HomeMy WebLinkAbout04/15/2008, C10 - APPROVE INTER-AGENCY AGREEMENT FOR NARCOTIC TASK FORCE �J
C o N n c i t Mahn,WW 15,2008
j acEnbA Report A610
Irtm NumLer
CITY O F SAN LUI S OBISPO
FROM: Deborah Linden, Chief of Police
SUBJECT: APPROVE INTER-AGENCY AGREEMENT FOR NARCOTIC TASK
FORCE
CAO RECOMMENDATION
Authorize the Mayor to execute an inter-agency Memorandum of Understanding (MOU) for
continued participation in the San Luis Obispo County Narcotic Task Force from July 1, 2007
until the MOU is either terminated or until participation in the Task Force is no longer desired.
DISCUSSION
The San Luis Obispo County Narcotic Task Force (NTF) was formed in 1981 and has been in
operation since then. NTF is coordinated by the California Department of Justice, which
provides task force supervisors and significant financial support to the Task Force. Numerous
local and State agencies contribute personnel or financial support to the Task Force, including
the cities of San Luis Obispo, Arroyo Grande, Grover Beach, Pismo Beach, Atascadero, and
Paso Robles; the San Luis Obispo County Sheriffs Department, District Attorney's Office,
Probation Department, and Department of Social Services; the Cal Poly University Police
Department; and California State Parole. The California Department of Justice coordinates and
helps fund several such task forces throughout the state.
The focus of NTF is to investigate narcotics trafficking in San Luis Obispo County in a
coordinated way, leveraging the resources of many different law enforcement agencies,
including those that are not large enough to have their own narcotics unit. In addition, safe and
effective narcotics investigations require the ability to share information quickly and to operate
without the restraint of jurisdictional boundaries. The multi-agency cooperative nature of NTF
allows this to occur.
In San Luis Obispo County, NTF continues to provide the most effective way to combat
narcotics trafficking in San Luis Obispo County, including being cost efficient for the agencies
involved. In addition to narcotics enforcement, NTF also investigates cases involving drug
endangered children who have been placed at significant risk by parents or caregivers who are
using or trafficking in drugs.
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. For example, NTF personnel assisted our
department during the recent bank robbery and homicide investigations in late 2007. The
California Department of Justice brings additional personnel and equipment into our area when
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needed, at no additional cost to the participating agencies, and provides assistance when
investigations lead to areas outside our County. The City also benefits from the assets seized by
NTF from drug dealers, which have been used to purchase equipment and provide training for
participating law enforcement agencies.. The personnel and financial resources required to
conduct major narcotics investigations far exceed the resources of our Police Department alone.
Without NTF, we would not be able to conduct the scale and caliber of narcotic investigations
required in our county.
The agencies that participate in NTF have all entered in to a Memorandum of Understanding
(MOU), which is periodically updated as needed. Such an update was completed in 2007, and
the updated version of the MOU has been approved by the Department of Justice. There are no
substantive changes in thisagreement from the previous agreements. Participating agencies may
withdraw from the agreement with 30 days notice. The effective date of the updated MOU is
July I, 2007. Staff has not been able to present it to Council before now because it was under
review at various levels of the Department of Justice.
The City currently commits one sworn Police Officer and one Records Clerk II to NTF, along
with an unmarked vehicle and personal protective equipment for the officer. This commitment
level has not changed for many years.. The City's participation in, and dedication of personnel
to, NTF is critical to the functioning of the Task Force.
FISCAL IMPACT
The current 2007-09 financial plan and budget includes funding for the two employees assigned
to the Narcotic Task Force. The following table depicts the budgeted amounts of salary, benefits
and insurance for both employees:
FY 2007-08 FY 2008-09
Records Clerk 1I $75,371 $79,622
Police Officer $128,473 $128,697
Total $2039844 $208,319
Additional costs include maintenance of the vehicle assigned to the officer; and overtime for
operations. These costs would be incurred even if the position were reassigned to the Police
Department.
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 trained narcotic investigators and their accompanying vehicles from
the participating agencies, funds and equipment provided by DOJ, 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 a Firearm Training System valued at over
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$100,000, a commercial grade generator for Public Works, portable radios, a specialized firearm
for the SWAT Team, and a vehicle for the Police Department SORT Team.
ALTERNATIVES
The Council could choose not to renew the agreement. Staff believes this would be a step
backward 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. 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.
