HomeMy WebLinkAbout05/18/1993, C-10 - INTER-AGENCY AGREEMENT FOR NARCOTIC TASK FORCE Meeting Date.: 5/18/93
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W0091A COUNCIL AGENDA REPORT
FROM: James M. Gardiner, Chief of Police;�""�
SUBJECT: Inter-agency Agreement for Narcotic Task Force
CAO RECOMMENDATION:
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, 1993
through June 30, 1996.
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
Sheriff's Department, 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 approximately $9,000 per year for
operations.
FISCAL IMPACT:
Funds are currently budgeted to cover the Departments continued participation in the Task Force.
ALTERNATIVE:
1. The Council could choose to not 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: Draft Resolution
Inter-agency Agreement
RESOLUTION No. (1993) 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 CITY 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 manpower 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, 1996, 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:
the foregoing resolution was passed and adopted this day of , 1990.
PEG PINARD, MAYOR
ATTEST:
DIANE GLADWELL, CITY CLERK
APPROVED AS TO FORM:
I
O E N ITY ATTORNEY
INTERAGENCY AGREEMENT j
FOR THE
SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE
This Agreement is entered into, by and among, the State of
California, Department of Justice, Bureau of Narcotic Enforcement; the
County of San Luis Obispo; the cities of Arroyo Grande, Atascadero,
Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo;
and the California Polytechnic State University, San Luis Obispo; This
agreement shall be effective July 1, 1993 , provided that by said date it
has been ratified by all agencies identified above.
WITNESSETH
WHEREAS, Law Enforcement Administrators agree that drug
cultivation, manufacturing, distribution, sale, and use presents a major
law enforcement problem, and
WHEREAS, each agency identified above is unable to commit
sufficient resources to adequately curtail those illegal practices, and
WHEREAS, the above identified agencies, by Inter-Agency agreement,
combined resources to control narcotics activities in San Luis Obispo
County, and
WHEREAS, the San Luis Obispo County Narcotics Task Force has been
very successful during that time.
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NOW, THEREFORE, the parties do agree as follows:
1. Effect of Agreement
This Agreement shall supercede and be a novation of the Law
Enforcement Inter-Agency Agreement dated. June 30, 1990.
2. Purpose
The purpose of this Inter-Agency Agreement is to provide for
the exercise of common power of each of the parties to provide
combined investigative resources. These resources shall be
utilized for the purpose of enforcing the laws of the State of
California as they relate to narcotics and controlled substances.
The specific goals and objectives of the Task Force will be
determined by the San Luis Obispo County Narcotics Task Force Board
�- of Governors and published as the SLOCNTF Operations Order Manual.
3 . Governing Body of NTF
A. Composition of Board of- Governors
The NTF will be governed by the Police Chiefs of
Atascadero, Arroyo Grande, and San Luis Obispo, the
Sheriff of San Luis Obispo County, the District Attorney
of San Luis Obispo County, and the Special Agent in
Charge of the Los Angeles Field Office of the Bureau of
Narcotic Enforcement. Each of these members shall have
an equal vote.
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B. Authority of the Board
The Board shall have the authority to establish,
evaluate, and change the goals and objectives of the NTF
whenever necessary. It shall also have the authority to •
enter into financial arrangements to the extent of
resources available. Additionally, the Board of
Governors will be responsible for the expenditure of
seized asset forfeiture funds which are held in a San
Luis Obispo County Narcotic Task Force account. The
Board of Governors will, by majority vote, allow
expenditures from said account.
C. Board Meetings
The Board shall fix time and place for its meetiZigs and
shall hold at least one meeting quarterly. Any action
taken by the Board shall be taken by a majority in
attendance provided a quorum exists. Four members of the
Board shall constitute a quorum.
D. Board Chairman
One member of the Board shall be elected as Chairman and
serve for a one year term. The Bureau of Narcotic
Enforcement Special Agent in Charge shall not serve as
Chairman.
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4. Supervision of the NTF
A Special Agent Supervisor/Task Force Commander from the
Bureau of Narcotic Enforcement shall be responsible for supervision
of the NTF, and will report directly to the Board, through the
Chairman. The Task Force Commander shall be requited to inform
each agency head, on a frequency established by the Board, on all
potential targets for investigations, NTF activities, and/or any
controlled substance related problems.
