Loading...
HomeMy WebLinkAbout7/9/2008 - STAFF REPORTS - 2.X. A LM SA4 4 V N Y 4 [ Y* � oggco Yne City Council Staff Report DATE: July 9, 2008 CONSENT AGENDA SUBJECT. Renew MOU For Participation In Coachella Valley Gang Task Force FROM: David Ready, City Manager BY: Palm Springs Police Department SUMMARY It is recommended that the City Council authorize the City Manager to sign a memorandum of understanding to participate in the Coachella Valley Violent Crime Gang Task Force (CVVCGTF.) RECOMMENDATION: Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Police Department has been a participating member of the gang task farce since 2003. This task force consists of officers / agents from 14 agencies including all Coachella Valley law enforcement agencies, Riverside County District Attorney, the FBI, the Bureau of Narcotic Enforcement, and several others. Over the past 5 years, this task force has concentrated on identifying and conducting enforcement relating to gang members. The taskforce works all cities in the valley as gang violence moves from one city to another. This agreement is the same as the one Council signed June 18, 2003, and it will be in effect for 5 years until June 30, 2013. FISCAL IMPACT: Item No. 2 • X • City Council Staff Report July 9, 2008 -- Page 2 Gang Task Force MOU Each participating agency commits to provide one full-time investigator, one vehicle including the cost of operation, and other safety and investigative equipment (radio, computer, etc.) This agreement will not add an additional employee to the number of authorized employees. There is an officer currently assigned in the assignment and he will continue in that position. The cost of an officer is approximately $94,810 (unknown exact amount due to pending employee contract.) David G. Dominguez, P Ice Chi David H. Ready, Cit4nager AUTHORIZATION The participating agencies, but heir duly authorized officials, have executed tbis MOU on the respective dates indicated below. This MOU will be come effective upon receipt by the B1VE headquarters of the original MOU with all its attaclunents. All future amendments must be forwarded to headquarters and will become effective upon receipt. CITY OF PALM SPRINGS a municipal corporation, David G. Dominbucz, Chief Palm Springs Police Department Signature By Date: David H Ready, City Manager Attest: City Clerk APPROVED AS TO FORM: City Attorney 000063 COACHELLA VALLEY VIOLENT CRIME GANG TASK FORCE (CVVCGTF) Memorandum of Understanding Table of Contents Memorandum of Understanding ............................1 -2 1. Purpose ..........................................................................3 U. Mission ...........................................................................3 III. Executive Commitee ...........................................................................3 IV. Management ...........................................................................4 V. Task Force Commander ...........................................................................4 VI. Compensation ..........................................................................5 VII. Budget ...................................... ........... . . . 5 VIII. Training ..................•---.....................................................5 IX. Annual Report ...........................................................................5 X. Resources ......................................................................6-S XI. Facilities, Equipment and Property ..............•...................................................8 XII. Asset Forfeiture ....5 XIII. Administration and Audit ..........................................................................9 XIV. Inspection Process ...........9 XV. Nondiscrimination Clause ..........................................................................9 XVI. Respective Responsibilities ........................................................................9 XVII. Policy and Procedures Manual ........................................................................9 XVIII. Term of Agreement ......................................................................10 XIX. Authorization ..................................................................11-24 Asset Forfeiture Formula .....................................Attachment A .........................................Addendums 000024 COA CHELLA VALLEY VIOLENT GANG TASK FORCE 2008/2013 MEMORANDUM OF UNDERSTANDING 19us Memorandum of Understanding (MOU) to establish the COACHELLA VALLEY VIOLENT CRIME GANG TASK FORCE (hereinafter C'VVC.'GTF) is entered into by the California Department of Justice, Bureau ofNarcoric Enforcement (hereinafter BNE) and the following parricipating agencies: Bureau ofAlcohol, Tobacco, Firearms