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HomeMy WebLinkAbout04624 - POLICE INCA NARCOTICS DRUGS TASK FORCE ENFORCEMENT DOCUMENT TRACKING Page: 1 Report: One Document Detail October 2, 2007 Condition: Document NumberA4624, Document# Description Approval Date, Expiration Date Closed Date A4624 Inland Crackdown Allied Task Force 01/15/2003 06/01/2005 Company Name: I N C A Address: 4200 Latham Street, Suite D, Riverside, CA 92501 Service: In File xRef: POLICE DEPARTMENT Ins. Status: INACTIVE [Document Tracking Items: Due Completed, Tracking Amount Amount Code Item Description Date Date Date Added Paid 01-15-03 M07242 I N CA 1 yrw/opt for 3 add'I yrs 01-30-03 contract abstract sheet to be filled out by PD/left mess. e 01-31-03 to ca for sigs I� � 02-06-03 to CM for sigs I J 02-13-03 contracts to PD for Chief sig, prig to be back to us v — I _ 03-24-03 BACK TO PD FOR CHIEF SIG ON ADDENDUM #1 04-01-03 Benny Rincon, INCA will send us counterpart sigs 04-21-03 reed Addendum Al END OF REPORT` " x" INCA Narcotics Enforcement AGREEMENT #4624 'j M07242, 1-15-03 INLAND CRACKDOWN ALLIED (INCA) TASK FORCE MEMORANDUM OF UNDERSTANDING ,,44'g Memorandum of Understanding Table of Contents Memorandum of Understanding 1 I. Purpose 2 II. Mission Statement 2 IIL Executive Committee 2_3 IV. Management 3 V. Task Force Commander 3 VI. Overtime 3-4 VII. Equipment and property 4 VIII. Travel Expense 5 IX. Asset Forfeiture 5 X. Administration and Audit 5-6 XI. Non-Discrimination Clause 6 XII. Respective Responsibilities 6 XIIl. Workers' Compensation Insurance 6 XIV. Dishonesty Bond 6 XV. Other 7 XVI. Term of Agreement 7 XVIL Authorization 7-9 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by the California Department of Justice(hereinafter"DOJ"), Division of Law Enforcement(hereinafter"DLE"), Bureau of Narcotic Enforcement (hereinafter`BNE"), and the following participating agencies: • Beaumont Police Department • California Department of Alcohol Beverage Control(ABC) • Chino Police Department • Corona Police Department • Hemet Police Department • Palm Springs Police Department • Riverside Police Department • Riverside Sheriff's Department • U.S. Immigration and Naturalization Service NO ONE AGENCY CAN EFFECTIVELY WORK NARCOTIC ENFORCEMENT Memorandum of Understanding Table of Contents Memorandum of Understanding 1 I. Purpose 2 II. Mission Statement 2 III. Executive Committee 2-3 IV. Management 3 V. Task Force Commander 3 VI. Overtime 3-4 VII. Equipment and property 4 VIII. Travel Expense 5 IX. Asset Forfeiture 5 X. Administration and Audit 5-6 XI. Non-Discrimination Clause 6 XII. Respective Responsibilities 6 XIII. Workers' Compensation Insurance 6 XIV. Dishonesty Bond 6 XV. Other 7 XVI. Term of Agreement 7 XVII. Authorization 7-9 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding(MOU) is entered into by the California Department of Justice(hereinafter"DOJ"), Division of Law Enforcement (hereinafter"DLE"), Bureau of Narcotic Enforcement (hereinafter"BNE"), and the following participating agencies: • Beaumont Police Department • California Department of Alcohol Beverage Control(ABC) • Chino Police Department • Corona Police Department • Hemet Police Department • Palm Springs Police Department • Riverside Police Department • Riverside Sheriffs Department • U.S. Immigration and Naturalization Service NO ONE AGENCY CAN EFFECTIVELY WORK NARCOTIC ENFORCEMENT 2. I. PURPOSE The purpose of this memorandum is to set forth the responsibilities of the parties signing it, in an effort know as the Inland CrackDown Allied (INCA) Task Force. Use of this task force concept is intended to ensure a well-coordinated narcotic enforcement effort and increase the flow of narcotic-related intelligence information among the various law enforcement agencies in California. II. MISSION STATEMENT The INCA Task Force is a multi-agency narcotic task force with participation by federal, state, and local agencies targeting major Colombian and Mexican drug cartels within the Inland Empire region of the Los Angeles HIDTA, with emphasis in Riverside County. The primary focus of the task force is cocaine and money latmdering,with heroin and marijuana investigations as a secondary mission. When presented with a target of opportunity,the task force also investigates organizations that are involved in the sales and transportation of large quantities of methamphetamine. The intent of the task force is to significantly diminish the availability of these drugs to the Colombian and Mexican organizations and apprehend the responsible offenders, thereby increasing public safety. III. EXECUTIVE COMMITTEE The INCA Task Force will be governed by an Executive Board. • Structure-The Executive Board will consist of the Special Agent-in-Charge (SAC) of the Riverside BNE