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HomeMy WebLinkAbout2018 CON MOU San Diego County Sheriff - East County Regional Gang Task Force - Safe Streets Task Force (ECRGTF-SSTF)NOTE TO FILE 07-31-2019 IN THE MATTER OF: The 2018 MOU San Diego County Sheriff - East County Regional Gang Task Force, Safe Streets Task Force (ECRGTF-SSTF). Please note the following: NO FULLY EXECUTED ORIGINAL MOU AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. ORIGINATING DEPARTMENT: NTF CDC Housing & Economic Development City Attorney Human Resources City Manager MIS Community Svcs. Planning Eng/PW X Police Finance Fire CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C(2o/8- 3a, FETING DATE: June 19, 2018 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to sign a Memorandum of Understanding with the County of San Diego (San Diego Sheriff's Department) to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF), 2) authorizing the acceptance of funds, and 3) authorizing the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. The ECRGTF-SSTF conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and homicide. PREPARED BY: Manuel Rodriguez, Chief of Police PHONE: Ext. 4511 EXPLANATION: DEPARTMENT: Police APPROVED BY: If the Resolution is approved by the City Council, it will allow the Chief of Police to sign a Memorandum of'tJnderstanding with the County of San Diego (San Diego Sheriff's Department) to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF). The FBI and the County of San Diego oversee the task force and both require separate MOUs. The ECRGTF-SSTF will identify and target for prosecution criminal enterprise groups responsible for crimes of violence and the apprehension of dangerous fugitives where there may be a federal interest. In addition, the ECRGTF-SSTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing/investigative/prosecutorial avenues. The National City Police Department will dedicate one Police Investigator to the task force. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, . nefits and overtime. Overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits r State and Local Overtime Reimbursements. In furtherance, the assigned Investigator will be provided the use of a FBI owned vehicle during the time that investigator is assigned to the ECRGTF-SSTF. The duration of the MOU is ongoing, contingent to funding for the program. FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 290-11663-3470 Expense: 290-411-663-1 * APPROVED: APPROVED: (Other State Grants) $17,548 (Personnel) $17,548 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: County of San Diego MOU Resolution East County Regional Gang Task Force Memorandum of Understanding Revised January 2012 MEMORANDUM OF UNDERSTANDING East County Regional Gang Task Force This Memorandum of Understanding (MOU) is being executed by the below listed agencies in connection with the East County regional Gang Task Force (ECRGTF) originally initiated January 2006. This document is to be applied as the updated and revised MOU effective on or about September 1, 2011. All previous versions will no longer be applicable. The agencies listed below jointly and severally agree to abide by the terms and provisions of the MOU throughout the duration of this joint operation. The participating agencies are as follows: • San Diego County Sheriff's Department • San Diego County District.Attorney's Office • San Diego County Probation Department • El Cajon Police Department • La Mesa Police Department • Federal Bureau of Investigation • Federal Bureau of Alcohol, Tobacco and Firearms • United States Department of the Treasury — Internal Revenue Service, Criminal Investigation • United States Immigration and Customs Enforcement, Homeland Security Investigations • California Department of Corrections and Rehabilitation • California Highway Patrol Purpose and Mission The purpose of this revised MOU is to formalize the framework of cooperation, coordination and collaboration between all participating agencies of the Task Force. This document also addresses the United States Department of Justice designation of "Safe Streets Task Force" as applied to the East County Regional Gang Task Force with the 2008 inclusion of the Federal Bureau of Investigation as a member agency. The mission of this Task Force is to identify and target for prosecution organized criminal groups, and their members responsible for: Crimes of violence including, but not limited to murder, robbery, aggravated assault; drug trafficking, money laundering, alien smuggling, human trafficking; and other criminal activity to benefit the organization or criminal street gang through acquisition of wealth and power. The Task Force will utilize criminal intelligence analysts and crime analysis resources of member agencies in an effort to identify criminal enterprises and criminal street gangs. An emphasis of the Task Force's investi alive efforts will be on the identification, arrest, and prosecution of members and associates of eht.grae;;gangs itlidZii ifial;n a i ons, and the dismantling and disruption of said organizations. ECRGTF- 2012 Page 1 GENERAL AGREEMENT It is agreed upon between participants: 1. PARTICIPANTS The ECRGTF will be comprised of sheriff's deputies, police officers from the cities of La Mesa and El Cajon and the California Highway Patrol, county probation officers, state parole agents, district attorney investigators, and federal agents with the FBI, ATF, IRS and HSI; and prosecuting attorneys from the offices of the district attorney and the U.S. Attorney. 