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HomeMy WebLinkAboutC-4823 - Regional Narcotics Suppression Program Memorandum of Understanding`rp REGIONAL NARCOTICS SUPPRESSION PROGRAM MEMORANDUM OF UNDERSTANDING ARTICLE: ONE NAME The name of this multi -agency and multi -jurisdictional task force shall be the Regional Narcotics Suppression Program (RNSP) (hereinafter "Program" or "RNSP"). ARTICLE: TWO PURPOSE The purposes of this Program are: To target, investigate and prosecute individuals who organize, direct, finance or otherwise engage in high-level drug trafficking enterprises or money laundering with high priority emphasis on those subjects engaged in the importation of drugs into or through Orange County and the interdiction of such illicit pipelines. The promotion of coordinated drug enforcement efforts throughout the County, State and Nation, encouraging maximum cooperation between all law enforcement and prosecutorial agencies. ARTICLE: THREE 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 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 Chairman Santa Ana Police Chief, Paul Walters. Additional Executive Board members include the Chiefs of Police and County Sheriff from the following agencies: Santa Ana Police Department, Orange Police Department, Newport Beach Police Department, Fullerton Police Department, Tustin Police Department, Buena Park Police Department and the Orange County Sheriff's Department, along with members from the Bureau of Narcotic Enforcement, Federal Bureau of Investigations, and the United States Drug Enforcement Administration. Revised 4/21/11 CURRENT LEADERSHIP Chairman Chief Paul Walters, Santa Ana Police Department If the presiding chairperson of the Orange County Chiefs of Police and Sheriff's Association is already a member of the Executive Board, the chairperson may appoint another member to the RNSP Executive Board. ARTICLE: FOUR 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. ARTICLE: FIVE 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 Task Force operations shall be distributed in accordance with applicable federal or state laws/guidelines to the Task Force. Any asset forfeited pursuant to federal law will be shared equitably with the Task Force in accordance with the Attorney General's Guidelines on Seized and Forfeited Property and A Guide to Equitable Sharing of Federally Forfeited Property of State and Local Law Enforcement Agencies ("A Guide '). Proceeds received by the Task Force shall be divided among the state and local participating agencies, based upon the stated RNSP Asset Forfeiture Procedure in this documents "Administrative Guidelines" ARTICLE: SIX OPERATIONAL GUIDELINES Site Location: The site of this project shall be 2651 Hotel Terrace Drive, Santa Ana, California. Structural Command: The Program Manager will be a designee from the Orange County Sheriffs Department with sufficient rank level to provide wide-ranging operational authority. He will report directly to the Board on all matters of RNSP concern. Operational Standards: All matters governing operating procedures, standards and guidelines will bedesignated to balance the rights of citizens and the needs of law enforcement to detect, arrest and prosecute individuals and groups engaged in sophisticated drug -related activity. Case Initiation: The initiation of all RNSP cases will ultimately be accountable to the Executive Board. Areas of discretion in assigning case priorities will be determined by, but not limited to, the sophistication of the enterprise, the impact on the community, current case load, available staffing and or equipment and workable investigative leads. Enforcement Staffing: The Regional Narcotics Suppression Program is a multi -agency and multi - jurisdictional task force designed to bring the appropriate authorities and highest level of expertise together to focus jointly on drug trafficking organizations. The following commitment Page 2 Revised 4/21/11 shall be (and are subjected to modification) provided by the following agencies to support the Program. Orange County Sheriffs Department One Captain One Lieutenant (JDIG) Three Sergeants Eleven Investigators Two Deputy Sheriffs One Staff Specialist (Office Manager) One Investigative Technician Two Office Specialists Santa Ana Police Department One Commander Two Sergeants Two Investigators Orange Police Department One Investigator Fullerton Police Department One Investigators Newport Beach Police Department Two Investigators Tustin Police Department One Investigator Buena Park Police Department One Investigator Bureau of Narcotic Enforcement One Investigator Federal Bureau of Investigation One Agent Drug Enforcement Administration One Agent Prosecutorial Support: At the inception of this project, it shall be incumbent on the Executive Board members to coordinate a firm and positive relationship between the United States Attorney and the State Attorney designees. Cross -Designation of Attorneys: In order to enhance collaboration between federal prosecutors and their state and local colleagues, it may be advisable to cross -designate local and federal prosecutors. 