HomeMy WebLinkAbout06/15/1999, C4 - INTER-AGENCY AGREEMENT FOR NARCOTICS TASK FORCE council ;-Ir- g9
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CITY O F SAN LUIS O B I S P O
FROM: James M. Gardiner, Chief of Police`
Prepared By: Kathe Kleiman,Administrative Secretary
SUBJECT: INTER-AGENCY AGREEMENT FOR NARCOTICS 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, 1999 through June 30, 2002.
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. During the past three year agreement, the Task Force
conducted many operations within the City. The most obvious and largest was the elimination
of a major trafficking ring which was operating out of an auto detailing shop on So. Higuera.
This one operation was distributing large quantities of illegal substances in San Luis Obispo and
north Santa Barbara counties. The investigation involved local, state, and federal agencies.
Additionally, as noted in Attachment 3, the City of San Luis Obispo was the location for over
27% of the arrests made by the Task Force in 1998. As reflected throughout the county, these
were nearly all related to methamphetamine. Attachment 4 is indicative of the type of case
which the Task Force can pursue because of the collective and specialized resources.
Currently, the Task Force has nine officers from incorporated cities, the County District
Attorney's Office, California Highway Patrol, and the State Department of Justice. There are
also two clerical staff.
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 one police investigator and a
secretary which total $110,203 annually. These fiords are included in the 1999-01 financial plan.
Other operational expenses are covered in the Task Force operating budget. These budgets are
determined annually and are based on the number of personnel in the Task Force,the availability
of asset forfeiture funds, and the support which the Task Force receives from the state Bureau of
Narcotics Enforcement Total operational expenses for the Task Force for 1999-2000 are
budgeted at $65,000. The Task Force is overseen and budgets are approved by the Board of
Governors which is made up of the Chief Executives of the agencies participating in the unit.
Council Agenda Report—Inter-Agency Agreement for Narcotics Task Force
Page 2
ALTERNATIVES
The Council could choose not to renew the agreement. Staff 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
3. 1998 Arrest Statistics
4. News Article of NTF Arrests
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RESOLUTION NO. (1999) 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 he 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 30,2002,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:
CGI 3
Resolution No. (1999 Series)
Page Two
The foregoing resolution was passed and adopted this day of ' 1999.
ALLEN SETTLE,MAYOR
ATTEST:
LEE PRICE, CITY CLERK
APPROVED AS TO FORM:
,r?TGE SE ATTORNEY
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SAN LUIS OBISPO COUNTY
NARCOTIC TASK FORCE
MEMORANDUM
OF
UNDERSTANDING
Exhibit "A"
Attachment 2
ey r
SAN LUIS OBISPO COUNTY
NARCOTIC TASK FORCE
Memorandum of Understanding
Table of Contents
Memorandum of Understanding.................».»»...........»».....».............................................1
LPurpose».»»»».....»...»..........».................................................»..».............................1
II. Mission»..».».»...».........».............................».».......».................................................1
M. 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».»»..»»...».»».........._»....»...».............»..........»....a.................»»..»..».2
V. Task Force Commander........»»».....»......».....».......»...».».............»».......»»».»».».2
VI. Compensation.....»..».»...................»....................».........................................»........3
VII. Budget......»a.»»..........»»....».....».»».....».».»»».....»»»»..».».............................»....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
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
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU)to establish the San Luis Obispo County Narcotic
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 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 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-
U. 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 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 San Luis Obispo County Narcotic Task Force will be governed by a"Board of Governors".
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Participating Agency-A "Participating Agency" is an allied state,federal or local law
enforcement agency that has made a commitment of resources and our 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 for a 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 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 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*►ma*�g the San Luis Obispo County Narcotic Task
Force and will 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 published policies and procedures of the
San Luis Obispo County Narcotic Task Force.
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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 fiscallcalendar 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&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-swom, 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.
XL FACE IES,EQUIPMENT&PROPERTY
When the number of law enforcement personnel from participating agencies drops permanently
below four, BNE MU 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 fiords.
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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.
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 MAPPER/GroupWise system.
XM 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 by majority vote of the Board of
Governors in compliance with 11489 of the California Uniform Controlled Substances Act
and/or federal guidelines.
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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 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.
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.
XVL 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.
XVII. 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 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.
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XVIII. TERM OF AGREEMENT
The term of this agreement shall be from July 1, 1999 through June 30,2002. 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 Narcotic 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 Ram amendments must be
forwarded to headquarters and will become effective upon receipt.
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30C 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
California Polytechnic State University, Date
San Luis Obispo Representative
California Highway Patrol Representative Date
State of California Date
Bureau of Narcotic Enforcement Representative
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Yearlong: drug probe,
ends in aurportarrests
SIA COUNTY—A drag bust at Ca�rm
the San Luis Obispo County Air• AIlfora face�d'
Port Tuesddp led to the arrest of cy to dLsh�&:I
suspects three and the seizdre of aid atdbg and
more than Iipounds of•metham- udwof-me
phetamine with a street value of up • In addition, vestigators ob-
t0X00,000 warrants for twore6
In all,seven San Luis Obispo dezi anted a business in Como
Countyresidents were arrested and a residence in rural Arroyo
Taesday in the culmination of a Grande..
yeg hrwOn by the coma- •`Undercover agents. Tuesday
PBLNarcotics Task Force.and the arranged a meeting at The ceaat9
I
irport with Bazk Gomez and a
las said they targeted a tta Larry Alvarez to
methamphetamine distribution. podads of metiiaampheta
netwnrkitenbavdin0oan. . minefacS56 nThesaspe*wem
a�rithorities said they.believe acres and agents-seized the
JaaaV aBaM 2%of Odeano and
sisotla3saspectsanestedTaes� .Alvarezwas&aigedwith•oon-
az7e'beear+espo�lefcethe ' aplrecyboseIlmetbamplft
talion
of Is I poIDuds of re�indicate ageAts also dt
e'aweek. ,4&m o Roiag$g1io,'j Sd
- aundescoverIla, agent•re . Grotwr$�d;
liar�Y i him meet with Bats}eget
seR l times tare aQmse of "o.wsis dwgea w
sesftf Sit the -1-Ind �
peadbstdw1 rl•:
wR4Wli• • llil , .. a
mold atlEsf war; gators '
saats.irare,Obtaiaed for•Bara} de :pi
Rafael�Gomez..27rof-ObfOedn' 4S4 �A►
$$k-� n� arrested andl
J.
6t86e on GFw r
'Bata,.Gomez, Delacmz and
C kbD-wJfl gvw;Stn a U.&Mddd.
CotatinN k%wbere.t
could flues of upto HOP ander teeneon
Ldate
ullLUIS drazgesanafiool®datttfeflan
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Attachment 4
tg H. T4*Swce and the
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