2. EXECUTIVE COMMITTEE The ECRGTF shall be headed by an Executive Committee. Members of the committee will include the Chief Executive Officer (CEO) or his or her designee from each of the participating agencies. These members shall meet annually to discuss operations and provide oversight and guidance to the Coordinating Committee. Additional meetings may be convened at the request of any participating agency CEO as necessary. 3. COORDINATING COMMITTEE The Coordinating Committee will consist of representatives from each participating agency as designated by the CEO/Executive Committee member of that agency. The Coordinating Committee will assist the Task Force Coordinator in obtaining resources including funds, personnel, equipment, vehicles and other items required to support the overall mission. The Coordinating Committee will also assist the Task Force Coordinator in the development of the administrative procedures, and investigative objectives and strategies. The Coordinating Committee will assist the Coordinator in the preparation of reports for presentation to the Executive Committee. The Coordinating Committee shall meet as necessary, but may convene more often as necessary. 4. TASK FORCE COORDINATOR The Task Force Coordinator is designated as a sheriff's lieutenant assigned to the Special Investigations Division of the San Diego County Sheriffs Department. The coordinator is directly accountable to the Executive Committee. The Task Force Coordinator will interact with other Task Force Coordinators with the Violent Crimes Task Force. The Task Force Coordinator will prepare a monthly written report of ongoing and completed investigations for dissemination to the Executive and Coordinating Committees. 5. ISSUE RESOLUTION Operational issues should be resolved at the lowest level possible beginning with investigators and primary supervisors. If no mutually acceptable resolution is possible, the Task Force Coordinator will present the issue to the Coordinating Committee for resolution. ECRGTF -2012 Page 2 6. PERSONNEL A. INVESTIGATORS The components of the East County Regional Gang Task Force will be staffed by personnel recommended for assignment to the task force by participating agencies. It the Task Force Coordinator has cause to replace a member, the issue will be discussed with the participating agency's representative to the Coordinating Committee. If the contributing agency does not concur with the decision of the Task Force Coordinator, the issue will be forwarded to the Coordinating Committee for a final decision. Participating agencies may rotate their assigned investigators as necessary to comply with their agencies' policies and procedures. Each participating agency agrees to supply the following equipment to each investigator assigned by that agency: • A fully maintained undercover vehicle • A radio capable of communicating with the parent agency's communications system • A cellular phone • All safety equipment including firearm(s) and body armor B. CLERICAL Personnel shall be provided to this task force to facilitate normal administrative and clerical duties associated with an investigative unit. One Office Assistant will be provided by the Sheriff's Department, and one Support Services Technician (SST) will be provided by the FBI. C. PAYROLL The salaries and benefits of all personnel assigned to the ECRGTF will be paid by their respective parent agencies. Overtime may be reimbursable to participating agencies through federal Safe Streets Task Force budgeted assignments and other federal or state grants currently funding special operations. Otherwise, all overtime expended will be the responsibility of each participating agency. Each agency is responsible for any liability arising out of worker's compensation or similar claims by its employees. D. AGENCY COMMITMENT Each agency will provide the following level of staffing: • San Diego County Sherds Department: One full time sheriff's lieutenant (Task Force Coordinator) One full time sheriff's sergeant (Task Force Supervisor) Six full time detectives ECRGTF-2012 Page 3 7. • San Diego County Probation Department: One full time probation officer One liaison probation officer • San Diego County District Attorneys Office: One full time investigator One prosecuting attorney • El Cajon Police Department: One full time detective • La Mesa Police Department: One full time detective • California Department of Corrections and Rehabilitation: One agent One liaison SSU investigator • Federal Bureau of Investigations (FBI): One full time supervising special agent (SSA) Eight full time special agents • Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): I One full time special agent One part time liaison special agent • United States Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations: One full time special agent • United States Attorney's Office: One liaison assistant U.S. Attorney • United States Department of the Treasury, Internal Revenue Service- Criminal Investigations One full time special agent • California Highway Patrol One full time investigator ECRGTF- 2012 Page 4 7. INVESTIGATIVE STRATEGY The routine investigative strategy regarding case development and direction will be the responsibility of the Task force Coordinator. The offices of the district attorney and the U.S. attorney should be consulted regularly for legal opinions and guidance. It is intended that full use be made of the "vertical prosecution" process and mandatory sentencing laws. This is interpreted to mean that task force supervisors and investigators/agents will communicate with the assigned attorney at the earliest logical moment in an investigation to coordinate and build a case from inception through final adjudication. 