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. Equipment Pool: The resource inventory required for this program includes but is not limited to: vehicles, office equipment, radio equipment, and specialized items such as non-standard issued tactical entry vests, unique vehicles, surveillance equipment, mobile phones and pagers. This inventory will be supplied to personnel at RNSP expense. Request .for Assistance: It shall be the policy of this program to respond to requests for case development assistance from any law enforcement agency whose situation demands resources beyond their existing capabilities. Page 3 Revised 4/21/11 Reporting Format The Orange County Sheriff's 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, in order to account for activity. Evidence Collection: Storage and Testing: The facilities of the Orange County Sheriff's Department shall be utilized by RNSP to maintain a proper evidence chain on all items collected in pursuit of case preparation. Undercover Documents: RNSP will facilitate 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. ARTICLE: SEVEN 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. As mentioned above, DEA Agents will not receive overtime pay from the RNSP. In addition, DEA Agents will utilize their Official United States Government vehicles and 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. Page 4 Revised 4/21/11 TABLE OF CONTENTS OPERATING STANDARDS 7 PERSONNEL 7 SITE LOCATION 7 COMMAND STRUCTURE 7 CASE INITIATION 7 ADMINISTRATIVE GUIDELINES 8 REPORTING FORMAT 8 • CASE INFORMATION 8 DOCUMENT SECURITY 8 UNDERCOVER DOCUMENTATION 8 FIREARMS 9 ▪ QUALIFICATION 9 o OTHER DEFENSIVE EQUIPMENT 9 PRESS RELEASE 9 ▪ RELEASE INFORMATION 10 MULTI -AGENCY ADMINISTRATIVE CONCERNS 10 • CITIZEN COMPLAINTS 10 • MALFEASANCE 10 EMPLOYEE EVALUATIONS 11 INJURIES SUSTAINED ON -DUTY 11 ON -DUTY MOTOR VEHICLE ACCIDENTS 11 ADMINISTRATIVE POLICY 11 AUTHORIZED USE OF RNSP VEHICLES 11 AUTHORIZED USE OF RNSP CREDIT CARDS 12 AUTHORIZED USE OF RNSP CELLULAR TELEPHONES 12 INVESTIGATIVE GUIDELINES 13 OUTSIDE AGENCIES - REQUESTS FOR ASSISTANCE/NOTIFICATION 13 UNDERCOVER OPERATIONS 13 ° Preparation and Planning 14 o Undercover Operation (U/C) 15 INVESTIGATIVE EXPENSES 16 INFORMANT GUIDELINES 16 ▪ DEFINITION 16 ▪ INFORMANT IDENTIFICATION 17 • PLANNING OPERATIONS INVOLVING INFORMANTS 17 • UNDESIRABLE INFORMANTS 18 SHOOTING INCIDENTS 18 EQUIPMENT POOL 18 EVIDENCE COLLECTION, STORAGE AND TESTING 18 FISCAL GUIDELINES 19 PAYROLL 19 ▪ SICK TIME 19 o OVERTIME 19 Page 5 Revised 4/21/11 SPECIAL APPROPRIATION FUND, FISCAL AND VOUCHER PROCEDURE 20 PROGRAM FUI\'DS 20 OBTAINING CASH ADVANCES FROM FINANCIAL SERVICES 20 END OF YEAR CLOSING OF ONSITE FUND ,1 CUSTODIAN OF THE FUND 21 MAINTENANCE OF THE FUND 22 LOSS OF MONIES 22 CASH ADVANCES 72 AUTFIORIZATIONS 22 ASSET SHARING 22 Page 6 Revised 4/21/11 OPERATING STANDARDS All matters governing operating procedures will balance the rights of citizens and the needs of law enforcement to detect, arrest, and prosecute individuals engaged in major narcotics trafficking and money laundering. 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 RNSP personnel will assist, to their fullest individual ability, the development of inter -agency cooperation. 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: Team Leader /Supervisor/Sergeant — (3) years Officer/Agent/Deputy — (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 (3) years. This maximum length of assignment applies to all ranks of lieutenant and below, with exceptions granted for special assignments, and at the specific direction, of the Executive Board. State and local officers assigned to RNSP will work full-time unless special Executive Board Arrangements have been made. Officers will be under the direct daily supervision of the Program Manager and follow all policies, procedures and guidelines specifically enacted by RNSP. 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 RNSP supervisor. The supervisor will, in turn, bring the matter to the attention of the RNSP Program Manager, who will take the necessary action to allay the conflict. SITE LOCATION The location for this project is 2651 Hotel Terrace Drive, Santa Ana, California 92705. COMMAND STRUCTURE The Program Manager will be a designee from the Orange County Sheriff's Department with sufficient rank to provide wide-ranging operational authority. He will report directly to the Board on all matters of RNSP concern. CASE INITIATION The initiation of all RNSP cases will ultimately be accountable to the Executive Board. Areas of discretion in assigning case priorities will be determined by, but not limited to, the sophistication Page 7 Revised 4/21/11 of the enterprise, the impact on the community, current case load, available staffing and/or equipment and workable investigative leads. ADMINISTRATIVE GUIDELINES REPORTING FORMAT Orange County Sheriff Department report forms and case numbers will be used. CASE INFORMATION Large-scale narcotics investigations are sensitive. Protection