and explosives California,Department of Correcrions and Rehabilitation Cathedral City Police Department Coachella Police Department Desert Hot Springs Police Department Federal Bureau oflnvestigation Indio Police Department La puirata Police Departmenl Palm Desert Police Department Palm Springs Police Department Riverside County District Attorney 0006915 Riverside County Probation Department Riverside County Sherif/'s Department I. PURPOSE The purpose of this memorandum is to set forth the responsibilities of the participating agencies in the Coachella Valley Violent Crime Gang Task Farce (CVVCGTF). Working cooperatively, the participating agencies will endeavor to effectively enforce the laws of the State of California including the Penal Code, Vehicle Code, Health and Safety Code, and applicable federal laws relating to violent crime, street terrorism and gang related crimes. Agencies participating in CVVCGTF will be targeting their investigations toward the apprehension and conviction of street to mid-level youthful offenders. Use of this task force concept is intended to ensure well- coordinated violent crime and gang enforcement regionally and increase the flow of violent offenders and gang related intelligence information between the various law enforcement agencies. 11. MISSION The mission of the Coachella Valley Violent Crime Gang Crime Task Force (CVVCGTF) is to allocate resources from all Coachella Valley cities, the District Attorney, Probation, and other allied law enforcement agencies, for the purpose of promoting safe, secure neighborhoods free of violent crime and gang violence. The goals and objectives of the CVVCGTF are as follows: I. To reduce violent crimes committed by and against juveniles. 2. To deter youth gang recruitrnent by offering real social and economic alternatives. 3. To prevent local youth gangs from developing into sophisticated criminal enterprises. 111. EXECUTIVE COMMITTEE The CVVCGTF will be governed by an "Executive Board." EXECUTIVE BOARD CHAIRPERSON The CVVCGTF shall annually elect an Executive Board Chairperson for the Executive Board. The Executive Board Chairperson will be the task force Commander's primary contact with the Executive Board on normal matters and will bring to the Executive Board's attention any matters which would require a consensus of the Executive Board prior to a regularly scheduled monthly meeting. The Executive Board Chairperson shall also preside over CVVCGTF Executive Board meetings and is responsible for the formulation of minutes for the meetings and notification of Executive Board members of upcoming meetings. The Executive Board Chairperson shall not be a member of the Bureau of Narcotic Enf07celnent. G066V CHANGES IN ORGANIZATION In the event that a member or members of the CVVCGTF Executive Board wish to change a task force procedure or policy as expressed in this agreement, or the task force manual of instruction, those changes will be made with the consent of the entire Executive Board resulting from a majority vote in favor of such a change. The Executive Board Chairperson of the CVVCGTF Executive Board shall notify the Task Force Commander of the pertinent policy changes prior to the effective date of such change. * Participating Agency- A "Participating Agency" is an allied state, federal or local law enforcement agency that has made a commitment of resources and manpower for an agreed upon time period. * Structure - The Task Force Executive Board will consist of the Senior Special Agent in Charge (SSAC) or Special Agent in Charge (SAC) of the Riverside BNE Regional Office or their designee and the department heads of each participating agency or their designee. 'r Role -The Task Force Executive Board shall meet on a monthly basis or as required for the purpose of reviewing the activities of the CVVCGTF. Also, the members shall have general responsibility for the oversight of the CVVCGTF operations. Policy Authority - The Task Force Executive Board shall be responsible for the CVVCGTF policies and operating procedures. The Executive Board shall periodically review and evaluate the CVVCGTF operations, goals, objectives, policies and procedures. IV. MANAGEMENT The management and supervision of the CVVCGTF resources will be the responsibility of the Task Force Commander. The Task Force Commander shall retain supervisory control of the personnel assigned to the CVVCGTF. When the number of law enforcement personnel from participating agencies drops below four, BNE may terminate the MOU. V. TASK FORCE COMMANDER A Special Agent Supervisor(SAS) from BNE shall be responsible for managing the CVVCGTF and will report to the Task Force Executive Board through the Chairperson of the Executive Board. The Task Force Commander takes direction from the Task force Executive Board. The Task Force Commander will provide the Task Force Executive Board with monthly and annual reports of the CVVCGTF activities. Any personnel assigned to the CVVCGTF shall work under the immediate supervision and direction of the Task Force Commander and shall adhere to the published policies and procedures of CVVCGTF as adopted by the Task Force Executive Board. 