8. PROSECUTIVE STRATEGY Criminal cases which present only violations of California law shall be presented to the deputy district attorney assigned to the task force. Criminal cases which present only violations of federal law shall be presented to the assistant U.S. attorney designated to the task force. Cases which present violations to both state and federal statute shall be presented to both offices to determine the appropriate form in which to prosecute the case. 9. LIABILITY Each party to this MOU agrees to the extent possible under federal and state law to assume financial responsibility for any liabilities created as a result of the acts or omissions of the parties' own employees. 10. HOUSING The San Diego County Sheriff's Department agrees to provide housing for the ECRGTF. The sheriff's department will provide routine maintenance and repairs, as well as water and power service. The sheriff's department will be responsible for custodial and telephone services. I I. EQUIPMENT The procurement and allocation of resources is the responsibility of the Task force Coordinator. The Coordinating Committee will provide support as required. An inventory shall be kept of all equipment loaned to the task force by participating agencies. If the task force disbands, or if the agency ends its participation, the equipment will be returned to the supplying agency. 12. STANDARD OPERATING PROCEDURE (SOP) All task force members shall review and abide by the SOP manual prepared by the Coordinating Committee with oversight from the Executive Committee. The SOP shall specify policies and procedures for the task force. Members of the task force will also be responsible for compliance to their parent agency's Policies and Procedures. ECRGTF-2012 Page 5 13. ASSET FORFEITURE The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunction with SSTF operations. Asset forfeitures will be conducted in accordance with Federal law, and the rules and regulations set forth by the FBI and Department of Justice (DOJ). Forfeitures attributable to SSTF investigations may be distributed among the participating agencies according to prior agreement among all member agencies generally based on a percentage ratio of member agency participants versus the total number of participants. Forfeitures attributable to the Department of -the Treasury deemed by the United States Attorneys Office and the Internal Revenue Service to be shared with the local agencies will be distributed among the participating agencies according to prior agreement between all member agencies. Forfeitures attributable to cases managed at the local level will be distributed among the participating agencies according to prior agreement between all member agencies. 14. MEDIA All press releases pertaining to the ECRGTF will be mutually agreed upon and jointly handled according to participating agency guidelines. Media releases related to SSTF investigations will conform to DOJ guidelines.and will not be issued without FBI final approval. 15. TERM OF AGREEMENT The original agreement was effective January 09, 2006 which will remain in effect pending the approval of this updated MOU. Once approved by the Executive Committee, this MOU will be the governing document and fully replace all prior versions. One year from the commencement date of this agreement, and annually thereafter, the Task Force Coordinator will present a report to the Executive Committee detailing the efforts of the task force in meeting its purpose and mission. Participating agencies may elect to terminate the agreement by providing written notification to the Executive Committee. Termination shall take effect not less than 30 days after receipt of written notification, or upon a date established by mutual agreement. Additional agencies requesting inclusion to the East County Regional Gang Task Force will be recognized by signing this agreement as an addendum to the MOU. ECRGTF-2012 Page 6 16. SIGNATORY AUTHORITY The undersigned represent that they have the authority to execute this agreement on behalf of their respective agencies by signing this agreement. They represent a concurrence with and support the East County Regional Gang Task Force, as set forth in this agreement. WILLIAM D. GORE SHERIFF County of San Diego DISTRICT A County of Sa MACK J CHIEF PR County of S EY (BA •N O, FI • n Diego JIM REDMAN CHIEF OF POLICE City of El Cajon ���r �� +-a mesa ED ACEVES CHIEF OF POLICE City of La Mesa //40 Date c*,4— Date 64'2_ Date Date Date balOc} IIZ- JIM RFC c BELE DIVIS' ON CHIEF Date Cahforvia Highway Patrol Border Division ECRGTF-2012 Page 7 ANTHONY CHAUS CHIEF Department of Corrections and Rehabilitation Office of Correctional Safety LAURA E. DUFFY UNITED STATES ATTORNEY Southern District of California Keith Slotter SPECIAL AGENT IN CHARGE Federal Bureau of Investigation San Diego Field Office JOHN A. TORRES SPECIAL AGENT IN CHARGE Bureau of Alcohol, Tobacco, Firearms and Explosives Los Angeles Field Division LESLIE P. DE MARCO SPECIAL AGENT IN CHARGE U.S. Department of the Treasury Internal Revenue Service Criminal Division Los Angeles Field Division SPECIAL AGENT IN CHARGE, SAN DIEGO Department of Homeland Security Immigration and Customs Enforcement Homeland Security Investigations Date Date Date Date Date ECRGTF-2012 Page 8 17. Addendum to Signatory Authority: Between the completion of this document and the gathering of signatures of approval, a new Special Agent in Charge of the ATF Los Angeles Field Division was assigned. This addendum is hereby incorporated into the original Memorandum of Understanding for the East County Regional Gang Task Force. Steven J. Bogdalek SPECIAL AGENT IN CHARGE Bureau of Alcohol, Tobacco, Firearms and Explosives Los Angeles Field Division Date ECRGTF-2012 Page 9 18. Addendum to Participating Agencies: Pursuant to Section 15 of the East County Regional Gang Task Force Memorandum of Understanding ("MOU"), the City of National City, through the National City Police Department ("National City"), is hereby added as a participant to the