Loading...
HomeMy WebLinkAboutUNITED STATES POSTAL INSPECTION SERVICEINSURANCE NOT REQUIRED WORK MAY PROCEED N-2022-151 CLERK OF THE COUNCIL DATE) UN O 2 2022 MEMORANDUM OF UNDERSTANDING 6 t�GU Ter This document sets forth the general understanding between the United States Postal Inspection Service (USPIS) and SANTA ANA POLICE DEPARTMENT with respect to a joint cooperative law enforcement effort, hereinafter referred to as the Contraband Interdiction and Investigations (02) South Task Force. This document is not intended as a formal contract, but rather as an expression of understanding to facilitate cooperation. This document is an internal government agreement and is not intended to confer any rights or benefits to any private person or party. The goals of the Cl2 SOUTH TASK FORCE will be to protect the public by investigating and prosecuting criminal offenses related to the trafficking of controlled substances/other dangerous drugs and violations of money laundering statutes. Purpose The purpose of this Agreement is to develop a cooperative effort with Federal, State and local law enforcement agencies charged with the investigation and prosecution of criminal offenses involving the trafficking of controlled substances and money laundering violations, as well as to establish the terms and conditions under which Santa Ana Police Department may coordinate investigative efforts with and/or provide assistance to the USPIS in developing investigations and cases for criminal prosecution. II. Mission To investigate, arrest and prosecute individuals participating in illegal drug activity associated to the U.S. Mail in the jurisdictional areas in order to protect the general public from illegal drug activity and create a safer and more secure environment for businesses and the general public in GREATER LOS ANGELES AREA. III. Objective A. To facilitate and maintain communications with Santa Ana Police Department to maximize the effective use of the Task Force intelligence and resources. B. To share intelligence and other resources. C. To conduct coordinated responses to mailings containing controlled substances and/or proceeds from the sales of controlled substances. D. To identify illegal drug traffickers utilizing the mail and to cause their successful prosecution. E. To substantially reduce the illegal drug mailings committed in GREATER LOS ANGELES AREA. IV. Authorities USPIS participation in this MOU is authorized under 18 U.S.C. § 3061, 39 U.S.C. § 401, 404 and 411. V. Participants The following Federal and local law enforcement agencies are participants in this initiative: A. United States Postal Inspection Service B. SANTA ANA POLICE DEPARTMENT Any State or local employees assigned to the Cl2 SOUTH TASK FORCE in accordance with this Agreement are not considered Federal employees, are not employed by the United States Postal Service (USPS) or the USPIS. They do not take on the status or benefits of Federal employment, USPS employment, or USPIS employment by virtue of this assignment. VI. Personnel Commitment The Santa Ana Police Department intends to provide experienced law enforcement personnel on a full-time basis to the Cl2 SOUTH TASK FORCE for participation on designated investigations. The Santa Ana Police Department will certify the personnel assigned to the Cl2 SOUTH TASK FORCE are not the subject of any current or pending disciplinary actions, or completed disciplinary actions which would in any way compromise the mission of the initiative. Additions or deletions of personnel will be at the discretion of the authorizing supervisors of the respective participants. The Santa Ana Police Department agrees to furnish the following complement of personnel dedicated to the Task Force: A. USPIS — up to 7 Postal Inspectors B. SANTA ANA POLICE DEPARTMENT —One Task Force Officer and his/her K9 partner, herein referred to as Task Force Officer. The Santa Ana Police Department agrees to furnish vehicles for their assigned investigators and provide them immediate access to such vehicles to travel from their residences in order to be able to respond to joint initiative -related emergency call -outs, to begin and end tours of duty in order to maximize investigative time, and to otherwise conduct investigations of common interest. The full-time law enforcement personnel assigned to the Cl2 SOUTH TASK FORCE will be fully available to their respective agency for any and all needs should they be called upon by their parent unit supervisor for assistance. Addendum A outlines vehicle reimbursement. The following departments assigned to Cl2 SOUTH TASK FORCE may request overtime as outlined in this MOU: A. Santa Ana Police Department (One Task Force Officer) Members of the Task Force will be responsible for the investigation of the use of the mail to engage in the trafficking of controlled substances, firearms and money laundering violations. Continued assignment of specific personnel to the Task Force will be based on performance and will be at the discretion of their respective agency heads. VII. Principles The following principles will help guide relationships among all law enforcement participants in this initiative regarding policy, planning, training, supervision and public relations. All agencies participating in the initiative agree these principles will serve as a basis to mediate any disputes that arise during its operation. VIIL Recognition of Authority The SANTA ANA POLICE DEPARTMENT recognizes the U.S. Postal Inspection Service is the principle Federal Law Enforcement Agency responsible for the investigation and enforcement of Federal laws regarding