HomeMy WebLinkAboutC-8093-1 - Orange County Regional Narcotics Suppression Program (RNSP) MOU1
i
U
ORANGE COUNTY REGIONAL NARCOTICS SUPPRESSION PROGRAM
(RNSP)
MEMORANDUM OF UNDERSTANDING
NAME
The n ame o f th is mu lti-agency/multi jurisdictional to sk f orce s hall b e the O range C ounty
Regional Narcotics Suppression Program (RNSP) (hereinafter "Program" or "RNSP").
PURPOSE
The purposes of this Program are:
To target, investigate and prosecute individuals who organize, direct, finance or otherwise
engage i n hi gh-level d rug tr afficking or m oney l aundering a nterprises with hi gh pr iority
emphasis on t hose s ubjects a ngaged i n t he i mportation of dr ugs i nto or t hrough O range
County and the interdiction of such illicit pipelines.
The Program encourages the promotion of coordinated drug enforcement efforts throughout
the C ounty, S tate a nd N ation, to f acilitate maximum c ooperation b etween all la w
enforcement and prosecutorial agencies.
EXECUTIVE BOARD
See Exhibit A
4. AMENDMENTS TO AND DURATION OF THE M.O.U.
The Executive Board may amend any article of the M.O.U. by a two-thirds (2/3) vote of the
quorum. Amendments to the MOU shall have no force and effect unless such modifications
are reduced t o w riting and s igned b y an an thorized r epresentative o f each p articipating
agency. The term of this MOU is for the duration of the RNSP's operations, contingent upon
approval of ne cessary funding, but m ay be t erminated a t a ny t ime up on w ritten m utual
consent of the agency involved. A ny participating agency may withdraw from the RNSP at
any time by written notification to the Executive Board at least 30 days prior to withdrawal.
FEDERAL DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF
ASSETS
Any proceeds or other property derived from any asset forfeiture under federal or state law
initiated in connection with or as a result of the Program operations shall be distributed in
accordance w ith applicable f ederal o r s tate I aws/guidelines to th a Program. A ny asset
forfeited pursuant to federal law may be shared equitably with the members of the Program
Last Updated 6@4/16
Page 1
in accordance with the Attorney General's Guidelines on Seized and Forfeited Property, the
US Department of Justice A Guide to Equitable Sharing of Federally Forfeited Property of
State and Local Law Enforcement Agencies ("A Guide") and the US Department of Treasury
Guide t o E quitable Sharing for Foreign C ountries and Federal, S tate, a nd Local La w
Enforcement Agencies ("Green Book").
a. Asset Sharing: To support and continue j oint participation of local law enforcement
in RNSP, it has been agreed that assets seized may be divided and returned to the
agencies i nvolved ba sed upon t heir r espective s worn c ontribution t o t he effort. An
estimate o f m oney d ue each R NSP m ember a gency w ill b e f orwarded t o ev ery
department's chief executive on a quarterly basis.
Participating agencies must maintain participation in and compliance with the Federal
Equitable S hating P rogram i n or der t o r eceive a sset s haring from the Program. In
addition, no Federal Department of Justice or Treasury asset forfeiture funds received
by the program will be utilized for the purpose of offsetting other agency expenses
without th e p articipating agencies' continued c ompliance i n the F ederal E quitable
Sharing Program.
It s hall be i ncumbent upon t he he ad of e ach pa rticipating a gency t o s ubmit t o t he
Executive B oard a claim form for funds due pursuant to this Agreement. This c laim
must include, in addition to a reference to the RNSP case in question, a statement
stipulating that the assets or property will only be used for general law enforcement
purposes.
In addition, t he B oard has de termined t o further of fset va rious expenses of t he
participating agencies through asset forfeiture funds, where possible, to encourage
local department participation.
