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HomeMy WebLinkAboutC-8131-1 - MOU (ProAct Task Force)t70 v MEMORANDUM OF UNDERSTANDING ORANGE COUNTY PRO -ACTIVE METHAMPHETAMINE LABORATORY INVESTIGATION TEAM ProAct MOU Effective July 1, 2016 TABLE OF CONTENTS I. NAME............................................................................................................................................ 3 I1. MISSION.......................................................................................................................................3 A. Objectives.............................................................................................................................. 3 III. PROACT TASK FORCE ORGANIZATION............................................................................... 3 A. ProAct Task Force Council................................................................................................... 4 IV. OPERATIONAL GUIDELINES................................................................................................... 4 A. Site Location.........................................................................................................................4 B. Structural Command: ............................................................................................................ 4 C. Supervision............................................................................................................................4 D. Operational Standards........................................................................................................... 4 E. Outside Agencies.................................................................................................................. 5 F. Prosecutorial Support ............................................................................................................ 5 G. Equipment Pool..................................................................................................................... 5 H. Reporting Format.................................................................................................................. 5 1. Evidence Collection.............................................................................................................. 6 J. Undercover Documents......................................................................................................... 6 V. PERSONNEL................................................................................................................................6 A. Enforcement Staffing............................................................................................................ 6 B. Administrative Support Staff................................................................................................ 6 C. Policy and Procedures........................................................................................................... 6 D. Liability.................................................................................................................................6 E. Complaints/Investigations.....................................................................................................7 VI. PROACT TASK FORCE FUNDING........................................................................................... 7 A. Fiscal Procedures.................................................................................................................. 7 VII. TRAINING.................................................................................................................................. 8 VIII. FIREARMS................................................................................................................................ 8 A. Carrying a Fiream................................................................................................................. 8 B. Qualification..........................................................................................................................8 C. Shooting Incidents................................................................................................................. 8 IX. OTHER DEFENSIVE EQUIPMENT........................................................................................... 9 A. Handcuffs..............................................................................................................................9 B. Extraordinary Entry Devices................................................................................................. 9 C. Protective Garments.............................................................................................................. 9 X. PRESS RELEASE......................................................................................................................... 9 A. ProAct Task Force Representation....................................................................................... 9 B. Press Information Officer Designee...................................................................................... 9 C. Coordination of Information................................................................................................. 9 XI. PROACT TASK FORCE VEHICLES.......................................................................................... 9 XII. INVESTIGATIVE EXPENSES................................................................................................. 10 ProAct MOU Effective July 1, 2016 2 I. NAME Orange County Pro -Active Methamphetamine Laboratory Investigation Team (OCPMLIT), hereafter referred to as the "ProAct Task Force". IL MISSION To actively participate in the multi -agency Regional Methamphetamine Task Force (RMTF) as the grant funded Orange County Clandestine Laboratory Response Team (OCLRT), with a collective primary mission to pro -actively seek out and eradicate clandestine labs, with a primary focus on methamphetamine, in the Orange County Region. A. Objectives 1. Reduce the availability of methamphetamine in Orange County. 2. Pro -actively target, investigate, and arrest manufacturers of methamphetamine, as well as new and innovative laboratory operations in the County of Orange, thereby improving public safety by targeting and eradicating hazardous clandestine laboratories. 