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HomeMy WebLinkAbout28 - US Immigration and Customs Enforcement ReimbursementCITY OF u ; _ NEWPORT BEACH GIFOR City Council Staff Report Agenda Item No. 28 November 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Jay R. Johnson, Chief of Police 949 - 644 -3701, JJohnson @nbpd.org PREPARED BY: Dale Johnson, Captain 949 - 644- 3750,DJohnson @nbpd.org APPROVED: ^`( v u TITLE: Acceptance of Reimbursement from U.S. Immigration and Customs Enforcement ABSTRACT: The Police Department seeks the City Council approval to accept overtime reimbursement funds from United States Immigration and Customs Enforcement so that the City can receive approximately $18,510.07 and allocate these funds to the Police Department, Detective Division. RECOMMENDATION: 1. Approve Budget Amendment No. 14BA -023 to accept $18,510.07 from the U.S. Immigration and Customs Enforcement and deposit into Revenue Account No. 1820 -4931 for the Police Department. 2. Appropriate the funds to the Detective Overtime, Safety Account No, 1850 -7041. 3. Approve acceptance of future reimbursements. FUNDING REQUIREMENTS: The Budget Amendment appropriates $18,510.07 in increased expenditure appropriations for Fiscal Year 2013 -2014. The funds have been received and posted for Fiscal Year 2013 -2014 revenues in Account No. 1820 -4931 for the Police Department. The expenditure will be appropriated to the Detective Overtime Safety Account No. 1850 -7041. Acceptance of Reimbursement from U.S. Immigration and Customs Enforcement November 26, 2013 Page 2 DISCUSSION: Background: On September 11, 2012, the Newport Beach Police Department (NBPD) entered into a Memorandum of Understanding (MOU) with United States Immigration and Customs Enforcement (ICE). The MOU recognized that laws related to ICE jurisdiction required close cooperation and coordination between law enforcement agencies. The agreement provided a cross designation to select members of the NBPD, authorizing them to engage in joint investigations with members of ICE. The MOU also authorized ICE to reimburse the NBPD for overtime expenditures related to these joint investigations. Analysis: Since establishment of the MOU, the NBPD has participated in numerous joint investigations with ICE. So far in Fiscal Year 2013/2014, NBPD personnel have recorded 246 hours of overtime during these investigations, totaling $18,510.07. This overtime was expended from the Detective Division Overtime account. Per the MOU, ICE was invoiced for these hours and has reimbursed the City of Newport Beach for the above expenditures. It is requested that the reimbursement be accepted and appropriated to the Detective Division overtime account. It is also requested that future reimbursements be accepted, as we are continuously working joint investigations that are reimbursable through ICE. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). K Acceptance of Reimbursement from U.S. Immigration and Customs Enforcement November 26, 2013 Page 3 Submitted by: J . Jo son Chief of Police Attachment: A. Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement (ICE) r�(l;cc of !ix Ci!i f Coun.rei - l.ns :!n [cks S. Dc pv'tment of IIomeIa n See ur it% ;111 W. Ocean Blvd- Suite 71, Lon, 11:2ch. CA 90S02 II-, a U.S. Immigration and Customs �,4_,o S" Enforcement TO: Claude Arnold, Special Agent in Charge PROM: James R. Board, Assistant Chief Counsel SUBJECT: Legal Review of MOUs between HSI and Newport Beach Police Department DATE: September 10, 2012 In accordance with Department of Homeland Security (DHS ") Policy, including Management Directive 0450. 1, I have reviewed two Memorandums of Understanding (MOUS) between HSILA and the Newport Beach Police Department. The first is for the purpose of working together in conducting joint investigations targeting sexual predators. "rho second is the standard Title 19 Cross - Designation MOU. Both have been signet[ by the Chief of Police for the Newport Beach Police Department. I have no legal objection to the MOUS. / �l James R. Board Nvww.dhs.2tw MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by the Newport Beach Police Department (NBPD) and the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) Office of the Special Agent in Charge, Los Angeles (the parties), for the purpose of conducting joint investigations targeting sexual predators. PURPOSE The purpose of this MOU is to set forth the terms by which each party will participate in this initiative. The initiative will enhance cooperation and focus the combined investigative powers, experience and expertise as a means to identify, investigate, and prosecute individuals and entities violating the law. Il. AUTHORITIES Each party represents it has authority to enter into this MOU. HSI authority to engage in this operation is pursuant to: 1) The Homeland Security Act of 2002, codified in Title 6, U.S.C.; 2) Title 19 U.S.C. §§ 1589a, and 2081 and 3) Title 8 U.S.C. § 1363a. III. OBJECTIVES The primary objective of the initiative is to identify, infiltrate, dismantle and prosecute organizations and individuals that attempt to sexually exploit children in violation of law. IV. METHOD OF OPERATIONIRESPONSIBILITIES Assigned agents and task force officers will follow guidelines established by their agency's respective policy or guidelines. Evidence will also be recorded and secured by each agency according to their policy and guidelines. Each agency will be capable of assigning cases to members of the