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HomeMy WebLinkAboutORANGE COUNTY SHERIFF- CORONERS DEPARTMENT (OCSD)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: OCT 2 9 2024 0: PD(1) N,W"?Aorc Kai I. NAME ORANGE COUNTY REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP) TASK FORCE AGREEMENT N-2024-355 The name of this multi-agency/multi jurisdictional task force shall be the Orange County Regional Narcotics Suppression Program (RNSP) (hereinafter "Program" or "RNSP"). II. EXECUTIVE BOARD An Executive Board shall be formed as outlined in Exhibit A, attached hereto and incorporated herein by reference. The Executive Board shall have the duties and authorities provided in this Agreement. III. PARTICIPATING AGENCIES Agencies approved by a majority vote of the current Executive Board, will be considered a Participating Agency of the RNSP upon signature date of the most current Task Force Agreement. A Participating Agency will assign personnel to the RNSP in accordance with this Agreement and will be eligible for an equitable share of federally forfeited assets as further outlined in the Addendum attached hereto and incorporated herein by reference. IV. PURPOSE To target, investigate and prosecute individuals who organize, direct, finance or otherwise engage in high-level drug trafficking or money laundering enterprises with high priority emphasis on those subjects engaged in the importation of drugs into or through Orange County and the interdiction of such illicit pipelines. The Program encourages the promotion of coordinated drug enforcement efforts throughout the County, State and Nation, to facilitate maximum cooperation between all law enforcement and prosecutorial agencies. V. FIDUCIARY The Orange County Sheriff- Coroner's Department (OCSD) has agreed to act as fiduciary on behalf of the Regional Narcotics Suppression Program (RNSP). As required by the U.S. Departments of Justice and Treasury's joint Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide March 1, 2024), the OCSD has in effect Policy & Procedure for Asset Forfeiture Equitable Sharing, to include various financial units, the Sheriff's Narcotics Program (SNP) and the RNSP. This policy fulfills the fiduciary agreement guideline requirements, while administering funds received as a result of the federal equitable sharing process. The fiduciary agrees to earmark funds for task force operational expenses, as documented in the attached Federal Asset Forfeiture Equitable Sharing Addendum. VI. AMENDMENTS TO AND DURATION OF THE AGREEMENT This Task Force Agreement is in effect beginning upon execution by each party and is for the duration of the RNSP's operations unless otherwise directed by the Executive Board, and contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. Any participating agency may withdraw from the RNSP at any time by written notification to the Executive Board at least 30 days prior to withdrawal. The Executive Board may amend any article of the Agreement by a majority vote of the Executive Board. Amendments to the Agreement shall have no force and effect unless such modifications are produced in writing and signed by an authorized representative of each participating agency, with the exception of Exhibit A and the Federal Asset Forfeiture Equitable Sharing Addendum attached to this task force agreement, which may be modified and facilitated by the RNSP Finance Manager, without the signing of a new task force agreement. VII. OPERATIONAL GUIDELINES 1. .Site Location: The site of this task force shall beat an undisclosed location within the city of Santa Ana, California. 2. Structural Command: A. The Program Manager will be a sworn designee from OCSD with sufficient rank level to provide wide-ranging operational authority. The Program Manager will report directly to the Executive Board on all matters of RNSP concern. B. The Operations Manager will be a sworn designee from one of the participating agencies with sufficient rank level to be responsible for the management responsibilities of the task force. The Operations Manager will be directly accountable to the Program Manager. C. The Finance Manager will be a non -sworn designee from the Orange County Sheriffs Department with a classification of Business Services Administrator or above, and is responsible for all financial aspects of the Program. The Finance Manager will be accountable to the task force Operations Manager. D. Professional and Technical support for the RNSP will be employees of the OCSD, but may be augmented by a participating agency or as a result of grant funding. 3. Enforcement Staffeng: The Regional Narcotics Suppression Program is a multi- agency/multi- jurisdictional task force designed to bring the appropriate authorities and highest level of expertise together to focus jointly on drug trafficking and money laundering organizations. 