4 0060E8 VI. COMPENSATION Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations. Overtime, due to potential budgetary impact, must be an item of communication between each agency responsible for payment and the Task Force Commander. VIL BUDGET The Task Force Commander will prepare a proposed budget each year(date to be determined by the Task Force Executive Board) for the ensuing fiscal/calendar year for approval by the Task Force Executive Board. A monthly report of expenditures shall accompany the monthly statistics report submitted to the'Fask Force Executive Board as outlined in the Policies & Procedures Manual. VIII. TRAINING Training is handled by participating agencies according to their individual budgets. A yearly training plan for all task force personnel, sworn and non-sworn, shall be prepared upon their assignment to the task force. In addition, a yearly group training plan shall be prepared and submitted with the task force yearly budget proposal. IX. ANNUAL REPORT The Task Force Connnander will provide the Task Force Executive Board and BNE headquarters with an annual report of activity no later than March 15 of each year. This report will summarize the preceding calendar year's operation and shall include a section for statistical data broken down in a similar fashion to that of the monthly reports. The report shall contain sufficient information regarding trends to enable the Executive Board to reassess task force goals and objectives. 000699 X. RESOURCES Each of the below listed agencies have agreed, by virtue of the signature of the department head affixed to this MOU, to contribute the following personnel and/or resources to the CVVCGTF in each year of this agreement. RESOURCES BUREAU OF NARCOTIC ENFORCF,MENT 1. (2) Two Special Agent Supervisors 2. (2) Two vehicles including cost of operation 3. Investigative equipment funds, as needed 4, Investigative equipment, as needed a. Specialized undercover monitoring equipment b. Video/Recording equipment, Etc. 5. Investigative funds, as needed a. Purchase of evidence b. Cl payments/service BUREAU OF ALCOHOL. TOBACCO FIRERMS AND EXPLOSIVES 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment CATHEDRAL CITY POLICE DEPARTMENT 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment COACHELLA POLICE DEPARTMENT 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment 6 DESERT HOT SPRINGS POLICE DEPARTMENT 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment FEDERAL BUREAU OF INVESTIGATION 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment INDIO POLICE DEPARTMENT 1. (1) One investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and salety equipment LA QUINTA POLICE DEPARTMENT 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment PALM DESERT POLICE DEPARTMENT I. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment PALM SPRINGS POLICE DEPARTMENT 1. (1) One Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative and safety equipment RIVERSIDE COUNTY DISTRICT ATTORNEY 1. (1) One Deputy District Attorney 2. (1) One Investigator 3. (1) One vehicle including cost of operation 4. Standard compliment of investigative and safety equipment rt 7 RIVERSIDE COUNTY PROBATION DEPARTMENT 1. (1) One probation Officer/Investigator 2. (1) One vehicle including cost of operation 3. Standard compliment of investigative , safety equipment RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 1 . (2) Two Sheriff's deputies 2. (2) Two vehicles including cost of operation 3. Standard compliment of investigative and safety equipment XI. FACILITIES, EQUIPMENT & PROPERTY ',Alen the number of law enforcement personnel from participating agencies drops penxaanen±l) below four, BNE may terminate MOU. Any and all property, including equipment, fumiture, fumishings of whatever kind or description, purchased or acquired with participating agency funds shall be the property of the participating agency and at the termination oFthis agreement and whereupon no new agreement is reached, all said property shall be returned to the participating agency. Any equipment purchased with task force or seized funds, which is damaged, broken, misp:aced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent as,igned to the CVVCGTF, shall be repaired or replaced by the agency of the responsible employee at the determination of the Task Force Commander. XII. ASSET