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HomeMy WebLinkAbout2008-030 SLO Co Narcotic Task Force MOU Zp,O -030 SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE MEMORANDUM OF UNDERSTANDING Effective July 1 , 2007 SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE Memorandum of Understanding Table of Contents I. Participating Agencies 4 II. Purpose 4 III. Mission 4 IV. Board of Governors 5 A. Participating Agency 5 B. Structure 5 C. Role 5 D. Board Chairperson 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 2 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 3 SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE MEMORANDUM OF UNDERSTANDING I. 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 (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 II. 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. 4 IV. BOARD OF GOVERNORS The San Luis Obispo County Narcotic Task Force will be governed by a "Board of Governors" according to the following definitions and procedures: A. Participating Agency—A "Participating Agency" is an allied local, state, or federal law enforcement agency that has been 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. The participants shall have a general responsibility for the oversight of the San Luis Obispo County Narcotic Task Force operations. D. Board Chairperson —One participant of the Board of Governors shall be elected by the Board 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 permanently drops below five, 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). 5 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 required 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. 6 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 AND 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. 7 With respect to facilities, the following items will be funded 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. 6. 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 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) 8 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 by BNE. 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 employee(s) and shall incur any liabilities arising out of the services and activities of those employees 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 employees 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 term of this agreement. 9 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. XXIL 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 10 City of Atascadero L144 6 - Name Title Signature Date City of Grover Beach C�141 Name Title (:;? W.-P / qA6 Sign re Ll Date City of Paso Robles L ISA S0L-OMO�1 GN/EF OF pot-ICE Name Title 2-1, Z ooh Signature Date City of Pismo Beach tv Name Title / y, Signature Date 11 1 ➢ City of San Luis Obispo 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 a ,- �� ZYL— � /3 Sigoature Date ➢ County of San Luis Obispo Probation Department Name Title y�9 Obi Signa Date 12 ➢ County of San Luis Obispo, Sheriffs Department Name Title 10-- 9- D0 Signature Date Special Agent in Charge, Bureau of Narcotic Enforcement, L.A. Regional Office Name Title Signature Date ➢ Chief, Bureau of Narcotic Enforcement Name Title ignat Date ➢Acting Assistant Chief, Division of Law Enforcement Name Title Signature Date 13 ➢ Assistant Director, DOJ Division of Administrative Support Name Title *�'> /-Signature Date Date 14 SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE MEMORANDUM OF UNDERTANDING Appendix A Contributions of Participating Agencies California DOJ—Bureau of Narcotic Enforcement One Special Agent Supervisor One equipped undercover vehicle Necessary safety equipment $12,000.00 undercover funds Administrative support Miscellaneous investigative equipment Facility support as noted in the MOU California Polytechnic University Police Department, San Luis Obispo $4,000.00 operational funds Computer Technical support California DC&R— Parole and Community Services* One Parole Agent One equipped vehicle Necessary safety equipment Arroyo Grande Police Department One Police Officer/Investigator One equipped undercover vehicle Necessary safety equipment Atascadero Police Department One Police Officer/Investigator One equipped undercover vehicle Necessary safety equipment Grover Beach Police Department $20,000.00 operational funds Paso Robles Police Department One Police Officer/Investigator One equipped undercover vehicle Necessary safety equipment Pismo Beach Police Department $20,000.00 operational funds 1 San Luis Obispo Police Department One Police Officer/Investigator One Police Records Clerk One equipped undercover vehicle Necessary safety equipment Miscellaneous accounting support San Luis Obispo County Department of Social Services - Child Welfare Services One Social Worker One vehicle One remote access computer San Luis Obispo County District Attorney's Office Two Investigators One Administrative Assistant (funded with Asset Forfeiture Funds) Two equipped undercover vehicles Necessary safety equipment San Luis Obispo County Probation Department One Probation Officer One vehicle Necessary safety equipment San Luis Obispo County Sheriffs Department One Sheriff's Deputy/Investigator One equipped undercover vehicle Necessary safety equipment *The California State Parole Agent and the San Luis Obispo County Probation Officer assigned to the San Luis Obispo County Narcotic Task Force (SLOCNTF) will maintain a caseload level consistent with fellow agents at his/her respective unit offices. Their caseloads will consist of mostly "high risk" offenders who have been arrested, or are suspected of committing County, State and/or Federal crimes, which would include, but not limited to, drug related offenses, murder, rape, robbery, felonious assault, and felonious weapons possession. The Parole Agent will act as the primary State Parole liaison and the Probation Officer will act as the primary San Luis Obispo County Probation liaison with the participating agencies of the Task Force. The Parole Agent and Probation Officer will have the responsibility of being the direct conduit with a parolee/probationer's "handling" agent/officer if a parolee/probationer becomes a subject of interest to the Task Force. Task Force members will assist the Parole Agent/Probation Officer with his/her narcotic- related caseload, surveillance operations, arrests, searches and other activities which require additional assistance and/or supervision. 2 At no time will the assigned Parole Agent/Probation Officer be requested to work in an "undercover operation" capacity conducting buys. As with all participating agencies, both the Parole Agent and Probation Officer will follow their respective agency's policies, procedures and regulations whenever there are conflicts with the SLOCNTF Policy & Procedures Manual. 3 SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE MEMORANDUM OF UNDERSTANDING Appendix B Supporting Agencies 1. Mono Bay Police Department 2. U.S. Secret Service 3. Cuesta College Police Department 4. California Highway Patrol 1