3. Utilize state and federal intelligence sources to identify illicit clandestine laboratories and manufacturers of illicit drugs, operating in and around the County of Orange. 4. Actively pursue the successful prosecution of those individuals arrested for the manufacturing and distribution of methamphetamine and other illicit drugs manufactured in a clandestine laboratory setting. 5. Utilize the Drug Endangered Children (DEC) protocol when children are found at a lab site (Level 1 Children) or when it is discovered that children are being exposed to drug usage either directly or indirectly (Level 2 Children). The DEC program utilizes a multi- discipline approach combining the resources of the District Attorney's Office, Law Enforcement, Child Protective Services and Health Professionals. 6. Work cooperatively with all law enforcement agencies in Orange County to provide a ready resource for police assistance in mitigating actual and perceived threats to individual jurisdictions presented by clandestine labs. III. PROACT TASK FORCE ORGANIZATION In 1997 the Orange County Police Chiefs' and Sheriffs Association voted to establish the multi -agency Orange County Pro -Active Methamphetamine Laboratory Investigative Team (ProAct Task Force), with State supplemented grant funds awarded through the federal Anti - Drug Abuse Enforcement Program, renamed the Edward Byrne Memorial Justice Assistance Grant Program. During the Fiscal Year 2011-12, the ProAct Task Force experienced a significant shift in oversight due to the state reduction of personnel allocated to drug enforcement. In December 2011, ProAct Task Force was relocated to the Regional Narcotics Suppression Program's (RNSP) facility and as mandated by the ProAct Task Force Council and the RNSP Executive Boards, and made effective May 18, 2012, RNSP began to support the administrative and technical needs of the ProAct Task Force. ProAct MOU Effective July 1, 2016 Effective September 30, 2014, funds administered by the State of California, reimbursing the personnel costs of the ProAct Task Force were reallocated in support of other state programs. The ProAct Task Force continues its investigative and responsive efforts with remaining personnel, of participating agencies who are committed to the mission of the ProAct Task Force. A. ProAct Task Force Council The ProAct Task Force Council provides direction, guidance, and input for the law enforcement operations of the team. The Council is comprised of members of the participating agencies, whose personnel are currently assigned to the ProAct Task Force. See Exhibit A, "ProAct Task Force Council". This MOU will remain in effect for one year, and renewed annually. The ProAct Task Force Council may modify or terminate this agreement at any time, or any article of the agreement by a two-thirds (2/3) vote of the quorum, and will meet on a quarterly basis to address the affairs of the program. IV. OPERATIONAL GUIDELINES A. Site Location The site of this task force shall be at an undisclosed location within the city of Santa Ana, California. B. Structural Command: 1. The Program Manager will be a designee from the Orange County Sheriffs Department with sufficient rank level to provide wide-ranging operational authority. The Program Manager will report directly to the Council on all matters of ProAct Task Force concern. 2. The Operations, Manager will be a designee from one of the participating agencies with sufficient rank level to be responsible for the management responsibilities of the program. The Operations Manager will be directly accountable to the Program Manager. 3. The Administrative Manager will be a non-swom designee from the Orange County Sheriffs Department and is responsible for all financial aspects of the program. The Administrative Manager will be accountable to both the Operations and Program Managers. C. Supervision Supervision of the team will be provided by a Sergeant, as a working member of the ProAct Task Force. Selection of the Supervisor will be based upon level of expertise, past work performance, and availability. Selection of the Supervisor will be from qualified members provided by participating agencies. This selection will be the responsibility of the Program Manager and Operations Manager, with the concurrence of the ProAct Task Force Council. D. Operational Standards ProAct MOU Effective July 1, 2016 El All matters governing operating procedures, standards and guidelines will be designated to balance the rights of citizens and the needs of law enforcement to detect, arrest and prosecute individuals and groups engaged in the sophisticated manufacturing of clandestine laboratories, drug-related and money laundering activities. Effective control of major narcotics offenses depends, to a large degree, on the close working relationship among agencies at all levels of law enforcement. Therefore, all assigned personnel will assist, to their fullest individual ability, in the development of inter- agency cooperation. Personnel not meeting acceptable standards of performance or refusing to comply with ProAct Task Force policies and procedures, may be removed from and assigned to other duties at his/her department. If the Operations Manager determines that it would be appropriate to replace or remove a member, the Operations Manager will discuss the issue with the contributing parent agency. If the participating agency does not concur with the decision of the Operations Manager to remove and replace the participating member, the issue shall be forwarded to the ProAct Task Force Council for final resolution. E. Outside Agencies Requests for Assistance/Notification: It shall be the policy of the ProAct Task Force to respond to the site of a clandestine laboratory and/or requests for case development assistance from any law enforcement agency. The Program Manager will be informed of all requests for assistance. The ProAct Task Force recognizes that the jurisdictional makeup of Southern California lends itself to investigative overlap during the course of narcotics case development. Therefore, strict adherence to standard notification procedures, such as the Los Angeles Clearing House and the Western States Information Network, as outlined in the ProAct Task Force Policy and Procedures, in order to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction. F. Prosecutorial Support It shall be incumbent on the Program members to coordinate a firm and positive relationship between the United States Attorney, the