Loading...
HomeMy WebLinkAbout25L - MOU METH LAB REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For MEMORANDUM OF UNDERSTANDING WITH THE ORANGE COUNTY PRO- ACTIVE METHAMPHETAMINE LABORATORY INVEST GATION TEAM CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the Chief of Police to execute an indemnity agreement in conjunction with the attached Memorandum of Understanding for the Orange County Pro-Active Methamphetamine Laboratory Investigation Team (OCPMLIT). DISCUSSION For many years the Santa Ana Police Department has worked cooperatively with other law enforcement agencies in Orange County to mitigate actual and perceived threats to individual jurisdictions presented by methamphetamine labs. The Orange County Pro-Active Methamphetamine Laboratory Investigation Team (OCPMLIT) utilizes state and federal sources of illicit clandestine laboratory intelligence sources to identify meth laboratory manufacturers operating in the County of Orange. In addition, OCPMLIT actively pursues the successful prosecution of those individuals arrested for the manufacturing and distribution of methamphetamine. A primary objection of this task force is to reduce the availability of methamphetamine in Orange County. Under the proposed agreement, each member agency shall assume responsibility for its participants and will indemnify the other agencies for the sole liability of its participants. FISCAL IMPACT There is no fiscal impact with this action. Q~:- Chief of Police Police Department 25L-1 MEMORANDUM OF UNDERSTANDING ORANGE COUNTY PRO-ACTIVE METHAMPHET AMINE LABORATORY INVESTIGATION TEAM 1 25L-2 TABLE OF CONTENTS PAGE NAME 3 TASK FORCE FUND 3 MISSION 3 TASK FORCE ORGANIZATION 4 LIABILITY 11 OPERATIONAL LOCATION 11 EQUIPMENT 11 UNDERCOVER DOCUMENTS 12 ASSET SHARING 13 STANDARD OPERATING PROCEDURES 13 REPORTING 16 TERM OF AGREEMENT 16 SIGNATURES 17 2 25L-3 I. NAME The name of the already formed task force to which this MOU pertains is the Orange County Pro-Active Methamphetamine Laboratory Investigation Team (OCPMLIT), hereafter referred to as "The Task Force". II. TASK FORCE FUND The operations of the Task Force shall be funded in part, as described herein, by grant monies received from the State of California, United States Government or other public entities in accordance with the Grant Award Documents. Said funds are hereinafter called "Task Force Funds". Task Force Funds are normally deposited with the County of Orange on a quarterly basis. The County of Orange, acting through the Orange County Auditor- Controller in cooperation with the Orange County Sheriff's Department, shall receive from the State, United States Government or other public entities, administer, and disburse in accordance herewith all Task Force Funds. Task Force Funds shall be expended and disbursed only for the purposes described herein. III. MISSION Pro-actively seek out and eradicate methamphetamine labs in the County of Orange. A. Objectives 1. Reduce the availability of methamphetamine in Orange County. 2. Pro-actively target, investigate, and arrest methamphetamine laboratory operators in the County of Orange, thereby improving public safety by eradicating hazardous methamphetamine laboratories. 3. Utilize state and federal sources of illicit clandestine laboratory intelligence sources to identify meth laboratory manufacturers operating 3 25L-4 in the County of Orange. 4. Actively pursue the successful prosecution of those individuals arrested for the manufacturing and distribution of methamphetamine. 5. Utilize the Drug Endangered Children (DEC) program when children are found at a lab site (Levell Children) or when it is discovered that children are being directly exposed to drug usage either directly or indirectly (Level 2 Children). The DEC program utilizes a multi-discipline approach combining the resources of the District Attorney's Office, Law Enforcement, Child Protective Services and Health Professionals. 6. Work cooperatively with all law enforcement agencies in Orange County to provide a ready resource for police assistance in mitigating actual and perceived threats to individual jurisdictions presented by methamphetamine labs. IV. TASKFORCE ORGANIZATION A. Task Force Council The Task Force Council directs the law enforcement operations of the task force. The committee is comprised of members of the Orange County Chiefs of Police and Sheriff's Association, which will include the District Attorney, Sheriff, the Police Chiefs of the participating agencies, Orange County Probation and the Bureau of Narcotic Enforcement, Special Agent in Charge. Members of the Task Force Councilor their designees meet as required to review task force operations and provide direction, guidance and input. The members of the Task Force Council elect the Chairperson. Quorum voting of the committee is by majority vote and 4 25L-5 shall be by committee members only. Committee vacancies are filled by a majority vote of the Task Force Council. B. Task Force Commander The Task Force Commander's position will be staffed by a Special Agent Supervisor, provided by the California Department of Justice, Bureau of Narcotic Enforcement. The Task Force Commander will be responsible for the management responsibilities of