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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt
Interim Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an agreement for the San Bernardino
Police Department to participate as a
member of the Federal Bureau of
Investigation's Gang Impact Team Task
Force.
Dept: Police Department
Date: March 2, 2006
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt resolution.
4uJ~
Michael A. Billdt, Interim Chief of Police
Contact person: Mitrh,,1 Kimh,,1I
Phone: '\Ad_C\R?R
Supporting data attached:
Yes
Ward: All
FUNDING REQUIREMENTS:
Amount: None
Source: N/A
Finance:
Council Notes:d-tJ()b -7~
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Agenda Item No. ~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIO:\
Staff Report
SUBJECT
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement for the San Bernardino Police Department to participate as a member
of the Federal Bureau ofInvestigation's Gang Impact Team task force.
BACKGROUND
The Federal Bureau of Investigation (FBI) has created several Gang Impact Team collaborations
with local law enforcement in an effort to disrupt and dismantle criminal street gangs. A new
Gang Impact Team task force has been created in the Inland Empire and its primary area of
operation will be in the city of San Bernardino. It is proposed that one officer from the San
Bernardino Police Department's Special Enforcement Bureau be assigned to this newly created
Gang Impact Team (GIT).
The mission of the Gang Impact Team (GIT) task force is to identify and target for federal or
state prosecution, violent street gang members operating in the city of San Bernardino as well as
other cities within the Inland Empire. The Gang Impact Team (GIT) the San Bernardino Police
Department will be partnering with includes investigators from the following agencies:
Federal Bureau of Investigation
San Bernardino County Sheriffs Department
Bureau of Alcohol Tobacco and Firearms
San Bernardino County District Attorney / Bureau of Investigations
United States Attorney's Office
Based on data gathered by officers of the San Bernardino Police Department. there are at least 25
different criminal street gangs active in the city of San Bernardino. Factoring in gangs that are
active in neighboring cities, that figure rises considerably, since violent gang activity transcends
civic boundaries. A preliminary assessment survey published by the San Bernardino County
Gangs and Drugs Task Force in June 2004 identified 287 known gang groups in existence
county-wide. That figure has risen to 376 by recent estimates. encompassing as many of 15.000
individual gang members. San Bernardino Police Department gang officers have identified
through individual contact, over 3,000 gang members active in the city of San Bernardino. The
true figure is unknown since there are undoubtedly active gang members in our city that
members of the San Bernardino Police Department have not yet had contact with.
The San Bernardino Police Department will be responsible for providing an officer and related
safety equipment to the task force. Any additional equipment needs are the responsibility of the
Federal Bureau of Investigation. Task force supervision will be the responsibility of the Federal
Bureau of Investigation Special Agent assigned to Gang Impact Team operations. General
employee oversight will remain the responsibility of San Bernardino Police Department
managers and supervisors. The assigned employee will be responsible for the adherence to all
rules and regulations of the San Bernardino Police Department while working within the Gang
Impact Team (GIT) task force.
Assignment to the Gang Impact Team will continue for the duration of task force operations,
subject to the availability of necessary funding. This agreement may be modified at any time by
written consent of all involved agencies. This agreement may be terminated at any time by any
of the participating agencies by providing a 30 day written notice of intent to withdraw from task
force operations. Participation in this Gang Impact Team 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 added impact on the City's General Fund or Police Department budget. The
MOU agreement provides that the San Bernardino Police Department will continue to assume all
personnel costs for their representative. Subject to available funding, the Federal Bureau of
Investigation will reimburse the San Bernardino Police Department during the fiscal year for
overtime payments made to the assigned task force officer providing overtime expenses were
incurred as a result of Gang Impact Team duties.
RECOMMENDA nONS
Adopt Resolution.
Attachments:
Gang Impact Team Memorandum of Understanding
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE
SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
THE FEDERAL BUREAU OF INVESTIGATION'S GANG IMPACT TEAM 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 Mayor, or his designee, to execute an agreement between the City of San
Bernardino Police Department and the Federal Bureau of Investigation authorizing the San
Bernardino Police Department to participate as a member of a Gang Impact Team 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE
SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF
THE FEDERAL BUREAU OF INVESTIGATION'S GANG IMPACT TEAM TASK
FORCE.
