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HomeMy WebLinkAbout24-Police Department ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the California Department of Justice Bureau of Narcotics Enforcement Inland Crackdown Allied (INCA) task force. Dept: Police Date: July 12, 2005 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution ~7-7YfJ SI ture Contact person: Mit~h::ll Kiml)::I1I Phone: 1R.4-~f\?f\ Supporting data attached: yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: N/A Finance: Council Notes: ~. ,)-o03,~-}f 5" Agenda Item No. ~ f/IS/OS CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the California Department of Justice Bureau of Narcotic Enforcement Inland Crackdown Allied (INCA) task force. BACKGROUND Several investigative drug task forces currently work in the Riverside District Office of the California Department of Justice (DOJ) Bureau of Narcotic Enforcement (BNE). Chief Garrett Zimmon and the San Bernardino Police Department have been asked by the Bureau of Narcotic Enforcement (BNE) Special Agent in Charge of the Riverside office to participate in a task force that operates within the Inland Empire region. It is proposed that one officer from the San Bernardino Police Department Narcotics Unit be assigned to the BNE Inland Crackdown Allied (INCA) task force to enhance drug enforcement efforts in the San Bernardino area. The trafficking of narcotics and dangerous drugs, as well as other associated illegal activity, has a substantial detrimental effect on the health and general welfare of community members in the City of San Bernardino. Pursuant to this agreement, the California Department of Justice will assist the San Bernardino Police Department in the cleanup and investigative processing of clandestine methamphetamine laboratories. The San Bernardino Police Department would be responsible for providing an officer and related safety equipment to the task force. Any additional equipment needs are the responsibility of the California Department of Justice (DOJ) Bureau of Narcotic Enforcement (BNE). Task force supervision will be the responsibility of BNE managers and employee oversight will remain the responsibility of the San Bernardino Police Department. The assigned employee will be responsible for adherence to all rules and regulations of the San Bernardino Police Department while working within the BNE INCA task force. The BNE INCA task force that the San Bernardino Police Department will be partnering with includes investigators from: California Department of Justice Bureau of Narcotic Enforcement California Department of Alcohol Beverage Control Riverside Police Department Riverside County Sheriffs Department United States Customs Beaumont Police Department Palm Springs Police Department Corona Police Department Assignment to the task force will be for a period of five years. Participation in the DOJ/BNE INCA task force may be terminated at any time with 30 days written notice. Any training needs related to task force operations will be provided by the California Department of Justice (DOJ) Bureau of Narcotics (BNE), with no charge to the City of San Bernardino or the San Bernardino Police Department. Participation in this task force provides the City of San Bernardino and the San Bernardino Police Department an allocated share of assets seized in those investigations participated in by the task force officer. FINANCIAL IMPACT There will be no impact to the City's General Fund or Police Department budget. The MOD agreement provides that DOJ/BNE will reimburse the San Bernardino Police Department during the fiscal year for overtime payments made to the assigned task force officer, up to 95 hours per year at the pay-step of a Special Agent, range C. RECOMMENDA nONS Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 I 18 19 20 21 22 23 24 25 III 26 27 28 RESOLUTION NO. ro lP y RESOLCTIO~ OF THE 1\1 A YOR A:\"D CO!\1:\10:\' COF\'CIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIO:\' OF A MEMORA:\Dl.'!\1 OF CNDERSTA:\DIl\G C\10U) FOR THE SAN BER"iARDINO POLICE DEPART!\lENT TO PARTICIPATE AS A MEMBER OF THE CALIFORi'\'IA DEPARTMENT OF JCSTICE BlTREAlT OF NARCOTIC ENFORCEME:\T INLAND CRACKDOWN ALLIED (INCA) TASK FORCE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino authorizes the f\layor, or her designee, to execute an agreement between the City of San Bernardino Police Department and the California Department of Justice Bureau of Narcotic Enforcement authorizing the San Bernardino Police Department to participate as a member of the Inland Crackdown Allied (INCA) task force operating in the Inland Empire. SECTION 2. The authorization to execute the above referenced memorandum of understanding is rescinded if it is not executed within sixty (60) days of the passage of this resolution. Yco/l1 f /1~/lJ5 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 -1 5 6 7 RESOLlJTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER~ARDINO AliTHORIZING THE EXECUTION OF A ME:\IORA:\DL:\I OF U\DERST ANDING (MOU) FOR THE SAN BER.~ARDI;\O POLICE DEPARDIENT TO PARTICIPATE AS A MEMBER OF THE CALlFOR.'