the task force and will report directly to the Special Agent in Charge of the Bureau of Narcotic Enforcement, Orange Regional Office. The Task Force Commander will be directly accountable to the Task Force Council for task force operations. The Task Force Commander will dedicate that time necessary to efficiently manage the task force. The Task Force Commander's salary and benefits will not be reimbursed by the Task Force Fund, with the exception of overtime compensation. C. Supervision The Orange County Pro-Active Methamphetamine Laboratory Investigation Team will be comprised of one (1) investigative team assigned by the Task Force Commander as dictated by clandestine manufacturing trends and locations. Supervision of the team will be provided by a Sergeant, as a working member of the team. Selection of the Supervisor will be based upon level of expertise, past work performance, and availability. Selection of the Supervisor will be from qualified members provided by participating agencies. This selection will be the responsibility of the Task Force Commander with the concurrence of the Task Force Council. Salaries and benefits associated with the Supervisor will be reimbursed by 5 25L-6 the Task Force Fund to the participating agency. D. Prosecution Staff This District Attorney's Office will assign one (1) full-time Prosecutor to work with task force members. The Prosecutor will be available to provide legal review and will file task force cases warranting a criminal complaint. The assigned Task Force Supervisor will act as liaison with the assigned prosecuting attorney by serving as a liaison between the attorney and the task force members in the investigation and filing of criminal cases and the preparation of cases for trial. The salary and benefit for this position will be reimbursed by the Task Force Fund to the Office of the District Attorney. E. Investi2ators The task force will be staffed by qualified investigators recommended for assignment by the participating agencies. Assignment to the task force shall be for a minimum of two years. Thereafter, the individual's officer's parent agency may determine the duration of its own officer's service on the Task Force. Consideration for placement on the task force is given based upon past job performance, investigative experience, and the ability to work with others in a close, team relationship. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force and assigned to other duties at his/her department. If the Task Force Commander determines that it would be appropriate to replace or remove a member, the Task Force Commander will discuss the issue with the contributing parent agency. If the participating agency does not concur with the decision of the Task 6 25L-7 Force Commander to remove and replace the participating member, the issue shall be forwarded to the Special Agent in Charge for resolution. If the agency does not concur, the issue will be forwarded to the Task Force Council for final resolution. It is agreed, however, that the resolution of operational problems at the lowest level is in the best interest of the task force. Salaries and benefits associated with these investigators will be reimbursed from the Task Force Fund to the participating agencIes. F. Administrative Support Staff The Orange County Sheriff's Department shall provide the assistance of one (1) part-time clerical position to the task force. This position will be responsible for assisting with the day-to-day processing of investigative reports and documents associated with the task force operation. In addition, this position will also be responsible for the preparation of monthly and quarterly accountings of salaries, overtime and all expenditures of the task force personnel. The salary and benefits for this position will be reimbursed by the Task Force Fund. G. Probation Officer The assigned Deputy Probation Officer(s) will be responsible for educating PROACT members on probation searches and the Probation Department's procedures regarding confidential informants; target probationers with a history of meth use, sales and manufacturing; provide PRO ACT with leads and intelligence when appropriate; organize field operations and conduct searches; select targets suitable for surveillance rather than a random search; obtain no bail holds on probationers arrested by the team; prepare and file probation violation petitions; provide K-9 assistance when appropriate; monitor probationers who are actively 7 25L-8 working as confidential informants for PROACT; testify in court as appropriate and attend PROACT meetings. The Deputy Probation Officer(s) will not be trained or expected to perform actual clandestine laboratory processing; write new law violation reports; prepare BNE Operations Plans or investigative reports; or conduct extensive field surveillance. Reimbursement for overtime accrued by the assigned Deputy Probation Officer (s) will be reimbursed to the Orange County Probation Department by the task force fund in an amount not to exceed $10,000.00. H. Fiscal Procedures. 