5 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, held on the
day of
, 2006, by the following vote, to wit:
Council Members
Ayes
Nays
Abstain
Absent
ESTRADA
BAXTER
McGINNIS
DERRY
KELLEY
JOHNSON
17
McCAMMACK
18
19
City Clerk
20 The foregoing resolution is hereby approved this
day of
,2006.
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PATRICK 1. MORRIS, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN, City Attorney
BY tt >>~_ ? :~;, 'w,,",
/1
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MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding (MOU) is being executed by
the below listed agencies:
Federal Bureau of Investigation
San Bernardino County Sheriff's Office
Bureau of Alcohol, Tobacco, Firearms, and Explosives
San Bernardino County District Attorney's Office,
Bureau of Investigations
San Bernardino Probation Department
(FBI)
(SBSO)
(BATFE)
(SBDAO)
(SBPD)
Nothing in this MOU should be construed as limiting or
impeding the basic spirit of cooperation which exists between the
participating agencies listed above.
I. PURPOSE
This MOU establishes and delineates the mission of the
Gang Impact Team, herein after referred to as GIT, as a joint
cooperative effort. Additionally, the MOU formalizes
relationships between and among the participating agencies in
order to foster an efficient and cohesive unit capable of
addressing the organized street gang problem within and around
the targeted area. It is the desire of the participating
agencies to achieve maximum inter-agency cooperation in a
combined law enforcement effort aimed at reducing the most
violent criminal activity within the communities served.
II. MISSION
The mission of GIT is to identify and target for
prosecution high-level street gang members operating throughout
San Bernardino County. GIT will enhance the effectiveness of
federal/state/local law enforcement resources through a well
coordinated initiative seeking the most effective
investigative/prosecutive avenues by which to convict and
incarcerate dangerous offenders.
III.
ORGANIZATIONAL STRUCTURE
A.
Composition
GIT will consist of a combined enforcement body of
agencies participating in this MOU. These participating agencies
will provide full-time assigned personnel, as set forth below:
SBSO:
Special Agent (SA) Craig P. McNamara
SA Scott Bowman
Corporal Detective To Be Decided (TBD)
Sheriff Deputy To Be Decided (TBD)
SA Mike Cote
Investigator To Be Determined (TBD)
FBI:
BATFE:
SBDAO:
SBPD
USAO:
Probation Officer (TBD)
Assistant United States Attorney (TBD)
B. Direction
All participants acknowledge that GIT is a joint
operation in which all agencies act as partners in the operation
of the task force. An Executive Board, made up of the heads of
the participating entities, will be responsible for the policy
and direction of GIT. The Executive Board will meet periodically
in order to collectively provide policy oversight. Membership on
the Executive Board can be delegated by the law enforcement
agency head to a subordinate.
C. Supervision
The day to day operation and administrative control of
GIT will be the responsibility of the FBI Case Agent, overseen by
the FBI Supervisory Special Agent (SSA). The daily management of
GIT will be closely coordinated with the Executive Board.
Responsibility for the conduct of GIT members, both personally
and professionally, shall remain with the respective agency
heads.
IV. PROCEDURES
A. Personnel
Continued assignment of personnel to GIT will be based
upon performance and will be the discretion of the respective
agency heads/supervisors. Each participating agency, upon
request, will be provided with an update as to the program,
direction, and accomplishments of GIT.
B. Deputization
All local and state law enforcement personnel
designated to GIT, subject to a limited background inquiry, will
be federally deputized, with the FBI securing the required
deputization authorization. These deputizations will remain in
effect throughout the tenure of each investigator's assignment to
GIT or until termination of the task force, whichever occurs
first.
(NOTE: Full backqround investiqations and Too Secret security
clearances are required in those instances where the SSTF will be
housed in FBI soace and all members will have unescorted access.)
Personnel from participating agencies will receive a
~omprehensive briefing on FBI field office security policy and
procedures. During the briefing, each individual will execute
non-disclosure agreements (Sf-3l2 and fD-868). Upon departure
from GIT, personnel from participating agencies will execute non-
disclosure agreements (Sf-3l2 and fD-868) and will be given a
security debriefing.
C. Investigations
All GIT investigations will be initiated in accordance
with United States Attorney General Guidelines on General Crimes,
Racketeering Enterprise, and Domestic Security/Terrorism
Investigations (AG Guidelines). The investigative methods
employed will be consistent with the policies and procedures of
the FBI and the AG Guidelines. However, in situations where the
statutory or common law of California is more restrictive than
comparable federal law, the investigative methods employed by
state and local law enforcement agencies shall conform to the
requirements of such statutory or common law pending a decision
as to venue for prosecution.
