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HomeMy WebLinkAbout6/18/2003 - STAFF REPORTS (6) DATE: JUNE 18, 2003 TO: CITY COUNCIL FROM: GARY JEANDRON, CHIEF OF POLICE POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE COACHELLA VALLEY VIOLENT CRIMES GANG TASK FORCE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement for five years for continued participation in the Coachella Valley Violent Crimes Gang Task Force. SUMMARY: The City of Palm Springs Police Department has participated in various joint multi-agency task forces for many years. Each task force has an individual memorandum of understanding that must be signed by each participating agency. This Minute Order would authorize the City Manager to enter into an agreement for five years for continued participation in the Coachella Valley Violent Crime Gang Task Force. BACKGROUND: The City of Palm Springs Police Department has participated in various joint, multi-agency task forces for many years. Each task force has an individual memorandum of understanding that must be signed by each participating agency. Currently the Palm Springs Police Department participates in the Coachella Valley Violent Crime Gang Task Force. The Palm Springs Police Department has been a member of this task force since its inception just over one year ago. This is a multi-agency task force that identifies and apprehends violent criminal gang offenders within the Coachella Valley. Use of the task force concept is intended to ensure well-coordinated gang enforcement regionally and increase the flow of violent offenders and gang related information between the various law enforcement agencies, which will increase public safety. The current memorandum of understanding expires June 30, 2003. *9 Membership in this task force requires the City of Palm Springs to enter into an agreement or memorandum of understanding. From time to time the agreement must be renewed for continued participation. This Minute Order would authorize the City Manager to enter into an agreement for five years for continued participation in task forces in a form approved by the City Attorney. GARY/ FDRON Chief of Police GJ:rm Approved:-+ City Manager5�� Attachments: 1. Minute Order 2. Memorandum of Understanding y�� COACHELLA VALLEY VIOLENT GANG TASK FORCE 2003 /2008 1 . f MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) to establish COACHELLA VALLEY VIOLENT GANG TASK FORCE(hereinafter CVVGTF) is entered into by the California I Department of Justice, Bureau of Narcotic Enforcement(hereinafter BNE) and the following d. participating agencies: i� Cathedral City Police Department I� L' Indio Police Department r I La Quinta Police Department t ri Palm Springs Police Department Riverside County District Attorney Riverside County Probation Department Riverside County Sheriff's Department r 1 I - I. PURPOSE is The purpose of this memorandum is to set forth the responsibilities of the participating agencies ' in the Coachella Valley-Violent Gang Crime Task Force (CVVGTF). 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 CVVGTF 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. II. MISSION The mission of the Coachella Valley-Violent Gang Crime Task Force (CVVGTF) is to allocate resources from all Coachella Valley cities, the District Attorney, Probation, and other allied law e enforcement agencies, for the purpose of promoting safe, secure neighborhoods free of violent crime and gang violence. The goals and objectives of the CVVGTF are as follows: 1. To reduce violent crimes committed by and against juveniles. j, 2. To deter youth gang recruitment by offering real social and economic alternatives. j? 3. To prevent local youth gangs from developing into sophisticated criminal enterprises. r � L III. EXECUTIVE COMMITTEE Tii The CVVGTF will be governed by an "Executive Board." Ir EXECUTIVE BOARD CHAIRPERSON The CVVGTF shall annually elect an Executive Board Chairperson for the Executive Board . r I The Executive Board Chairperson will be the task force Commander's primary contact with the Executive Board on nonnal 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 CVVGTF 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 Enforcement. 1 � y 2 L� CHANGES IN ORGANIZATION In the event that a member or members of the CVVGTF 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 CVVGTF j 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 fmanpower 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 CVVGTF. Also, the members shall have general responsibility for the oversight of the CVVGTF _ operations. * Policy Authority -The Task Force Executive Board shall be responsible for the 1. CVVGTF policies and operating procedures. The Executive Board shall periodically review and evaluate the CVVGTF operations, goals, objectives, l policies and procedures. IV. MANAGEMENT Ir The management and supervision of the CVVGTF resources will be the responsibility of the Task Force Commander. The Task Force Commander shall retain supervisory control of the personnel assigned to the CVVGTF. When the number of law enforcement personnel from participating agencies drops below four, BNE may terminate the MOU. L V. TASK FORCE COMMANDER A Special Agent Supervisor (SAS) from BNE shall be responsible for managing the CVVGTF land 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 CVVGTF activities. Any personnel assigned to the CVVGTF shall work under the immediate supervision and direction of the Task Force Commander and shall adhere to the published policies and procedures of CVVGTF as adopted by the Task Force Executive Board. 