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HomeMy WebLinkAbout24-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zinunon, Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a Memorandum of Understanding (MOD) agreement with the California Highway Patrol, San Bernardino area, regarding drug investigations originated by the California Highway Patrol. Dept: Police Department Date: March 20, 2003 0 RIG 1 NA L Synopsis of Previous Council Action None. Recommended Motion: Adopt resolution. MICHAEL BILLDT, ASSISTANT CHIEF OF POLICE Contact person: Captain J enifer Aragon Phone: 384-5609 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: Council Notes: Finance \2k"SO -;Ido--ZL<)~- \ 0 -"'.:> Agen( #:1f' 5-:;-C:?:> CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT A resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a memorandum of understanding (MOU) agreement with the California Highway Patrol, San Bernardino area, regarding drug investigations originated by the California Highway Patrol. BACKGROUND The San Bernardino Police Department has a close working relationship with the local California Highway Patrol (CHP). In the spirit of that relationship, the Highway Patrol has initiated drug investigations during the course of their normal duties. Criminal drug activity obviously affects quality of life issues within the City and these investigations are of great interest to the San Bernardino Police Department. This MOU establishes a procedure by which the California Highway Patrol will give the San Bernardino Police Department the opportunity to handle the drug investigations originated by the CHP. This agreement secures the opportunity for additional asset forfeiture revenue. Because of inconsistencies in the frequency and circumstances of narcotic-related stops, it is not possible to project a dollar amount in revenue. It could be as little as $5,000 or in the tens of thousands in a given year. The CHP will not normally request more than twenty-five (25) percent of the law enforcement share of the forfeited assets. The California Highway Patrol, San Bernardino area, would notify and request on scene assistance from the San Bernardino Police Department when one or more of the following circumstances occur: 1. The arrest or preliminary investigation indicates a violation of State law, which results or could result in an asset seizure pursuant to section 11470 of the Health and Safety Code (HSC) (i.e. possession for sales, transportation, manufacturing, or conspiracy related to drugs). Or Federal law pursuant to Title 21 United States Code (USC), section 881 or Title 18 USC, section 981 (drug trafficking or money laundering offenses). 2. The arrest or preliminary investigation indicates one or more of the following: a. There is evidence of drug manufacturing. b. There is evidence that monies seized in excess of $1,000.00 are linked to drug transactions. c. The minimum amount of drugs that will trigger a request for assistance from the San Bernardino Police Department will be: 14.5 grams ( II, an ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin or cocaine base (rock cocaine). 28.5 grams (1 ounce) or more of a substance containing powder cocaine, methamphetamine or other schedule one or schedule two controlled substance, except marijuana, peyote, or psilocybin mushrooms. 10 Ibs. or more of dry weight of marijuana, peyote or psilocybin mushrooms. d. Any conveyance (vehicle) containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigations. Once notified by the Highway Patrol of a pending narcotic investigation, the San Bernardino Police Department will be expected to either telephonically decline to respond or accept and make every attempt to arrive at the scene of the investigation within 30 minutes of being notified. After making initial appraisal, the San Bernardino Police Department will decide if they wish continue with the investigation. FINANCIAL IMPACT This MOD will not require additional funding from the General Fund as the San Bernardino Police Department will use existing staffing to respond to requests by the California Highway Patrol. Asset Forfeiture revenues are projected to increase in relation to the increase in asset seizures. RECOMMENDA nON Adopt resolution. 1 RESOLUTION NO. ' 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL. 3 4 S 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 Section 1. The Mayor and Common Council of the City of San Bernardino authorize 8 the Chief of Police to execute a memorandum of understanding (MOU) with the California 9 Highway Patrol (CHP) regarding drug investigations originated by the California Highway 10 Patrol, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 11 reference as fully as though set forth at length. 12 Section 2. The Mayor and Common Council of the City of San Bernardino authorize 13 the Chief of Police to continue to be a signatory party to this memorandum of understanding 14 (MOU) at each bi-annual renewal unless it contains significant changes. lS Section 3. The authorization to execute the above referenced memorandum of 16 understanding is rescinded ifnot signed within one hundred-twenty (120) days of the passage 17 of this resolution. 18 III 19 III 20 III 21 III 22 III 23 III 24 III 2S III BCL:S:\Council\CHP asset forfeiture reso.doc 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL. 2 3 4 5 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, 7 held on the day of 8 Council Members: AYES 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 SUAREZ 14 ANDERSON 15 MCCAMMACK 16 17 ,2003, by the following vote, to wit: NAYS ABSTAIN ABSENT CITY CLERK 18 ,2003. The forgoing Resolution is hereby approved this _ day of 19 20 Judith Valles, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN, City Attorney 25 By: BCL:S:\Council\CHP asset forfeiture reso.doc MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS This is a Memorandum of Understanding (MOU) between the San Bernardino Police Department and the California Highway Patrol (CHP) San Bernardino Area regarding drug investigations originated by the CHP within San Bernardino County. PURPOSE The purpose of this MOU is to establish when the signatory agency shall be notified and offered the opportunity to handle drug investigations originated by the CHP. CALL OUT PROCEDURES The California Highway Patrol will notify and request on-scene assistance from the signatory agency when one or more of the following circumstances occur: 1. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant Section 11470 of the Health and Safety Code (HSC) (I.e., possession for sale, transportation, manufacturing, or conspiracy related to drugs) or federal law pursuant to Title 21 United States Code (USC), Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering offenses). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufacturing operations. B. Money linked to drug transactions. (Minimum currency amount $1000.00.) C. Minimum drug amounts for call-out of the signatory agency. 14.25 grams (half ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin or cocaine base (rock cocaine). 28.5 grams (one ounce) or more of a substance containing powder cocaine, methamphetamine, or other Schedule I or II controlled substances, except marijuana, peyote, or psilocybin mushrooms. 10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms. D. Any conveyance containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (Section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigation. Memorandum of Understanding. Page 2 EXPECTATION When the signatory agency is notified of drug investigations which meet the aforementioned criteria, it is the expectation of the CHP the signatory agency will accomplish the following: 1. Either telephonically decline to respond or arrive at the scene or local CHP Area office within the jurisdiction of the signatory agency within 30 minutes of notification. Upon the arrival of the signatory agency, they may decline to handle the investigation to its conclusion. By no means shall the signatory agency be obligated to handle drug investigations originated by the CHP. 2. If accepted, the signatory agency shall prepare a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceedings pursuant to Sections 11470 et. al HSC. A copy of the investigative report is to be provided to the Inland Division Special Enforcement Unit, attention Asset Forfeiture Coordinator. 3. Refer non-qualifying state cases to the appropriate federal agency for evaluation and possible adoption. CASH SEIZURES When cash seizures are made by the CHP. the CHP will maintain control of the cash until a true and accurate count is obtained. If the sum of cash is too large to count at the scene, it is to be bagged and tagged and retained by the CHP until it can be counted. A representative from the involved allied agency should be present at the money count. EQUITABLE SHARING The California Highway Patrol will not normally request more than twenty-five (25) percent of the law enforcement share of the forfeited asset(s) when assistance is requested solely from the signatory agency and the related case has been actively investigated to conclusion or submitted for federal adoption by the signatory agency. DURATION AND TERMINATION PROVISIONS Any party to this agreement desiring to terminate its participation shall notify each signatory to this agreement in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less than ten days from the date of said notification. Memorandum of Understanding. Page 3 The parties, evidenced by their signatures hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effect until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement may require amendments during the term of this MOU if their governing bodies so direct. If any provision of this MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue to remain in full force and effect. AGREED HERETO BY ALL P TIES WHOSE SIGNATURES APPEAR BELOW: J Q.--t q-D) Date J. E. ZABO, Captain Calif rnia Highway Patrol- San Bernardino Area Title GARRETT W. ZIMMON, Chief of Police San Bernardino Police Department Title Date 1 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL. 2 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 Section 1. The Mayor and Common Council of the City of San Bernardino authorize 8 the Chief of Police to execute a memorandum of understanding (MOU) with the California 9 Highway Patrol (CHP) regarding drug investigations originated by the California Highway 10 Patrol, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 11 reference as fully as though set forth at length. 12 Section 2. The Mayor and Common Council of the City of San Bernardino authorize 13 the Chief of Police to continue to be a signatory party to this memorandum of understanding 14 (MOU) at each bi-annual renewal unless it contains significant changes. 15 Section 3. The authorization to execute the above referenced memorandum of 16 understanding is rescinded ifnot signed within one hundred-twenty (120) days of the passage 17 of this resolution. 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III BCLS:\Council\CHP asset forfeiture resQ.doc YLo. (FI S-/qu3 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL, SAN BERNARDINO AREA, REGARDING DRUG INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL. 2 3 4 5 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, 7 held on the 8 Council Members: 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 SUAREZ 14 ANDERSON 15 MCCAMMACK 16 17 ,2003, by the following vote, to wit: day of AYES NAYS ABSTAIN ABSENT CITY CLERK 18 ,2003. The forgoing Resolution is hereby approved this _ day of 19 20 Judith Valles, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN, City Attorney 25 MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS This is a Memorandum of Understanding (MOU) between the San Bernardino Police Department and the California Highway Patrol (CHP) San Bernardino Area regarding drug investigations originated by the CHP within San Bernardino County. PURPOSE The purpose of this MOU is to establish when the signatory agency shall be notified and offered the opportunity to handle drug investigations originated by the CHP. CALL OUT PROCEDURES The California Highway Patrol will notifY and request on-scene assistance from the signatory agency when one or more of the following circumstances occur: I. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant Section 11470 of the Health and Safety Code (HSC) (i.e., possession for sale, transportation, manufacturing, or conspiracy related to drugs) or federal law pursuant to Title 21 United States Code (USC), Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering offenses). