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HomeMy WebLinkAboutA3773 - DEPT JUSTICE NARCOTIC ENFORCEMENT POLICE MO 5920 U.S. Dept of Justice - BNE Inland Crackwon Allied Task Force - Multi-Agency Agr AGREEMENT #3773 M05920, 3-5-97 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: 1. Brea Police Department 2. Riverside Police Department 2� Uv /Co" 3. Chino Police Department 4. Riverside Sheriffs Department 5. Hemet Police Department 6. Corona Police Departmente'i ✓ ��� 7. California Highway Patrol 7 19 7 8. U.S. Immigration and Naturalization Service 9. U.S. Internal Revenue Service 10. San Jacinto Police Department 11. Palm Springs Police Department 12. California Department of Alcohol Beverage Control (ABC) NO ONE AGENCY CAN EFFECTIVELY WORK NARCOTIC ENFORCEMENT 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 regionally and increase the flow of narcotic-related intelligence information among the various law enforcement agencies in California. 11. 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 cocaine cartels within the Inland Empire region of the Los Angeles HIDTA. The primary focus of the task force is cocaine and money laundering investigations, with heroin and marijuana interdiction as a secondary mission. The task force also assists the Inland Empire Clandestine Laboratory Task Force (IECLTF) in the investigation of Mexican organizations involved in the sales/transportation of methamphetamine. The intent of the task force will be to significantly diminish the availability of these drugs to the Colombian and Mexican organizations and apprehend the responsible offenders, thereby increasing public safety. The task force will also workjoinlly with the California Highway Patrol in the Canine Narcotic Enforcement Team (C-NET), targeting vehicles on the major freeways traveling to and from Mexico struggling drugs into the United States and U.S. currency out of the country. 111. EXECUTIVE COMMITTEE The INCA Task Force will be governed by an Executive Comnnittee. • Structure - The Executive Committee 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 conunittee may change on a case-by-case basis. Therefore, an Addendum of Membership Changes will be attached to this agreement on an as-needed basis. The Chairman of the Executive Committee shall be the SAC of the Riverside BNE Regional Office or his/her designee. • Participating Agency-A "Partoipating 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. 2 • Role -The Executive Committee shall meet on a semi-annual basis, or as the Committee deems fit, for the purpose of reviewing the activities of INCA Task Force. Also,the members shall have general responsibility for the oversight of INCA Task Force operations. • Policy Authority- The Executive Conunittee shall be responsible for INCA Task Force policies and operating procedures. The Committee shall periodically review and evaluate INCA Task Force operations, goals, objectives, policies and procedures. In addition, the Committee 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 discretion of the Executive Committee. The Chainnan of the Executive Conunittee shall have final authority. IV. MANAGEMENT The administrative management and direction of INCA Task Force resources will primarily be the responsibility of the SAC. The INC.A Task Force will be staffed with state personnel made up of Special Agent Supervisors, Special Agents, Criminal Intelligence Specialists, Auditors, Property Controllers, 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 wider the BNE Policy and Procedures Manual. V. TASI( FORCE COMMANDER A Special Agent Supervisor(SAS) from BNE shall be responsible for commanding the INCA Task Force and will report to the Executive Committee through the Chairperson of the Conunittee. The Task Force Commander takes direction and supervision from his SAC, the Chairman of the Executive Committee. The Task Force Commander will provide die Executive Committee with quarterly and annual reports of INCA Task Force activities. Any personnel assigned to the INCA Task Force shall work under the inunediate supervision and direction of the INCA Task Force Commander and shall adhere to the published policies and procedures of BNE. 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. 3 All overtime worked by BNE personnel and all state and local law enforcement officers must be with specific prior approval of the SAC or his/her designee. If an assignment, investigation or project requires overtime, the employee must notify the SAC or his/her designee prior to working. All SAC's are to closely monitor overtime and Headquarters is to complete a quarterly review. 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 corder this section is subject to the availability of funds. Payments will be based upon the rate of pay for each participating agency officer on the list attached to this Memorandum of Understanding. Overtime will be reimbursed directly to the participating agency. 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 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 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, 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. 4 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 Committee. Equipment purchased with funds from the INCA Task Force Operations Fund will be disposed of per the Operation Fund policy. 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." • 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 in accordance with 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 (Addendum #1), proceeds derived from an asset forfeiture, under state or federal law, initiated in the course of investigations conducted by 5 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 Committee. 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 in writing by the members of the Executive Committee. 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 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. 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. XII. RESPECTIVE RESPONSIBILITIES For the purpose of indemnification, each participating agency of 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. 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 inununities 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. 6 XIV. DISHONESTY BOND State 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. XV. OTIIER 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 term of this agreement shall be from January 1. 1997 , through July 1. 1999 The term of this agreement may be terminated by any party for good cause shown by notice in writing to the Executive Committee chairman thirty (30) days prior thereof. An extension of this Memorandum of Understanding will be granted pursuant to the agreement of the Executive Committee. XVII. AUTHORIZATION The participating agencies, by their duly authorized officials, have executed this Memorandum Of Understanding on the respective dates indicated below. Edward J. Synicky, Special Agent-in-Charge Riverside BNE IGNA DATE William e p, rtmef / 1:1� - , y,�� ��6 �7 Brea Policc De e Department SIGNA/ DATE Ken Fortier, Chief Riverside Police Department V 7� SIGNATURE DATE Richard Sill, Chief Chino Police Department SIGNATURE 7 Larry Smith, Sheriff '^ Riverside Sheriff's Department SIG ATU DATE Lee Evanson, Chief Hemet Police Department 1„�/ ���U �— �` r 17 SIGNATURE DATE John Cleghom, Chief Corona Police Department SIG TUBE DATE Roland K. Dell, Chief / California Highway Patrol SIGNATURE DATE John Del George, Senior Special Agent U.S. I.N.S. -- OCDETP SIGNATURE DATE Steven V. Giorgi, Acting Chief � J U.S. Internal Revenue Service CID - E ' I- ''• SIGNATURE DATE Nat Holmes, Cuef San Jacinto Police Department /� s - /6- 97 SIGNATURE!) DATE Gene K rings P, Chief Palm Springs Police Department `�- SIGNATURE DATE Jack Brewer, District Administrator Department of Alcohol Beverage Control L -! 7 SIGNATURE DATE Ik 1/14/97 3- S 97 I1377.3 s ,Sppolp�M,4 i U. S. Depai-fin of Justice 74 c Drug Enforcement Administration —�" . Riverside District Office 9 a�.IWN 6377A Riverside Ave. , Ste. 220 Riverside, CA 92506 909/276-6642 December 9, 1996 Gene Kulander Palm Springs Police Department P. 0. Box 1830 Palm Springs, CA 92263 Dear Chief Kulander: Enclosed for your records is a signed copy of the Riverside DO State/local Task Force Methamphetamine Group Agreement for Fiscal Year 1997. Very truly yours, Gerard B. Murphy Assistant Special Agent in Charge Encs.