investigative team as they deem appropriate. V. FUNDING HSI may, at its sole discretion, and with prior HSI management approval, provide overtime funding to permanently assigned NBPD personnel in an amount not to exceed $15,000 annually. NBPD personnel must complete State and Local Overtime forms attached hereto as Attachment A, and incorporated herein, in order to record and receive monthly overtime payments provided. www.ice.gov Except as identified in this MOU, each party is responsible for bearing its own costs, and neither party is responsible for paying the costs of the other party, except for the payment of overtime funds by HSI to NBPD. VI. PRESS RELEASE All press releases will be coordinated and madejointly by the parties when possible. No unilateral press releases will be made without prior approval of the other party. VII. OTHER PROVISIONS Each party shall adhere to its own internal guidance and policies. Nothing in this MOU is intended to conflict with current law, regulation or policy. Further, nothing in this MOU is intended to restrict the authority of any party to act as provided by law or regulation, or to restrict any agency from enforcing any laws within its authority or jurisdiction. If any term of this MOU is inconsistent with law, regulation, or other authority, then that term shall be invalid, but the remaining terns and conditions of this shall remain in full force and effect. This MOU is an internal arrangement between the parties and does not create or confer any right or benefit on any other person or party, private or public. VIII. POINTS OF CONTACT / SUPERVISION Overall management of the task force shall be the shared responsibility of the participating agency heads and/or their designees. The HSI supervisor shall supervise the day -to -day operational and investigative matters pertaining to the initiative. Responsibility for the conduct of each party's personnel, both personally and professionally, shall remain with the respective party head and each party shall be responsible for the actions of its respective employees. Each party will be subject to the laws, regulations, policies, and personnel rules applicable to those of his or her respective agency. NBPD personnel shall continue to report to his or her respective agency head for non - investigative administrative matters not detailed in this MOU. Continued assignment to the task force will be based on performance and at the discretion of each party's respective supervisor. The point of contact for HSI is Group Supervisor William D. Wallace 34 Civic Center Plaza #48i floor, Santa Ana, CA 92701 Office (714) 972-4115 Cell (714) 920 -6530. The point of contact for the NBPD is Sergeant Shontel Sherwood. 870 Santa Barbara Drive Newport Beach, CA 92660 Office (949) 644 -3775 IX. MODIFICATION This MOU may be modified by the signed, written agreement of both parties. X. DECONFLICTION Each party agrees that the de- confliction process requires the sharing of certain operational information with the task force, which, if disclosed to unauthorized persons, could endanger law enforcement personnel and the public. As a result of this concern, each participating agency agrees to adopt security measures set forth herein: a. Each party will assign primary and secondary points of contact. b. Each party agrees to keep its points of contact list updated. XI. TERMINATION Either party may unilaterally terminate this MOU upon 30 days written notice to the other. Each party agrees that if it exercises this right of unilateral termination it shall, to the extent practicable, do so in a manner as to minimize any adverse impact on the other. XII. The effective date of this MOU is the date the last signatory below signs the MOU and shall remain in effect until it is terminated in the manner set forth in this MOU. XIU. EQUIPMENT Each party shall be responsible for providing all equipment necessary for its personnel to carry out its duties while participating in the task force. XIV. INFORMATION Information possessed by HSI or this task force, including information derived from informal communications by the task force, may be disseminated only with the permission of the task force supervisor and in accordance with any applicable laws and internal regulations, procedures or agreements between HSI and NBPD. Likewise, NBPD personnel shall not disseminate any NBPD information to the task force unless authorized by the appropriate NBPD officials. \V. REPORTS /RECORDS All records and reports created by NBPD personnel while participating in this MOU shall remain in the custody and control of NDPD. \VI. SIGNA- rORIES — dL (A— c' f Claude Arnold Date Special Agent in Charge. Los Angeles 1-lomcland Security Investigations Qjv�- &-3- L7- J,0/511. Jol n on Police Chief Date Newport Beach Police Department OJice of the Chkj'Counsel — Los ringelec O.S. Department of Homeland Security 501 W. Occan Blvd.. Suite 7170 Lung Beach. CA 90802 U.S. Immigration 2'° and Customs °.� Enforcement TO: Claude Arnold, Special Agent in Charge FROM: .lames R. Board, Assistant Chief Counsel SUBJECT: Legal Review of i'vtOUs between FISI and Newport Beach Police Department DATE-': September 10, 2012 In accordance with Department of Homeland Security (" DHS ") Police, including Management Directive 0450. 