State Attorney General designees and the Orange County District Attorney's office designees. G. Equipment Pool The resource inventory required for this program is provided by the ProAct Task Force and includes, but is not limited to: vehicles, office equipment, radio equipment, and specialized items necessary to effect a laboratory response. In addition, non-standard issued tactical entry vests, unique vehicles, surveillance equipment, and mobile phones will also be supplied to personnel at ProAct Task Force expense. H. Reporting 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. In addition, an internal numbering system, administered by ProAct Task Force support personnel will be ProAct MOU Effective July 1, 2016 utilized to track case activity. I. Evidence Collection Storage and Testing: The facilities of the Orange County Sheriffs Department shall be utilized by to maintain a proper chain of evidence on all items collected in pursuit of case investigations. J. Undercover Documents ProAct Task Force support personnel will facilitate the process, when necessary for assigned officers' acquiring a covert identity. The Program Manager will maintain records and copies of all 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. V. PERSONNEL A. Enforcement Staffin¢ The ProAct Task Force will be staffed by qualified law enforcement personnel recommended for assignment by their participating agencies. Due to the required certifications in clandestine laboratory eradication, assignment to the task force shall be for a minimum of two years. B. Administrative Support Staff Administrative support personnel will be provided by the Orange County Sheriffs Department (OCSD), which consists of (1) Administrative Manager, (1) Investigative Technician, and (2) general office support personnel. Personnel costs will be the responsibility of the OCSD, supplemented by the Orange County Laboratory Response Team (OCLRT) grant. C. Policy and Procedures All members shall abide by the Policy & Procedure Manual set forth, which will be subject to review and approval by the ProAct Task Force Council. 1. The manual shall specify policies and procedures for operations and shall include items such as clandestine laboratory response, case management, confidential informant protocols, search policy, high value evidence procedures, operational requirements, evidence control/procedures, fiscal procedures, etc. 2. Officers will be under the direct daily supervision of the Operations Manager and follow all policies, procedures and guidelines specifically enacted by the ProAct Task Force. Should any of the aforementioned policies or procedures conflict with their own department Rules and Regulations, the individual member will immediately bring said conflict to the attention of his/her direct supervisor. The supervisor will, in turn, bring the matter to the attention of the Operations Manager, who will take the necessary action to allay the conflict. D. Liability ProAct MOU Effective July 1, 2016 11 Each participating agency shall have full financial responsibility for their respective personnel assigned, 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 any and all workers' compensation claims of their respective personnel in the event of injury during the course and scope of their duties while assigned to the ProAct Task Force. The County of Orange, its officers, agents, and employees shall not be deemed to have assumed any liability for the negligent or intentional acts or omissions of participating agencies, officers, or employees. E. Comnlaints/Investieations Evaluation and investigations of citizen's complaints against assigned personnel and internal investigations shall be handled by the parent agency. Disciplinary actions will be approved solely by the parent agency. The parent 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 failure to abide by the policies and procedures may result in removal from the ProAct Task Force at the recommendation of the Program Manager with concurrence of the Council. VI. PROACT TASK FORCE FUNDING The operations shall be funded in part, as described herein, by the Sheriffs Department, as well as proceeds received through the Equitable Sharing process. These funds shall be expended and disbursed in support of law enforcement operations, to include but are not limited to; clandestine laboratory responses, joint operations or training, specialized equipment, forensic services, permissible use expenses incurred due to outside agency assistance, mutual aid response, and any and all other law enforcement related expenses with ProAct Task Force management authorization. The Council may allocate funds to other agreed upon appropriations, within the permissible use guidelines, which governs the ProAct Task Force. A. Fiscal Procedures. 1. Salaries and Benefits — The participating agencies will be responsible for the salaries and related benefits of all personnel assigned. 2. Overtime — Funds, may reimburse overtime expenditures related to personnel assigned, other law enforcement personnel having an investigative support response to the ProAct Task Force mission, nonswom personnel in support of the mission and mutual aid responses. Overtime reimbursement will be based on the permissible uses of the ProAct Task Force. 3. Right to Audit — Each party to this agreement shall make available to authorized representatives of the County of Orange, at all reasonable times, its payroll and other records related to this agreement. The County or an independent auditor may audit such ProAct MOU Effective July 1, 2016 7 records. If an audit determines that ineligible costs have been reimbursed, the agency shall immediately repay to the ProAct Task Force the amount determined to be ineligible. If not repaid within thirty days, the County may also hold the amount determined to be ineligible from future reimbursements. The parties shall maintain the original copies of all records related to expenses and reimbursements for a period of three years after the date the expense is reimbursed. VII. TRAINING Newly assigned personnel will undergo a mandatory training period in relation to operational and surveillance techniques. Personnel not yet certified to respond to clandestine laboratories, will at no time act within a laboratory response capacity, but may assist with investigational follow up. The team will have a designated member to coordinate the