ATTACHMENTS
San Luis Obispo County Narcotic Task Force Memorandum of Understanding
G:\PDStafACAO and CAR Reports\CAR\CAR-NTF MOU 4-15-08.doc
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ATTACHMENT
SAN LUIS OBISPO COUNTY
NARCOTIC TASK FORCE
MEMORANDUM
OF
UNDERSTANDING
Effective July 1 , 2007
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SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE
Memorandum of Understanding
Table of Contents
IPartcipating Agencies......................................................................4
H. Purpose.......................................................................................4
QI. Mission.......................................................................................4
IV. Board of Governors........................................................................5
A. Participating Agency..................................................................5
B. Structure................................................................................. 5
C. Role.......................................................................................5
D. Board Chairman.......................................................................5
E. Policy Authority........................................................................5
F. Votes of Board.........................................................................5
V. Management.................................................................................5
VI. Task Force Commander..................................................................6
VII. Compensation...............................................................................6
VIII. Budget.........................................................................................6
IX. Training......................................................................................6
X. Annual Report...............................................................................6
XI. Participating Agency Resources..........................................................7
XII. Supporting Agencies.......................................................................7
XIII. Facilities, Equipment and Property.....................................................7
XIV. Asset Forfeiture..................................................................:.........8
XV. Administration and Audit................................................................8
XVI. Inspection Process..........................................................................8
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XVII. Non-Discrimination Clause...............................................................9
XVIII.Respective Responsibilities...............................................................9
XIX. Policy and Procedure Manual...........................................................9
XX. Term of Agreement........................................................................9
XXI. Authorization..............................................................................10
XXII. Signatures..................................................................................10
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- C ATTACHMENT
SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE
MEMORANDUM OF UNDERSTANDING
1. PARTICIPATING AGENCIES
This Memorandum of Understanding (MOU) is to establish the San Luis Obispo County
Narcotic Task Force (hereinafter referred to as Task Force) is entered into by the California
Department of Justice (CA DOJ) Bureau of Narcotic Enforcement (BNE) and the following
participating agencies:
• California Polytechnic State University, San Luis Obispo—Police Department
• California Department of Corrections and Rehabilitation-Parole& Community Services
Division
• City of Arroyo Grande—Police Department
• City of Atascadero—Police Department
• City of Grover Beach—Police Department
• City of Paso Robles—Police Department
• City of Pismo Beach—Police Department
• City of San Luis Obispo—Police Department
• County of San Luis Obispo District Attorney's Office
• County of San Luis Obispo Department of Social Services, Child Welfare Services
• County of San Luis Obispo Probation Department
• County of San Luis Obispo— Sheriff's Department
H. 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.
III. 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.
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IV. BOARD OF GOVERNORS
The San Luis Obispo County Narcotic Task Force will be governed by a"Board of
Governors."
A. Participating Agency–A"Participating Agency" is an allied local, state, or
federal law enforcement agency that has made a commitment of significant
resources or personnel 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 Regional
Office (LARD) of the Bureau of Narcotic Enforcement or their designee, and the
department.heads of each participating agency or their designee.
C. Role–The Board of Governors shall meet on a bi-monthly basis for the purpose
of reviewing the activities of the San Luis Obispo County Narcotic Task Force.
Also, the participants shall have a general responsibility for the oversight of the
San Luis Obispo County Narcotic Task Force operations.
D. Board Chairman–One participant of the Board of Governors shall be elected as
the Chairperson and serve for a minimum of one year term. Unless otherwise
assigned, in the absence of the Chairperson the immediate past Chairperson will
act as the Chairperson for purposes of Board of Governor Meetings and other
duties of the chairperson. The BNE Senior Special Agent in Charge/Special Agent
in Charge shall not serve as the Chairperson.
E. 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.
F. Votes of Board–Any action taken by the Board of Governors shall be by a
majority in attendance provided a quorum (greater than 50%)of participating
agencies are represented at the meeting.
V. 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 investigative
personnel from participating agencies drops permanently below four, BNE may terminate
the MOU. When the number of law enforcement investigative personnel from
participating agencies is over nine, BNE may add a second Special Agent Supervisor
(SAS).
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VI. TASK FORCE COMMANDER
A Special Agent Supervisor from BNE shall be assigned as the Task Force Commander
and will be responsible for managing and supervising the San Luis Obispo County
Narcotic Task Force. The Task Force Commander will be under the direct supervision of
the BNE Los Angeles Regional Office Senior Special Agent in Charge or Special Agent
in charge, and report to the Board of Governors through the Chairperson of the Board.
The 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 adopted policies and procedures of the San Luis Obispo County Narcotic Task Force.
VII. COMPENSATION
Each participating agency is responsible for providing its respective personnel with
salaries, benefits and overtime in accordance with FLSA regulations and other
contractual obligations.
VIII. 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 year for approval by the
Board of Governors. The fiscal year will begin on July 1 and end on June 30. A monthly
report of expenditures shall accompany the monthly activity& statistical report submitted
by the Task Force Commander to the Board of Governors as outlined in the Policy &
Procedure Manual.
IX. TRAINING
Training of personnel assigned to the Task Force is the responsibility of each
participating agency according to their agency budgets. A specialized training plan for
all Task Force personnel shall be prepared upon their initial assignment to the Task
Force. For assigned law enforcement officers, the minimum mandatory training required
shall be basic narcotics school', basic lab school and basic weapons training.
X. 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 of Governors to reassess task force goals and
objectives.
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XI. PARTICIPATING AGENCY RESOURCES
The participating agencies understand that the changing criminal activities as well as
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, in conjunction with the budget processes of the
participating agencies..