D. Prosecution
The criteria for determining whether to prosecute a
particular violation in state or federal court will focus upon
achieving the greatest overall benefit to law enforcement and the
public. Any question which arises pertaining to prosecutive
jurisdiction will be resolved through discussion among all
investigative agencies and prosecutive entities having an
interest in the matter.
V. ADMINISTRATIVE
A. Case Assignments
The FBI Case Agent assigned to GIT will oversee the
prioritization and assignment of targeted cases and related
investigative activity in accordance with the stated objectives
and direction of GIT. Cases will be assigned to investigative
teams based on experience, training, performance, expertise, and
existing case load.
B. Records and Reports
All investigative reporting will be prepared in
compliance with existing FBI policy. Subject to pertinent legal
and/or policy restrictions, copies of pertinent documents created
by each member of the task force will be made available for
inclusion in the respective investigative agencies' files as
appropriate.
FBI forms (FD-302 and Electronic Communication) will be
prepared by all GIT task force members. All investigative files
will be maintained at the FBI Riverside Resident Agency (RA)
space, Riverside, California.
C. Evidence and Undercover Operations
All evidence and original recordings (audio and video)
acquired during the course of GIT investigations will be
maintained by the FBI. The FBI's rules and policies governing
the submission, retrieval, and chain of custody will be adhered
to by GIT personnel.
All GIT undercover operations will be conducted and
reviewed in accordance with FBI guidelines and the Attorney
General's Guidelines on Undercover Operations.
D. Investigative Exclusivity
Matters designated to be handled by GIT will not
knowingly be subject to non-Task Force law enforcement efforts.
It is incumbent upon each agency to make proper internal
notification regarding GIT existence, including its areas of
concern.
There shall be no unilateral action taken on the part
of any participating agency relating to GIT investigations. All
law enforcement action will be coordinated and conducted in a
cooperative matter. GIT investigative leads outside the FBI's
Riverside RA territory will be communicated to other FBI offices
for appropriate investigation.
E. Informants and Cooperating Witnesses
The United States Attorney General Guidelines and the
FBI's guidelines regarding the operation of informants and
cooperating witnesses will apply to all informants and
cooperating witnesses directed by members of GIT. The FBI
agrees, subject to funding availability, to pay
informants/cooperating witnesses' expenses in accordance with FBI
policies and procedures and which are determined by the FBI to be
reasonable and necessary. An appropriate FBI
informant/cooperating witness file will be opened wherein all
information furnished by the informant/cooperating witness will
be maintained. In addition, any recommendations for payments to
this informant/cooperating witness will also be documented
therein.
F. Staff Briefings
Periodic briefings on GIT investigations will be
provided to the heads of the participating agencies or their
designees.
VI. tvlEDIA
All media releases pertaining to GIT investigations
and/or arrests will be coordinated and made jointly by all
participants of this MOU. No unilateral press releases will be
made by any participating agency without the prior approval of
the other participants. No information pertaining to GIT itself
will be released to the media without mutual approval of all
participants.
VII. EOU I PMENT
A. Vehicles
Each GIT member will be assigned a vehicle from their
respective departments. Each of these vehicles will be
maintained by each respective department. In the event that a
local agency does not have a "Covert" vehicle available for
assignment to their task force member(s), the FBI will provide a
covert rental car for each full time task force member subject to
available funding.
B. Communications
The FBI will provide handheld radios as needed to each
GIT member to ensure uniform communications. The FBI will also
provide a cellular telephone to task force members whose agency
does not assign one as a regular course of business subject to
available funding.
C. Office Equipment
The FBI will provide office equipment and supplies
necessary to carry out the administrative operation of the
taskforce. The FBI will provide other equipment necessary to
support the taskforce. The provision of all equipment will be
subject to available funding.
VI I I. FUNDING
Each participating agency agrees to provide the full
time services of its respective personnel for the duration of
this operation. Participating agencies agree to assume all
personnel costs for their task force representatives, including
salaries, overtime payments, and fringe benefits consistent with
their respective agency. Subject to funding availability and
legislative authorization, the FBI will reimburse to
participating local and state agencies the cost of overtime
worked by GIT members assigned full time to the task force,
providing overtime expenses were incurred as a result of GIT
related duties. Separate Contract Reimbursable Agreements (CRAs)
will be executed by the FBI and each participating agency
consistent with regulations and policy.