MOU. National City will provide one full-time detective, effective October 1, 2017 and shall continue until terminated pursuant to Section 15 of the MOU. This addendum is hereby incorporated into the MOU. NATIONAL CITY POLICE DEPARTMENT Date Manuel Rodriguez, Chief Date William D. Gore, Sheriff San Diego County Sheriffs Department Party Terminated Participation Date Adolfo Gonzales, Chief Probation Officer San Diego County Probation Department Walt Vasquez, Chief La Mesa Police Department Date Date Jim Abele, Chief California Highway Patrol Border Division Party Terminated Partici i ation Date Derek Benner, Special Agent in Charge Dept. of Homeland Security Immigration and Customs Enforcement/HSI Date Adam Braverman, U. S. Attorney U. S. Attorneys Southern District of California Approved as to form and legality: Date Summer Stephan, District Attorney San Diego County District Attorney Date Douglas Williford, City Manager City of El Cajon Party Terminated Partici ation Date Steven J. Bogdalek, Special Agent in Charge Bureau of Alcohol, Tobacco, Firearms and Explosives (Los Angeles Field Division) Party Terminated Participation Date Anthony Chaus, Chief Dept. of Corrections and Rehabilitation Office of Correctional Safety Date John Brown, Special Agent in Charge Federal Bureau of Investigation San Diego Field Office Party Terminated Participation Date Leslie P. DeMarco, Special Agent in Charge U. S. Department of the Treasury IRS Criminal Division (L. A. Field Division) Mark Day, Senior Deputy San Diego County Counsel Date RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO COUNTY SHERIFF'S DEPARTMENT TO PARTICIPATE IN THE EAST COUNTY REGIONAL GANG TASK FORCE —SAFE STREETS TASK FORCE (SSTF), AUTHORIZING THE ACCEPTANCE OF FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR OVERTIME UP TO THE AMOUNT OF $17,548 PER FISCAL YEAR WHEREAS, a Memorandum of Understanding ("MOU") with the San Diego County Sheriff's Department is required for the National City Police Department to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF); and WHEREAS, the FBI and the County of San Diego County Sheriff's Department oversee the task force and both require separate MOUs; and WHEREAS, the ECRGTF-SSTF identifies and targets criminal enterprise groups responsible for crimes of violence for prosecution and the apprehension of dangerous fugitives where there may be a federal interest; and WHEREAS, the ECRGTF-SSTF will enhance the effectiveness of the federal, state, local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime; and WHEREAS, overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits for State and Local Overtime Reimbursements; and WHEREAS, the National City Police Department will dedicate one Police Investigator to the task force who will be provided the use of a FBI -owned vehicle during the time that the police investigator is assigned to the ECRGTF-SSTF; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program 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 with the San Diego County Sheriff's Department to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF). BE IT FURTHER RESOLVED that the City Council hereby authorizes the acceptance of funds and the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. [Signature Page to Follow] Resolution No. 2018 — Page Two PASSED AND ADOPTED this 19th day of June, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney RESOLUTION NO. 2018 — 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO COUNTY SHERIFF'S DEPARTMENT TO PARTICIPATE IN THE EAST COUNTY REGIONAL GANG TASK FORCE —SAFE STREETS TASK FORCE (SSTF), AUTHORIZING THE ACCEPTANCE OF FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR OVERTIME UP TO THE AMOUNT OF $17,548 PER FISCAL YEAR WHEREAS, a Memorandum of Understanding ("MOU") with the San Diego County Sheriff's Department is required for the National City Police Department to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF); and WHEREAS, the FBI and the County of San Diego County Sheriff's Department oversee the task force and both require separate MOUs; and WHEREAS, the ECRGTF-SSTF identifies and targets criminal enterprise groups responsible for crimes of violence for prosecution and the apprehension of dangerous fugitives where there may be a federal interest; and WHEREAS, the ECRGTF-SSTF will enhance the effectiveness of the federal, state, local law enforcement resources through well -coordinated information sharing, investigative, and prosecutorial avenues; and WHEREAS, for the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime; and WHEREAS, overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits for State and Local Overtime Reimbursements; and WHEREAS, the National City Police Department will dedicate one Police Investigator to the task force who will be provided the use of a FBI -owned vehicle during the time that the police investigator is assigned to the ECRGTF-SSTF; and WHEREAS, the duration of the MOU is ongoing, contingent to funding for the program 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 with the San Diego County Sheriff's Department to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF). BE IT FURTHER RESOLVED that the City Council hereby authorizes the acceptance of funds and the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. [Signature Page to Follow] Resolution No. 2018 — 88 Page Two PASSED AND ADOPTED this 19th day of June 18. ATTEST: p( Micha I R. alla, 'ty Cle APPROVED AS TO FORM: Morns -Jones ttorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 19, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-88 of the City of National City, California, passed and adopted by the Council of said City on June 19, 2018. City Clerk of the City of National City, California By: Deputy