of sources of information and managing information about areas of narcotics/drug-related activity are absolutely essential. Dissemination of information and reports will be done on a need -to -know basis in compliance with existing state and federal laws. Written reports are vital to the conduct of RNSP operations. They are our formal means of communication within the Program, with other agencies and with the court. In composing an investigative report, the officer should remember that it will be read by someone else and, most likely, form the basis for action or inaction by the reader. The report may also be read by someone seeking to discredit its contents. Investigative reports will be completed in a timely mariner and will describe activities fully, exactly and plainly. All case reports will be kept in the office of the Regional Narcotics Suppression Program until the conclusion of the case. Questions about the appropriateness of releasing case information will be referred to the Program Manager or a member of the Executive Board. DOCUMENT SECURITY All reports and records will be designated "confidential". This material will be secured under lock and key when unattended. Access to all files (reference dissemination of information) is on a need to know basis. Case files actively being worked will be kept under the direct security of RNSP until the investigation is concluded. At no time will investigative reports or official records be stored anywhere but the designated office of RNSP or the Orange County Sheriffs Support Services Division. In any case, storage of reports and dissemination of information will always be done in strict accordance with applicable local, state, and federal laws. UNDERCOVER DOCUMENTATION RNSP will facilitate assigned officers establishing a covert identity. The Program Manager will maintain records and copies of all correspondence relating to identities issued to officers. These Page 8 Revised 4/21/11 documents shall only be used while the officers are on duty and working in an official capacity and the use of the covert identity is required in the furtherance of the case. The Program Manager may deem additional documentation necessary, such as credit cards, a credit rating, a passport or a social security card to support their identity. These items will be evaluated on a case -by -case basis. In every situation requiring assigned officers to obtain undercover documentation, their respective depaitnient heads will be advised that the required application forms have been submitted. FIREARMS Every officer assigned to RNSP will carry a firearm in accordance with his/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. a QUALIFICATION Any firearm carried by an officer with the RNSP must be approved by his/her department and minimum departmental standards for qualification met. 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). The use of thumb -cuffs is prohibited. 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 GARMENTS: All officers with RNSP 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 RNSP. Officers shall wear their vests in arrest and search situations. OPERATION JACKETS: In arrest, search and similar enforcement situations, members of RNSP shall wear their operation jackets. PRESS RELEASE RNSP will cooperate with the media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the constitutional rights of the accused, avoid interfering with an RNSP investigation or because it is legally privileged. 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". Page 9 Revised 4/21/11 The Executive Board will designate the "press information officer". Members of RNSP will not release information to the press unless directed to do so by the Program Manager or any member of the Executive Board. • RELEASE 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 Executive Board. Generally, a description of the circumstances, which do not prejudice the rights of the suspect(s) or interfere with an investigation will be made. 1. General Information that CAN be released: a) Type of crime (statutes involved) b) Extent of injury or damage c) Value of drugs seized d) Date and time of crime discovery e) Length of investigation f) Suspect name and age (if adult) g) Factual details of the incident 2. Case Information NOT to be released: a) Prior criminal record, character or reputation of the accused b) The existence of contents of any confession, admission or statement given by the accused or failure of the accused to make any statement. c) The identity, testimony or credibility of any prospective witnesses. d) The possibility of a plea bargain. e) Any opinion as to the suspect's guilt or innocence or as to the merits of the case or the evidence of the case. REMEMBER, you are now members of RNSP, and we operate as a UNIT. MULTI -AGENCY ADMINISTRATIVE CONCERNS o CITIZEN COMPLAINTS All participants will abide by and adhere to all policies and procedures regarding the conduct promulgated by their respective parent agencies as well as any additional provisions as set forth in this MOU. The RNSP