Regional Office or his/her designee; and the department heads of each participating agency or his/her designee. The participants of the board may change on a case-by-case basis. The Chainnan of the Executive Board shall be the SAC of the Riverside BNE Regional Office or his/her designee. • Participating Agency-A"Participating Agency" is an allied local, state, or federal law enforcement agency that has made a commitment of resources either on an on-going general commitment basis or on a case-by-case basis. • Role- The Executive Board shall meet on a quarterly basis, or as the Board deems fit, for the purpose of reviewing the activities of the INCA Task Force. The members shall have general responsibility for the oversight of INCA Task Force operations. • Policy Authority- The Executive Board shall be responsible for the INCA Task Force policies and operating procedures. The Board shall periodically review and evaluate INCA Task Force operations, goals, objectives,policies and procedures. In addition, the Board shall resolve member agency conflict with BNE policies and procedures. The selection or removal of personnel assigned to the INCA Task Force will be at the 3. discretion of the Executive Board. The Chairman of the Executive Board shall have final authority. IV. MANAGEMENT The administrative management and direction of INCA Task Force resources will primarily be the responsibility of the SAC through the Program Manager. The INCA Task Force will be staffed with state personnel made up of Special Agent Supervisors, Special Agents, Criminal Intelligence Specialists, Auditors, Property Controllers, and Clerical Support or equivalent classifications. Local, state and federal officers will be assigned to target specific organizations. BNE shall retain supervisory control of the personnel assigned to the INCA Task Force, with the agreement that all member agency personnel assigned to the INCA Task Force shall operate under the BNE Policy and Procedures Manual. V. TASK FORCE COMMANDER A Special Agent Supervisor(SAS) from BNE shall be the Program Manager of the INCA Task Force and will report to the Executive Board through the Chairperson of the Board. The Task Force Program Manager takes direction and supervision from his SAC,the Chairman of the Executive Board. The Program Manager will provide the Executive Board with quarterly and annual reports of INCA Task Force activities. Any personnel assigned to the INCA Task Force shall work under the immediate supervision of the INCA Task Force Supervisors and shall adhere to the published policies and procedures of BNE. The INCA Task Force Program Manager will be responsible for the management of the supervisors and the overall program. VI. OVERTIME The Legislation for the INCA Task Force Program authorizes the payment of overtime to local and state law enforcement officers as established by DOJ. Funding is not available for reimbursement to federal agencies. All overtime worked by BNE personnel and all state and local law enforcement officers must be with prior approval of the Program Manager or his/her designee. If an assignment, investigation or project requires overtime, the employee must get approval from the Program Manager or his/her designee. The authorized overtime rate DOJ can reimburse a participating agency officer is not to exceed the Special Agent Range C top step overtime rate (this figure will change with cost of living raises). A maximum of(95) hours of overtime in any calendar quarter can be reimbursed if operational needs require and if funds are available from DOJ. The SAC is responsible for ensuring the overtime payments are legitimate and not excessive. Reimbursement under this section is subject to the availability of funds. Payments will be based upon the rate of pay for 4. each participating agency officer on the list attached to this Memorandum of Understanding. Overtime will be reimbursed directly to the participating agency. The 95 hour cap is only as it relates to payment by BNE and not HIDTA, OCDETF, or other funds. The disclaimer on the "Overtime Reimbursement Invoice"must be signed by the supervisor of the participating agency payroll department verifying that the authorized hours were paid by the participating agency in accordance with FLSA regulations. FLSA requires overtime to be paid at a minimum rate of one-and-one-half tunes the standard rate. By signing this agreement, the participating agency agrees and understands that they will be in compliance with the Federal Labor Standards Act (FLSA) and are responsible for any amount above the authorized amount DOJ can reimburse. Each participating agency is responsible for providing their respective personnel with salaries, benefits and overtime in accordance with FLSA regulations. VII. EQUIPMENT & PROPERTY BNE will provide, out of annually appropriated finds, the necessary administrative funds and standard compliment of equipment to support the activities of the officers assigned to the INCA Task Force. Support shall include office space, administrative furnishings and supplies, specialized investigative equipment, specialized training, other requisite support and funds for the purchase of evidence and information. Each member agency agrees to provide their respective personnel with appropriate standard safety and investigative equipment and enforcement vehicle(s). Any and all property including equipment, furniture and furnishings, of whatever kind,or description, purchased or acquired with DOJ funds, shall be the property of DOJ, and at the termination of this agreement and whereupon no new agreement is reached, all property shall be returned to DOJ. Any DOJ property which is damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the INCA Task Force, shall be repaired or replaced by the agency of the responsible employee at the determination of the Executive Board. Equipment purchased with funds from the INCA Task Force Operation Fluid will be disposed of per the Operation Fund policy. When any equipment purchased with funds from the INCA account is dainaged or lost, a memo will be written by the agent or Task Force Officer(TFO) to the INCA Program Manager. A copy will be sent to the TFO's Agency. A decision to pay for the lost or damaged item will be made by the INCA manager and the TFO's Agency Manager. (1) (1) As agreed by Executive Board on 04/16/02 5. VIII. TRAVEL EXPENSE The INCA Task Force program authorizes the payment of travel expenses to state and local law enforcement officers assigned to the INCA Task Force. Funding is not available for reimbursement to federal agencies. For travel claim purposes,participating agency officers will be considered Volunteers. DOJ has adopted a policy of obtaining the services of Volunteers to assist the Attorney General in performing the duties of his Office under the "Volunteer Service Agreement." Travel expenses for federal officers may be paid from the INCA Task Force Operation Fund. • Appointment of Volunteers: No individual may be officially appointed as a Volunteer for the DOJ until the following forms have been completed and signed: a Volunteer Service Agreement, an Oath of Allegiance for persons employed by the State of California, and an Authorization to Use Privately Owned Vehicles on State Business. The originals will be filed with DOJ and a copy will be provided to the Volunteer. • Procedures: Vohmteers are subject to the same rules of conduct as state employees in general. Requests for reimbursement under the Volunteer Service Agreement must be submitted on Form 262, Travel Expense Claim, in accordance with the current contract in effect for Bargaining Unit 7, California Union of Safety Employees (CAUSE). Payments will be based upon the authorized travel and related expenses incurred as a result of an authorized investigation. The SAC of the regional office, or his/her designee, must approve and submit the original signed travel expense claim to BNE headquarters after determining the monies claimed are in accordance with the Volunteer Service Agreement and authorized in accordance with the Department of Personnel Administration regulations, Title 2, the State Administration Manual, Sections 0700 to 4100, and the current CAUSE contract. IX. ASSET FORFEITURE Based on the attached Asset Forfeiture Agreement(Attachment 42), proceeds derived from an asset forfeiture, under state or federal law, initiated in the course of investigations conducted by the INCA Task Force, will be shared equitably arnong member agencies. The equitable sharing will be based on the attached formula developed by the Executive Board. All forfeiture procedures and sharing will be based upon the appropriate provisions of state or federal law and policy. Modification to the attached Asset Forfeiture Agreement requires approval by the members of the Executive Board. X. 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 6. INCA Task Force expenditures shall be readily available for examination and audit by employees of BNE, DOJ and the Attorney General's Office, or any member agency. XI. NON-DISCRIMINATION 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. XII. