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HomeMy WebLinkAboutSan Diego County Regional Auto Theft Task Force MOUMEMORANDUM OF UNDERSTANDING San Diego County Regional Auto Theft Task Force This Memorandum of Understanding (MOU) is being executed by the below listed agencies in connection with the San Diego County Regional Auto Theft Task Force (RATT) which was initiated on or about July 1, 1991 The agencies listed below jointly and severally agree to abide by the terms and provisions of this MOU throughout the duration of this joint operation. This supersedes the MOU dated November 12, 1998. 1. California Highway Patrol, Border Division (CHP) 2. Carlsbad Police Department 3. Chula Vista Police Department 4. Coronado Police Department 5. Department of Insurance, California 6. Department of Motor Vehicles, California 7. District Attorney, County of San Diego 8. El Cajon Police Department 9. Escondido Police Department 10. Federal Bureau of Investigation (FBI) 11. La Mesa'Police Department 12. National City Police Department 13. Oceanside Police Department 14. Probation Department, San Diego County 15. San Diego Police Department 16. San Diego County Sheriff's Department 17. United States Attorney 1 Amended 2/16/10 The activities of the state and local participants in the joint effort described in this Memorandum are funded by a $1 vehicle registration fee authorized by Vehicle Code Section 9250.14 until January 1, 2018. San Diego County Board of Supervisors Resolution 9242, dated February 4, 1992, approved its implementation. The moneys collected by the Department of Motor Vehicles would be allocated to the County of San Diego to be expended under the guidelines set forth in the legislation. All references in the Memorandum to "payment(s) by the County of San Diego," or similar wording are related to and dependent on the moneys allocated to the County of San Diego. The County of San Diego General Fund shall not be used for any reimbursements, payments, et cetera, related to the Auto Theft Task Force. PURPOSE AND MISSION To effectively communicate with stakeholders to reduce the incidence of vehicle and cargo theft and increase the apprehension and prosecution of professional thieves using regional, proactive investigative methods and public education programs. 1. TASK FORCE OBJECTIVES A. Incorporate regional resources to reduce vehicle and cargo thefts by concentrating on complex investigations rather than targets of opportunity. B. Identify organizations that use vehicle theft to commit federal crimes, i.e., transporting undocumented aliens and import / exporting stolen vehicles in and out of Mexico. C. Use contemporary technology to develop investigation and prosecution strategies to reduce vehicle theft, cargo theft, and to increase recovery rates. D. Develop investigation and prosecution strategies that will have significant and measurable impact on targeted areas. E. Investigate and arrest those persons who report vehicles stolen in an attempt to defraud insurance companies. 2. TASK FORCE DESCRIPTION The Regional Auto Theft Task Force was formed in 1992, and is funded by a one dollar ($1) vehicle registration fee authorized by Vehicle Code Section 9250.14. The San Diego County Board of Supervisors Resolution 9242, dated February 4, 1992, approved implementation of the legislation and requested the Department of Motor Vehicles to collect the funds for allocation to the county to enhance the 2 Amended 2/16/10 RATT program to deter, investigate and prosecute vehicle theft crimes. Vehicle Code Section 9250.14 was to be repealed on January 1, 2010. However, Assembly Bill 286 extended the repeal date until January 1, 2018. The annual funding provided to RATT is approximately $2,600,000 which is used to pay salaries and benefits of supervisors and detectives, the purchase of supplies and equipment, provide necessary training and lease office space. Currently, the San Diego County Regional Auto Theft Task Force is comprised of 18 detectives and 3 supervisors from 14 federal, state, and local police agencies in San Diego County, the San Diego County District Attorney's Office, the San Diego County Probation Department and the United States Attorney's Office. Investigators from the Department of Insurance and the National Insurance Crime Bureau also participate on the task force. GENERAL AGREEMENTS It is agreed between participants: PARTICIPANTS The San Diego County RATT will be comprised of Police Officers, Sheriff's Deputies, California Highway Patrol Investigators (CHI'), a Probation Officer, Special Agents from the Federal Bureau of Investigation (FBI), Department of Insurance, National Insurance Crime Bureau, and the Department of Motor Vehicles, a District Attorney Investigator, Deputy District Attorneys and Assistant United States Attorneys. 2. EXECUTIVE COMMITTEE The Regional Auto Theft Task Force shall be headed by an Executive Committee. The Executive Committee Chairman shall be appointed by the Chairman of the San Diego Sheriff and Police Chiefs Association. In addition, other members of the Executive Committee will include a member from the San Diego County Board of Supervisors, the Chief of the San Diego Police Department, the San Diego County District Attorney, the San Diego County Sheriffs Department, the Special Agent in Charge of the FBI, the Chief of the California Highway Patrol, and three of the representatives from the San Diego Sheriff and Police Chief s Association. The latter three representatives are to be appointed by the Chairman of the Sheriff and Police Chief's Association, Members of the Executive Committee shall meet as needed together with the Task Force Commander, in conjunction with the monthly Sheriffs and Police Chiefs Association meeting, but not less than once a year, to discuss Task Force operations and to provide oversight and guidance to the Investigative Operations Committee (IOC) and the Task Force Commander. 