Loading...
HomeMy WebLinkAbout02/18/2003, C3 - INTER-AGENCY AGREEMENT FOR NARCOTICS TASK FORCE ( 1 council °�` , 03 j Agcnda P-Epont "`m".6� C3 CITY O F SAN LUIS O B I S P O FROM: Deborah E.Linden, Chief of Police Prepared By: Sharon Olson,Administrative Assistant SUBJECT: INTER-AGENCY AGREEMENT FOR NARCOTICS TASK FORCE CAO RECOMMENDATION Approve a Memorandum of Understanding (MOIL) for operations of the San Luis Obispo County Narcotics Task Force from July 1, 2002, through June 30, 2005, and authorize the Mayor to execute. DISCUSSION The San Luis Obispo County Narcotics Task Force (NTF) continues to provide the best answer to addressing the problems of major narcotics trafficking in the county. Since its inception in 1981,the NTF has proven to be an effective means of dealing with the major sources and groups bringing narcotics into the county. Currently,the NTF has eight officers representing the State Department of Justice, the California Highway Patrol, California Polytechnic State University, the County of San Luis Obispo District Attorney's Office, and the incorporated cities of Arroyo Grande, Grover Beach,Paso Robles,Pismo Beach, and San Luis Obispo. As the largest municipality represented in the NTF, our participation and support is extremely important to the success and effectiveness of the entire NTF. Safe and effective narcotics investigations require the ability to share information quickly and accurately and to operate without regard to jurisdictional boundaries. The personnel and financial resources required to conduct major narcotics investigations far exceed the resources of our Police Department alone and without the NTF, we would not be able to conduct the scale and caliber of narcotic investigations required in this area. The City of San Luis Obispo and our residents directly benefit from our participation in NTF by having a large team of trained narcotics investigators actively working in our City, and available to us for other major investigations when needed. the California Bureau of Narcotic Enforcement (BNE) leads and supports the NTF and brings additional personnel and equipment into our area if an investigation warrants it,at no additional cost to the participating agencies. The City also benefits from the assets seized by NTF from drug dealers, which are used to purchase equipment for the participating law enforcement agencies. The Police Chiefs representing the other cities have all expressed their strong support and need for our City to maintain our current level of involvement in the NTF. Wkathesharon//car ntf mou 02-05 C3-1 Council Agenda Report-Inter-Agency Agreement for NTF Page 2 There are no substantive changes in this agreement from the previous agreements. The Department's commitment remains one swom Police Officer,one Administrative Assistant,and one undercover vehicle. The agreement may be modified or withdrawn with 90-days notice. FISCAL IMPACT Departmental funds committed include the salary and benefits for the two employees which total $110,500 annually and the scheduled maintenance of the city vehicle..These funds are included in the 2001-03 Financial Plan, and we plan to include them in the preliminary 2003-05 Financial Plan. Other operational expenses are covered in the NTF operating budget. If the City chose not to participate in NTF, the Police Department would be responsible for all narcotic enforcement within the City which would require the expenditure of at least the same amount for the two employees, and in all probability a much greater amount. By participating in NTF,the City is able to leverage our financial commitment to receive greater benefits,.including the \ availability and use of eight trained narcotic investigators and their accompanying vehicles from the participating Departments, funds and communications equipment provided by BNE, and substantial additional support from the State for major investigations, including aircraft support and additional investigators and funds when needed. The City has also benefited by receiving equipment funded by the NTF asset forfeiture fund, including the Firearm Training System valued at over$100,000, a commercial grade generator being used by the Public Works Department, several portable radios, and a specialized firearm for the SWAT Team. ALTERNATIVES 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, and it would severely hamper the Police Department's ability to enforce narcotics laws in our City. It would also reduce the amount of information available through the NTF for other criminal investigations within the City. Since the Police Department would still need to fund narcotic enforcement activities and investigators, this would not result in a savings to the City and would likely result in an increase in costs. ATTACHMENT Memorandum of Understanding C3-3. ATTACHMENT SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE MEMORANDUM OF UNDERSTANDING C3-3 ATTACHMENT . SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE Memorandum of Understanding Table of Contents Memorandumof 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 VIII. Training......................................................................................................................3 IX. Annual Report............................................................................................................3 X. Resources....................................................................................................................3 XI. Facilities, Equipment and Property .........................................................................3 XII. Asset Forfeiture..........................................................................................................4 XIII. Administration and Audit.........................................................................................5 03-4 ATTACHMENT XIV. Inspection Process......................................................................................................5 XV. Non-Discrimination Clause.......................................................................................5 XVI. Respective Responsibilities........................................................................................5 XVII. Policy and Procedure Manual...................................................................................5 XVIII. Term of Agreement....................................................................................................6 XIX. Authorization..............................................................................................................6 XX. Signatures...................................................................................................................7 C3 -� - MACHMENT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding(MOU) to establish the San Luis Obispo County Narcotic Task Force (hereinafter SLOCNTF) 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 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 memorandum is to set forth the responsibilities of the participating agencies as they relate to the San Luis Obispo County Narcotic 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. Agencies participating in the San Luis Obispo County Narcotic Task Force will be targeting their investigations toward the apprehension of all levels of 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 mission of the San Luis Obispo County Narcotic Task Force will be to significantly diminish the availability and use of illegal drugs in the San Luis Obispo County areas and surrounding jurisdictions, and apprehend the responsible offenders, thereby increasing public safety. III. BOARD OF GOVERNORS The San Luis Obispo County Narcotic Task Force will be governed by a "Board of Governors". 