4. Operational Standards: All matters governing operating procedures, standards and guidelines will be designated to balance the rights of citizens and the needs of law enforcement to detect, arrest and prosecute individuals and groups engaged in sophisticated drug -related activity and money laundering. Reporting systems and investigative and administrative procedures will be consistent 2 with those currently utilized by the OCSD and/or consistent with the RNSP Policies & Procedures manual. All drug evidence acquired as a result of RNSP investigations will be submitted to the OCSD Forensics Laboratory for analysis and storage. OCSD forensic personnel shall be available to furnish expert testimony as may be required in either Federal or State Court. Effective control of major narcotics offenses depends, to a large degree, on the close working relationship among agencies at all levels of law enforcement. Therefore, all RNSP personnel will assist, to their fullest individual ability, the development of inter- agency cooperation. 5. Case Initiation: The initiation of all RNSP cases will ultimately be accountable to the Executive Board. Areas of discretion in assigning case priorities will be determined by, but not limited to, the sophistication of the enterprise, the impact on the community, current case load, available staffing and/or equipment and workable investigative leads. 6. Outside Agencies: Requests for Assistance/Notification: It shall be the policy of RNSP to respond to requests for case development assistance from any law enforcement agency. The Program Manager will be informed of all requests for assistance. RNSP recognizes that the jurisdictional makeup of Southern California lends itself to investigative overlap during the course of narcotics case development. RNSP will, therefore, strictly adhere to standard notification procedures, such as the Los Angeles Clearing House and the Western States Information Network - as outlined in the RNSP Policies and Procedures manual, in order to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction. 7. Prosecutorial Support: It shall be incumbent on the Program members to coordinate a firm and positive relationship between the United States Attorney and the state and local Attorney designees. 8. Eauigment Pool: The resource inventory required for this program includes, but is not limited to: vehicles, office equipment, radio equipment, and specialized items such as non-standard issued tactical entry vests, unique vehicles, surveillance equipment, and mobile phones. This inventory will be supplied to personnel at the expense of the RNSP. 9. Reporting Format: The Orange County Sheriff's Department standard report forms and Division of Records numbers shall be utilized for incident reporting. In addition, an RNSP internal numbering system will be utilized for case development and to track program activity. 10. Evidence Collection: Storage and Testing: The facilities of the Orange County Sheriffs Department shall be utilized by RNSP to maintain a proper evidence chain on all items collected in pursuit of case preparation. 11. Undercover Documents: RNSP will facilitate the process for assigned officers to acquire a covert identity. The Program Manager will maintain records and copies of all correspondence relating to identities issued to officers. These documents shall only be used while the officers are on duty and working in an official capacity and when the use of the covert identity is required in the furtherance of the case. VIII. PERSONNEL The assignment of all personnel to RNSP must be approved by their respective employing agency department head; all personnel must be employed by a Participating Agency. The Executive Board may reject any nominee based upon the officer's training, past performance, or other factors bearing on suitability. In order to provide for continuity of effort and consistent application of these guidelines, the following minimum length of assignment with RNSP have been established by the Board for sworn personnel: • Team Leader/Supervisor/Sergeant - (3) years. • Officer/Agent/Deputy/Investigator - (2) years. In conjunction with this minimum length of assignment to the Program, the maximum length of time an individual may serve in RNSP is (4) years. This maximum length of assignment applies to all ranks of Captain and below, with exceptions granted for nonsworn personnel, special assignments by, and at the specific direction of the Executive Board. State and local officers assigned to RNSP will work full-time for RNSP unless otherwise approved by the Executive Board. 