OPERATIONAL GUIDELINES
b. Site Location: The site of this Program shall be 2651 Hotel Terrace Drive, Santa Ana,
California.
a. Structural Command.•
L The Program Manager will be a designee from the Orange County Sheriffs
Department w ith s ufficient r ank 1 evel t o pr ovide w ide-ranging o perational
authority. The Program Manager will report directly to the Executive Board
on all matters of RNSP concern.
ii. The Operations Manager will be a designee from one of the participating
agencies with s ufficient r ank level t o b e r esponsible f or t he m anagement
responsibilities of the task force. T he Operations Manager will be directly
accountable to the Program Manager.
iii. The Administrative Manager will be a designee from the Orange County
Sheriffs D epartment and i s r esponsible f or all f inancial as pects o f t he
Program. T he A dministrative M anager w ill b e a ccountable t o bot h t he
Operations and Program Managers.
Last Updated 6124/16
Page 2
c. Enforcement S taffing: The R egional N arcotics S uppression P rogram i s a in ulti-
agency/multi jurisdictional task f orce de signed t o bring the appropriate authorities
and highest level of expertise together to focus jointly on drug trafficking and money
laundering organizations.
d. Operational Standards: All mattersgoverning operatingprocedures, standards and
guidelines will be designated to balance the rights of citizens and the needs of law
enforcement t o detect, arrest a nd pr osecute i ndividuals a nd g roups a ngaged in
sophisticated drug-related activity and money laundering.
Effective control of major narcotics offenses depends, to a large degree, on the close
working relationship among agencies at al l levels of law enforcement. Therefore, al l
RNSP pe rsonnel w ill a ssist, t o t heir f ullest i ndividual a bility, t he de velopment of
inter -agency cooperation.
e. Case Initiation: The initiation of all RVSP cases will ultimately be accountable to the
Executive Board. Areas of discretion in assigning case priorities will be determined
by, but not I imited t o, t he s ophistication of the a nterprise, t he i mpact on t he
community, c urrent c ase l oad, av ailable s taffing an d/or a quipment a nd w orkable
investigative leads.
f Outside Agencies: Requests f or A ssistance/Notification: It s hall b e th e policy of
RNSP f o r espond f o r equests f or cas e d evelopment as sistance f rom an y l aw
enforcement agency.
The Program Manager will be informed of all requests for assistance.
RNSP recognizes that the jurisdictional makeup of Southern California lends itself to
investigative ove rlap dur ing t he c ourse of na rcotics c ase de velopment. RNSP w ill,
therefore, strictly adhere to standard notification procedures, such as the Los Angeles
Clearing H ouse a nd t he Western S tater I nformation N etwork — as out lined i n the
RNSP Policy and Procedures, in order to minimize any chance of conflicting with the
enforcement routine of the affected jurisdiction.
Prosecutorial Support: It shall be incumbent on the Program members to coordinate
a f irm a nd pos itive r elationship be tween the U nited S tates A ttomey and th e S tate
Attorney designees.
Special Program Attorney: As previously recommended, consistency on how to best
proceed in certain instances could best be achieved by allowing the Program direct
access to one attorney assigned for that specific purpose.
g. Equipment Pool: The resource inventory required for this program includes, but is
not limite d to: v ehicles, o ffice a quipment, r adio a quipment, a nd s pecialized ite ms
such a s non -standard i slued t actical a ntry v ests, uni que ve hicles, s urveillance
equipment, and mobile phones. This inventory will be supplied to personnel at RNSP
expense.
h. Reportine Format: The Orange County Sheriffs Department standard report forms
and Division of Records numbers shall be utilized for case development and to track
program activity. An internal numbering system will be used as well to account for
activity.
Last Updated 6/24116
Page 3
i. Evidence C ollection: Storage an d T esting: T he f acilities o f t he O range C ounty
Sheriff's Department shall be utilized by RNSP to maintain a proper evidence chain
on all items collected in pursuit of case preparation.
j. Undercover Documents: RNSP will facilitate assigned o fficers' acquiring a c overt
identity. T he P rogram M anager w ill in aintain r ecords a nd copies of a 11
correspondence relating to identities issued to officers. These documents shall only be
used while the officers are on duty and working in an official capacity and when the
use of the covert identity is required in the furtherance of the case.
