HomeMy WebLinkAbout02/20/1990, C-3 - INTER-AGENCY AGREEMENT FOR NARCOTIC TASK FORCE i�u►Illifl�l�l�lll
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COUNCIL AGENDA REPORT '1""NUMBER:
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FROM: James X Gardiner, Chief of Police
SUBJEC I. Inter-agency Agreement for Narcotic Task Force.
CAO BBOOMMENDATIOM
Adopt a resolution to approve and authorize the Mayor to emecute an agreement for
operation of the San Lune Obispo County Narcotic Task Force from July 1, 1990 through
June 30, 1998.
DISCUSSION:
The Sao 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 Teak Farce 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 tea officers representing the nncmpmited cities, the Sheriff's
Department, the DA's Office, and the state Department of Justice.
Over its nearly ten years of operation, the munbgrs of arrests and contraband seized by the Task Force has
grown each year. In 1989, 247 persons were arrested for drug related violations. The Task Force also seized
over$25 million dollars worth of contraband.
There are no substantive changes in this agreement from the previous agreements. The Department's
commitment ruins one sworn officer, one secretary,and appra®mately$9,000 per year for operations.
FISCAL IWAM
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 deal'mg 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.
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cmy of san lues ogispo
COUNCIL AGENOA REPORT
CONCUUMCM
City Administrative Officer
Attu
Director
1. 8eeoiution
2. Inter-agency Agreement
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tESOLUTION No.
A RESOLUTION OF THE QTY COUNCIL.
OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
PARTICIPATION OF THE POLICE DEPArruiNT
IN THE SAN LUIS OBISPO COUNTY NARC077G 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 Sen Luis Obispo desires that the San Luis Obispo Police Department
should participate in the San Luis Obispo County Narcotic Task Force.
NOW, 'THEREFORE, THE CPTY 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 thathe 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, 1993, 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.
RON DUNIN, MAYOR
ATTEST:
PAM VOGES, CITY CLERK
APPROVED AS TO FORM:
JF `' GINN7 5M ATTORNEY
C�3-3
San Luis Obispo County Narcotics Task Force
January 11 , 1990
Chief James Gardiner
San Luis Obispo Police Dept .
P. 0. Box 1328
San Luis Obispo, CA, 93406
James C: Christian
San Luis Obispo County NTF
P. 0. Box 3110
San Luis Obispo, CA 93403
Dear Chief Gardiner.
Please have the appropriate person sign the enclosed San Luis
Obispo County Narcotic Task Force Interagency Agreement and return
the document to the Task Force .
JAm4s Christ'Ain
Task Force Commander
JCC:gs
Post Office Box 3110, San Luis Obispo, Califomia 93403 Telephone (805) 549-3415 ATSS 629-3415
INTER-AGENCY AGREEMENT
� 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 City, Morro
Bay, Paso Robles, Pismo Beach, and San Luis Obispo; the California
Polytechnic State University, San Luis Obispo; and the California
Highway Patrol . This agreement shall be effective July 1, 1990,
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 , 1987 .
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 Manual of Policies and Procedures.
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, the Station Commander of the Templeton Station of
the California Highway Patrol, 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
with the County Auditor. 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 meetings 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 and the representative
of the California. Highway Patrol 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
- One Secretary I
Atascadero Police Department - One Police Officer
ArroyotGrande 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
California Highway .Patrol - One Police Officer
Bureau of Narcotic Enforcement - One Special Agent
Supervisor/Task
Force Commander
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B. Any individuals assigned shall be under the immediate
Ccontrol 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 City
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
Finance 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 part-
time 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
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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 held by
the San Luis Obispo County Auditor/Controller. Expenditures of
proceeds derived from such seizures after disposition shall be
authorized. by majority vote of the San Luis Obispo County Narcotic
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Task Force Board of Governors in compliance 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 , 1993 .
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 of designate
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