1. Standard Operating Procedures/Policy: All task force members shall abide by the RNSP Policy & Procedure Manual, which will be subject to review and approval of the Executive Board. The manual shall specify policies and procedures for task force operations and shall include items such as case management, confidential informant protocols, search policy, high value evidence procedures, operational requirements, evidence control/procedures, fiscal procedures, etc. Officers will be under the direct daily supervision of the Operations Manager and follow all policies, procedures and guidelines specifically enacted by the RNSP Executive Board. Should any of the aforementioned policies or procedures conflict with their own department Rules and Regulations, the individual member will immediately bring said conflict to the attention of his/her RNSP supervisor. The supervisor will, in turn, bring the matter to the attention of the RNSP Operations Manager, who will take the necessary action to allay the conflict. 2. Salaries and Benefts:. The participating agencies will be responsible for the salaries and related benefits of the personnel assigned to RNSP from that participating agency. Assignment of personnel from a participating agency to the RNSP in no way renders the personnel an employee of the OCSD. 3. Liability: Each participating agency in RNSP shall have full financial responsibility for their respective personnel assigned to the Program, including but not limited to any liability for the negligent or intentional acts or omissions of their personnel, vehicle accidents, and industrial injury claims. Additionally, the participating agency shall be 4 responsible for any and all workers' compensation claims of their respective personnel in the event of injury during the course and scope of duties while assigned to RNSP. The County of Orange, its officers, agents, and employees shall not be deemed to have assumed any liability for the negligent or intentional acts or omissions of participating agencies, officers, or employees. 4. Comnlaint&Investirations: Evaluation and investigations of citizen's complaints against task force members and internal investigations about task force members shall be handled by the employing agency. Disciplinary actions will be approved solely by the employing agency. The employing agencies will provide the name, rank, and telephone number of a "liaison supervisor" who will assist the Program Manager with inquiries of mutual concern. The employing agency shall be exclusively responsible for reporting duties to POST required by SB 2 (Stats. 2021). In the event the RNSP receives a complaint against a task force member that is a peace officer, the complaint will be forwarded to the employing agency of the task force member. RNSP personnel will cooperate in any investigation of a citizen complaint in accordance with the law. Continued failure to abide by task force policies and procedures may result in removal from the task force at the recommendation of the Program Manager with concurrence of the Executive Board. IX. TRAINING New personnel assigned to the RNSP will undergo a mandatory training period. Each field team will designate a team member to coordinate the training process to ensure all aspects of the Program are being met. Should personnel assigned from a participating agency not meet the expectations of the RNSP during this training period, RNSP will have the option to extend the training period. Should the assigned personnel continue to not meet the expectations of the RNSP, RNSP management will meet and discuss the training deficiencies with the participating agency at which time RNSP management may request the assigned personnel be replaced by an alternate member of the Participating Agency. 1. Officer Rotational Program - Notwithstanding the minimum length of assignment referenced above in section VII. Personnel, participating agencies may present, for Executive Board approval, an officer rotational program for a minimum of 6 months. During the rotational assignment, the RNSP may allocate funds for training and necessary task force operational equipment and supplies, etc. 2. The participating agency will receive a personnel percentage increase during each rotational officer's assignment. X. FIREARMS Every peace officer assigned to RNSP will carry a firearm in accordance with his/her department's policies and procedures. Qualification: Any firearm carried by a peace officer assigned to RNSP must be approved by his/her department and minimum departmental standards for qualification met. XI. SHOOTING INCIDENTS Members of RNSP will follow their own agency's policy concerning firearms discharge and use of deadly force. Any member of RNSP who discharges his/her weapon will immediately notify: The agency in whose jurisdiction the discharge took place. The RNSP Program Manager, who, in turn, will immediately notify each member of the Executive Board starting with the chief