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HomeMy WebLinkAbout06/18/1996, C-4 - INTER-AGENCY AGREEMENT FOR NARCOTIC TASK FORCE council If " Da` June 18 1996 agenda nepoat C.y C I TY OF SAN LU IS 0 B I S P O FROM: James X Gardiner, Chief of Police" SUBJECT: Inter-Agency Agreement for Narcotic Task Force CAO RECONEM3NDATION Adopt a resolution to approve and authorize the Mayor to execute an agreement for operation of the San Luis Obispo County Narcotic Task Force from July 1, 1996, through June 30, 1999. DISCUSSION The San Luis Obispo County Narcotic Task Force continues to provide the best answer to addressing the problems of major narcotics trafficking in the county. Since its inception in 1981, the Task Force has proven to be an effective means of dealing with the major sources and groups bringing narcotics into the county. Currently, the Task Force has ten officers representing the incorporated cities, the Sheriffs Office, the D.A.'s Office, and the State Department of Justice. There are no substantive changes in this agreement from the previous agreements. The Department's commitment remains one sworn officer, one secretary, and one city vehicle. FISCAL IMPACT Departmental funds committed include the salary and benefits for the two employees which total $107,943 annually. These funds are included in the 1996-97 financial plan. Other operational expenses are covered in the Task Force operating budget. ALTERNATIVES 1. The Council could choose not to renew the agreement. The Department believes that this would be a step backwards in the coordinated approach to dealing with the narcotics problems in the city and the county. It would also reduce the amount of information available through the Task Force for other criminal investigations within the city. Attachments: 1. Resolution 2. Inter-Agency Agreement RESOLUTION N0. (1996) Series A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION OF THE POLICE DEPARTMENT IN THE SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE WHEREAS, the City of San Luis Obispo recognizes that the trafficking and use of illicit drugs poses significant law enforcement and social problems within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo recognizes that an effective illicit drug enforcement program can be accomplished only through the cooperative regional efforts of all the law enforcement jurisdictions within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo desires that the San Luis Obispo Police Department should participate in the San Luis Obispo County Narcotic Task Force. NOW, THEREFORE, THE CM COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY RESOLVES AS FOLLOWS: 1. That the City of San Luis Obispo adopt the Inter-Agency Agreement for the San Luis Obispo County Narcotic Task Force ("agreement") attached hereto as.Exhibit A and incorporated herein by reference; 2. That the Chief of Police be designated as the City's representative to the Board of Governors of the San Luis Obispo County Narcotic Task Force, and that he be authorized to execute agreements on behalf of the City, consistent with the Agreement and the City Budget; 3. That the Police Department provide staffing and support to the San Luis Obispo County Narcotic Task Force as delineated in the Inter-Agency Agreement for the San Luis Obispo County Narcotic Task Force; and 4. That this resolution shall remain in effect until June 30, 1999, the date of expiration for the Inter-Agency Agreement for the San Luis Obispo County Narcotic Task Force, unless sooner terminated by action of the City Council. On motion of Council Member .seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: Resolution No. (1996 Series) Page Two The foregoing resolution was passed and adopted this day of 1996. ALLEN SETTLE, MAYOR ATTEST: KIM CONDON, ASST. CITY CLERK APPROVED AS TO FORM: � . a&VVAAo ,�J JEFF JOkGENSEN, CITY ATTORNEY SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE MEMORANDUM OF UNDERSTANDING e-� s' SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. MISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 III. BOARD OF GOVERNORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Participating Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D. Board Chairman . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . 2 E. Policy Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 F. Votes of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. TASK FORCE COMMANDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VII. BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VIIL TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 IX. ANNUAL REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XI. FACILITIES, EQUIPMENT AND PROPERTY . . . . . . . . . . . . . . . . . . . . 4 XII. ASSET FORFEITURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XIII. ADMINISTRATION AND AUDIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XIV. INSPECTION PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XV. NONDISCRIMINATION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XVI. RESPECTIVE RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XVII. POLICY AND PROCEDURE MANUAL . . . . . . . . . . . . . . . . . . . . . . . . . 6 XVIII. TERM, WITHDRAWAL, AND TERMINATION OF AGREEMENT . . . . . 