PERSONNEL
The assignment of all personnel to RNSP must be approved by their respective department
heads. The Executive Board may reject any nominee based upon the officer's training, past
performance, or other factors bearing on suitability.
In order to provide for continuity of effort and consistent application of these guidelines, the
following minimum tours of duty with RNSP have been established by the Board for sworn
personnel:
Team Leader/Supervisor/Sergeant — (3) years
Officer/Agent/Deputy/Investigator — (2) years.
In conjunction with this minimum length of assignment to the Program, the maximum length
of time an individual may serve in RNSP is (4) years. This maximum length of assignment
applies to all ranks of lieutenant and below, with exceptions granted for nonsworn personnel,
special assignments by, and at the specific direction of, the Executive Board.
State and local officers assigned to RNSP will work full-time unless otherwise approved by
the Executive Board.
a. Standard Operating Procedures/Policy: All to sk force me mbers s hall a bide b y th e
RNSP Policy Manual, which will be subject to review and approval of the Executive
Board.
i. The manual shall specify policies and procedures for task force operations and
shall in clude i tems s uch as cas e in anagement, cc nfidential i nformant
protocols, s earch pol icy, hi gh va lue evidence pr ocedures, ope rational
requirements, evidence control/procedures, fiscal procedures, etc.
ii. Officers will be under the direct daily supervision of the Program Manager
and f ollow a 11 pol icier, procedures and guidelines s pecifically enacted by
RNSP. Should any of the aforementioned policies or procedures conflict with
their ow n d epartment R ules a nd R egulations, t he i ndividual in ember will
immediately bring said conflict to the attention of his/her RNSP supervisor.
The s upervisor w ill, i n t urn, br ing t he in atter t o t he a ttention of t he R NSP
Program Manager, who will take the necessary action to allay the conflict.
b. Salaries and Benefits: The participating agencies will be responsible for the salaries
and related expenses of all personnel assigned to RNSP. Upon request, participating
local agencies will be reimbursed for overtime hours worked by RNSP personnel.
Last Updated 6/24/16
Page 4
C. Liability: Each pa rticipating a gency i evolved i n R NSP s hall ha ve f ull f inancial
responsibility for their respective personnel assigned to the Program, including any
liability for the negligent or intentional acts or omissions of their personnel, vehicle
accidents, and industrial injury claims. Additionally, the agency shall be responsible
for a ny and a 11 w orkers' c ompensation claims of t heir r espective pe rsonnel i n t he
event of injury during the course and scope of duties while assigned to RNSP.
The County of O range, i is officers, a gents, and employees s hall not be deemed t o
have assumed an y liability f or t he negligent o r in tentional a cts or o missions of
participating agencies, officers, or employees.
d. Complaints/Investizations: Evaluation a nd in vestigations o f c itizen's complaints
against task force members and internal investigations about task force members shall
be handled by the parent agency.
Disciplinary actions w ill be a pproved s olely b y the pa rent a gency. The pa rent
agencies will provide the name, rank, and telephone number of a "liaison supervisor"
who will assist the Program Manager with inquires of mutual concern.
Continued f ailure t o a bide b y t ask f orce pol icies a nd pr ocedures in ay result i n
removal from t he t ask f orce a t t he r ecommendation of t he Program M anager with
concurrence of the Executive Board.
TRAINING
New personnel assigned to the RNSP will undergo a mandatory training period. Each field
team will designate a team member to coordinate the training process in order to ensure all
aspects of the Program are being met. Should personnel assigned from a participating agency
not meet the expectations of the RNSP during this training period, RNSP will have the option
to a xtend t he t raining pe riod. S hould t he a ssigned p ersonnel c ontinue t o not in eet t he
expectations of the RNSP, RNSP management will meet and discuss the training deficiencies
with t he r espective a gency at w hich t ime R NSP in anagement may request t he a ssigned
personnel be returned to their department.
