Loading...
HomeMy WebLinkAboutLOS ANGELES POLICE DEPARTMENTINSURANCE NOT REQUIRED Return ORIGINAL WORK DRAY PROCEED Executed Copy to COTC CLERK OF COUN(-saTaa) L)'.Q6(1)f01"Mantle✓ c04Zule7 di -- OZOZ f 0 nlnn MEMORANDUM OF AGREEMENT Between (filO non Los Angeles Police Department ►�LLJJ ll��ii �=' UU INTERNET CRIMES AGAINST CHILDREN TASK FORCE and Santa Ana Police Department I. PARTIES This Memorandum of Agreement (MOA) is entered by and between the Los Angeles Police Department (LAPD) and the Santa Ana Police Department (SAPD) N-2020-099 The LAPD is the recipient of a United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding Internet Crimes Against Children (ICAC), and the LAPD utilizes this grant to administer and operate the Los Angeles ICAC Task Force. The OJJDP has created the ICAC Task Force Program, which is a national network of state and local law enforcement cybercrlme units. The national ICAC program assists state and local law enforcement agencies in developing an effective response to cyber enticement and child pornography cases. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi -jurisdictional, multi -agency, team approach to investigating and prosecuting ICAC cases. The mission of the Los Angeles ICAC Task Force therefore is to: (1) properly investigate and prosecute those who sexually exploit children using the internet and/or computers: (2) provide training and equipment to those involved in investigating and prosecuting ICAC: and (3) provide community education regarding the prevention of ICAC. III. PURPOSE The purpose of this MOA is to delineate the responsibilities and expectations of the SAPD and the LAPD, and to formalize their working, relationship in the Los Angeles ICAC Task Force. By signing this MOA, SAPD agrees to join the ICAC Task Force for the primary purpose of vigorously and properly investigating ICAC. By joining this Task Force, SAPID will benefit from grant resources, joint operations, and extensive training opportunities. By entering this MOA, the Los Angeles ICAC Task Force will benefit from SAPD's investigative support. IV. INVESTIGATIONS Investigations will follow guidelines established by each agency's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards (attached). Violation of the ICAC operational standards is cause for cancellation of this MOA. This MOA is not intended to Infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in Task Force investigations are not in the best interest of the Task Force. A. Santa Ana Police Department Responsibilities SAPD will: 1. Use " authorized personnel" members who themselves lack powers of arrest but have been authorized by their respective agency to participate in investigations and are being supervised by "sworn personnel". Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the O11DP. 2. Conduct reactive investigations where subjects are associated within SAPD jurisdiction, including investigations of child pornography, CYBERTIP referrals from the National Center for Missing and Exploited Children (NCMEC), Internet Service Provider and law enforcement Referrals, and other ICAC-related investigations. Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, etc. 3. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Unit Commander. 4. Provide the Los Angeles ICAC Task Force with access to all ICAC Investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards for a period of no less than 3 years. 5. Locate its ICAC investigators in a secured space provided by SAPD with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of SAPD ICAC Task Force personnel, with restricted access to authorized personnel only. 6. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. V. SUPERVISION The SAPD will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force, ICAC Investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. VI. JURISDICTION The principal sites of task force activity will be within the jurisdictional areas of the respective member law enforcement agencies. Nothing in this agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by a SAPD employee as a member of the SAPD. VII. EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agencies polices. Vill. LIABILITY The SAPD is responsible and liable for the acts and omissions of its own officers, agents or employees in connection with the performance of their official duties under this MOLI. For tort liability purposes, no participating agency shall be considered the agent of other participating agencies. Each participating agency shall be liable (if at all) only forthe torts of its own officers, agents or employees that occur within the scope of their official duties. IX. REPORTING STATISTICS Using a form provided by the Los Angeles ICAC Task Force, SAPD shall submit monthly statistics to the Task Force on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the internet. These statistics shall be submitted in the appropriate format by the 101h day of each month, and shall include data on all related Investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, a breakdown of basic case data shall be Included for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by SAPD. The Task Force will be responsible for all required reporting toOJJDP. X. RECORD RETENTION AND ACCESS Records pertinent to the award that SAPD must retain for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any sub recipient ("sub grantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. XI. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any sub recipient ("sub grantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C,F.R. Part 38 includes rules that prohibit specificforms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and sub recipient ("sub grantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and sub recipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https,//www,ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under a-CFR "current" data. XII. TRAINING The SAPD shall make investigators designated as Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The Task Force will review training requests and provide funding for ICAC-approved training when appropriate. XIII. CIVIL IMMIGRATION ENFORCEMENT The SAPD as a local law enforcement agency is responsible for enforcing state and local criminal laws. The SAPD is neither authorized nor responsible for the enforcement of any civil immigration laws or regulations and ICAC understands the City of Santa Ana is a Sanctuary City and will not enforce civil immigration laws or regulations. (See City of Santa Ana's Sanctuary City Ordinance, NS 2908 attached). The California Values Act (CVA or SB-54), other state laws, and existing Department policies and practices provide procedural protections to ensure that Santa Ana Police Department personnel do not go beyond existing legal authorities or contradict the Santa Ana Police Department's steadfast commitment to community and constitutional policing principles. XIV. EQUIPMENT ICAC will provide participating agency personnel with necessary ICAC assets, including supplies, investigative equipment, communication equipment, and technical equipment for all ICAC-related activities. Such assets, supplies, and equipment shall remain the property of ICAC and will be funded from the Program Operating Budget, XV. CONFIDENTIALITY The parties agree that any confidential Information pertaining to investigations of ICAC will be held in the strictest confidence, and will only be shared with Participating ICAC Task Force members or other law enforcement agencies Where necessary or as otherwise permitted by federal and/or state law. XVI. EFFECTIVE DATE This MOA shall be effective on and continue until such time as federal funding for the Grant ends or the MCA is canceled by either party upon written notice delivered to both agency directors. Entered this day of 2020 Yalerffin, Chief of Police Ana Police Department Michel R. Moore, Chief of Police Los Angeles Police Department ATTEST: DAISY GWTE-ZClerk of the Council ��' APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: AMARA BOGOSIAN Assistant City Attorney RECOMMENDED FOR APPROVAL: VALENTDT Chief of Police CITY OF SANTA ANA KRKTINE RIDGE City Manager imf 9.10-17 ORDINANCE NO, NS-2908 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO THE CITY'S PROCEDURES CONCERNING SENSITIVE INFORMATION AND THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW FOLLOWING THE DECLARATION OF THE CITY OF SANTA ANA AS A SANCTUARY FOR ALL ITS RESIDENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1, The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large Immigrant population. R. The City of Santa Ana welcomes, honors, and respects the contributions of all of its residents, regardless of their immigration status, C. immigrants and their families In Santa Ana contribute to the economic and social fabric of the City by establishing and patronizing businesses, participating in the arts and culture, and achieving significant educational accomplishments. D. Fostering a relationship of trust, respect, and open communication between City officials and residents is essential to the City's mission of delivering efficient public services in partnership with our community, which ensures public safety, a prosperous economic environment, and opportunities for our youth, and a high quality of life for residents. . E. The City of Santa Ana seeks to continue to foster trust between City officials and residents to protect limited local resources, to encourage cooperation between residents and City officials, including law enforcement officers and employees, and to ensure public safety and due process for all. F. In recognition of the City's continued commitment to the equal, respectful, and dignified treatment of all people, the City Council, on December 6, 2016, adopted Resolution No. 2016-086 declaring the City of Santa Ana a sanctuary for all Its residents, regardless of their immigration status, This Resolution called for certain actions by the City relative to the administration and enforcement of federal Immigration law, which is the exclusive authority of the federal government. Ordinance No. NS-2908 Page 1 of 5 jmf 12-13.16 G. The City now wishes to enact specific procedures consistent with Resolution No. 2016-086 and the City's commitment to social justice and inclusion. Section 2. Purpose and Intent. The City of Santa Ana Is one of the most ethnically, racially, and religiously diverse cities in the United States, with immigrants comprising approximately 46 percent of the City's population. The City has long derived its strength and prosperity from its diverse community, including those who identify as immigrants, and prides Itself on their achievements. The cooperation of the City's immigrants is essential to advancing the City's mission, vision, and guiding principles, including community safety, support for youth and education, economic development, and financial stability. Through the City's commitment to social justice and inclusion, one of the City's most important objectives Is to enhance its relationship with all its residents, including immigrants, Due to the City's limited resources, the complexity of federal civil immigration laws, the need to promote trust and cooperation from the public, including Immigrants, and to attain the City's objectives, the City Council finds that there Is a need to clarify the communication and enforcement relationship between the City and the federal