3. INVESTIGATIVE OPERATION COMMITTEE (IOC) 3 Amended 2/16/10 a representative from the San Diego County District Attorney's Office and the CRP; and a Captain from each of the three police departments; to be chosen and appointed by the Chairman of the Executive Committee. The IOC will assist the Task Force Commander in obtaining resources, including funds, personnel, equipment, vehicles, and other items required to support the mission of the Task Force. The IOC will assist the Task Force Commander in the development of administrative procedures, investigative objectives, and strategies. The IOC will also assist the Task Force Commander in the preparation of reports for presentation to the Executive Committee, The IOC will meet as needed, but not less than quarterly, to discuss Task Force operations. 4. TASK FORCE COMMANDER The Task Force Commander will be selected by and be directly accountable to the Executive Committee. The Task Force Commander may call upon the IOC for support and guidance as listed in the above section. The Task Force Commander shall prepare a quarterly written report of on -going and completed investigations for each team, the number of hours (including overtime), and any funds expended on each case. This report shall be provided to the members of the Executive Committee and the Investigative Operations Committee. S. ISSUE RESOLUTION As operationalissues arise, they will be mutually addressed and resolved by team leaders and the Task Force Commander. If these problems cannot be resolved, they will be presented to the IOC for resolution. It is agreed, however, that resolution of operational problems at the lowest possible level is in the best interest of the RATT. 6. CLERICAL Clerical personnel shall be provided to the Task Force to facilitate normal clerical duties associated with an investigative unit. Positions will be staffed through the County and all salaries, overtime, and benefits will be paid by the County of San Diego, except for any clerical personnel provided by the FBI. All clerical personnel will operate at the RATT facility. 7. PERSONNEL The Task Force shall be designed to bring from the various agencies the highest level of experience and expertise to jointly combat vehicle theft. To that end, the Task Force will be staffed as follows: 4 Amended 2/161I0 A. INVESTIGATIONS The teams will be staffed by personnel recommended for assignment to the Task Force from participating departments, Final selection shall be the responsibility of the Task Force Commander with the approval of the IOC. Assignment to the Task Force shall normally be for a period of three years. Extensions may be granted with the consent of the Task Force Commander and the employee's department. Extensions will be reviewed semi-annually and granted based on employee performance, If the Task Force Commander has cause to replace a member, the issue will first be discussed with the contributing agency. The Task Force Commander and/or the contributing agency will have the authority to remove and/or replace personnel. If the participating agency does not concur with the decision of the Task Force Commander to remove and/or replace a Task Force member, the issue shall be forwarded to the IOC for final decision. Personnel performance and progress for each Task Force member will be provided to the contributing agency as needed, but not less than semi- annually. S. INVESTIGATIVE STRATEGY The routine investigative strategy regarding case development and direction will be the responsibility of the Task Force Commander, The offices of the District Attorney and the United States Attorney should be contacted on a regular basis for legal opinions and guidance. It is intended that full use be made of the vertical prosecution process. This is interpreted to mean that team supervisors communicate with the assigned attorney at the earliest logical moment of the investigation, and work together to build a case from inception through final adjudication. 9. INFORMANTS The use of informants will be consistent with the United States Attorney's General and San Diego County District Attorney's Office guidelines. 10. CROSS-DEPUTIZATION It is agreed that all local and state investigators participating in the San Diego RATT will be sworn as Deputy US Marshals. The Deputy US Marshal status and Peace Officer status of officers and agents, respectively, will apply only so long as they are active members of the San Diego RATT, 5 Amended 2/16/10 11. PROSECUTION Criminal cases, which present only violations of California state law, shall be presented to the Task Force Deputy District Attorney. Criminal cases, which present only violations of federal law, shall be presented to an Assistant United States Attorney. Cases which, present violations of both state and federal law, shall be presented to a Deputy District Attorney and an Assistant United States Attorney to determine the appropriate forum in which to prosecute the case. 12. LIABILITY Each party to this Agreement agrees to defend, indemnify, and hold harmless the other parties to this Agreement to the extent that any liability is imposed on those parties due to the acts or omissions of the party's employees. In addition, the parent agency shall also be liable for any workers compensation or similar benefits due to its employee. 13. HOUSING A centrally located office space has been leased to house the entire Task Force. Payment of the lease is the responsibility of the County of San Diego. 13. EQUIPMENT Each participating department shall provide one vehicle, including gas and maintenance, for each of their investigators or supervisors assigned to the Task Force. The procurement and allocation of resources is the responsibility of the Task Force Commander. The IOC will provide support as required. 