the U.S. Mail, use of the mails, and property in the custody of the U.S. Postal Service, as well as other Postal offenses. The SANTA ANA POLICE DEPARTMENT understands U.S. Mail under the custody or control of USPS is sealed against inspection and cannot be opened except under the authority of a Federal Search Warrant issued pursuant to Rule 41 of the Federal Rules of Criminal Procedure, or by consent from the sender and/or addressee of the mail piece. The SANTA ANA POLICE DEPARTMENT may not, in any manner, detain or otherwise interfere with U.S. Mail, or record information from mail matter unless specifically authorized to do so by a U.S. Postal Inspector. IX. Administration Because this Memorandum of Understanding outlines a cooperative endeavor on the pail of all the participants, the policy, program involvement, and direction of this initiative should be joint responsibilities of the enforcement supervisors of the participants. Therefore, the cases will be jointly investigated and no particular participating agency will prevail over another or will act unilaterally. The participants (or designated representatives) will meet regularly as agreed upon to discuss investigations related to the above mentioned offenses. X. Jurisdiction The determination as to whether a case will be prosecuted federally or by the appropriate county or state authority will be based upon which level of prosecution will best serve the interest of justice consistent with the overall mission objectives of the initiative. XI. Supervision In order to affect efficient field operations, operational supervision of the personnel assigned to the Cl2 SOUTH TASK FORCE, while working on initiatives or investigations directly related to the Cl2 SOUTH TASK FORCE, will be the responsibility of a designated field supervisory officer. For the Cl2 SOUTH TASK FORCE the field supervisory officer is the U.S. Postal Inspector/Team Leader (TFS) in charge of the Cl2 SOUTH TASK FORCE. On matters not related to the Cl2 SOUTH TASK FORCE, assigned personnel will continue to be subject to the established lines of supervision of their respective agencies. In the event of a conflict with respect to supervisory authority, no action will be taken by the involved personnel until the conflict is resolved at the agency head level. Each member of the The Cl2 SOUTH TASK FORCE is subject to the personnel rules, regulations, laws and policies applicable to their respective agency. Each Cl2 SOUTH TASK FORCE member will continue to report to his or her respective agency supervisor for non -investigative matters not detailed in this MOU. Dismissal from the Task Force will occur solely upon consultation and subsequent approval by agency management of the respective agency heads. XIL Operation The TFS, in consultation with a case specific Assistant United States Attorney (AUSA), or the state and/or local prosecutor, will be primarily responsible for directing and monitoring investigations related to the Cl2 SOUTH TASK FORCE. In cases which have been designated for federal prosecution, all investigative procedures shall conform to the current USPIS and Department of Justice regulations and guidelines on criminal investigations and undercover operations. XIII. INFORMATION SHARING A. No information possessed by the USPIS, to include information derived from informal communications between Cl2 SOUTH TASK FORCE personnel and USPIS employees not assigned to the Cl2 SOUTH TASK FORCE, may be disseminated by Cl2 SOUTH TASK FORCE personnel to non-Cl2 SOUTH TASK FORCE personnel without prior USPIS authorization and in accordance with the applicable laws and internal regulations, procedures or agreements between the Cl2 SOUTH TASK FORCE and the Santa Ana Police Department that would permit the Santa Ana Police Department to receive that information directly. Likewise, C12 SOUTH TASK FORCE personnel will not provide the Santa Ana Police Department information to the USPIS that is not otherwise available to it unless authorized by appropriate Santa Ana Police Department officials. This prohibition shall not be interpreted to limit or prevent discussion between the Cl2 SOUTH TASK FORCE member and the SANTA ANA POLICE DEPARTMENT supervisors. B. Each Party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. C. The USPIS is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the USPIS so that corrective action can be taken. Similarly, if the USPIS becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. D. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. E. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). XIV. Administrative Support Routine administrative support will be provided by the USPIS. TFOs will be provided access badges and necessary keys. USPIS will provide a cellphone and computer for the TFOs. USPIS will provide access to office space and equipment as required. XV. Access to USPS/USPIS Facilities At the direction of a Postal Inspector, TFOs may retrieve parcels from areas where mail is accepted or processed when the parcels are related to ongoing investigations. TFOs must be accompanied by a Postal Inspector while conducting interdictions at USPS facilities. XVI. Financial Responsibility The Santa Ana Police Department will be responsible for the pay and benefits of their employees participating on the Task Force. XVII. Overtime Payments The SANTA ANA POLICE DEPARTMENT shall request reimbursement of overtime salary expenses in connection with work performed on behalf of, and in furtherance of investigations performed by their investigators assigned to this initiative. SANTA ANA POLICE DEPARTMENT officers are