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufacturing operations. B. Money linked to drug transactions. (Minimum currency amount $1000.00). C. Minimum drug amounts for call-out of the signatory agency. 14.25 grams (half ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin or cocaine base (rock cocaine). 28.5 grams (one ounce) or more ofa substance containing powder cocaine, methamphetamine, or other Schedule I or II controlled substances, except marijuana, peyote, or psilocybin mushrooms. 10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms. D. Any conveyance containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (Section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigation. EXPECTATION When the signatory agency is notified of drug investigations which meet the aforementioned criteria, it is the expectation of the CHP the signatory agency will accomplish the following: I. Either telephonically decline to respond or arrive at the scene or local CHP Area office within the jurisdiction of the signatory agency within 30 minutes of notification. Upon the arrival of the signatory agency, they may decline to handle the investigation to its conclusion. By no means shall the signatory agency be obligated to handle drug investigations originated by the CHP. 2. If accepted, the signatory agency shall prepare a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceedings pursuant to Sections 11470 et. al HSC. A copy of the investigative report is to be provided to the Inland Division Special Enforcement Unit, attention Asset Forfeiture Coordinator. 3. Refer non-qualifYing state cases to the appropriate federal agency for evaluation and possible adoption. CASH SEIZURES When cash seizures are made by the CHP, the CHP will maintain control of the cash until a true and accurate count is obtained. If the sum of cash is too large to count at the scene, it is to be bagged and tagged and retained by the CHP until it can be counted. A representative from the involved allied agency should be present at the money count. EQUITABLE SHARING The California Highway Patrol will not normally request more than twenty-five (25) percent of the law enforcement share of the forfeited asset(s) when assistance is requested solely from the signatory agency and the related case has been actively investigated to conclusion or submitted for federal adoption by the signatory agency. DURATION AND TERMINATION PROVISIONS Any party to this agreement desiring to terminate its participation shall notifY each signatory to this agreement in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less that ten days from the date of said notification. The parties, evidenced by their signatures hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effect until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement may require amendments during the term of this MOU if their governing bodies so direct. If any provision of this MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue to remain in full force and effect. Each participating agency shall maintain full financial responsibility for their respective employees during a joint investigation under this agreement. This would include, but is not limited to, acts of misconduct, vehicle accidents, and industrial injury claims. Additionally, the participating agency shall also be responsible for any and all workers compensation claims of their respective employee(s). Neither party to this agreement, it's officers, agents, and employees shall be deemed to have assumed any liability for the negligence of participating agencies or any of their officers or employees. Participating agencies and the State of California shall hold each other harmless from liability for acts or omissions of the other. Each party to this agreement agrees to defend, indemnity, and hold harmless the other parties to this agreement in regard to any and all liability imposed on the agreeing parties due to the acts or omissions of another party's assigned employee(s), Said sums shall include in the event oflegal action, court costs, expense oflitigation and reasonable attorneys fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing -trris"cvOIhod VOl kl,olf1lf1he0ty~shall be considered as "anorney's fees" for purposes of this paragraph. Likewise, the costs, salary and expenses of the California Highway Patrol's counsel in enforcing this contract on behalf of the Department of the California Highway Patrol shall be considered as "attorneys' fees" for purposes of this paragraph. AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW: \ '. (} ~, J. E. ZABO, Captain Calif, rnia Highway Patrol - San Bernardino Area ~")-s Date GARRETT W. ZIMMON, Chief of Police San Bernardino Police Department Title Date '" CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 9, 2003 TO: Captain Jenifer Aragon FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-103 At the Mayor and Common Council meeting of May 5, 2003, the City of San Bernardino adopted Resolution 2003-103 - Resolution authorizing the Chief of Police to execute a Memorandum of Understanding (MOU) agreement with the California Highway Patrol, San Bernardino area, regarding drug investigations originated by the California Highway Patrol. Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 120 days, or by September 2, 2003. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: (),5~6v ~~'1 t' (I".pi- (),rY",~j rj j. Please sign and return Date: a J(J It' ; .. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 5 ~ s' 03 Item # '2 L\ Vote: Ayes i" " Nays--e> Change to motion to amend original documents: '2003-- \03 Absent 4 Resolution # Abstain U See Attached: LDate Returned: ,:;- { c:; -~ See Attached: See Attached: Reso. # On Attachments: /' Contract term: .- Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: ''5 .. ~. 0 '3 Date of Mayor's Signature: S" ').-O? Date of Clerk/CDC Signature: r:::; --'"'l.-<:o~~ Date Memo/Letter Sent for Signature: ,') -<1 '-03 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 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: City Attorney / Parks & Rec. Code Compliance Dev. Services Police ,/ Public Services Water Notes: NullNoidAfter: l'lo DP-'I~ / '1-Z-03 I By: Reso. Log Updated: V Seallmpressed: ,,/ Yes ,,/ No By Yes No ,/ By Yes NOL- By Yes No ,/ By Yes No 7 By EDA Finance MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,) Ready to File: ~ Date: Revised 01/12/01