and coordinated jointly within the existing
guidelines of the respective agencies.
DURATION OF TASK FORCE
The term of this Memorandum of Understanding is for a
one-year period from the date this Memorandum is signed by each
Agency, or at any time by either party.
Semi-annually, the heads of each Agency will meet to
review the overall effectiveness of the Task Force to determine
whether continuation of the Task Force is desired.
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AMENDMENTS TO MEMORANDUM OF UNDERSTANDING
Modifications of this MOU may be made at any time with
the agreement of all parties thereto.
Signed this day of
1993 .
DATE FBI Contract Review Officer
DATE Daniel A. Robbins
Chief of Police
City of San Bernardino, California
DATE CHARLIE J. PARSONS
Special Agent in Charge
Los Angeles Field Office
Federal Bureau of Investigation
Los Angeles, California
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