executive officer of the agency where the involved officer is employed. The watch commander of the department where the officer is employed will be notified by the field supervisor. In those cases where death or serious injury is related to a shooting or the operation of a motor vehicle, the jurisdictional agency will handle the full investigation according to its departmental policy and procedure. XII. OTHER DEFENSIVE EQUIPMENT Handcuffs: Each officer will have a set of handcuffs available to them when engaged in any type of enforcement activity (excluding undercover work). Extra -ordinary Entry Devices: The Board may authorize the purchase and use of extra- ordinary equipment to assist with rapid entry into suspect buildings as may be necessary to enhance officer safety. Protective Garments: All officers with RNSP will have available a body armor vest, provided to them by their respective agency. Nonstandard issued Tactical Entry Vests will be provided at the expense of RNSP. Officers shall wear their vests in arrest and search situations. XIII. PRESS RELEASE RNSP will cooperate with the media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the constitutional rights of the accused, avoid interfering with an RNSP investigation, or because it is legally privileged. RNSP will function as a unit. All members will refer to themselves as members of RNSP but shall also identify their home agency if asked about their employment. The Executive Board will designate the "Press Information Officer." Members of RNSP will not release information to the press unless directed to do so by the Program Manager or the Executive Board. The Program Manager will be available to assist in the dissemination or coordination of such information. The information to be released will be determined by the facts of each situation and at the direction of the Executive Board. Generally, a description of the circumstances, which does not prejudice the rights of the suspect(s) or interfere with an ongoing investigation, will be made public. XIV. RNSP VEHICLES Each RNSP sworn officer and technical investigative staff may be provided with a rental vehicle while assigned to this Program. Assigned units will not be used by other details or Departments. Each officer will be responsible to assure compliance with contractual stipulations in the area of maintaining the vehicle in proper working order, according to the owner's manual/new car warranty guide and is responsible for reporting monthly mileage to RNSP support personnel. Vehicles are provided as a necessary investigative tool. As such, they may be driven from the officer's place of residence to his/her duty assignment and as needed during his/her working day. Members shall only use their RNSP assigned vehicle for official RNSP business and further, shall avoid creating the impression that these cars are being used for any type of personal business. Vehicles are not to be driven when an officer is considered off -duty, on weekends, holidays, or when taking vacation, sick, comp time, or any other scheduled or non- scheduled time off. If an officer is scheduled for a vacation, leave of absence, or if work restrictions prevent an officer from being able to utilize the assigned vehicle for its intended purpose for a period of more than two weeks (14 days), the vehicle is to be returned to the rental company to reduce vehicle costs for this time period. Vehicle accidents will be handled by the agency having jurisdiction at the location where the accident occurs. Involved RNSP personnel will report any accident pursuant to their department's policy/procedure. Nothing precludes further investigation or concurrent investigation by the participating agency. Each participating agency agrees to assume liability for its employees as it relates to vehicles. Participating agencies agree to be responsible for any damage incurred to RNSP vehicles caused by any act or omission on the part of the respective employee(s), third parties, and any act of God, war, civil disorder, employment strike or other cause even if beyond its reasonable control. Participating agencies agree to assume financial responsibility for property damage to or caused by said vehicle. XV. TASK FORCE ADMINISTRATIVE EXPENSES Task Force support -related costs include, but are not limited to building maintenance, general office and operational supplies, vehicle leases, fuel, communications, equipment, travel and training related costs, funds for the purchase of evidence and information, and other permissible expenses necessary to further the mission of the task force. 