IX. LIABILITY
Unless specifically addressed by the terms of this MOU,
the parties agree to be responsible for the negligent or wrongful
acts or omissions of their respective employees. Legal
representation by the United States is determined by DOJ on a
case-by-case basis. The FBI cannot guarantee the United States
will provide legal representation to any federal, state or local
law enforcement officer.
Congress has provided that the exclusive remedy for the
negligent or wrongful act or omission of an employee of the
United States government, acting within the scope of his
employment, shall be an action against the United States under
the Federal Tort Claims Act (FTCA), 28 U.S.C. ~ l346(b), ~~ 2671-
2680.
For the limited purpose of defending claims arising out
of taskforce activity, state or local law enforcement officers
who have been specially deputized and who are acting within the
course and scope of their official duties and assignments
pursuant to this MOU, may be considered an "employee" of the
United States government as defined in 28 U.S.C. ~ 2671. See 5
U.S.C. ~ 3374 (c) (2).
Under the Federal Employees Liability Reform and Tort
Compensation Act of 1988 (commonly known as the Westfall Act), 28
U.S.C. ~ 2679(b) (1), the Attorney General or her designee may
certify that an individual defendant acted within the scope of
his employment at the time of the incident giving rise to the
suit. Id., 28 U.S.C. ~ 2679(d) (2). The United States can then
be substituted for the employee as the sole defendant with
respect to any tort claims. 28 U.S.C. ~ 2679(d) (2). If the
United States is substituted as defendant, the individual
employee is thereby protected from suits in his official
capacity.
If the Attorney General declines to certify that an
employee was acting within the scope of employment, "the employee
may at any time before trial petition the court to find and
certify that the employee was acting within the scope of his
office or employment." 28 U.S.C. ~ 2679 (d) (3).
Liability for any negligent or willful acts of TASK
FORCE employees, undertaken outside the terms of this MOU will be
the sole responsibility of the respective employee and agency
involved.
Liability for violations of federal constitutional law
rests with the individual federal agent or officer pursuant to
Bivens v. Six Unknown Named AGents of the Federal Bureau of
Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C. ~ 1983
for state and local officers or cross-deputized federal officers.
Both state and federal officers enjoy qualified
immunity from suit for constitutional torts "insofar as their
conduct does not violate clearly established statutory or
constitutional rights of which a reasonable person would have
known." Harlow v. FitzGerald, 457 U.S. 800 (1982).
Task force officers may request representation by the
U.S. Department of Justice for civil suits against them in their
individual capacities for actions taken within the scope of
employment. 28 C.F.R. ~~ 50.15, 50.16.
An employee may be provided representation "when the
actions for which representation is requested reasonably appear
to have been performed within the scope of the employee's
employment and the Attorney General or [his] designee determines
that providing representation would otherwise be in the interest
of the United States." 28 C.F.R. ~ 50.15(a).
A task force officer's written request for
representation should be directed to the Attorney General and
provided to the Chief Division Counsel (CDC) of the FBI division
coordinating the task force. The CDC will then forward the
representation request to the FBI's Office of the General Counsel
(OGC) together with a Letterhead memorandum concerning the
factual basis for the lawsuit. FBI/OGC will then forward the
request to the Civil Division of DOJ together with an agency
recommendation concerning scope of employment and Department
representation. 28 C.F.R. ~ 50.15(a) (3).
If a task force officer is found to be liable for a
constitutional tort, he/she may request indemnification from DOJ
to satisfy an adverse judgment rendered against the employee in
his/her individual capacity. 28 C.F.R. ~ 50.15(c) (4). The
criteria for payment are substantially similar to those used to
determine whether a federal employee is entitled to DOJ
representation under 28 C.F.R. ~ 50.15(a).
X. DURATION
This MOU shall remain in effect until terminated as
specified below. Continuation of this MOU shall be subject to
the availability of necessary funding. This agreement may be
modified at any time by written consent of all involved agencies.
