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HomeMy WebLinkAbout2014 CON California Highway Patrol - Narcotics InvestigationsMemorandum of Understanding Page 1 MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS (5-I-H o-F Na-ti I C'G-h� ) This is a Memorandum of Understanding (MOU) between the National City Police Department (NCPD), hereafter known as the "Signatory Agency" and the California Highway Patrol (CHP) San Diego Area regarding narcotics investigations originated by the CHP. PURPOSE The purpose of this MOU is to establish when the Signatory Agency should be notified and offered the opportunity to handle drug investigations originated by the CHP. CALL OUT PROCEDURES The CHP San Diego Area will notify and request on -scene assistance from the Signatory Agency when one or more of the following circumstances occur: 1. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant to Section 11470 of the Health and Safety Code (HSC) (i.e., possession for sale, transportation, manufacturing, or conspiracy related to drugs) or federal law pursuant to Title 21 of United States Code (USC), Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering offenses). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufacturing operations. B. Money linked to drug transactions (Minimum currency amount for call -out of the Signatory Agency may be specified). C. Amount of drugs makes conveyance seizable (Section 11470(e) HSC): i. 14.25 grams (half ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin cocaine base (rock cocaine). ii. 57 grams (two ounces)' or more of a substance containing powder cocaine, methamphetamine, or other Schedule I or 11 controlled substances, except marijuana, peyote, or psilocybin mushrooms. iii. 10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms. ' Only one ounce (28.5 grams) of "pure" powder cocaine of methamphetamine is required; however, as a practical matter there will be no way to determine purity in the field. Memorandum of Understanding Page 2 D. Any conveyance containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (Section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigation. EXPECTATION It is the expectation of the CHP when the Signatory Agency is notified of drug investigations which meet the aforementioned criteria, the Signatory Agency will accomplish the following: 1. Either telephonically decline to respond or arrive at the scene or local CHP Area office within the jurisdiction of the Signatory Agency within 15 minutes of notification. Upon the arrival of the Signatory Agency, they may decline to handle the investigation to its conclusion. By no means shall the Signatory Agency be obligated to handle drug investigations originated by the CHP. 2. If accepted, the Signatory Agency shall prepare a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceeding pursuant to Sections 11470 et al HSC. A copy of the investigative report is to be provided to the San Diego CHP Area, attention "Asset Forfeiture Coordinator." 3. If not accepted, the CHP will handle the investigation, including any asset forfeiture proceedings, to conclusion utilizing Area and/or Division resources and will be entitled to the full enforcement share pursuant to Section 11489(b)(2)(A) HSC. 4. Refer non -qualifying state cases to the appropriate federal agency for evaluation and possible adoption. CASH SEIZURES When cash seizures are made by the CHP, the CHP will maintain control of the cash until a true and accurate count is obtained. If the sum of cash is too large to count at the scene, it is to be bagged and tagged and retained by the CHP until it can be counted. A representative from the involved allied agency should be present at the money count. Appropriate approvals outlined in CHP policy will be obtained for any deviation form this procedure. EQUITABLE SHARING The CHP and the Signatory Agency will negotiate equitable share of the asset forfeiture proceeds to reflect the proportionate contribution of each agency participating in the seizure. If the agencies cannot agree, the District Attorney shall be the decisive arbitrator for State forfeitures. For Federal forfeitures, the lead Federal agency's sharing policies/procedures shall prevail. Memorandum of Understanding Page 3 INDEMNIFICATION CHP shall indemnify and hold harmless NCPD, their agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the performance by CHP of the services specified in this Agreement which are caused by any negligent act or omission of CHP, any subcontractor of CHP, or anyone directly or indirectly employed by CHP or its subcontractors. Furthermore, NCPD shall indemnify and hold harmless CHP, their agents and employees, from and against all claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting from the performance by NCPD of the services specified in this Agreement which are caused by any negligent act or omission of NCPD, any subcontractor of NCPD, or anyone directly or indirectly employed by NCPD or its subcontractors. DURATION AND TERMINATION PROVISIONS Any party to this agreement desiring to terminate its participation shall notify each signatory to this agreement in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less than ten (10) days from the date of said notification. The parties, evidenced by their signature hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effect until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement may require amendments during the term of this MOU if their governing bodies so direct. If any provisions of this MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue to remain in full force and effect. AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW: MANUEL RODRIGU Date Chief of Police City of National City M.J. GUTHRIE, Captain Date Commander San Diego Area California Highway Patrol RESOLUTION NO. 2014 — 21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA HIGHWAY PATROL, SAN DIEGO AREA, REGARDING NARCOTICS INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL WHEREAS, the National City Police Department has had an agreement with the California Highway Patrol ("CHP") regarding drug investigations since 2006; and WHEREAS, the CHP submitted a Memorandum of Understanding ("MOU") to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the CHP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding ("MOU") with the California Highway Patrol, San Diego area, to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the CHP. Said Memorandum of Understanding is on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of March, 20 on son, Mayor ATTEST: Mi ,City Clerk c ael R. Dalla ROVED AS TO FORM: is itua Silva City Atto Passed and adopted by the Council of the City of National City, California, on March 4, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California lidt:r44,/tY City Jerk of the City of Viational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-21 of the City of National City, California, passed and adopted by the Council of said City on March 4, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "EETING DATE: March 4, 2014 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to continue a Memorandum of Understanding (MOU) with the California Highway Patrol, San Diego Area (CHP) regarding narcotics investigations originated by the California Highway Patrol and authorizing the