7 XVI. EQUITABLE SHARING OF ASSETS SEIZED Any proceeds or other property derived from any asset forfeiture under federal or state law initiated in connection with or as a result of RNSP operations, shall be distributed in accordance with applicable federal or state laws and/or guidelines. Any asset forfeited pursuant to federal law may be shared equitably in accordance with the most current practices or publications promulgated by the U.S. Department of Justice and the U.S. Department of Treasury's joint Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies published March 1, 2024, (the Guide), which are outlined below. The attached Addendum is based upon the Guide and reflects the required equitable sharing of seized assets. 1. Under the terms of this Agreement, each signatory will independently submit all forms and/or electronic filings, in accordance with the respective federal agency's guidelines, for every seizure made by the RNSP and forfeited through federal means beginning January 1, 2017, with the exception of: a. Beginning January 1, 2020, only the fiduciary will request equitable sharing, on behalf of the RNSP, in the following circumstances: L Forfeitures less than $40,000. 11. Forfeitures processed through the Department of Treasury. b. The mandated 15% for Drug Education, from State Forfeitures will be deposited directly to the OCSD. The forfeiting agency (OCSD) will first deduct its out-of-pocket expenses from the total proceeds. 3. The forfeiting agency will also deduct from the total proceeds, a portion of forfeited funds for any agency or agencies that are not a signatory to this agreement, including federal agencies, who contributed to the investigation that led to the seizure. 4. The distribution of remaining proceeds will be facilitated by the respective forfeiting agency in conjunction with the attached Federal Asset Forfeiture Equitable Sharing Addendum, and in consideration of additional supporting documentation. FEDERAL ASSET FORFEITURE EQUITABLE SHARING ADDENDUM AGENCY No. of Considered % Consideration NCIC personnel in % for Equitable OCSD - Administration/Task Force Expense 5 0 20.00% RNSP OCSD - Sworn Personnel 22 22.75 56 43% RNSP OCSD Subtotal CA0300000 27 22.75 76.43% Local/State Agencies SAPD CA0301900 1 1 2.48% NBPD CA0301400 1 1 2.48% BPPD CA0300300 1 1 2.48% OPD CA0301500 1 1 2.48% TPD CA0302200 1 1 2.490i HBPD CA0301000 2 2.25 5.58% CSUFPD CA0302700 1 1.25 3.10% CHP CA0349965 1 1 2.48% Local/State Agencies Sub -total 9 32.25 23.57% Federal Agencies DEA 1 0.00% FBI 1 0.00% CBP 1 0.00% Federal Agencies Sub -total 3 0.00% RNSP Total Personnel 39 100.00% *Based on Net Proceeds 5/24/2024 EXHIBIT A EXECUTIVE BOARD An Executive Board will direct the affairs of this Program. The voting members of this Board will be comprised of agency representatives who have personnel assigned to the program. Notwithstanding that there are circumstances that may arise, which may result in the temporary withdrawal of an agency's personnel from the Program, the agency's representative will remain on the Board as a voting member during any temporary absence of assigned personnel. The time frame of any temporary absence of assigned personnel will be defined and approved by the Executive Board. If an agency can no longer maintain its commitment to participate in the Program with the assignment of personnel, the agency representative must then relinquish their position as a voting member. The Executive Board shall be comprised of 12 Members, as follows: • The Orange County Sheriff, and the Chief of Police of each the following participating agencies, Santa Ana Police Department • Orange Police Department • Newport Beach Police Department • Tustin Police Department • Buena Park Police Department • California State University Fullerton Police • Huntington Beach Police Department • Federal Bureau of Investigation • United States Drug Enforcement Administration • United States Customs and Border Protection • California Highway Patrol The Executive Board members may designate a representative to attend meetings on the member's behalf and vote on any action items. In order to conduct business, a quorum of the Executive Board members must be present. A quorum shall be seven members, or their designee(s). Any action item requires an affirmative vote by a majority of the members present to pass. For example, if 9 members or their designee(s) are present, there must be 5 affirmative votes for an action item to pass. Document "RNSP Task Force Effective May 24, 2024" Exhibit A/Executive Board Modification Orange County Sheriff County Counsel review 6/6/24 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. REGIONAL NARCOTICS SUPPRESSION PROGRAM ACTING CHIEF ROBERT RIDRIGUEZ Santa Ana Police Department Executive Board, Voting Member L !u , IL)- 2'� Signature Document "RNSP MOU" May 24, 2024 ATTEST: City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAAARA BO OSIAN Senior Assistant City Attorney 11 CITY OF SANTAAN -ZICQ.�fl GG� aj ALVARO NUNEZ 0] City Manager