This agreement may be terminated at any time by any of the
participating agencies, including the FBI. The participating
agencies may withdraw from this agreement at any time by
providing a 30 day written notice of its intent to withdraw to
all other participating agencies. Upon the termination of GIT
and the MOU, all equipment will be returned to the supplying
agencies.
XI. MODIFICATIONS
This agreement may be modified at any time by written
consent of all involved agencies.
Modifications to this MOU shall have no force and
effect unless such modifications are reduced to writing and
signed by an authorized representative of each participating
agency.
Jody P. Weis
Special Agent in
Federal Bureau
Date
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Date
Ga Penrod
Sheriff-Coroner
San Bernardino coun~herlff's Department
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Ml e S
Chief
San Bernardino District Attorney's Office,
Bureau of Investigations
/-ZS-C/(..
Date
John A. Torres
Special Agent in Charge
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
Date
All MOUs should be approved by
Robert F. Lasky
Supervisory Special Agent
Federal Bureau of Investigation
Washington D. C. Headquarters
Date
Michael A. Billdt
Interim Chief of Police
San Bernardino Police Department
Date
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r-1ichelle Scray , . ' \
Deputy Chief \1c.D,+,~' ,.-;:)(:~(~- / I
San Bernardino County probation(Department
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Date
SUBMISSION/ROUTING: The MOU should be submitted to the Safe
Streets and Gang Unit (SSGU) for initial review. Thereafter the SSGU
will obtain the necessary approvals from OGe entities and return an
approved final copy to the submitting Field Office for execution by the
participating agencies.
NOTE: The wording as set forth in sections. IV. V - e & E, VI. VIII. X
and XI is mandatory! A liability section IX is required. The wording
as set forth in the example section IX is preferred but may be modified
with the approval of appropriate OGe reviewing entities.
~ . ','.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
. 3/JOr~~'
Meetmg Date (Date A~ted): ~
Vote: AyeS~ Nays
Change to motion to amend original documents D
Null/Void After:
days /
Resolution # On Attachments: D
PUBLISH D
POST D
Item #
~[l
Abstain
Companion Resolutions
Resolution #
)DDb..-78
.
Absent
RECORDW/COUNTY D
By:
Note on Resolution of attachment stored separately: D
Date Sent to Mayor: J ,l1. ,0 to .
Date of Mayor's Signature: 1 ' E r -' Ok>
Date ofClerk/CDC Signature: '?, r)-,ob
Reso. Log Updated: ~
Seal Impressed: rJ~
Reso. # on Staff Report d
Date Memo/Letter Sent for Signature: 3 ]) l ' tJ& Date Returned:
I" Reminder Letter Sent: 2nd Reminder Letter Sent:
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):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
D
~
D
D
EDA D
Facilities D'
Finance ~
Fire Department D
Human Resources D
q/l.@fp
Not Returned: D
YesL
Yes
No By
NO/ By-
NoL By -
NO~=
No_ By_
Yes
Yes
Yes
Information Services
Parks & Recreation
D
~
D
D
Police Department
Public Services
Water Department
Notes:
Ready to File: _
Revised 12/18/03
Date:
a;:C"IY"O' _r.IT'{ rLE:;v
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CITY OF SAN BERNARDINO
Interoffice Memorandum 2005 APR - 7 tdi II: 2 I
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 31, 2006
TO:
Lt. Mitch Kimball
Police Department
FROM:
Eileen Gomez, Senior Secretary
City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-78
At the Mayor and Common Council meeting of March 20, 2006, the City of San Bernardino
adopted Resolution No. 2006-78- Resolution authorizing the execution of an agreement for the
San Bernardino Police Department to participate as a member of the Federal Bureau of
Investigation's Gang Impact Team Task Force.
Attached are a copy of Resolution No. 2006-78 and one (1) ORIGINAL Memorandum of
Understanding (MOU). Please obtain signatures in the appropriate locations and return the
ORIGINAL Memorandum of Understanding (MOD) to the City Clerk's Office to my attention
as soon as possible. Please make a copy of the fully executed Memorandum of Understanding
for your records.
Please be advised that the resolution and amendment will be null and void if not executed
within sixty (60) days, or by Thursday, May 18, 2006.
If you have any questions, please do not hesitate to contact me at ex\. 3206. Have a blessed day!
Eileen Gomez
Senior Secretary
Please sign and return
I hereby acIay:>~
Signed:
Date:
Lf