Participating agencies agree to either assign personnel or contribute a minimum of
$20,000 operating funds annually to the Task Force. The Board of Governors may
approve deviations from this minimum contribution.
The contributions of personnel and/or resources by each participating agency are listed in
Appendix A.
XII. SUPPORTING AGENCIES
With approval by the Board of Governors, other agencies and/or organizations may be
designated as a Supporting Agency to the San Luis Obispo Narcotic Task Force. These
agencies generally offer limited support and assistance to the San Luis Obispo Narcotic
Task Force but not to the same level as Participating Agencies. Supporting Agencies will
not have a vote on the Board of Governors or be a signatory to the San Luis Obispo
Narcotic Task Force MOU. The list of supporting agencies is contained in Appendix B.
XIII. FACILITIES, EQUIPMENT & PROPERTY
When the number of law enforcement personnel from participating agencies permanently
drops below four, BNE may terminate the MOU. In such cases, any balance of the,
facilities' lease agreement (or any other contractual agreement) will be funded on a pro-
rata basis by the participating agencies listed in this MOU, or paid with any asset
forfeiture funds.
Any and all property, including equipment, furniture; or furnishings 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 funds (whether through budgeted or seized
assets) that is damaged, broken, misplaced, lost or stolen, through gross negligence,
wrongful act, omission of an officer or agent assigned the San Luis Obispo County
Narcotic Task Force, or involvement in a traffic collision, shall be repaired or replaced by
the agency of the responsible employee at the determination of the Task Force
Commander with concurrence from the Board of Governor Chairperson.
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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.
3. Utilities (unless included in full-service lease).
4. Alarm equipment, maintenance and monitoring.
5. CLETS machine on a single or county line.
& Janitorial services (unless included in full-service lease).
7. Landscape services (unless included in full-service lease).
XIV. ASSET FORFEITURE
It shall be the responsibility of the Task Force to investigate asset seizures initiated by the
Task Force pursuant to Section 11470 of the California Health and Safety Code and 21
United States Code 881. Such seizures will then be deposited in interest bearing accounts
when appropriate. 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 Health and Safety Code and/or federal guidelines.
In the case of joint investigations involving'both Task Force and non-Task Force
resources from other law enforcement agencies that result in the seizure of assets, the
involved agencies (including the Task Force) will negotiate an equitable share of the
asset forfeiture proceeds to reflect the proportionate contribution of resources from each
agency dedicated to the investigation. For state forfeitures, if the Task Force and other
involved agencies cannot agree to an equitable distribution, the District Attorney of San
Luis Obispo County shall be the decisive arbitrator of an equitable distribution based on
the District Attorney's determination of the proportionate contribution of resources from
the Task Force and the other agencies involved. For federal forfeitures, the lead federal
agency's sharing policies and procedures shall prevail.
XV. ADMINISTRATION AND AUDIT
In no event shall the participating 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.
XVI. 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 as needed within six (6)
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months. Copies of the inspection report will be delivered to the Senior Special Agent in
Charge or Special Agent in Charge of the BNE-LARO and the Task Force Commander.
The Senior Special Agent in Charge or Special Agent in Charge shall forward a copy of
the inspection report and response to the Chairperson of the Board of Governors.
At change of command, an audit of the controlled substance evidence, undercover funds,
weapons and specialized equipment shall be performed.
XVII. 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.
XVIII.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
officers(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 to same
powers, duties, privileges, responsibilities and immunities as are conferred upon them as
peace officers in their own jurisdictions.
XIX. POLICY AND PROCEDURE MANUAL
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.
XX. TERM OF AGREEMENT
The term of this agreement shall be from July 1, 2007 and shall remain in effect
indefinitely, or until the Task Force is dissolved or participating agencies agree that
significant modification and/or renewal is appropriate.. Any participating agency shall be
able to withdraw from this agreement by providing notice in writing to the Board of
Governors Chairperson, and such withdrawal shall be effective thirty (30) days after such
notification. The San Luis Obispo County Narcotic Task Force will only be responsible
for financial obligations incurred by Task Force participating agencies during the tern of
this agreement.
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XXI. 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 any/all attachments. All future
amendments must be forwarded to BNE headquarters and will become effective upon
receipt.
XXII. SIGNATURES
➢ California Polytechnic State University, San Luis Obispo
Name Title
Signature Date
➢ California State Parole and Community Department
Name Title
Signature Date
➢ City of Arroyo Grande
Name Title
Signature Date
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City of Atascadero
Name Title
Signature Date
City of Grover Beach
Name Title
Signature Date
City of Paso Robles
Name Title
Signature Date
City of Pismo Beach
Name Title
Signature Date
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GCity of San Luis Obispo P. LOWELL
City Attorney ATTACHMENT
Name Title
Signature Date
County of san Luis Obispo Department of Social Services
Name Title
Signature Date
County of San Luis Obispo District Attorney's Office
Name Title
Signature Date
County of San Luis Obispo Probation department
Name Title
Signature Date
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County of San Luis Obispo, Sheriffs Department
Name Title
Signature Date
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