FIREARMS
a. Every o fficer as signed to R NSP w ill car ry a f irearm i n acco rdance w ith h is/her
department's policies and procedures. Officers may carry authorized firearms while
off-duty; however, applicable department policies regarding the use of firearms shall
apply.
b. Qualification: Any firearm carried by an officer with the RNSP must be approved by
his/her department and minimum departmental standards for qualification met.
SHOOTING INCIDENTS: Members of RNSP will follow their own agency's policy
concerning firearms discharge and use of deadly force. Any member of RNSP who
discharges his/her weapon will immediately notify:
a. The agency in whose jurisdiction the discharge took place.
Last Updated 6/24/16
Page 5
b. The RNSP Program Manager, who, in tum, will immediately notify each member of
the Executive Board starting with the chief executive officer of the agency where the
involved officer is employed.
c. The w atch co mmander of t he de partment w here the o fficer is a mployed w ill b e
notified by the field supervisor.
d. In those cases where death or serious injury is related to a shooting or the operation of
a motor vehicle, the jurisdictional agency will handle the full investigation according
to its departmental policy and procedure.
OTHER DEFENSIVE EQUIPMENT
Handcuffs: Each officer will have a set of handcuffs available to them when engaged in
any type of enforcement activity (excluding undercover work).
Extra -ordinary Entry Devices: The Board may authorize the purchase and use of extra-
ordinary equipment to assist with rapid entry into suspect buildings as may be necessary
to enhance officer safety.
Protective G arments: A ll officers w ith R NSP w ill h ave a vailable a b ullet-proof
(protective) ve st, pr ovided t o t hem b y t heir r espective a gency. N onstandard i ssued
Tactical Entry Vests will be provided at the expense of RNSP. Officers shall wear their
vests in arrest and search situations.
PRESS RELEASE
a. RNSP w ill c ooperate w ith th a me dia to a ssist th em in o btaining i nformation on
matters of public interest. However, certain information must remain confidential in
order t o pr otect t he c onstitutional r ights of t he a ccused, avoid i nterfering w ith a n
RNSP investigation, or because it is legally privileged.
b. RNSP will function as a unit. All members will refer to themselves as members of
RNSP. If asked what agency you are employed by, the member's response should be
"I am a member of the Regional Narcotics Suppression Program".
c. The Executive Board w ill designate th a "press information of ficer." M embers o f
RNSP w ill not r elease i nformation t o t he pr ess unl ess di rected t o do s o b y t he
Program Manager or the Executive Board.
d. The Program Manager will be available to assist in dissemination or coordination of
such information. The information to be released will be determined by the facts of
each situation and at the direction of the Executive Board. Generally, a description of
the circumstances, which does not prejudice the rights of the suspect(s) or interfere
with an ongoing investigation, will be made public.
RNSP VEHICLES
Each RNSP sworn officer and technical investigative staff may be assigned a v ehicle while
attached to this Program. A ssigned units will not be used by other details or Departments.
Each officer will be responsible to assure compliance with contractual stipulations in the area
of maintaining the vehicle in proper working order, according to the owner's manual/new car
warranty guide, and is responsible for reporting monthly mileage to RNSP support personnel.
Last Updated 6/24/16
Page 6
Vehicles are provided as a necessary investigative tool. As such, they may be driven from the
officer's place of residence to his/her duty assignment and as needed during his/her working
day. V ehicles ar e n of t o b e d riven when an o fficer i s co nsidered o ff-duty, on w eekends,
holidays, or when taking vacation, sick, comp time, or any other scheduled or non-scheduled
time off.
Members shall only use their RNSP assigned vehicle for official RNSP business and, further,
shall avoid creating the impression that these cars are being used for any type of personal
business.
If an officer is scheduled for a vacation or leave from RNSP for more than a two week period
(14 days), the vehicle is to be returned to reduce vehicle costs for this time period.