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of the INCA Task Force 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 INCA Task Force operations. Personnel assigned to the INCA Task Force 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. There is no intent on the part of any agency in the INCA Task Force to create a separate legal entity subject to suit. XIII. WORKERS' COMPENSATION INSURANCE By law, all employers must provide workers' compensation benefits to employees, including special employees under their supervision,who are injured in the course of their employment. Task force members employed by other law enforcement agencies will be considered general employees of that agency and special employees of the Department of Justice. Pursuant to Insurance code Section 11663, the general employer will be liable for the entire cost of workers' compensation benefits payable on account of injury occurring in the course of and arising out of this special employment. XIV. DISHONESTY BOND Sate employees are covered under a bond protecting the state against thefts or embezzlement of state money or property and other dishonest acts of employees. The DOJ Volunteers are included in this bond. 7. XV. OTHER There shall be a system of checks and balances with regard to any intelligence or information gathered, that will require the necessary restrictions to protect each participating agency's integrity in terms of its mission, operational procedures, and regulations. XVI. TERM OF AGREEMENT The tern of this agreement shall be from Julv 1, 2002 , through December 31, 2003 . The term of this agreement may be terminated by any party for good cause shown by notice in writing to the Executive Board Chairman thirty(30) days prior thereof. An extension of this Memorandum of Understanding will be granted pursuant to the agreement of the Executive Board. See Addendum 91. XVII. AUTHORIZATION The participating agencies,by their duly authorized officials, have executed this Memorandum Of Understanding on the respective date indicated below. Bob Doyle, Sheriff Riverside Sheriff s Department SIGNATURE DATE Pete Hewitt, Chief Hemet Police Department SIGNATURE DATE Richard O. Gonzales, Chief Corona Police Department SIGNATURE DATE Angie Salacup, Chief U.S.I.N.S. ---OCDETF SIGNATURE DATE. 8. Dave Gill, District Administrator Department of Alcohol Beverage Control SIGNATURE DATE Patrick A. Smith, Chief Beaumont Police Department SIGNATURE DATE Edward J. Synicky, Special Agent in Charge Riverside BNE SIGNATURE DATE CITY OF RIVERSIDE a municipal corporation, Russ Leach, Chief Riverside Police Department SIGNATURE DATE By _ Date: John Holmes, City Manager Attest: Colleen J. Nicol, City Clerk APPROVED AS TO FORM: Gregory P. Priamos Supervising Deputy City Attorney s a municipal corporation, Gary Jeandron, Chief Palm SpringsPolice Department 4 2 114'5 SIGNA DATE B Date: David H. Ready, City Manage Attest: APPROVED AS TO FORM: City 10. ATTACHMENT#1 OVERTIME RATE FOR INCA TASK FORCE MEMBERS AGENCY. III OFFICER III OT RATE ABC Harris, Matt $41.74 BEAUMONT PD Geelan, Chris $36.84 CHINO PD CORONA PD Meyer, Tony $46.26 HEMET PD Pust, Eddie $40.95 PALM SPRINGS PD Abshire,Paul $44.18 RIVERSIDE PD Banks, Kendall $48.81 RIVERSIDE PD* Benoit, Paul $49.51** RIVERSIDE PD* Mullins, David $49.51** RIVERSIDE PD* Smail, Marcus $49.51** RIVERSIDE SD Lima, Greg $45.96 *PILOTS **MAX/MOU ,Y 16/24/2002 ATTACHMENT#2 INCA TASK FORCE ASSET FORFEITURE SHARE AGREEMENT DULY 19 2002 A. It is hereby agreed by those agencies that have entered into the Memorandum of Understanding (MOU) that 1. The Bureau of Narcotic Enforcement (BNE)will be responsible for processing any assets seized by the INCA Task Force with the prosecuting agency. 2. BNE will incur necessary expenses home by the INCA Task Force during an investigation, i.e., informant payment, drug purchases, etc. This may be supplemented by funds from the INCA Task Force Operations Fund per policy (Attachment#3). 3. Each participating task force agency will receive one (1) share of any monies seized, with the exception of BNE and Riverside Police Department. BNE will receive four (4) shares. Riverside PD will receive three (3) shares. a. At present, there are ten(10)participating agencies in the task force (BNE, Riverside PD,Riverside SD, Heiner PD, U.S. Immigration and Naturalization Service(OCDETF), Chino PD, Corona PD, California Department of Alcohol Beverage Control (ABC), Palm Springs Police Department, and the Beaumont Police Department. 1. b. The total number of shares as of July 1, 2002, is fourteen (14). BNE =4; Riverside PD=3; Riverside SD = 1; ABC = 1; Corona PD = 1; Chino PD = 1; Pahn Springs PD= 1; Beaumont PD = 1; and Hemet PD = 1. (1) The City of Riverside agreed on June 3, 1991 to provide a helicopter for use by the INCA Task Force. The Riverside PD receives two additional shares to cover the expense of the helicopter. (a) The helicopter will be provided by Riverside PD to the INCA Task Force on demand, unless unusual circumstances prevent it. (2) INS will receive no (0) shares. (3) The percentage to be distributed to a participating agency will be determined by dividing their respective share(s) by the total number of shares. (4) If an agency has removed its TFO for a period of two months or more, that agency will not share in any seizures by the Task Force after that two month period. B. It is finther agreed that 1. When additional agencies join or additional personnel are assigned by a participating agency to the INCA Task Force, the total number of shares will increase. a. The percentage allotted to each agency will therefore decrease. 