Program Manager will advise the parent agency of any allegation(s) of misconduct. Investigation of allegation(s) of misconduct will be investigated by the member's parent agency in conformance with their rules, regulations, policies, and procedures. ▪ MALFEASANCE The Chairman will notify the Program Manager, who will advise the parent agency of the criminal misconduct. The investigation into the criminal misconduct will be investigated Page 10 Revised 4/21/11 by the member's parent agency in conformance with their rules, regulations, policies, and procedures. ® EMPLOYEE EVALUATIONS It is recognized by RNSP that all agencies have, at least, annual employee evaluations. When such evaluations are due, a Program Supervisor of the affected employee will assist the appropriate law enforcement supervisor in completing a fair and objective evaluation for the rating period. ▪ INJURIES SUSTAINED ON -DUTY When an RNSP officer is injured on -duty, it will be necessary to follow the procedure as required by that officer's agency. In case of an emergency, the officer will receive immediate medical attention in the most expedient manner. In order to assist program supervisors in ensuring an officer's injury is treated without unnecessary delay, every officer assigned to RNSP will supply his supervisor with a packet containing the forms and applicable instructions for processing. • ON -DUTY MOTOR VEHICLE ACCIDENTS If an RNSP officer is involved in an accident while on -duty, a long form accident report will be completed by the jurisdictional agency and pictures taken of all vehicle damages. Copies of reports will be forwarded to the officer's agency and the RNSP Program Manager for further review and necessary action. The involved officer will be responsible for any other requirements per his/her departmental policy. Each member agency is responsible for damage reimbursement and/or all torts arising from any motor vehicle accident. ▪ ADMINISTRATIVE POLICY All members of RNSP will be expected to conform to their department's policies and procedures as well as any additional policies and procedures set forth by RNSP; such as, performance expectations, punctuality and chain of command. Note: RNSP relies upon its individual member agencies to develop ethical standards for their officers, as each department must deal with a variety of issues peculiar to their individual circumstances. The Executive Board directs Officers of the Program to comply with the Ethical guidelines provided by their respective agency. • AUTHORIZED USE OF RNSP VEHICLES Each RNSP sworn officer is assigned a vehicle while attached to this Program. 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 Page 11 Revised 4/21/11 proper working order, according to the owner's manual/new car warranty guide and is responsible for reporting monthly mileage to RNSP support personnel. Vehicles are provided as a necessary investigative tool. As such, they may be driven from the officer's place of residence to his 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. 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. AUTHORIZED USE OF RNSP CREDIT CARDS Each sworn officer will be provided one or more gasoline company credit cards by RNSP. These credit cards are to be utilized to purchase gasoline for the vehicle assigned to the Program. Upon a Program Supervisor's approval, they may also be used to pay for minor emergency repairs and/or supplies directly related to the operation of the assigned vehicle (i.e., oil, tire repair, etc.) They may be used to pay for having the RNSP-assigned vehicle washed, but no more frequently than once a week. These credit cards are NOT to be used to purchase ANY other items such as food, beverages, cigarettes, maps etc. All gasoline company credit card receipts will be maintained by the officer along with a log of all purchases charged on these credit cards. These receipts and log(s) will be submitted to a Program Supervisor on a weekly basis or as necessary for review and verification. m AUTHORIZED USE OF RNSP CELLULAR TELEPHONES Cellular telephones supplied to officers assigned to the Program are to be used for RNSP- related business ONLY. Copies of bills received from Sheriff's Financial/Administrative Services shall be provided to each sergeant and lieutenant for review. Should a sergeant or lieutenant identify any questionable use of the cellular phone, he/she shall detennine if the usage falls within guidelines. Page 12 Revised 4/21/l 1 INVESTIGATIVE GUIDELINES OUTSIDE AGENCIES - REQUESTS FOR ASSISTANCE/NOTIFICATION It shall be the policy of RNSP to respond to requests for case development assistance from any law 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 overlap during the course of narcotics case development. RNSP will, therefore, strictly adhere to the following notification procedures in order to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction. NOTIFICATION Prior to actually opening an active case, RNSP will contact the L.A. Clearinghouse @1-800-LA CLEAR and Western States Information Network to see if any agency has