government. The purpose of this ordinance is to establish the City's procedures concerning immigration status and enforcement of federal civil immigration laws. Section 3. Requesting or Maintaining information Prohibited. No City agency, department, officer, employee, or agent shall request or maintain information about sensitive information about any person except as provided In this ordinance. Sensitive Information includes any information that may be considered sensitive or personal by nature, including a person's status as a victim of domestic abuse or sexual assault; status as a victim or witness to a crime generally; citizenship or immigration status; status as a recipient of public assistance; sexual orientation; biological sex or gender identity; or disability. Section 4. Disclosing information Prohibited. No City agency, department, officer, employee, or agent shall disclose sensitive information about any person except as provided in this ordinance. Section 5. Exceptions to Prohibitions. The prohibitions in Sections 3 and 4 of this ordinance shall not apply where the individual to whom such information pertains provides his or her consent (or if such individual is a minor, the consent of that person's parent or guardian), where the information or disclosure is necessary to provide a City service, orwhere otherwise required by state or federal law or judicial decision. Section 6. Use of City Resources Prohibited. No City agency, department, officer, employee, or agent shall use City funds, resources, facilities, property, equipment, or personnel to assist in the enforcement of federal immigration law, unless such assistance is required by any valid and enforceable federal or state law or Is contractually obligated. Nothing in this Section shall prevent the City, including any agency, department, officer, employee, or agent of the City, from lawfully discharging his or her duties In compliance with and in response to a lawfully issued judicial warrant orsubpoena. Ordinance No. NS-2908 Page 2 of 6 imf 1-10-17 The prohibition set forth in this Section shall include but not be limited to: (a) Identifying, investigating, arresting, detaining, or continuing to detain a person solely on the belief that the person is not present legally in the United States or that the person has committed a violation of immigration law; (b) Assisting with or participating in any immigration enforcement operation or joint operation or patrol that involves, in whole or In part, the enforcement of federal Immigration laws; (c) Arresting, detaining, or continuing to detain a person based on any immigration detainer or federal administrative warrant, when such Immigration detainer or administrative warrant is based solely on a violation of federal Immigration law, or otherwise honoring any such detainer, warrant, or request to detain, interview, or transfer; (d) Notifying federal authorities about the release or pending release of any person for Immigration purposes; (a) Providing federal authorities with non-public Information about any person for immigration purposes; and (f) Enforcing any federal program requiring the registration of individuals on the basis of religious affiliation or ethnic or national origin. Section 7, Implementation of Policies. Within a reasonable time following adoption of this ordinance, the City shall Implement policies to prevent biased -based policing and directing its law enforcement personnel to exercise discretion to cite and release individuals In lieu of detaining them at a local detention facility or county jail based on the nature of the crime alleged to be committed. The City shall also provide appropriate training and establish a commission, task force, or similar body composed of community members to advise the City Council on these and all policies related to this ordinance. Section 8. Ordinance Not to Conflict with Federal Law, Nothing in this ordinance shall be construed or implemented to conflict with any valid and enforceable duty and obligation imposed by a court order or any federal or applicable law. Section 9. No Private Right of Action. This ordinance does not create or form the basis of liability on the part of the City, its agencies, departments, officers, employees, or agents, It is not intended to create any new rights for breach of which the City Is liable for money or any other damages to any person who claims that such breach proximately caused injury. The exclusive remedy for violation of this ordinance shall be through the Citys disciplinary procedures for employees under applicable City regulations, unless the agency, department, officer, employee, or agent of the City is lawfully discharging his or her duties as set forth in Section 6, Ordinance No. NS-2908 Page 3 of 5 Jmf 12.13.10 Section 10. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be Invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional. fiction 11. Effective Date. This ordinance shall become effective thirty (30) days after Its adoption. Section 12. Certification by Clerk. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this 17" day of January, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: J n M. Funk Assistant City Attorney AYES: Counciimembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councitmembers Ordinance No. NS-2908 Page 4 of 5 Benavides, Martinez, Pulido, Solorio, Tinaiero Villegas 16) None (0) None (0) Sarmlento (1) jmf 1.10-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY i, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No, NS-2908 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 17, 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 1/22pj-� t-I t s?. Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS-2908 Page 5 of 5