6 XIX. AUTHORIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XX. SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) to establish the San Luis Obispo County Narcotic Task Force (hereinafter "Task Force") is entered into by the California Bureau of Narcotic Enforcement (hereinafter "BNE") and the following participating agencies: County of San Luis Obispo City of Arroyo Grande City of Atascadero City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach City of San Luis Obispo California Polytechnic State University, San Luis Obispo California Highway Patrol I. PURPOSE The purpose of this MOU is to set forth the responsibilities of the participating agencies as they relate to the Task Force. Working in conjunction, the participating agencies will endeavor to effectively enforce the controlled substance laws of the State of California as expressed in the Health and Safety Code, and applicable federal laws relating to the trafficking of controlled substances. The Task Force may also be tasked to assist in other law enforcement operations as approved by the Board of Governors. Agencies participating in the Task Force will be targeting their investigations toward the apprehension of major violators. Use of this task force concept is intended to ensure well-coordinated narcotic enforcement regionally and increase the flow of narcotic-related intelligence information between the various law enforcement agencies participating in the BNE task force program. II. MISSION The primary mission of the Task Force will be to significantly diminish the availability and use of illegal drugs in the County of San Luis Obispo and within the boundaries designated by each participating agency or city, and apprehend the responsible offenders, thereby increasing public safety. III. BOARD OF GOVERNORS The Task Force will be governed by a 'Board of Governors." I A A. Participating Agency - A "Participating Agency" is an allied state, federal or local law enforcement agency that has made a commitment of resources and/or manpower for an agreed upon time period. B. Structure - The Board of Governors will consist of the Senior Special Agent in Charge (SSAC) or Special Agent in Charge (SAC) of the Los Angeles (LA) BNE regional office or their designee and the department heads of each participating agency or their designee. C. Role - The Board of Governors shall meet on a quarterly basis for the purpose of reviewing the activities of the Task Force. Also, the members shall have general responsibility for the oversight of Task Force operations. D. Board Chairman - One member of the Board of Governors shall be elected as Chairman and serve for a one year term. The BNE Special Agent in Charge shall not serve as Chairman. E. Policy Authority - The Board of Governors shall be responsible for Task Force policies and operating procedures. The Board shall periodically review and evaluate Task Force operations, goals, objectives, policies and procedures. F. Votes of Board - Any action taken by the Board of Governors shall be taken by a majority in attendance provided a quorum exists. IV. MANAGEMENT The management and supervision of the Task Force's resources will be the responsibility of the Task Force Commander. The Task Force Commander shall retain supervisory control of the personnel assigned to the Task Force. When the number of law enforcement personnel from participating agencies drops below four (4), BNE may terminate the MOU. When the number of law enforcement personnel from participating agencies is over nine (9), BNE may add a second Special Agent Supervisor (SAS). V. TASK FORCE COMMANDER A SAS from BNE shall be responsible for managing the Task Force and will report to the Board of Governors through the Chairperson of the Board. The Task Force Commander takes direction from the Board of Governors. The Task Force Commander will provide the Board of Governors with monthly and annual reports of Task Force activities. Any personnel assigned to the Task Force shall work under the immediate supervision and 2 direction of the Task Force Commander, and shall adhere to the published policies and procedures of the Task Force. VI. COMPENSATION Each participating agency is responsible for providing its respective personnel with salaries, benefits, and overtime in accordance with FLSA regulations. VII. BUDGET The Task Force Commander will prepare a proposed budget each year (date to be determined by the Board of Governors) for the ensuing fiscal/calendar year for approval by the Board of Governors. A monthly report of expenditures shall accompany the monthly statistics report submitted to the Board of Governors as outlined in the Policy and Procedure Manual_ VIII. TRAINING Training is handled by participating agencies according to their individual budgets. A yearly training plan for all Task Force personnel, sworn and non-sworn, shall be prepared upon their assignment to the Task Force. In addition, a yearly group training plan shall be prepared and submitted with the Task Force yearly budget proposal. IX. ANNUAL REPORT The Task Force Commander will provide the Board of Governors and BNE Headquarters with an annual report of activity no later than March 15 of each year. This report will summarize the preceding calendar year's operation and shall include a section for statistical data broken down in a similar fashion to that of the monthly reports. The report shall contain sufficient information regarding controlled substance abuse and trafficking trends to enable the Board to reassess Task Force goals and objectives. X. RESOURCES The participating agencies understand that the changing criminal activity and fiscal resources will require flexibility in both the tasks and the structure of the Task Force. Therefore, participation in and responsibility for personnel resources and equipment will be determined on an annual basis through the adoption of the Task Force budget by the Board of Governors and in conjunction with the budget processes of the participating agencies. 