1. Salaries and Benefits The State of California will not be reimbursed from the Task Force Fund for the salaries and benefits of the Task Force Commander, except approved overtime and representatives from the California Department of Justice participating in the task force. The salary, benefits, and approved overtime for all remaining members of the Task Force will be reimbursed from the Task Force Fund to the participating agencies that employ the members. The Task Force Funds are intended to reimburse agencies at a rate such as to allow for the replacement of personnel assigned to the Task Force. Those rates for approximate salaries and benefits are set forth on Exhibit A, which is attached hereto and incorporated herein by reference. 8 25L-9 It shall be the responsibility of the Task Force Commander to institute a system of checks and balances whereby the hours of each participant are authorized and audited for accuracy; the information will be reported to the Sheriff's Department Financial Services on a quarterly basis, with a copy submitted to the Task Force Accountant. The Task Force Commander will also retain a copy of this record. An agency must assign its personnel full-time to the Task Force to qualify for either replacement funds or overtime, except as noted below: The District Attorney's Office will be allowed to assign a Y2 time District Attorney Investigator. This position will be reimbursed at Y2 of the Sheriff's Investigator's salary and reimbursement rate. Administrative processing costs to determine payroll which are incurred by participating agencies, will not be reimbursed. 2. Participant Claims for Reimbursement Participating agencies shall request distribution of revenues for salary, benefits and overtime at the rates indicated in Exhibit A. Requests for reimbursement from the parent agency shall be submitted to the Task Force Commander for approval and subsequent processing through the Orange County Sheriff's Department Financial and Administrative Services Division. A format for claiming expenses will be instituted in conjunction with Sheriff's Department financial personnel and will require submittal of appropriate payroll and expense information, and coordinated with the parent 9 25L-10 agency for claiming purposes. Payment of the claim will be processed as soon as possible. All purchases and claims must comply with County and Sheriff Department procedures governing purchasing, invoicing, use of petty cash, travel and any related financial transactions. In the unlikely event that Task Force Funds are insufficient to fully reimburse participating agencies as described herein, reimbursement shall be made on a pro-rata basis. In no event will general revenues of the County of Orange or the California Department of Justice be used to offset any such shortage. Reimbursement claims by task force members for reimbursable travel, per diem, lodging, materials, or services shall be submitted to the Task Force Supervisor/Sergeant on an approved claim form specific to task force operations. Such claims shall be approved by the Task Force Commander. Upon approval, the Task Force Commander shall forward the reimbursement claim to the Orange County Sheriff's Department Financial Services Division for approval, and if approved, for payment. 3. Ri2ht to Audit Each party to this agreement shall make available to authorized representatives of the County of Orange, at all reasonable times, its payroll and other records related to this agreement. The County or an independent auditor may audit such records. If an audit determines that ineligible costs have been reimbursed, the agency shall immediately repay to the Task Force Fund the amount determined to be ineligible. If not repaid within thirty days, the County may also hold the amount determined to be ineligible from future reimbursements. 10 25L-11 The parties shall maintain the original copies of all records related to task force expenses and reimbursement for a period of three years after the date the expense is reimbursed. V. LIABILITY, INDEMNIFICATION AND HOLD HARMLESS Each participating agency shall retain full financial responsibility for its personnel assigned to the task force, for all vehicles and other equipment owned or leased by the party, and for any injury claims, including workers' compensation claims, made by its personnel. Each participating agency shall defend, indemnify and hold harmless all other participating agencies and their officers and employees from and against any and all liability, losses, claims or damages whatsoever, resulting from the acts or omissions of the indemnifying agency or its officers or employees related to the task force or from any defects in vehicles or other equipment owned or leased by the indemnifying agency and used in connection with the task force. Each participating agency agrees to be financially responsible for all toll road charges incurred by its personnel while operating a County leased or owned vehicle. Each participating agency agrees to be financially responsible for any property damage to a County leased or owned vehicle operated by its personnel. Each participating agency further agrees to be financially responsible for any tortious act or omission by its personnel resulting from its personnel's use of a County leased or owned vehicle. VI. OPERA TIONAL LOCATION The California Department of Justice, Bureau of Narcotic