provided information on the subject(s). (The LA CLEAR check will be used to make the first check for other agency involvement in an RNSP investigation.) After opening a case, RNSP will utilize the information of LA CLEAR and WSIN as to identifying the case and subjects being worked so as to facilitate communications between investigative agencies and eliminate duplication of effort. NOTE: RNSP will maintain a close communication with the affected jurisdiction throughout its investigation. When executing search warrants or an arrest warrant at least one uniformed officer from the appropriate agency will be requested and utilized, when possible. Members of RNSP will notify the appropriate agency's watch commander of the Jurisdiction involved regarding the type of activity to take place, the location and the approximate time of the operation. The Los Angeles Deconfliction Center, LA CLEAR (War Room), will also be provided the same information. RNSP will, when possible notify the narcotic detail of the affected agency: 1. To prevent a duplication of effort 2. To protect undercover officers, and 3. As a means to gather additional intelligence. When leaving the area of an operation after completing their activity, the RNSP supervisor will advise the watch commander and profile any seizure. (This applies to any enforcement activity which resulted in an arrest or seizure of narcotics or currency.) The supervisor will also document appropriately any damage resulting from this activity. UNDERCOVER OPERATIONS RNSP will have numerous occasions to conduct undercover operations. Specifically, this may entail introducing an undercover officer(s) to narcotic traffickers in order to purchase drugs or Page 13 Revised 4/21/11 infiltrate their organization. In order to insure officer safety, the following guidelines will be adhered to: ° PREPARATION AND PLANNING Discuss the purpose and intention of the operation with your Program Supervisor. Depending upon the magnitude of the investigation, it may require prior approval through the Program Manager to the Executive Board. 1) Determine Logistical Needs: A. Staffing: The Program Supervisor will assess each case to determine if special tactics or the utilization of a special weapons team will be needed. (Jurisdictional responsibilities will be recognized.) B. Equipment (i) Communications (ii) Wire Intercepts (iii) Air Support (iv) "Flash roll" (US Currency) (v) Specialized electronic surveillance devices, i.e. CCTV monitoring, body wire, etc. 2) Plan Formulation A. Indicate the scenario the U/C officer will utilize B. Designate a case agent C. Prepare a case history on the violators involved. 3) Operational Plan A. A formal operational overview will be developed by the case agent on all narcotics investigations involving buy/busts, arrest and search warrant services B. Overview Format i) The written overview will include: suspect information, criminal history, pictures, vehicles and associates. ii) A brief case history or the suspects method of operation and other criminal tendencies. iii) Maps, Diagrams and Addresses; a. Clothing description b. Undercover vehicle description c. Money d. Clothing description of UC and CI e. Arrest and trouble signal (visual & audio). 4) List of all officers involved, including their assignment and vehicle and equipment responsibilities. 5) Notification of the law enforcement agency where the operation will take place will be noted, including who was notified. Also, LA CLEAR will be notified in all such situations. Page 14 Revised 4/21/11 6) Communication channel frequency for the operation and necessary clearances from Control 1. (An alternative frequency should be included in case of communication problems on the primary channel.) 7) Before starting, a complete briefing will be conducted and the written operational plan will be reviewed. • UNDERCOVER OPERATION (U/C) 1) The UC will not deviate from the plan unless he/she is able to obtain supervisory approval during the operation. 2) When the arrest signal is given, the UC will not be involved in the actual arrest unless the situation absolutely dictates his/her intervention. 3) If, during the operation, the UC is robbed by the suspects for the flash money, he/she will immediately give the trouble signal and rely on the cover/surveillance units to take appropriate action. NOTE: See "Fiscal Guidelines" for procedures in regards to lost or stolen monies. 4) The UC officer will never advance funds for the purchase of narcotics or contraband. Additionally, he/she will not utilize any Special Appropriation funds for narcotic or contraband purchases without prior supervisory approval. 5) The UC officer will never meet with suspects in a narcotic investigation without proper surveillance and cover units. 