Vehicle accidents will be handled by the agency having jurisdiction at the location where the
accident occurs. Involved R NSP pe rsonnel w ill r eport a ny accident pur suant t o t heir
department's pol icy/procedure. N othing p recludes f urther i nvestigation or c oncurrent
investigation by the parent department. Each participating agency agrees to assume liability
for its employees as it relates to vehicles. Participating agencies agree to be responsible for
any damage i ncurred to RNSP v ehicles caused by any a ct or om ission on the pa rt of the
respective a mployees, t hird pa rties, o r a cts of G od, a nd participating agencies a gree t o
assume financial responsibility for property damage to or caused by said vehicle.
INVESTIGATIVE EXPENSES
RNSP officers will, if necessary in the performance of their duties, expend Program funds
during narcotics investigations. The majority of expenditures will fall under the petty cash
reimbursement procedure, i.e. supplies and small items of equipment. Receipts MUST be
received and turned in for funds to be reimbursed to the officer. In some instances, officers
may need to expend funds outside the normal petty cash procedure. Included in this area will
be contraband purchases, program maintenance, and operational expenses. In no case will
funds be expended outside Program guidelines.
iii. Contraband P urchases - RNSP o fficers w ill It ave th e a vailability o f
expending f unds for contraband w ith p rior supervisory a pproval ( i.e.:
Narcotics, stolen property, firearms)
iv. Program Ma intenance - will in clude, but not be limite d to, gasoline (in
emergency s ituations w here P rogram-issued c redit c ards a re not honor ed)
meetings to facilitate R NSP b usiness, as w ell as lodging and in oney for
confidential informants and/or witnesses. In those situations where a receipt is
not received for the funds expended (i.e., informant payments), at least one
additional of ficer s hall be pr esent t o pr otect t he c redibility of t he of ficer
disbursing the f unds. On those rare occasions when an of ficer i s unable to
adhere to this policy, a report detailing the dispersal of funds will be written
and included in the informant package.
v. Operational E xpense - Includes an o fficer's expenses i n an u ndercover
capacity, a mergency t ravel w hen c ontinuity of a c ase de mands, l odging,
vehicle rental, and items of special equipment deemed necessary by Program
Supervisors t o e nhance the s uccessful c ompletion of a n ope ration or c ase
investigation.
Last Updated 6/24/16
Page 7
EXHIBIT A
EXECUTIVE BOARD
An Executive Board will direct the affairs of this Program. The voting members of this Board
will be comprised of agency representatives who have personnel assigned to the program.
Keeping in mind that there are circumstances that may arise, which may result in the temporary
withdrawal of an agency's personnel from the Program, it is the intent of this article to allow
for the agency's representative to remain on the Board as a voting member during this
temporary absence. The time frame of the temporary absence will be defined and approved by
the Executive Board. If an agency can no longer maintain the commitment to participate in the
Program with the assignment of personnel, the agency representative must then relinquish their
position as a voting member.
The affairs of this Program will be directed by an Executive Board and the Chairperson. The
Executive Board members include the Chiefs of Police and County Sheriff from the following
agencies:
• Orange County Sheriff's Department
• Santa Ana Police Department
• Orange Police Department
• Newport Beach Police Department
• Tustin Police Department
• Buena Park Police Department
• La Palma Police Department
• California State University Fullerton Police
• Fountain Valley Police Department
• Fullerton Police Department
• Huntington Beach Police Department
• Federal Bureau of Investigation
• United States Drug Enforcement Administration.
Current leadershia: Chairperson Sandra Hutchens, Orange County Sheriff's Department.
If the presiding chairperson of the Orange County Chiefs of Police and Sheriffs Association
is already a member of the Executive Board, the Chairperson may appoint another member to
the RNSP Executive Board.
