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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�� _