3 {r�r XI. FACILITIES, EQUIPMENT AND PROPERTY When the number of law enforcement personnel from participating agencies drops permanently below four (4), BNE may terminate the MOU. If a task force is terminated, for any reason, with any balance due in the facilities lease agreement (or any other contractual agreement) it will be equally shared on a pro-rata basis by the participating agencies in this MOU, or paid with any asset forfeiture funds. Any and all property, including equipment, furniture, furnishings of whatever kind or description, purchased or acquired with Department of Justice (DOJ) funds shall be the property of DOJ, and at the termination of this agreement and whereupon no new agreement is reached, all said property shall be returned to DOJ. Any equipment purchased with Task Force or seized funds which is damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the Task Force, shall be repaired or replaced by the agency of the responsible employee at the determination of the Task Force Commander. With respect to facilities, all of the following items will be paid for by BNE: 1. Lease of office space. 2. Installation of telephone lines and monthly, local, ATSS and long distance charges. 3. Telephone equipment. 4. Utilities. 5. Alarm equipment including maintenance and monitoring. 6. CLETS machine on single or county line. 7. Janitorial services (unless included in full-service lease). 8. Landscape services (unless included in full-service lease). 9. Purchase and installation of at least one personal computer, printer and modem which is compatible with DOJ's OFISLINK/SPERRY system. XII. ASSET FORFEITURE It shall be the responsibility of the Task Force to investigate those asset forfeiture seizures initiated within the County of San Luis Obispo under Section 11470 of the California Uniform Controlled Substances Act and 21 United States Code 881. Such seizures will then be deposited in accounts maintained in a Task Force interest bearing account. Expenditures of proceeds derived from such seizures after disposition shall be authorized 4 by majority vote of the Board of Governors in compliance with 11489 of the California Uniform Controlled Substances Act and/or federal guidelines. XIII. ADMINISTRATION AND AUDIT 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 Task Force expenditures shall be readily available for examination and audit by BNE or any other participating agency. In addition, all such records and reports shall be maintained until audits and examinations are completed and resolved, or for a period of three (3) years after termination of the agreement, whichever is sooner. XIV. INSPECTION PROCESS It is the policy of BNE to maintain a formal administrative inspection program. This program requires inspections of each BNE-supervised regional task force once every eighteen (18) months or as necessary, with follow-up inspections within six (6) months. Copies of the inspection report will be delivered to the regional office SAC, the Task Force Commander, and the Chairman of the Board of Governors. At change of command, an audit of the controlled substance evidence, petty cash, seized money and assets, reverse sting stock, undercover funds, weapons and specialized equipment shall be performed. XV. NONDISCRIMINATION 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. XVI. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of the 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 the Task Force. Personnel assigned to the 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. 5 XVII. POLICY AND PROCEDURE MANUAL It is agreed that all members of the Task Force abide by the applicable policies and procedures as expressed in the Task Force Policy and Procedure Manual, which is specific in content to the needs, objectives, and goals of the Task Force. XVIII. TERM, WITHDRAWAL, AND TERMINATION OF AGREEMENT The tern hereof is three (3) years, until June 30, 1999. Any member agency may withdraw from the Task Force by resolution of its governing body. Written notice of such withdrawal shall be given to the Board of Governors prior io February 01, and become effective only as of July 01, in the year in which withdrawal is made. Termination of this agreement may be made by resolution of the governing bodies of all but one of the participating agencies. XIX. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the BNE Headquarters of the original MOU with all its attachments. All future amendments must be forwarded to BNE Headquarters and will become effective upon receipt. 6 XX. SIGNATURES County of San Luis Obispo Representative Date City of Arroyo Grande Representative Date City of Atascadero Representative Date City of Grover Beach Representative Date City of Morro Bay Representative Date City of Paso Robles Representative Date City of Pismo Beach Representative Date City of San Luis Obispo Representative Date 7 ��-/3 California Polytechnic State University; - — -- Date San Luis Obispo Representative.. California Hi-hway.Pattol Representative. Date u - 8 .