\IA DEPART:\1ENT OF JUSTICE BUREAU OF NARCOTIC ENFORCE:\1EI\T INLAND CRACKDOWN ALLIED (INCA) TASK FORCE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof. 8 held on the day of , 2005, by the following vote, to wit: 9 Councill\lembers Nays Abstain Absent Aves ESTRADA LONGYILLE McGINNIS DERRY KELLEY JOHNSO"i McCAl\I\;IACK City Clerk The foregoing resolution is hereby approved this day of ,2005. JUDITH Y ALLES, Mayor City of San Bernardino Approved as to fornl and legal content: JAMES F. PE).'MAN City Attorney By: I' ',;-; t \'{',.t " '" . , /1 I ! i .I r,>( INLAND CRACKDOWN ALLIED (INCA) TASK FORCE MEMORANDUM OF UNDERSTANDING Memorandum of Understanding Table of Contents Memorandum of Understanding 1 I. Purpose 2 II. Mission Statement 2 m. Executive Committee 2 IV. Management 3 V. Task Force Commander 3 VI. Overtime 3-4 VII. Equipment and property 4 Vill. Travel Expense 5 IX. Asset Forfeiture 5 X. Administration and Audit 5-6 XI. Non-Discrimination Clause 6 XII. Respective Responsibilities 6 XIII. Workers' Compensation Insurance 6 XIV. Other 6 XV. Term of Agreement 7 XVI. Authorization 7-8 MEMORANDUM OF UNDERSTANDING This memorandum of Understanding (MOU) is entered into by the California Department of Just (hereinafter "DO]'"), Division of Law Enforcement 9hereinafter "DLE"), Bureau of Narcotic Enforcement (hereinafter "BNE"), and the following participating agencies: . Beaumont Police Department . California Department of Alcohol Beverage Control (ABC) . Corona Police Department . Drug Enforcement Administration . Palm Springs Police Department . Riverside Police Department . Riverside Sheriff s Department . Immigration and Customs Enforcement . San Bernardino Police Department NO ONE AGENCY CAN EFFECTIVELY WORK NARCOTIC ENFORCEMENT I. PIJRPOSE The purpose of this memorandum is to set forth the responsibilities of the parties signing it, in an effort knovm as the Inland CrackDown Allied (INCA) Task Force. Use of this task force concept is intended to ensure a well-coordinated narcotic enforcement effort and increase the flow of narcotic-related intelligence information among the various law enforcement agencies in California II. MISSION STATEMENT The INCA Task Force is a multi-agency narcotic task force with participation by federal, state, and local agencies targeting major drug cartels within the Inland Empire region of the Los Angeles HIDT A. The primary focus of the task force is cocaine and money laundering, with mdhamphetamine, heroin and marijuana investigations as a secondary mission. The intent of the task force is to significantly diminish the availability of these drugs to the drug trafficking organizations and apprehend the responsible offenders, thereby increasing public safety. III. EXECUTIVE COMMITTEE The INCA Task Force will be governed by an Executive Board. Structure - The Executive Board will consist of the Senior Special Agent-in-Charge (SSAC) of the Riverside BNE Regional Office or his/her designee; and the department heads of each participating agency or his/her designee. The participants of the board may change on a case-by-case basis. The Chairman of the Executive Board shall be the SSAC of the Riverside BNE Regional Office or his/her designee. . Participating Agency - A "Participating Agency" is an allied local, state, or federal law enforcement agency that has made a commitment of resources either on an on-going general commitment basis or on a case-by-case basis. . Role - The Executive Board shall meet on a quarterly basis, or as the Board deems fit, for the purpose ofreviewing the activities of the INCA Task Force. The members shall have general responsibility for the oversight of INCA Task Force operations. . Policy Authority - The Executive Board shall be responsible for the INCA Task Force policies and operating procedures. The Board shall periodically review and evaluate INCA Task Force operations, goals, objectives, policies and procedures. In addition, the Board shall resolve member agency conflicts with BNE policies and procedures. The selection or removal of personnel assigned to the INCA Task Force will be at the discretion of the Executive Board. The Chairman of the Executive Board shall have final authority. 2. IV. MANAGEMENT The administrative management and direction of INCA Task Force resources will primarily be the responsibility of the SSAC through the Program Manager The INCA Task Force will be staffed with state personnel made up of Special Agent Supervisors, Special Agents, Criminal Intelligence Specialists, Auditors, Property Controllers, and Clerical Support or equivalent classifications. Local, state and federal officers will be assigned to target specific organizations. BNE shall retain supervisory control of the personnel assigned to the INCA Task Force, \\-;th the agreement that all member agency personnel assigned to the INCA Task Force shall operate under the BNE Policy and Procedures Manual. V. TASK FORCE COMMANDER A Special Agent Supervisor (SAS) from BNE shall be the Program Manager of the INCA Task Force and will report to the Executive Board through the