required to provide the Task Force Supervisor documentation of approved investigative activity for certification, including the applicable case numbers. At the sole discretion of the USPIS and as funding allocations permit, the USPIS will reimburse the Santa Ana Police Department for overtime salary expenses directly related to work on the Cl2 SOUTH TASK FORCE performed by its officer(s) assigned to C12 SOUTH TASK FORCE. Santa Ana Police Department officers shall be required to provide the TL with their overtime hours, along with referencing case numbers and documentation of investigative activity for certification by the TL prior to submitting their overtime for invoice preparation. It is requested that the Santa Ana Police Department provide a separate breakdown, by officer, of the date(s) and the number of hours they worked overtime along with the referencing case numbers, in addition to the overtime invoice. Overtime invoices should be submitted at least monthly to the USPIS Santa Ana Domicile (Los Angeles Division), to the attention of the TFS. The maximum reimbursement allowable for overtime worked on behalf of the joint operation is $19,180.25 per year, per Task Force officer. N.B. Per DOJ memo which is in effect through FY22, the maximum amount of reimbursement to local LEAS for OT payments is limited to $19,180.25, which represents 25% of a GS 12/1. Procedures for submitting requests for reimbursement are outlined in Attachment A. XVIII. Program Audit A. This Agreement and its provisions are subject to audit by the USPIS, USPS OIG, and other designated government auditors. The Santa Ana Police Department agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not less than three years, and in the event of an ongoing audit, until the audit is completed. B. These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts of expenditures related to this agreement, as well as interviews of any and all personnel involved in these transactions. XIX. Forfeitures Forfeiture actions will be processed by the USPIS. All seizures will be equitably shared consistent with DOI and USPIS equitable sharing guidelines. The parties agree that at the discretion of the U.S. Postal Inspector's appointed designee, assets seized during Cl2 SOUTH TASK FORCE investigations will be forfeited under State of California or Federal law, depending on the circumstances of the case and applicable laws. It is understood however that final decisions with respect to Equitable Sharing for assets forfeited administratively, are made at Inspection Service National Headquarters. Final decisions with respect to assets forfeited through Federal civil or criminal actions are made by the U.S. Department of Justice. N.B. for forfeitures in CA, include "....must be in compliance with State of California laws governing the receipt of Federal Equitable Sharing funds by State and local law enforcement agencies." XX. Evidence Evidence collected pursuant to Cl2 SOUTH TASK FORCE investigations will normally be held by the agency responsible for presenting the case for prosecution unless other arrangements are made. Evidence collected in Cl2 SOUTH TASK FORCE investigations which require forensic analysis will be submitted to USPIS Forensic Laboratory Services unless the situation dictates otherwise. XXI Media Relations and Press Releases Media relations and press releases will be coordinated between the participating Cl2 SOUTH TASK FORCE agencies and controlled by the designated Cl2 SOUTH TASK FORCE supervisory officer and the office of prosecution. Cl2 SOUTH TASK FORCE participants agree that information will only be disseminated to the media in accordance with the terms of this MOU. XXII. Disclosure of Grand Jury Proceedings All personnel assigned to the Cl2 SOUTH TASK FORCE shall strictly adhere to the requirements of Rule 6(e) of the Federal Rules of Civil Procedure regarding grand jury secrecy. XXIII. Compliance with Civil Rights Act of 1964 All personnel assigned to this initiative will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by and pursuant to the regulations of the Department of Justice (28 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. XXIV. Liability Santa Ana Police Department shall hold USPIS, its agents, employees, and representatives harmless from and against any and all claims, actions, or causes of actions and liabilities which may be asserted by third parties arising out of or resulting from any act taken or committed or any omission by Agency personnel pursuant to this agreement. This agreement and limitation on liability shall not discharge any claim for reimbursement made by USPIS to Santa Ana Police Department for damages or expenses under the terms of this agreement. Any third party claims, cause of action and liabilities asserted will be handled in accordance with the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680. XXV. Duration This Cl2 SOUTH TASK FORCE will be initiated on or about April 21, 2022. This memorandum is in effect upon signing by authorized representatives of Santa Ana Police Department and USPIS and shall continue in full force and effect until terminated or canceled by the parties. This memorandum may be terminated or canceled by either party at any time on written notice provided thirty (30) days in advance of the effective date of termination. Any modification or amendment to this agreement shall become effective when reduced to writing and signed by the authorized officials of the respective agencies. XXVI. Authorization This Memorandum of Understanding is hereby accepted as setting forth the general intentions and understanding