HomeMy WebLinkAbout9/4/2002 - STAFF REPORTS (9) DATE: SEPTEMBER 4, 2002
TO: CITY COUNCIL
FROM: CHIEF OF POLICE
PARTICIPATION IN THE STATE OF CALIFORNIA BUREAU OF NARCOTICS
ENFORCEMENT INLAND CRACKDOWN ALLIED (INCA) TASK FORCE
RECOMMENDATION:
It is recommended that the City Council approve an agreement with the State of California
Bureau of Narcotics Enforcement (BNE) to allow our continued participation in the Bureau
of Narcotics Enforcement's Inland Crackdown Allied (INCA) Task Force, with an option to
extend that agreement for an additional three years.
SUMMARY:
Each year since 1993, the City of Palm Springs has entered into an agreement with the
State of California Bureau of Narcotics Enforcement (BNE) to continue participation in the
Inland Crackdown Allied (INCA) Task Force. The State BNE reimburses the City for the
overtime worked by the officer participating in the Task Force. By participating in this Task
Force the City shares in any assets seized by this Task Force. In the past two years the
City of Palm Springs has received over $200,000 from our participation in this Task Force.
BACKGROUND:
Since September 1993, the Palm Springs Police Department has been participating in the
Bureau of Narcotics Enforcement Inland Crackdown Allied (INCA) Task Force by having
an officer assigned to that Task Force. The Bureau of Narcotics Enforcement supports the
efforts by reimbursing the City for the overtime worked by the officer assigned to the Task
Force. The City also shares in any assets seized by this Task Force. In the past two
years the City has received over $200,000 by participating in this Task Force.
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Chief of Pol ce fr,«-d a `M
Approved
City Manager
Attachment:
1. Agreement
2. Minute Order
INLAND CRACKDOWN ALLIED
(INCA) TASK FORCE
MEMORANDUM OF UNDERSTANDING
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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
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding(MOU) is entered into by the California Department of
Justice (hereinafter"DOT'), 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
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1.
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 laundering, 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-iun-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 Chairman 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
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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
tinder 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 fi-om 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
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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 times 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 DOI 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 funds, 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 Fund will be disposed of
per the Operation Fund policy. When any equipment purchased with funds from the INCA
account is damaged 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
4.
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 Find.
• 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: Volunteers 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 Persomiel
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#2), 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 among 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
5.
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 tinder 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.
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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 tenn of this agreement shall be from July 1, 2002 , through December 31, 2003 . The
tenn 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.
XVII. AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this Memorandum
Of Understanding on the respective date indicated below.
Gene Hernandez, Chief
Chino Police Department
SIGNATURE DATE
Larry Smith, Sheriff
Riverside Sheriff's Department
SIGNATURE DATE
Pete Hewitt, Chief
Hemet Police Department
SIGNATURE DATE
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7.
Richard O. Gonzales, Chief
Corona Police Department
SIGNATURE DATE
George Guzman, Chief
U.S.I.N.S. ---OCDETF
SIGNATURE DATE
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
8.
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
9.
CITY OF PALM SPRINGS
a municipal corporation,
Gary Jeandron, Chief
Palm SpringsPolice Department
SIGNATURE DATE
By Date:
David H. Ready, City Manager
Attest:
City Clerk
APPROVED AS TO FORM:
City Attorney
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10.
ATTACHMENT#I
OVERTIME RATE FOR
INCA TASK FORCE MEMBERS
ABC damaw $41.74
BEAUMONT PD $36.84
CHINO PD
CORONA PD =mom $46.26
HEMET PD aft� $40.95
PALM SPRINGS PD ANNEWN016p $44.18
RIVERSIDE PD $48.81
RIVERSIDE PD* $49.51**
RIVERSIDE PD* $49.51**
RIVERSIDE PD* $49.51**
RIVERSIDE SD $45.96
*PILOTS **MAX/MOU
Yr
06/24/2002
ATTACHMENT#2
INCA TASK FORCE
ASSET FORFEITURE SHARE AGREEMENT
JULY 11, 2002
A. It is hereby agreed by those agencies that have entered into the Memorandums 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 borne 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, Hemet PD, U.S. Immigration and
Naturalization Service (OCDETF), Chino PD, Corona PD, California
Department of Alcohol Beverage Control (ABC), Palm Springs Police
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Department, and the Beaumont Police Department.
