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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. 4 Be it resolved by the Mayor and Common Council of 5 the City of San Bernardino as follows: 6 SECTION 1: The Chief of Police of the City of 7 San Bernardino is hereby authorized and directed to execute 8 on behalf of said City an agreement with the Federal Bureau 9 of Investigation to participate in a multi-agency violent 10 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 15 individuals who commit such crimes. A copy of the proposed 16 Memorandum of Understanding is attached hereto marked Exhibit 17 "A" and incorporated herein by reference as though fully set 18 forth at length. 19 SECTION 2 : The authorization to execute the 20 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. 23 24 25 26 27 28 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. 3 4 COUNCILMEMBERS AYES NAYS ABSTAIN Alor 5 NEGRETE 6 CURLIN 7 HERNANDEZ 8 OBERHELMAN 9 OFFICE VACANT 10 POPE-LUDLAM 11 MILLER 12 13 Rachel Clark, City Clerk 14 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: 23 24 25 26 27 28 0 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. 1 0 p 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 2 j 3 i A 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 3 a 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. 4 rw 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. 5 Oor 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. 6 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. 7 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. 8 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 9