of the undersigned. Date: Carroll N. Harris Inspector in Charge, Los Angeles Division United States Postal Inspection Service Date: NAME TITLE AGENCY ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LE CITY OF SANTA ANA STINE RIDGE City Manager RECOMMENDED FOR APPROVAL: Senior Assistant City Attorney —Fief of Police ATTACHMENT A Cost Reimbursement Agreement It is hereby agreed between the United States Postal Inspection Service ("USPIS") and the SANTA ANA POLICE DEPARTMENT/ADDRESS, Federal Taxpayer Identification Number XX-XXXXXXX that: Subject to the availability of funds, the Inspection Service will reimburse the SANTA ANA POLICE DEPARTMENT for overtime payments for the law enforcement officer(s) assigned to a joint initiative with the Postal Inspection Service — Los Angeles Division as set forth below for expenses necessary for detection, investigation, and prosecution of crimes against the United States. Overtime reimbursements for the SANTA ANA POLICE DEPARTMENT Officers assigned to the initiative will be authorized and issued on an as needed basis, and will be calculated at the usual rate for which the individual Officer's time would be compensated. The overtime reimbursement allocation for SANTA ANA POLICE DEPARTMENT officers assigned to the initiative will not exceed $19,180.25 for each officer per Fiscal Year (October through September). Overtime and vehicle reimbursement will be made directly to the SANTA ANA POLICE DEPARTMENT by the Inspection Service. All overtime and vehicle reimbursement payments are made by electronic fund transfer ("EFT"). An ACH vendor/miscellaneous payment enrollment form must be on file with the Inspection Service's Los Angeles Division Headquarters to facilitate payments. The SANTA ANA POLICE DEPARTMENT agrees to the vehicle reimbursement as set forth in the Vehicle Use Addendum. The SANTA ANA POLICE DEPARTMENT agrees to provide monthly overtime invoices to include a breakdown per individual Officer of the date(s) and the number of overtime hours worked along with the associated case numbers. Overtime invoices requesting reimbursement for any given month should be submitted to the USPIS at the address below by the 10" calendar day of the following month for which reimbursement is requested: U.S. Postal Inspection Service ATTN Diana Johnson, MISA 281 E Colorado Blvd Pasadena, CA 91101 At the commencement of each USPIS fiscal year, prior to the submission of any overtime reimbursement requests, the SANTA ANA POLICE DEPARTMENT will provide the salary and hourly overtime rate for each Officer assigned to the joint initiative. At the commencement of each USPIS fiscal year, the SANTA ANA POLICE DEPARTMENT will re -execute the Vehicle Use Agreement. Requests for reimbursement will include the name, rank, identification number, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each Officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the SANTA ANA POLICE DEPARTMENT that the request has been personally reviewed, the information is accurate, and the personnel for whom reimbursement is claimed were assigned to the joint initiative. Each request for reimbursement will include: an invoice number, invoice date, TIN, and correct banking information, to complete the electronic funds transfer. The necessary banking information is the depositor's account title, bank account number, routing number, and type of account (checking, savings, or lockbox). If the banking information changes, the SANTA ANA POLICE DEPARTMENT must submit a new ACH vendor/miscellaneous payment enrollment form to the USPIS. Date: Carroll N. Harris Inspector in Charge, Los Angeles Division United States Postal Inspection Service David Valentin Chief of Police Santa Ana Police Department ADDENDUM A Vehicle Use Aareement It is hereby agreed between the United States Postal Inspection Service (USPIS) and the Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana, CA 92701, that: The Santa Ana Police Department will provide a vehicle for each full-time participating Task Force Officer. The USPIS will provide $2,500.00 per year for the routine maintenance of each vehicle. Respective agency vehicles, in other than emergency situations, will be driven by personnel of the agency owning the vehicle. The USPIS hereby agrees to provide to the Santa Ana Police Department a monthly stipend of $850.00 for the sole use of providing an acceptable vehicle for the Task Force member to use in the furtherance of their obligations to the Task Force. The stipend incorporates all associated costs for the vehicle to include routine maintenance and minor repairs of the vehicle. This is an internal government agreement between USPIS and Santa Ana Police Department and is not intended to confer any right or benefit to any private person or party. Date: Carroll N. Harris Inspector in Charge, Los Angeles Division United States Postal Inspection Service i ua e: David Valentin Chief of Police Santa Ana Police Department Gonzalez, Jose From: Quintana, David Sent: Thursday, May 19, 2022 1:55 PM To: Gonzalez, Jose; Park, Daniel Cc: Bogosian, Tamara Subject: TFO MOU - USPIS Santa Ana PD (CAC) signed)(198870.4).pdf Attachments: TFO MOU - USPIS Santa Ana PD (CAC) signed)(198870.4).pdf Dear Commander Gonzalez, Attached please kindly find attached the USPIS MOU —approved to form. Please work with your team on gathering signatures for final execution. Thank you for your cooperation on this review. Sincerely, David Quintana Sr. Paralegal City of Santa Ana/City Attorney's Office 20 Civic Centex Plaza, M-29 Santa Ana, CA 92701 Phone - (714) 647-6990 Fax- (714) 647-6515 �vww Santa-ana ory