3 L1 I , 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. 1 ° VIL BUDGET ' LThe 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 Task Force Executive Board as outlined in the Policies &Procedures Manual. I ° 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 FI " submitted with the task force yearly budget proposal. d _ IX. ANNUAL REPORT l. The Task Force Commander 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 J' will summarize the preceding calendar year's operation and shall include a section for statistical 71 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. 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 CV VGTF in each year of this agreement. RESOURCES BUREAU OF NARCOTIC ENFORCEMENT it U 1. (1) one Special Agent Supervisor 2. (1)Undercover police vehicle including cost of operation 3. Investigative equipment funds, as needed ^ — 4. Investigative equipment, as needed a. Specialized undercover monitoring equipment 4 c �I. 1 1 , b. Video/VCR equipment l 5. Investigative funds, as needed a. Purchase of evidence b. Cl payments/service y CATHEDRAL CITY POLICE DEPARTMENT 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 L 3. Standard compliment of investigative and safety equipment PALM SPRINGS 1 1. (1) one Investigator 2. (1) one vehicle including cost of operation 3. Standard compliment of investigative and safety equipment RIVERSIDE COUNTY DISTRICT ATTORNEY i Iy 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 ' RIVERSIDE COUNTY PROBATION DEPARTMENT 1. (1) one Investigator 2. (1) one vehicle including cost of operation itf 3. Standard compliment of investigative and safety equipment i 4. (1) one Probation Officer/Investigator RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 1. (2) two Sheriff's deputies ri 2. (2) two vehicles including cost of operation 3. Standard compliment of investigative and safety equipment Li 047 Ti !I 5 r,r I ' r XI. FACILITIES, EQUIPMENT & PROPERTY ' When the number of law enforcement personnel from participating agencies drops permanently below four,BNE may terminate MOU. Any and all property, including equipment, furniture, furnishings or whatever kind or description, purchased or acquired with participating agency funds shall be the property of the participating agency and at the termination of this agreement and whereupon no new agreement is reached, all 1 said property shall be returned to the participating agency. Any equipment purchased with task force or seized funds which is damaged,broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the CVVGTF, shall be repaired or replaced by the agency of the responsible employee at the determination of the Task Force Commander. XIL ASSET FORFEITURE 1 ' 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 CVVGTF will be shared equitable 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 1: 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 CVVGTF expenditures shall be readily available for examination and audit by BNE or any other r; 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 `i 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 SAC and 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. -- 6 VAV I 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 indemnification, each participating agency of the CVVGTF 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 CVVGTF. Personnel assigned to the CVVGTF 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 CVVGTF manual; in addition to the unit specific language which _ addresses the specific needs, objectives and goals of the CVVGTF. 7 XVIII. TERM OF AGREEMENT The term of this agreement shall be from July 1, 2003 through June 30, 2008 . 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 CVVGTF will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement. Ili I ' �I I sr `ll q14 7 r°r e is 1 , 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 CVVGTF, will be shared equitably among member agencies, including BNE. The equitable sharing will be based on the attached formula 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 1 Cathedral City Police Department 1 Indio Police Department 1 Palm Spring Police Department 1 1 Riverside County District Attorney 1 Riverside County Probation Department 1 Riverside County Sheriff's Department 1 ' La Quinta Police Department 1 All forfeiture procedures and sharing will be based upon the appropriate provisions of state or federal law and policy. Modifications to the asset forfeiture agreement requires approval in writing by the I members of the Task Force Executive Board. d� Should, however, any agency terminate participation, they will terminate their right to participate in any r 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. I ,I I ° 40410 I 16 r MINUTE ORDER NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR FIVE YEARS FOR CONTINUED PARTICIPATION IN THE COACHELLA VALLEY VIOLENT CRIME GANG TASK FORCE I HEREBY CERTIFY THAT this Minute Order, authorizing the City Manager to enter into an agreement for five years for continued participation in the Coachella Valley Violent Crime Gang Task Force, was adopted by the City Council of the City of Palm Springs in a meeting thereof held on the 18th day of June, 2003. City Clerk