Chairperson of the Board. The Task Force Program Manager takes direction and supervision from his SSAC, the Chairman of the Executive Board. The Program Manager will provide the Executive Board with quarterly and annual reports of INCA Task Force activities. Any personnel assigned to the INCA Task Force shall work under the immediate supervision of the INCA Task Force Supervisors and shall adhere to the published policies and procedures ofBNE. The INCA Task Force Program Manager will be responsible for the management of the supervisors and the overall program. VI. OVERTIME The Legislation for the INCA Task Force Program authorizes the payment of overtime to local and state law enforcement officers as established by DOl. Funding is not available for reimbursement to federal agencies. All overtime worked by BNE personnel and all state and local law enforcement officers must be with prior approval of the Program Manager or his/her designee. If an assignment, investigation or project requires overtime, the employee must get approval from the Program Manager or his/her designee. The authorized overtime rate DOJ can reimburse a participating agency officer is not to exceed the Special Agent Range C top step overtime rate (this figure will change with cost of living raises). A maximum of (95) hours of overtime in any calendar quarter can be reimbursed if operational needs require and iffunds are available from DOl. The SAC is responsible for ensuring the overtime payments are legitimate and not excessive. Reimbursement under this section is subject to the availability of funds. Payments will be based upon the rate of pay for each participating agency officer on the list attached to this Memorandum of Understanding. Overtime will be reimbursed directly to the participating agency. The 95 hour cap is only as it relates to payment by BNE and not HIDTA, OCDETF, or other funds. 3. The disclaimer on the "Overtime Reimbursement Invoice" must be signed by the supervisor of the participating agency payroll department verifying that the authorized hours were paid by the participating agency in accordance with FLSA regulations. FLSA requires overtime to be paid at a minimum rate of one-and-one-ha]ftimes the standard rate. By signing this agreement, the participating agency agrees and understands that they will be in compliance with the Federal Labor Standards Act (FLSA) and are responsible for any amount above the authorized amount DOJ can reimburse. Each participating agency is responsible for providing their respective personnel with salaries, benefits and overtime in accordance with FLSA regulations. Vll. EQUIPMENT & PROPERTY BNE will provide, out of annually appropriated funds, the necessary administrative funds and standard compliment of equipment to support the activities of the officers assigned to the INCA Task Force. Support shall include office space, administrative furnishings and supplies, specialized investigative equipment, specialized training, other requisite support and funds for the purchase of evidence and information. Each member agency agrees to provide their respective personnel with appropriate standard safety and investigative equipment and enforcement vehicle( s). Any and all property including equipment, furniture and furnishings, of whatever kind or description, purchased or acquired with DOJ funds, shall be the property ofDOJ, and at the termination of this agreement and whereupon no new agreement is reached, all property shall be returned to DOl Any DOJ property which is damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the INCA Task Force, shall be repaired or replaced by the agency of the responsible employee at the determination of the Executive Board. Equipment purchased with funds from the INCA Task Force Operation Fund will be disposed of per the Operation Fund policy. When any equipment purchased with funds from the INCA account is damaged or lost, a memo will be \\Titten by the agent or Task Force Officer (TFO) to the INCA Program Manager. A copy will be sent to the TFO's Agency A decision to pay for the lost or damaged item will be made by the INCA manager and the TFO's Agency Manager. 4. VITI. TRA VEL EXPENSE When available, the INCA Task Force program authorizes the payment of travel expenses to state and local law enforcement officers assigned to the INCA Task Force. Funding is not available for reimbursement to federal agencies. For travel claim purposes, participating agency officers will be considered Volunteers. DOJ has adopted a policy of obtaining the services of Volunteers to assist the Attorney General in performing the duties of his Office under the "Volunteer Service Agreement." Travel expenses for all task force members may be paid from the INCA Task Force Operation Fund. . Appointment of Volunteers: No individual may be officially appointed as a Volunteer for the DOJ until the following forms have been completed and signed: a Volunteer Service Agreement, an Oath of Allegiance for persons employed by the State of California, and an Authorization to Use Privately Owned \'~hicles on State Business. The