2. C. It is also agreed that 1. When INCA Task Force is assisted by a law enforcement agency not represented in the INCA Task Force, BNE will compensate that agency/those agencies from BNE's share. 2. Real estate will be sold and proceeds will be divided as per A-3. 3. Any vehicles and cellular phones seized and forfeited will be sold or auctioned as per current state law and the proceeds distributed as per A-3. D. This agreement shall be a part of the Memorandimi of Understanding entered into by the INCA Task Force member agencies. 3. ATTACHMENT#3 INCA TASK FORCE OPERATION FUND POLICY JULY 19 2002 A. The INCA Task Force Executive Board has established a fund for the following purposes: 1. Purchase of equipment 2. Payment of services rendered 3. Payment to informants who provide information or assistance to the task force that results in the arrest of narcotic traffickers and/or the seizure of illegal drugs or profits from the sale of illegal drugs. 4. Training for task force members. B. An account is maintained by a member agency of the INCA Task Force and is funded by forfeited assets of seizures in which the task force was involved. The following governs the INCA Task Force Fund: 1. On any forfeiture of$3,000 or less, all funds to law enforcement will be deposited in the Operation Account, 2. Five percent(5%) of any forfeiture over$25,000will be deposited in the account. a. If forfeiture is less than $25,000, no funds will be dispersed to the account unless the forfeiture is $3,000 or less [per(1) above]. b. A maximum of$200,000 will be maintained in the account. At no time will the balance go over$200,000,without approval of the Executive Board. 3. The five percent(5%) to the accowit will be calculated prior to disbursement to the member agencies of the INCA Task Force or to any assisting agency. 1. INCA Task Force Operation Fund Policy a. Any amounts required by law will be paid first, e.g., General Fund, District Attorney's office, etc. 4. Compliance with BNE Policy and Procedures Manual Section 11.0 (Informant Procedures) is mandatory. a. A BNE Informant Control Number must be assigned to every informant before payment can be made. 5. Three members of the Executive Board shall approve any extraordinary expenses from the INCA account, such as / a. Payments to informants b. Expenditures on equipment over$5,000. 6. Routine expenditures will be approved by the Chairman of the Executive Board. 7. Any equipment purchased with fimds from this account will be placed into service for use by the INCA Task Force, but may be loaned out to member agencies of the task force. 8. The INCA Task Force Program Manager shall keep accurate records on this account, reflecting deposits and expenditures. a. The Quarterly Report will include this information. 9. If the INCA Task Force is dissolved, any remaining funds will be disbursed back to the member agencies as per the Asset Forfeiture Share Agreement in existence at the time of dissolution. ri 06/24/2002 2. ADDENDUM#1 On January 14, 2003, at its regularly scheduled meeting, the Inland Crackdown Allied (INCA) Task Force Executive Board passed a motion to extend the term of the current Memorandum of Understanding(M.O.U.) from December 31, 2003 until June 30, 2005. Signatures below by each agency head or his/her designee will attest to their approval of this motion. Name Bob Doyle, Sheriff Riverside Sheriff's Department SIGNATURE DATE Pete Hewitt, Chief Hemet Police Department _ SIGNATURE DATE Richard O. Gonzales, Chief Corona Police Department _ SIGNATURE DATE Angie Salacup, Chief U.S.I.N.S. ---OCDETF SIGNATURE DATE Dave Gill, District Administrator Department of Alcohol Beverage Control SIGNATURE DATE 1. Patrick A. Smith, Chief Beaumont Police Department SIGNATURE DATE Edward J. Synicky, Special Agent in Charge Riverside BNE SIGNATURE DATE CITY OF RIVERSIDE a municipal corporation, Russ Leach, Chief Riverside Police Department SIGNATURE DATE By Date: Jolni Holmes, City Manager Attest: Colleen J. Nicol, City Clerk APPROVED AS TO FORM: Gregory P. Priamos Supervising Deputy City Attorney 2. CITY OF PALM SPRINGS a municipal corporation, Gary Jeandron, Chief `a Palm S rin sPolice Department ��� SIGNAT DATE Date: David H. Ready, City agar/ Attest: �q.� f]�p� 1Rq�g�' u1 P A"� �°Lf' b Yv..I� TIT City Clerk ' /a AY _ APPROVED AS TO FORM: Cit rney 3.