Enforcement, Orange Regional Office shall provide space to house the task force participants and related equipment. The California Department of Justice will absorb the cost of the space provided to the task 11 25L-12 force and will not acquire any payment from the Task Force Fund. VII. EQUIPMENT The Task Force Supervisor and Task Force Commander will be accountable for equipment assigned to the task force and will utilize approved county procedures for accounting for and safeguarding fixed assets. All task force equipment purchased by grant funds will be properly tagged and placed in an inventory list that will be kept at the task force. A. Vehicles The task force will use rental vehicles for its operations. Maintenance of vehicles will be provided by the rental agency. Fuel costs will be covered by gas credit cards. The Task Force Funds will cover vehicle leasing and fuel costs. B. Communication EQuipment An appropriate number of radios and cellular telephones may be acquired in cooperation with the Orange County Sheriff's Department Communications Division, using Task Force Funds as approved by the Task Force Council. The Task Force Council shall develop procedures to ensure proper use and accountability of this equipment. C. Other EQuipment Other equipment, including in-house covert equipment, office equipment, computers, hand tools, cameras, video equipment, etc., may be purchased with monies from the Task Force Fund and provided to members from the task force. Situations requiring air support, unique vehicles, and other unique items will require cooperative scheduling and assistance from other member departments. 12 25L-13 VIII. UNDERCOVER DOCUMENTS The use of covert identities to support and enhance undercover operations is essential. This will require that investigators possess undercover California licenses and other sources of identification. The procurement, utilization, and control of these documents will rest with participating agencies. Investigators will be expected to bring covert documents with them at the time of assignment. IX. ASSET SHARING Task force operations which result in the potential for either state or federal asset seizure shall be submitted on a DAG-71 Form to the Special Agent in Charge. All forfeited assets will be deposited in the Task Force account code 300-348-9200-0034 which is maintained by the County of Orange. The Task Force Commander may authorize an expenditure of these funds for necessary items, including equipment, travel, and training up to the amount of $1000.00; expenditures of $1000.00 - $5000.00 require approval of the Task Force Council Chairperson; and any expenditures over $5000.00 require a majority Task Force Council approval. These funds may also be distributed among the participating task force agencies as determined by the Task Force Council. X. STANDARD OPERATING PROCEDURES All task force members shall abide by the Standard Operating Procedures Manual (SOP), which shall be prepared by the Task Force Commander, with the assistance of the Task Force Supervisor. The completed SOP will be subject to review and approval of the Task Force Council. The SOP shall specify policies and procedures for task force operations and shall include the following specific items. 13 25L-14 A. In any case where polices and procedures of the task force conflict with those of the members parent agency, the members shall abide by the policies of his or her own agency. 1. Any member not satisfied with the actions or enforcement of any provision of the SOP by the Task Force Supervisor may take the matter directly to the Task Force Commander either in writing or by scheduling an appointment. The Task Force Commander shall have the final authority to resolve all matters pertaining to the SOP. 2. Should any member remain unsatisfied with the decision of the Task Force Commander, the parent agency of such member [not the member] may elect to pursue the matter further with the Task Force Council. The decisions of the Task Force Council shall be final and binding on both the member and the parent agency. 3. In the event that any action taken by the Task Force Supervisor, Task Force Commander or Task Force Council results in the loss of any property interest or other protected interest of any member, the member's remedy for such loss shall remain with his or her parent agency according to such agency's procedures. B. The investigation of an officer-involved shooting shall be conducted according to the Orange County Chiefs of Police and Sheriff's Association Officer-Involved Shooting protocol. C. Vehicle accidents will be handled by the agency having jurisdiction at the location in which the incident occurs. Involved member will report any accident pursuant to 14 25L-15 parent agency policy/procedure. Nothing precludes further investigation or concurrent investigation by an officer's parent agency. Injured personnel will be taken to the most immediate and competent medical facilities available. D. In the event of a chemical exposure or injury sustained at a clandestine laboratory site, the onsite supervisor will make arrangement to have the individual or indi viduals assessed if necessary at the nearest qualified trauma center. If the exposure is not