4 C3 -� MACHMENT Participating Agency - A "Participating Agency" is an allied state, federal or local law enforcement agency that has made a commitment of resources or manpower for an agreed upon time period. 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. Role-The Board of Governors shall meet on a quarterly basis for the purpose of reviewing the activities of the San Luis Obispo County Narcotic Task Force. Also, the members shall have general responsibility for the oversight of the San Luis Obispo County Narcotic Task Force operations. Board Chairman - One member of the Board of Governors shall be elected as Chairman and serve fora one year term. The BNE Special Agent in Charge shall not serve as Chairman. Policy Authority - The Board of Governors shall be responsible for the San Luis Obispo County Narcotic Task Force policies and operating procedures. The Board shall periodically review and evaluate the San Luis Obispo County Narcotic Task Force operations, goals, objectives, policies and procedures. 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 San Luis Obispo County Narcotic 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 San Luis Obispo County Narcotic Task Force. When the number of law enforcement personnel from participating agencies drops below four, BNE may terminate the MOU. When the number of law enforcement personnel from participating agencies is over nine, BNE may, add a second Special Agent Supervisor (SAS). V. TASK FORCE COMMANDER A SAS from BNE shall be responsible for managing the San Luis Obispo County Narcotic Task Force and will report to the Board of Governors through the Chairperson of the Board. The San Luis Obispo County Narcotic Task Force Commander will provide the Board of Governors with monthly and annual reports of the San Luis Obispo County Narcotic Task Force activities. Any personnel assigned to the San Luis Obispo County Narcotic Task Force shall adhere to the published policies and procedures of the San Luis Obispo County Narcotic Task Force. 5 C3- �1 ATTACHMENT 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 statistical report submitted to the Board of Govemors as outlined in the Policy& 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 proceeding 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. BNE San Luis Obispo Police Department One Special Agent Supervisor One Police Officer One undercover vehicle One undercover vehicle 10,000 undercover funds One Administrative Assistant Misc. admin. Support Misc. inv. Equipment Vehicle radios 6 C3 ,g ATTACHMENT San Luis Obispo County DA's Office Atascadero Police Department Two Investigators One Police Officer One Administrative Assistant Maintenance of issued vehicle Two undercover vehicles Necessary safety equipment California Highway Patrol Paso Robles.Police Department One Police Officer One Police Officer One undercover vehicle Maintenance of issued vehicle Necessary safety equipment Arroyo Grande Police Department University Police, Cal Poly.San Luis Obispo One Police Officer $4,000.00 operational funds One undercover vehicle Technical support Grover Beach Police Department Pismo Beach Police Department $20,000.00 operational funds $20,000.00 operational funds XI. FACILITIES, EQUIPMENT & PROPERTY When the number of law enforcement personnel from participating agencies drops permanently below four, BNE may terminate the MOU. In such cases, any balance of the facilities'lease agreement(or any contractual agreement) will be 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 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 the San Luis Obispo County Narcotic 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. Monthly, local, ATSS, and long distance charges for existing telephone lines 4. Utilities included in lease. 5. Alarm equipment including maintenance and monitoring. 7 C3 -�l ATTACHMENT 6. CLFTS machine on single or county line. 7. Janitorial services(unless included in full-service lease). 8. Landscape services(unless included in firll-service)ease). 9. Purchase and installation of at least one personal computer,printer and modem which is compatible with DOTS MAPPER/GroupWise system. XII. ASSET FORFEfIVRE 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 by majority vote of the Board of Governors in compliance with 11489 of the California Uniform Controlled Substances Act and/or federal guidelines. XHL 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 the San Luis Obispo County Narcotic 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(3)three 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 and the Task Force Commander. At change of command, an audit of the controlled substance evidence,undercover funds, weapons and specialized equipment shall be performed. 8 C3= 1 � MACHMENT, 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. DVartment 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, ase or national origin and equal employment opportunities. XVI. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of the San Luis Obispo County Narcotic 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 San Luis Obispo County Narcotic Task Force. Personnel assigned to the San Luis Obispo County Narcotic 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. XVQ. POLICY AND PROCEDURE MANUAL It is agreed that all members of the task force shall abide by the applicable policies and procedures as expressed in the San Luis Obispo County Narcotic Task Force manual,which is specific in content to the needs, objectives and goals of the San Luis Obispo County Narcotic Task Force. XVM. TERM OF AGREEMENT The term ofthis agreement shall be from July 1, 2002 through June 30, 2005. Any participating agency shall be able to withdraw from this agreement by notice in writing to the Board of Governors Chairperson and such withdrawal shall be effective 90 days after such notification. An extension of this MOU will be granted pursuant to the signed agreement of the Board of Governors. The San Luis Obispo County Narcotie Task Force will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. 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 headquarters and will become effective upon receipt. 9 C3 1I ATTACHMENT 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 Paso Robles Representative Date City of Pismo Beach Representative Date City of San Luis Obispo Representative Date University Police, California Polytechnic State University, Date San Luis Obispo Representative California Highway Patrol Representative Date State of California Date Bureau of Narcotic Enforcement Representative State of California Date Administrative Services Division Director 10 �3 -12-