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; Palm 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, rmless 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.
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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 Memorandum of Understanding entered into by the
INCA Task Force member agencies.
3.
ATTACHMENT 43
INCA TASK FORCE
OPERATION FUND POLICY
DULY 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 account will be calculated prior to disbursement to
the member agencies of the INCA Task Force or to any assisting agency.
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1.
INCA Task Force Operation Fund Policy
a. Any amormts 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 inforniant
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 funds 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.
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06/24/2002
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September 4, 2002
To: PALM SPRINGS CITY COUNCIL
From: LANNY SWERDLOW
ACLU Desert Pass Chapter
Subject: Request for Consent Calendar Item #7 concerning approval of
contract with Inland Crackdown Allied (INCA) Task Force be pulled from
Consent Calendar for further research and citizen input.
My name is Lanny Swerdlow. I represent the Desert Pass Chapter of the American Civil
Liberties Union.
You have a recommendation by the Chief of Police for continued participation in the
Inland Crackdown Allied Task Force. Not only is the name frightening, but what it does
is frightening. With the lure of asset forfeiture, it uses the siren song of money for
nothing to corrupt even the most progressive of governments.
The ACLU believes that asset forfeiture laws violate the 14`h amendment in that it
deprives a citizen of their property without due process of law.
Judge James Gray, Superior Court Judge for the state of California, has written, "The
statutory scheme involving asset forfeiture is unprecedented in U.S. legal history.Not
only can property be forfeited without a criminal conviction, it is estimated that about 80
percent of the people whose property is taken are not even charged with a criminal
offense. In other words,property owners are presumed to be guilty.Never before in the
history of U.S.jurisprudence has the burden been placed on individual citizens to prove
their innocence."
The U.S. Supreme Court has upheld asset forfeiture saying that it is against the property
and not the individual. But having your home, car or business seized certainly seems like
a punishment. Hopefully this decision will eventually be reversed like the June 2002
decision declaring that it is unconstitutional to execute a mentally retarded individual,
which reversed the ruling in 1989 that allowed such executions.
Just because the Supreme Court upheld a bad law doesn't mean you should embrace it.
One would hope that as an ethical leader,you would oppose any government program
that denies citizens the rights and liberties provided for in our constitution.
However if you are loath to do the right thing for ethical and constitutional reasons,
perhaps the bottom line might motivate you.
The City of Palm Springs is a partner in INCA and receives 1/15`h of all assets seized.
When you receive benefits from a program,you are also liable for any losses.
Newspapers constantly report busts go awry where police break into the wrong house and
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either injure or even kill someone. The victims of mistaken raids have obtained lawsuits
totaling millions of dollars. INCA also makes extensive use of informants and just last
month the city of Brea paid one million dollars to settle a lawsuit for not providing
adequate police protection to an informant who was murdered.
Nowhere in this contract do I see either a hold harmless or indemnity clause. The city of
Palm Springs might very well be liable for any negligent or malicious actions taken by
this agency.
In addition, Palm Springs Police Officer Paul Abshire informed me that he no longer
represents the city on the task force and due to budgetary restraints, Palm Springs will not
have a representative to INCA until January. So I see no need to rush to judgment and
have this item included in today's consent calendar along with fabric roofs and payroll
warrants.
I hope you realize that this is an issue of significant concern that needs further discussion,
I ask for one city council member to pull this from the consent calendar to allow for
additional research and citizen input. Thank you.
2
MINUTE ORDER NO.
APPROVING AN AGREEMENT WITH THE STATE OF
CALIFORNIA BUREAU OF NARCOTICS ENFORCEMENT
(BNE) TO ALLOW OUR CONTINUED PARTICIPATION IN
THE BUREAU OF NARCOTICS ENFORCEMENT'S INLAND
CRACKDOWN ALLIED (INCA) TASK FORCE, WITH AN
OPTION TO EXTEND THAT AGREEMENT FOR AN
ADDITIONAL THREE YEARS.
I HEREBY CERTIFY THAT this Minute Order, approving an agreement with the State of
California Bureau of Narcotics Enforcement (BNE) to allow our continued participation in
the Bureau of Narcotics Enforcement's Inland Crackdown Allied (INCA) Task Force, with
an option to extend that agreement for an additional three years, was adopted by the City
Council of the City of Palm Springs in a meeting thereof held on the 4th day of September,
2002.
City Clerk