life threatening the individual shall be taken to St. Joseph's Hospital emergency treatment facility located in the city of Orange, unless prior arrangements have been made with the parent agency. The parent agency of the involved team member will be notified of the incident immediately. Per the Bureau of Narcotic Enforcement Clandestine Lab manual, an investigation will be conducted on the incident by a Board of Inquiry. A copy of the findings of the Board will be supplied to the members of the Executive Board. E. Voluntary release to the media of information regarding task force operations will be coordinated through the Task Force Supervisor, with the approval of the Task Force Commander. Media releases involving joint investigations with one or more Orange County agencies will be coordinated with the Task Force Council and those agencies prior to the release of information if time permits. The Task Force Commander will apprise the Chairman of the Task Force Council of all incidents, which may result in significant media interest. The Task Force Council will determine what course of action will be taken in releasing significant event information. F. Evaluation and investigations of citizen's complaints against task force members, or 15 25L-16 internal investigations about task force members shall be handled by the parent agency. Disciplinary actions will be approved solely by the parent agency. The parent agencies will provide the name, rank, and telephone number of a "liaison supervisor" who will assist the Task Force Commander with inquires of mutual concern. Internal discipline problems will be addressed by the Task Force Commander and documented when necessary. Continued failure to abide by task force policies and procedures may result in removal from the task force at the recommendation of the Task Force Commander with concurrence of the Task Force Council. XI. REPORTING A. The Task Force Commander will be responsible for recommending a reporting system which tracks team activities, statistics, and accomplishments of task force operations. This reporting system will serve as a basis for quarterly reports to the Task Force Council and will ensure the accountability of personnel and equipment resources. B. The Task Force Commander will provide the Task Force Council and BNE Headquarters with an annual report of activity no later than March 15th of each year. XII. TERM OF AGREEMENT AND TERMINATION A. This MOU shall commence on July 1. 2008 and terminate on June 30,2013. B. Participating agencies may elect to withdraw from this MOU prior to its designated termination date. Any agency desiring to withdraw shall indicate such intent in writing to the Task Force Council. The withdrawal shall take effect not less than thirty days after receipt of the written communication or upon a date established by 16 25L-17 mutual agreement. Notwithstanding its withdrawal, a withdrawing agency shall remain fully liable for all its obligations under this MOU incurred prior to withdrawal. Should there be any significant changes of manpower and/or resources by any of the member agencies, a new MOU will be prepared by the Task Force Commander. C. Nonappropriations: The parties acknowledge that funding or portions of funding for this agreement may be contingent upon State budget approval, receipt of funds from and/or obligation of funds by the State to County and inclusion of sufficient funding for the services hereunder, in the budget approved by County's Board of Supervisors for each fiscal year covered by this agreement. If any such approval, funding or appropriations are not forthcoming or are otherwise limited, the County may immediately modify or terminate this agreement without penalty. XIII. SIGNA TURES The undersigned state that they represent and have the authority to execute this Agreement on behalf of their respective agencies/departments and, in signing this MOU, concur with and support the Orange County Pro-Active Methamphetamine Laboratory Investigation Team Task Force as set forth in this MOU and for the period and purposes stated herein 17 25L-18 Jack Anderson, Assistant Sheriff Acting as Sheriff-Coroner County of Orange Date Tony Rackauckas, District Attorney County of Orange Date Joseph M. Polisar, Chief of Police Garden Grove Police Department Garden Grove, California Date Tom Monson, Chief of Police Buena Park Police Department Buena Park, California Date Paul Walters, Chief of Police Santa Ana Police Department Santa Ana, California Date Michael Messina, Chief of Police Brea Police Department Brea, California Date Colleene Preciado, Chief Probation Officer County of Orange Date 18 25L-19 Dennis Kies, Chief of Police La Habra Police Department La Habra, California Date Craig R. Hammer, Special Agent Supervisor Bureau of Narcotic Enforcement Orange Regional Office California Department of Justice Date JOHN GAINES, Chief Bureau of Narcotic Enforcement Division of Law Enforcement California Department of Justice Date TINA MEDICH, Assistant Bureau Chief Office of the Director, Executive Unit Division of Law Enforcement California Department of Justice Date DA VID HARPER, Assistant Director Division of Administrative Support California Department of Justice Date 19 25L-20