training process. Should personnel assigned from a participating agency not meet certain expectations during this training period, management will have the option to extend the training period. Should the assigned personnel continue to not meet these expectations, ProAct Task force management will meet and discuss the training deficiencies with the respective agency at which time management may request the assigned personnel be returned to their department. Once personnel have met the training requirements of operational and surveillance standards, further training and certification in clandestine laboratory response, may be scheduled. VIII. FIREARMS A. Carrying a Fiream Every officer assigned to the ProAct Task his/her department's policies and procedures. Force will carry a firearm in accordance with B. Oualification Any firearm carried by an officer must be approved by his/her department and minimum departmental standards for qualification met. C. Shooting Incidents Members of ProAct will follow their own agency's policy concerning firearms discharge and use of deadly force. Any member who discharges his/her weapon will immediately notify their ProAct Task Force supervisor, who, in turn will immediately make the following notifications: 1. The Supervisor will notify the Operations Manager and the agency in whose jurisdiction the discharge took place, as well as the watch commander of the department where the officer is employed. 2. The Operations Manager will notify the Program Manager, who, in tum, will immediately notify each member of the Council starting with the chief executive officer of the agency where the involved officer is employed. 3. 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. ProAct MOU Effective July 1, 2016 IX. OTHER DEFENSIVE EQUIPMENT A. Handcuffs Each officer will have a set of handcuffs available to them when engaged in any type of enforcement activity (excluding undercover work). B. Extraordinary Entry Devices The Council may authorize the purchase and use of extraordinary equipment to assist with rapid entry into suspect buildings, as may be necessary to enhance officer safety. C. Protective Garments All officers will have available a bullet-proof (protective) vest, provided to them by their respective agency. Nonstandard issued Tactical Entry Vests will be provided at the expense of the ProAct Task Force. Officers shall wear their vests in arrest and search situations. X. PRESS RELEASE The ProAct Task Force will cooperate with the media to assist in obtaining information on matters of public record. However, certain information must remain confidential in order to protect the constitutional rights of the accused, avoid interfering with an investigation, or because it is legally privileged. A. ProAct Task Force Representation All members will refer to themselves as members of the ProAct Task Force. If asked what agency you are employed by, the member's response should be "I am a member of the Orange County Pro -Active Methamphetamine Laboratory Investigation Team or the ProAct Task Force." B. Press Information Officer Designee The Council will designate the "press information officer." Assigned personnel will not release information to the press unless directed to do so by the Program Manager or the ProAct Task Force Council. C. Coordination of Information 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 Council. 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. XI. PROACT TASK FORCE VEHICLES Each sworn officer may be allocated a vehicle while assigned to the ProAct Task Force. Assigned 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 the designated support personnel. ProAct MOU Effective July 1, 2016 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. Vehicles are not to be driven when an officer is considered off-duty, on weekends, holidays, or when taking vacation, sick, comp time, or any other scheduled or non-scheduled time off. Officers shall only use their assigned vehicle for official ProAct Task Force 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 of absence for more than a two week period (14 days), the vehicle is to be returned to reduce vehicle costs during this time period. Vehicle accidents will be handled by the agency having jurisdiction at the location where the accident occurs. Involved personnel will report any accident pursuant to their department's policy/procedure. Nothing precludes further investigation or concurrent 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 incurred to vehicles caused by any act or omission on the part of the respective employees, third parties, or acts of God, and participating agencies agree to assume financial responsibility for property damage to or caused by said vehicle. XII. INVESTIGATIVE EXPENSES Officers will, in the performance of their duties, expend necessary funds during narcotics investigations. The majority of expenditures will fall under the revolving fund 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. Cash reimbursements to personnel can, at NO time be administered utilizing Federal Asset Forfeiture revenue. ProAct MOU Effective July 1, 2016 full I ORANGE COUNTY PRO -ACTIVE METHAMPHETAMINE LABORATORY INVESTIGATION TEAM The undersigned states that they represent and have the authority to execute this Agreement on behalf of their respective agencies/departments and, in signing this MOU, concur with and support the Orange County Pro -Active Methamphetamine Laboratory Investigation Team Task Force as set forth in this MOU, dated July 1, 2016 and for the period and purposes stated herein. CHIEF JON T. LEWIS Newport Beach Police Department 40jvl ature Document "ProAct Task Force MOU Effective 7/1/16" _W . Attest O�t I V V1 v ` Leilani 1. Brown, C Date: C -2 I 726.9 Date EXHIBIT A PROACT TASK FORCE COUNCIL The affairs of the ProAct Task Force will be directed by the Council and the Chairperson of the Council. The voting members of this Council will be comprised of agency representatives who have personnel assigned to the ProAct Task Force. Current Council members include the Sheriff and Chiefs of Police from the following: • Orange County Sheriff s Department • Santa Ana Police Department • Newport Beach Police Department Current leadership: 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 Council, the Chairperson may appoint another member to the Council. ProAct Taskforce Council Effective July 1, 2016