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
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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