Last Update 6/24/16
DEA ADDENDUM
PARTICIPATION OF THE UNITED STATES DRUG ENFORCEMENT
ADMINISTRATION (DEA)
DEA will contribute manpower to the RNSP, and will adhere to the guidelines and purposes
of the RNSP as stated in this MOU; however, DEA will not utilize resources of the RNSP,
such as overtime pay. DEA Agents will utilize DEA resources and follow DEA policies and
procedures, which would supersede any conflicting policies proffered by this MOU
a. DEA Agents will follow DEA policy and procedure with respect to the method of
securing, counting, and transporting the seized currency, as well as maintaining the
chain of custody of seized currency.
b. DEA Agents will follow DEA policy and procedure with regard to Confidential
Informants.
c. DEA Agents will utilize the standard DEA -6 for reporting purposes.
d. DEA acknowledges that the United States is liable for any personal injury resulting
from the negligent or wrongful actions or failures to act on the part of DEA personnel
to the extent provided by the Federal Tort Claims Act, 28 U.S.C. §§ 2401(b), 2671-
2680.
e. DEA Agents will not receive overtime pay from the RNSP. In addition, DEA Agents
will utilize their Official United States Government vehicles in accordance with
applicable DEA rules and regulations. In addition, DEA Agents will utilize their
United States Government credit cards; will utilize their DEA issued cellular phones;
and will not utilize program funds or cash advances of the RNSP.
DEA ADDENDUM EFFECTIVE 4/21/11
FBI ADDENDUM
PARTICIPATION OF THE FEDERAL BUREAU OF INVESTIGATION (FBI)
The FBI may contribute agents to the RVSP; if so, the FBI will adhere to the guidelines and
purposes of the RNSP as stated in this MOU. FBI agents will utilize FBI resources and follow
FBI policies and procedures, which would supersede any conflicting policies proffered by the
MOU.
a. FBI Agents will follow FBI policy and procedure with respect to the method of
securing, counting and transporting evidence, electronic surveillance, seized currency,
and any other such items, as well as maintain the chain of custody of same.
b. FBI Agents will follow the United States Attorney General's Guidelines and FBI policy
and procedure with regard to Confidential Informants and Confidential Human
Sources.
c. The use of investigative methods (search warrants, interceptions of oral
communications, etc.) and reporting procedures in connection therewith will be
consistent with the policies and procedures of the FBI. Subject to pertinent legal
And/or policy restrictions, copies of pertinent documents created by RNSP FBI
personnel will be made available for inclusion in the respective investigative agencies'
files as appropriate.
d. As mentioned above, FBI Agents will not receive overtime pay from the RNSP. In
addition, the FBI may provide its assigned agents with an FBI owned or leased vehicle
for official business and only in accordance with applicable FBI rules and regulations,
including those outlined in the FBI Government Vehicle Policy Directive (0430D) and
the Government Vehicle Policy Implementation Guide (0430PG). FBI Agents will
utilize their United States Government issued credit cards and FBI issued cellular
phones.
e. The Parties acknowledge that this MOU may provide RNSP personnel with access to
information about U.S. persons, which is protected by the Privacy Act of 1974 and/or
Executive Order 12333. The Parties expressly agree that all such information will be
handled lawfully pursuant to the provisions thereof. The Parties further agree that if
this access to information by the RNSP personnel requires a change in privacy
compliance documents, those changes will be accomplished prior to access being
granted.
A determination will be made on a case-by-case basis whether the prosecution of RNSP cases will
be at the state or federal level. This determination will be based on the evidence obtained and a
consideration of which level of prosecution would be of the greatest benefit to the overall
objectives of the RNSP.
FBI ADDENDUM EFFECTIVE 7/25/2013
REGIONAL NARCOTICS SUPPRESSION PROGRAM
CHIEF JON T. LEWIS
Newport Beach Police Department
Executive Board, Voting Member
2- 45
Date
Document "RNSP MOU Revision 6/24/16"
h •' q • M
► . _ fI1L�7� ,I
Affm c
LeiiaN I.
fete:_ �1dy�� _