14. UNDERCOVER DOCUMENTS The use of covert identities to support or enhance undercover operations is essential, This will require the issuance of undercover California Driver's Licenses and credit cards; the procurement, utilization, and control of these documents will be such as to assure they are properly accounted for at all times and are used only for authorized purposes. 15. ASSET SHARING To support and continue joint participation of local law enforcement in the San Diego County RATT, it is the intent that assets seized by the RATT will be used to enhance future RATT operations. Both state and federal seizure procedures shall be used consistent with the applicable federal and state forfeiture laws and regulation. (This issue, however, is to be addressed in detail by separate agreement.) 6 Amended 2/16/10 17. FISCAL PROCEDURES A. PAYROLL All personnel assigned to the RATT will be paid by their respective departments. It will be the responsibility of the Task Force Commander to accurately report the number of hours expended by RATT personnel. B. SPECIAL FUND The San Diego RATT shall maintain $10,000 to be used for the purpose of furthering investigations related to the Task Force's mission of combating professional vehicle theft. The Special Funds shall be kept in a place of security within the Task Force office. Only the Task Force Commander or his/her designated alternate is authorized access to the Special Fund. C. CLAIM FOR REIMBURSEMENT Agencies seeking reimbursement for Task Force activities shall submit a detailed statement of expenses in prescribed format to the Task Force Commander within 30 days following the end of each quarter. Only basic salary and related benefit costs, including overtime paid at time and one- half up to 240 hours, will be reimbursed by the County of San Diego. Such reimbursement shall not be applicable to FBI participants on the Task Force. Upon approval of the Task Force Commander, a claim for reimbursement will be forwarded to the County of San Diego for payment within 30 days. Reimbursement to participating agencies may fluctuate due to shortages in revenue. In no event will general revenues of the County be used to offset any such shortage. Requisitions for all materials and services related to Task Force activities must have the prior approval of the Task Force Commander. The approved expenses will be forwarded to the San Diego District Attorney's Office for final approval and payment. D. RIGHT TO AUDIT . Each party to the Agreement shall, subject to any pertinent legal and/or policy reasons, make available to the County at all reasonable times its payroll and other records relating to this agreement. The County may audit such records, and, if the County determines that ineligible costs have been reimbursed, the agency shall immediately repay the amount determined to be ineligible to the County. The County may also withhold the amount determined to be ineligible from future reimbursement. The parties shall maintain the required records for a period of three years after the date the expense is reimbursed. 7 Amended 2/16/10 E. FISCAL ACCOUNTING The office of the District Attorney receives all source funds for the Regional Auto Theft Task Force. The District Attorney is the financial administrator for the Regional Auto Theft Task Force. The District Attorney shall provide quarterly reports to the Executive Committee and the Task Force Commander. 19. STANDARD OPERATING PROCEDURES (SOP) All Task Force members shall review and abide by the Standard Operating Procedures Manual which shall be prepared by the Task Force Commander. The SOP shall specify policies and procedures for the Task Force. 20. TERM OF AGREEMENT This Agreement, contingent upon available funding, became available commencing on June 1, 1993, and will terminate when funding, pursuant to Vehicle Code Section 9250.14, becomes unavailable. Participating agencies may elect to terminate the Agreement prior to its designated termination date. Any agency desiring to terminate its participation in this Agreement shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. 21. SIGNATURES The undersigned represent that they have the authority to execute this Agreement on behalf of their respective agencies/departments and, in signing this Agreement, represent a concurrence with and support of the San Diego County Regional Auto Theft Task Force as set forth in this Agreement and for the period and purposes as stated herein. 8 Amended 2/16/10 CHIEF GARY DOMINGUEZ California Highway Patrol Border Division Date L•'2_9- 2 tO CHIEF T -i► Date Carlsbad Police Department D CHIEF DAVI I ARANO Chula Vista Police Department Date IEF L UIS SCANLON Date Coronado Police Department Stob:3a ISION CHIEF JOHN STANDISH California Department of Insurance /d 7-142-1U Date P/Z. /0 TIFF KAHRYN DOO Date California Department of Motor Vehicles DISTRICT ATTORNEY BONNIE DUMANIS Date County of San Diego 9 Amended 2116/10 CHIEF PA RECCO El Cajo `• ce Department CHIEFZJIM MAHER Escondido Police Department Date Date 11(4 a SPECIAL AGENT IN CHARGE KEITH SLOTTER Date Federal Bureau of Investigation, San Diego Office CHIEF ALAN L Date ANNING artrne Departme La Mesa Police p CHIEF ADOLFO GONZALES National City Police Department CHIEF FRANK MCCOY Oceanside Police Department Date Date 7 1� td CHIEF PROB ' TION Ii FFI ER MACK JENKINS D. to San Diego County Pro ation 10 Amended 2/16/10 CHIE W San Diego SHERIFF WILLIAM GORE San Diego County Sheriff's Department HONORABLE LAURA E, r FF United States Attorney Southern District of California M LANSDOWNE lice Department ‘// Date Da�� tAdr., / 2-/3/10 Date 11 Date Amended 2/16/10