FORFEITURE Based on the attached asset forfeiture agreement, proceeds derived lkom asset forfeiture, under State or Federal law, initiated in the course of investigations conducted by CVVCGTF will be shared equitably among member agencies. The equitable sharing will be based on a formula developed by the Task Force Executive Board. All forfeiture procedures and sharing will be based upon the appropriate provisions of State or Federal law and policy. Modification to the asset forfeiture agreement requires approval in writing by members of the Task Force Executive Board. R XIII. ADMINISTRATION AND AUDIT In no event shall the member agencies charge any indirect costs to DOJ for administration or implementation of this agreement during the term thereof. Any and all records pertaining to CVVCGTF expenditures shall be readily available for examination and audit by BNE or any other participating agency. In addition, all such records and reports shall be maintained until audits and examinations are completed and resolved, or for a period of(3) three years after termination of the agreement, whichever is sooner. XIV. INSPECTION PROCESS It is the policy of BNE to maintain a formal administrative inspection program. This program requires inspections of each BNE supervised regional task force once every eighteen (18) months or as necessary, with follow-up inspections within six (6)months. Copies of the inspection report will be delivered to the regional office SSAC, the Task Force Commander, and the Executive Board Chairperson. At change of command, an audit of the controlled substance evidence,undercover funds,petty cash, seized money and assets, reverse sting Stock, weapons and specialized equipment shall be performed. XV. NONDISCRIMINATION CLAUSE All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities. XVI. RESPECTIVE RESPONSIBILITIES For the purpose of inderom lication, each participating agency of the CVVCGTF shall be responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of the services and activities of those officers while participating in the CVVCGTF. Personnel assigned to the CVVCGTF shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions. XVII. POLICY AND PROCEDURE MANUAL It is agreed that all members of the task force shall abide by the standardized policies and procedures as expressed in the CVVCGTF manual; in addition to the unit specific language which addresses the specific needs, objectives and goals of the CVVCGTF. 9 OO�� i3 XVIII.TERM OF AGREEMENT The term of this agreement shall be [Tom July 1. 2008 through June 30 2013 . The term of this agreement may be terminated by notice in writing to the Task Force Executive Board Chairperson thirty (30) days prior thereof. An extension of this MOU will be granted pursuant to the signed agreement of the Task Force Executive Board. The CWCGTF will only be responsible for financial obligations incurred by task force participating agencies durinb the tcrnn of this agreement. 10 000014 ASSET FORFEITURE FORMULA ATTACHMENT A Based on the attached asset forfeiture agreement, proceeds derived from an asset forfeiture, under State or Federal law, initiated in the course of investigations conducted by CVVCGTF, will be shared equitably among member agencies, including BNl . The equitable sharing will be based on the attached fomaula developed by the Task Force Council. Each agency shall receive an equal share for each full- time sworn peace officer. The asset forfeiture distribution formula for the CVVGTF will be as follows: Bureau of Narcotic Enforcement 2 Bureau of Alcohol, Tobacco, Firearms and Explosives 1 California Department of Corrections and Rehabilitation 1 Cathedral City Police Department 1 Coachella Police Department I Desert Hot Springs Police Department 1 Federal Bureau of investigation 1 Indio Police Department 1 La Quinta Police Department I Palm Desert Police Department 1 Palm Spring Police Department l Riverside County District Attorney 1 Riverside County Probation Department 1 Riverside County Sheriff's Department I All forfeiture procedures and sharing will be based upon the appropriate provisions of State or Federal law and policy. Modification to the asset forfeiture agreement requires approval in writing by the members of the Task Force Executive Board. Should, however, any agency terminate participation, they will terminate their right to participate in any distribution pursuant to this section effective the date of their termination. Should for any reason the Task Force Executive Board find it necessary to disband the Task Force, asset forfeitures that have not been distributed will be used to pay off all existing debt including all contracts or leases. Any remaining money will be equally distributed between participating agencies.