originals will be filed with DOJ and a copy will be provided to the Volunteer. . Procedures: Volunteers are subject to the same rules of conduct as state employees in general. Requests for reimbursement under the Volunteer Service Agreement must be submitted on Form 262, Travel Expense Claim, in accordance with the current contract in effect for Bargaining Unit 7, California Union of Safety Employees (CAUSE). Payments will be based upon the authorized travel and related expenses incurred as a result of an authorized investigation. The SSAC of the regional office, or his/her designee, must approve and submit the original signed travel expense claim to BNE headquarters after determining the monies claimed are in accordance with the Volunteer Service Agreement and authorized in accordance with the Department of Personnel Administration regulations, Title 2, the State Administration Manual, Sections 0700 to 4100, and the current CAUSE contract. LX. ASSET FORFEITURE Based on the attached Asset Forfeiture Agreement (Attachment # 1), proceeds derived from an asset forfeiture, under state or federal law, initiated in the course of investigations conducted by the INCA Task Force, will be shared equitably among member agencies. The equitable sharing will be based on the attached formula developed by the Executive Board. All forfeiture procedures and sharing will be based upon the appropriate provisions of state or federal law and policy. Modification to the attached Asset Forfeiture Agreement requires approval by the members of the Executive Board. X. ADML'\'ISTR,,-nON A:\D Al.JDIT In no event shall the member agencies charge any indirect costs to DOJ for administration or implementation of this agreement during the term thereof. Any and all records pertaining to 5. INCA Task Force expenditures shall be readily available for examination and audit by employees ofBNE, DOJ and the Attorney General's Office, or any member agency. XI. NON-DISCRIMINATION CLAUSE All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the u.s. Department of Justice (CFR, part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities. xn. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of the INCA Task Force shall be responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of the services and activities of those officers while participating in INCA Task Force operations. Personnel assigned to the INCA Task Force shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions. There is no intent on the part of any agency in the INCA Task Force to create a separate legal entity subject to suit. XllI. WORKERS' COMPENSA nON INSURANCE By law, all employers must provide workers' compensation benefits to employees, including special employees under their supervision, who are injured in the course of their employment. Task force members employed by other law enforcement agencies will be considered general employees of that agency and special employees of the Department of Justice. Pursuant to Insurance code Section 11663, the general employer will be liable for the entire cost of workers' compensation benefits payable on account of injury occurring in the course of and arising out of this special employment. XIV. OTHER There shaH be a system of checks and balances with regard to any intelligence or information gathered, that will require the necessary restrictions to protect each participating agency's integrity in terms of its mission, operational procedures, and regulations. 6. XV. TERM OF AGREEMENT The term of this agreement shall be from July L 2005 , through June 30, 2010 . The term of this agreement may be terminated by any party for good cause shown by notice in \\Titing to the Executive Board Chairman thirty (30) days prior thereof An extension of this Memorandum of Understanding will be granted pursuant to the agreement of the Executive Board. XVI. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this Memorandum Of Understanding on the respective date indicated below. / / / / / / / / / / / / 7. Bob Doyle, Sheriff Riverside Sheriffs Department Richard O. Gonzales, Chief Corona Police Department Tim Clark, District Administrator Department of Alcohol Beverage Control Patrick A. Smith, Chief Beaumont Police Department Gary B. Hudson, Senior Special Agent in Charge Riverside BNE Steve Azzam, Associate Special Agent in Charge Drug Enforcement Administration Garrett W. Zimmon, Chief San Bernardino Police Department Russ Leach, Chief Riverside Police Department Gary Jeandron, Chief Palm Springs Police Department SIGNA TURE DATE SIGNATURE DATE SIGNA TURE DATE SIGNATURE DATE SIGNATURE DATE SIGNA TURE DATE SIGNATURE DATE SIGNATURE DATE SIGNA TURE DATE ATTACHMENT #1 INCA TASK FORCE ASSET FORFEITURE SHARE AGREEMENT JULY 1,2005 A It is hereby agreed by those agencies that have entered into the Memorandum of Understanding (MOU) that 1. The Bureau of Narcotic Enforcement (BNE) will be responsible for processing any assets seized by the INCA Task Force with the prosecuting agency. 