5. Task Force. Assignments
A. Agency personnel will be assigned as follows:
San Luis Obispo Sheriff 's Department - Two Deputy Sheriffs
San Luis Obispo Police Department - One Police Officer
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One Secretary I
Atascadero Police Department One Police Officer
Arroyo Grande Police Department One Police Officer
Paso Robles Police Department One. Police Officer
Morro Bay Police Department - One Police Officer
San Luis Obispo District Attorney - Two Investigators
One part-time
Account Clerk
Bureau of Narcotic Enforcement One Special Agent
Supervisor/Task
Force Commander
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B. Any individuals assigned shall be under the immediate
control of the Task Force Commander and shall adhere to
all NTF policies and procedures.
C. Each agency shall be responsible for compensation of the
personnel assigned from that agency to include all
salaries, benefits, payroll taxes and insurances, and
overtime. Overtime, due to potential budgetary impact,
must be an item of communication between each agency
responsible for payment and the NTF supervisor.
D. The police officer assigned by the Atascadero Police
Department, Arroyo Grande Police Department, and the
secretary assigned by the San Luis Obispo _Police
Department shall be compensated by funds contributed by
the following cities.
City of Arroyo Grande
City of Atascadero
California Polytechnic University
City of Grover Beach
City of Morro Bay
City of Paso Robles
City of Pismo Beach
The City of San Luis Obispo will contribute funds to pay. a portion
of the Arroyo Grande Police Officer as their fair share.
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Each agency will contribute funds to the City of San Luis Obispo
OFinance Department as their fair share of the annual budget proposal
approved by the Board of Governors. Any cost of living increases as
granted by the employing agency will also be compensated. The San Luis
Obispo Finance Department will dispense funds at the discretion of the
Board of Governors..
E. The police officers assigned by the Paso Robles Police
Department, the Morro Bay Police department, and the
account clerk assigned by the San Luis Obispo District
Attorney's Office shall be compensated by funds generated
by asset forfeiture monies. The assignment shall be
evaluated every fiscal year for continuation based on the
availability of revenue.
6. Asset Forfeiture
It shall be the responsibility of the San Luis Obispo County
Narcotic 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 Narcotic Task Force interest bearing account.
Expenditures of proceeds derived from such seizures after
disposition shall be authorized by majority vote of the San Luis
Obispo County Narcotic Task Force Board of Governors in compliance
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with 11489 of the California Uniform Controlled Substances Act
and/or federal guidelines.
7. Equipment and Supplies.
The San .Luis Obispo Police Department, San Luis Obispo County
Sheriff's Department, and the California Bureau of Narcotic
Enforcement shall each be responsible for providing vehicles to be
utilized by personnel assigned to the unit. This responsibility
shall include insurance, gas and oil, upkeep and maintenance, radio
installation, and other expenses associated with the vehicles. The
California Bureau of Narcotic Enforcement will provide Task Force
office space, telephone service, a portable base station, $20, 000
in undercover buy funds, and will provide a burglar alarm system
for said. office. The San Luis Obispo Police Department will
provide $1,200 in undercover funds for the purchase of drugs and
narcotics in the City of San Luis Obispo. San Luis Obispo County
Sheriff's Department will provide,$1, 000 in investigative funds for
the purchase of drugs and narcotics in the County of San Luis
Obispo. Additionally, $4, 000 from the San Luis Obispo County Drug
Fund will be allotted to the Task Force for the purchase- of drugs
and narcotics in the County of San Luis Obispo. Office supplies
and office expenses should be provided for from excess funds paid
by the eight agencies listed in section 5-D.
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8. Acts of Participating Agents
Personnel assigned to the Task Force shall be deemed to be
continuing under the employment of their parent agency.
9. Term Withdrawal. and Termination of Agreement
The term hereof is three years, until June 30, 1996.
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 prior to 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.
IN WITNESS, WHEREOF, the parties have executed this Agreement
on the dates set forth beside their respective signatures.
CITY OF SAN LUIS OBISPO
Date
Mayor or designate
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