Chief of Police to sign the MOU I PREPARED BY: PHONE: 4511 EXPLANATION: Manuel Rodriguez, Chief of Police DEPARTMENT: Police APPROVED BY: The Department has had an agreement with the CHP regarding drug investigations since 2006. The California Highway Patrol (CHP) has submitted the Memorandum of Understanding (MOU) to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the California Highway Patrol. FINANCIAL STATEMENT: ACCOUNT NO. N/A' ENVIRONMENTAL REVIEW: ,N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: I Finance M I S STAFF RECOMMENDATION: approve the Resolution' BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: ivlemorandum of Understanding] Memorandum of Understanding Page 1 MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS (eel -Hof IJ4-tiork l ) This is a Memorandum of Understanding (MOU) between the National City Police Department (NCPD), hereafter known as the "Signatory Agency" and the California Highway Patrol (CHP) San Diego Area regarding narcotics investigations originated by the CHP. PURPOSE The purpose of this MOU is to establish when the Signatory Agency should be notified and offered the opportunity to handle drug investigations originated by the CHP. CALL OUT PROCEDURES The CHP San Diego Area will notify and request on -scene assistance from the Signatory Agency when one or more of the following circumstances occur: 1. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant to Section 11470 of the Health and Safety Code (HSC) (i.e., possession for sale, transportation, manufacturing, or conspiracy related to drugs) or federal law pursuant to Title 21 of United States Code (USC), Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering offenses). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufacturing operations. B. Money linked to drug transactions (Minimum currency amount for call -out of the Signatory Agency may be specified). C. Amount of drugs makes conveyance seizable (Section 11470(e) HSC): i. 14.25 grams (half ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin cocaine base (rock cocaine). ii. 57 grams (two ounces)' or more of a substance containing powder cocaine, methamphetamine, or other Schedule I or II controlled substances, except marijuana, peyote, or psilocybin mushrooms. iii. 10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms. ' Only one ounce (28.5 grams) of "pure" powder cocaine of methamphetamine is required; however, as a practical matter there will be no way to determine purity in the field. Memorandum of Understanding Page 2 D. Any conveyance containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (Section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigation. EXPECTATION It is the expectation of the CHP when the Signatory Agency is notified of drug investigations which meet the aforementioned criteria, the Signatory Agency will accomplish the following: 1. Either telephonically decline to respond or arrive at the scene or local CHP Area office within the jurisdiction of the Signatory Agency within 15 minutes of notification. Upon the arrival of the Signatory Agency, they may decline to handle the investigation to its conclusion. By no means shall the Signatory Agency be obligated to handle drug investigations originated by the CHP. 2. If accepted, the Signatory Agency shall prepare a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceeding pursuant to Sections 11470 et al HSC. A copy of the investigative report is to be provided to the San Diego CHP Area, attention "Asset Forfeiture Coordinator." 3. If not accepted, the CHP will handle the investigation, including any asset forfeiture proceedings, to conclusion utilizing Area and/or Division resources and will be entitled to the full enforcement share pursuant to Section 11489(b)(2)(A) HSC. 4. Refer non -qualifying state cases to the appropriate federal agency for evaluation and possible adoption. CASH SEIZURES When cash seizures are made by the CHP, the CHP will maintain control of the cash until a true and accurate count is obtained. If the sum of cash is too large to count at the scene, it is to be bagged and tagged and retained by the CHP until it can be counted. A representative from the involved allied agency should be present at the money count. Appropriate approvals outlined in CHP policy will be obtained for any deviation form this procedure. EQUITABLE SHARING The CHP and the Signatory Agency will negotiate equitable share of the asset forfeiture proceeds to reflect the proportionate contribution of each agency participating in the seizure. If the agencies cannot agree, the District Attorney shall be the decisive arbitrator for State forfeitures. For Federal forfeitures, the lead Federal agency's sharing policies/procedures shall prevail. Memorandum of Understanding Page 3 INDEMNIFICATION CHP shall indemnify and hold harmless NCPD, their agents and employees, from and against all claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting from the performance by CHP of the services specified in this Agreement which are caused by any negligent act or omission of CHP, any subcontractor of CHP, or anyone directly or indirectly employed by CHP or its subcontractors. Furthermore, NCPD shall indemnify and hold harmless CHP, their agents and employees, from and against all claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting from the performance by NCPD of the services specified in this Agreement which are caused by any negligent act or omission of NCPD, any subcontractor of NCPD, or anyone directly or indirectly employed by NCPD or its subcontractors. DURATION AND TERMINATION PROVISIONS Any party to this agreement desiring to terminate its participation shall notify each signatory to this agreement in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less than ten (10) days from the date of said notification. The parties, evidenced by their signature hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effect until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement may require amendments during the term of this MOU if their governing bodies so direct. If any provisions of this MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue to remain in full force and effect. AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW: MANUEL RODRIGUEZ Date M.J. GUTHRIE, Captain 7Date Chief of Police Commander City of National City San Diego Area California Highway Patrol RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA HIGHWAY PATROL, SAN DIEGO AREA, REGARDING NARCOTICS INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL WHEREAS, the National City Police Department has had an agreement with the California Highway Patrol ("CHP") regarding drug investigations since 2006; and WHEREAS, the CHP submitted a Memorandum of Understanding ("MOU") to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the CHP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding ("MOU") with the California Highway Patrol, San Diego area, to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the CHP. Said Memorandum of Understanding is on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of March, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk CALIFORNIA HIGHWAY PATROL Memorandum of Understanding CHP Originated Narcotics Investigations Ronni Zengota (Police Dept.) Forwarded Copy of MOU to California Highway Patrol