2. BNE will incur necessary expenses borne by the INCA Task Force during an investigation, i.e., informant payment, drug purchases, etc. This may be supplemented by funds from the INCA Task Force Operations Fund per policy (Attachment #2). 3. Each participating task force agency ",ill receive one (1) share of any monies seized, with the exception ofBNE and the Riverside Police Department. BNE will receive three (3) shares. Riverside PD will receive three (3) shares. 4. ICE and DEA will receive no (0) shares. 5. The percentage to be distributed to a participating agency will be determined by dividing their respective share(s) by the total number of shares. 6. Ifan agency has removed its TFO for a period of two months or more, that agency will not share in any seizures by the Task Force after that two month period. 1. 7. The City of Riverside agreed on June 3,1991 to provide a helicopter for use by the INCA Task Force. The Riverside PD receives two additional shares to cover the expense of the helicopter. (a) The helicopter will be provided by Riverside PD to the INCA Task Force on demand, unless unusual circumstances prevent it. B. It is further agreed that 1. When additional agencies join or additional personnel are assigned by a participating agency to the INCA Task Force, the total number of shares will Increase. a. The percentage allotted to each agency will therefore decrease. C. It is also agreed that 1. Real estate will be sold and proceeds will be divided as per A-3. 2. Any vehicles and cellular phones seized and forfeited will be sold or auctioned as per current state law and the proceeds distributed as per A-3. D. This agreement shall be a part of the Memorandum of Understanding entered into by the INCA Task Force member agencies. 2. ATTACHMENT #2 INCA TASK FORCE OPERATION FUND POLICY JULY 1, 2005 A. The INCA Task Force Executive Board has established a fund for the following purposes: 1. Purchase of equipment 2. Payment of services rendered 3. Payment to informants who provide information or assistance to the task force that results in the arrest of narcotic traffickers and/or the seizure of illegal drugs or profits from the sale of illegal drugs. 4. Training for task force members. B. An account is maintained by a member agency of the INCA Task Force and is funded by forfeited assets of seizures in which the task force was involved. The following governs the INCA Task Force Fund: 1. On any forfeiture of $3,000 or less, all funds to law enforcement will be deposited in the Operation Account. 2. Ten percent (10%) of any forfeiture over $25,000will be deposited in the account. a. Ifforfeiture is less than $25,000, no funds will be dispersed to the account unless the forfeiture is $3,000 or less [per (1) above l b. A maximum of $300,000 will be maintained in the account. At no time will the balance go over $300,000, without approval of the Executive Board. 3. The ten percent (10%) to the account will be calculated prior to disbursement to the member agencies of the INCA Task Force or to any assisting agency. 1. INCA Task Force Operation Fund Policy JZ 05/06/2005 a. Any amounts required by law will be paid first, e.g., General Fund, District Attorney's office, etc. 4. Compliance with BNE Policy and Procedures Manual Section 11.0 (Informant Procedures) is mandatory. a. A BNE Informant Control Number must be assigned to every informant before payment can be made. 5. Three members of the Executive Board shall approve any e>..iraordinary expenses from the INCA account, such as a. Payments to informants over $10,000.00 b. Expenditures on equipment over $5,000. 6. Routine expenditures will be approved by the Chairman of the Executive Board. 7. Any equipment purchased with funds from this account will be placed into service for use by the INCA Task Force, but may be loaned out to member agencies of the task force. 8. The INCA Task Force Program Manager shall keep accurate records on this account, reflecting deposits and expenditures. a. The Quarterly Report will include this information. 9. If the INCA Task Force is dissolved, any remaining funds will be disbursed back to the member agencies as per the Asset Forfeiture Share Agreement in existence at the time of dissolution. 2. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM ,-- O~ (J,,/S---y Meeting Date (Date AdoPtS1f)/ D - Item # Vote: Ayes Nays Change to motion to amend original documents 0 'Lf' Resolution # r:J{)~ >/""0 - d3 ~;- Abstain Absent Companion Resolutions NulVVoid After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: g / 11 ' 0 :( Date of Mayor's Signature: '2/\ -1 ,o.{ / Date ofClerk/CDC Signature: __,~~J ~I ~ Reso. Log Updated: f:{ Seal Impressed: 0../' Reso. # on Staff Report W' Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): ,--- By_ By_ By_ No ~. By_ No ~y_ No / No No ./ Yes Yes Yes Yes Yes Copies Distributed to: Animal Control 0 EDA 0 City Administrator ~ Facilities 0 City Attorney Finance 0 Code Compliance 0 Fire Department 0 Development Services 0 Human Resources 0 Others: Information Services o ~ o o Parks & Recreation Police Department Public Services Water Department Notes: / Ready to File: I / 1;;- oj Date: O-'J~; :) Revised 12/18/03