1. I have reviewed two Memorandums of Understanding (MOUs) between HSILA and the Newport Beach Police Department. The first is for the purpose of working together in conductingjoint investigations targeting sexual predators. The second is the standard Title 19 Cross - Designation MOU. Both have been signed by the Chief of Police for the Newport Beach Police Department. I have no legal objection to the MOUs. James R. Board wn�w.dhs.�ov MEMORANDUM OF UNDERSTANDING between the U.S. Immigration and Customs Enforcement (ICE) and Newport Beach Police Department ICE 01 Directives 05-006 and 05-007 Purpose The above listed law enforcement agency and ICE agree that effective enforcement of the laws relating to ICEjurisdiction requires close cooperation and coordination between the two agencies, and have therefore entered into this agreement to govern the use of ICE designations by certain employees of your agency. II. Agreement There may be instances when it may be desirable on occasion for certain sworn law enforcement employees of your agency to be able to perform certain ICE duties. Pursuant to section 401(1), Tariff Act of 1930, as amended, (19 U.S.C. 1401(i), the Secretary of Homeland Security or his/her designee is authorized to designate persons as Customs Officers (Excepted) who are designated to perform the duties of an ICE Officer. The designated Customs Officers will have the authority to enforce "Customs" laws. This agreement does not grant the designated Customs Officers the authority to enforce "Immigration "laws. The forms and authorities referenced herein may be renamed or replaced by ICE without prejudice to this agreement. The two agencies have, therefore, entered into an agreement as follows: A. The U.S. Immigration and Customs Enforcement agrees: 1, to designate certain employees of your agency as Customs Officers (Excepted), without additional compensation, to perform the duties shown on the attached "Designation, Customs Officer" form (which is hereby made part of the agreement); Z, to provide appropriate training in Customs laws, policies, and procedures to the designated employees; 3, to issue a 'Designation, Customs Officer," as described in Al above to each qualified employee; 4. to advise your officers regarding any court proceedings that question any seizures or arrests that are made in accordance with this agreement; 5, to process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to local law officers acting pursuant to this agreement, for compensation under the Federal Employee Workers Compensation Act (5 U.S.C. 8 10 1, et. seq.): 1111 B. The above listed law enforcement agency agrees: 1. to advise ICE of each situation in which the agency proposes to use an ICE designation; 2. that ICE designations to employees of your agency will be used only in situations where there has been specific advance approval by the appropriate Special Agent in Charge or Resident Agent in Charge Designations will be used only for the duration of the specified law enforcement activity for which the approval was extended, and to the extent of such approval. 3. that only personnel who are sworn law enforcement officers of your agency and who successfully complete the appropriate ICE cross - designation training and received a "Designation, Customs Officer" form will be granted Customs Officer status; 4. to report to ICE, in writing, the results of all activity undertaken by the designated Customs Officer as a consequence of the Customs cross designation authority; 5. to advise ICE of each court proceeding in which the validity of ICE search, seizures, or arrest authority has become an issue; and to permit ICE to provide legal memoranda or other assistance in such cases when desired by ICE. 6. to follow ICE directives and instructions that are applicable to ICE concerning ICE search, seizure, and arrest authority; 7. to return all ICE equipment and identification if issued, when a cross designated officer terminates employment for any reason. Both agencies agree to; recognize that any abuse of ICE cross designation authority may lead to the revocation of such cross designations by ICE; 2. agree to exchange implementing instructions prior to issuance; and 3. agree to schedule periodic meetings to review this agreement. This Memorandum of Understanding is an internal agreement between government agencies. It does not create or confer any rights, privileges, or benefits for any private person or party. Approved By Approved By Law Enforcement Agency ICE Name of Agency: ICE Agency: (� fJCV.i PO r�Y �FAi.la- foLicr �rPr. wsli LOS A191 1.1s Name: Name: 7n-i k. 7L) Ff .Aj5oij Claude Arnold Title: n �µl Er QF POLI CI Title: Special Agars in Charge Sig • atuce/ �/ Signa r t ICE Formb -062 (05/05) 11 City of Newport Beach BUDGET AMENDMENT 2013 -14 EFFECT ON BUDGETARY FUND BALANCE: Pq Increase Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations PX SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 14BA -023 AMOUNT: $1s,s1o.o7 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates to accept reimbursement funds from the U.S. Immigration and Customs Enforcement and increase expenditure appropriation for related PD Detective Overtime. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 1820 4931 EXPENDITURE APPROPRIATIONS (3603) Division Number 1850 Account Number 7041 Description Description PD Support Services - ICE /HIS Various Programs Description PD - Detectives Overtime, Safety & 1/2 Time Signed: ` Of Financial Approval: Finance Director Signed: Adminisfrratke Approval: City Manager Signed: City Council Approval: City Clerk Debit Credit $18,510.07 $18,510.07 ` Automatic System Entry It-IS-13 Date [+W)l� Date Date2