6) Section 11367 of the Health and Safety Code provides immunity from prosecution to authorized peace officers or other agents while investigating violations of the Health and Safety Code. A. RNSP officers shall not use narcotics or controlled substances during the performance of their duties or at any time for the purpose of aiding an investigation. The ONLY exception to this policy will be in a life threatening situation presumed by the UC officer in an undercover narcotic investigation. Should such a circumstance arise, the investigating officer shall report, as soon as possible, to the Program Manager all of the events before, during and after his/her ingestion of the narcotics or controlled substance, with a detailed written report submitted as soon as practical. The Program Manager will ensure that the officer has received immediate and appropriate medical attention and then report the incident to the Executive Board for final action. B. RNSP officers shall not give away or sell narcotics or a controlled substance to anyone in the performance of their duties unless it has been previously approved by the RNSP Program Manager. 7) Use of Alcohol A. Consuming alcoholic beverages in the performance of duties will be permitted while exercising extreme caution and good judgment, and only when absolutely necessary for the furtherance of the investigation. Page 15 Revised 4/21/11 B. Any officer who has consumed alcoholic beverages during an investigation will not be assigned to an arrest or entry team at the culmination of that investigation if the arrest situation is in close enough proximity to his/her consumption of alcohol as to call his/her sobriety into question. 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. o Contraband Purchases - RNSP officers will have the availability of expending funds for contraband with prior supervisory approval. (i.e.: Narcotics, stolen property, firearms) o Program Maintenance - will include but not be limited to gasoline (in emergency situations where Program -issued credit cards are not honored), meetings to facilitate RNSP business, lodging and money for confidential informants and/or witnesses. In those situations (i.e., informant payments) where a receipt is NOT received for the funds expended, at least one additional officer shall be present to protect the credibility of the officer disbursing the funds. On those rare occasions when an officer is unable to adhere to this policy, a report detailing the dispersal of funds will be written and included, in the informant package. o Operational Expense - Includes an officer's expenses in an undercover capacity, emergency travel when continuity of a case demands, lodging, vehicle rental and items of special equipment deemed necessary by Program Supervisors to enhance the successful completion of an operation or case investigation. In no case will funds be expended outside Program guidelines by any officer assigned to RNSP without approval from a Program Supervisor or Manager. INFORMANT GUIDELINES DEFINITION Confidential informants are those persons who, by virtue of their surroundings and associates, have access to information and are predisposed to provide the information to the police. They may be one-time informants, sporadic informants or informants who report with some degree of regularity over long periods of time. Informants are most normally on the fringes of criminal activity but can be at or near the core of the activity. INFORMANT: DIRECTED Informant - Directed is a person you control or direct to obtain information. SOURCE Informant - Source is a person who provides you information but is not directed or controlled by you. Page 16 Revised 4/21/11 CIVIL LIABILITIES It is the responsibility of each investigator to be aware of the civil liabilities involved in the use of Informants. INFORMANT DO'S AND DON'TS V DO have a clear understanding with the informant as to what he/she is allowed to do and cannot do. ✓ DO question and TEST information provided. ✓ DON'T otherwise meet with him/her where his/her association with you can be compromised. ✓ DON'T tell him/her anything other than what he/she must know to do the job. ✓ DON'T allow him/her to run the investigation. ✓ DON'T accept information at face value. Corroboration is a necessity. ✓ DON'T compromise your Job or position by becoming intimate with your informant. ▪ INFORMANT IDENTIFICATION 1. The informant's identity must always be known to the Program Supervisor and Manager. 2. Knowing the name of the informant is not enough; a complete identification package will be maintained. a. A review of the Informant's criminal record is essential, as well as a photograph, fingerprints, if possible, and a personal history. b. Access to informant files must be limited to a "need -to -know" basis ONLY. 3. An informant package will be prepared on every informant. a. The most important information is the criminal history record or "rap sheet". b. Current photograph(s) and fingerprints should be readily available in the event the informant becomes a suspect. c. The personal history should be included. d. A coded identification number should be used. Interviews should always include the partner officer (especially with female informants). Rapport should be established between the informant and two officers to preclude unwarranted personnel complaints as well as to avoid losing important information if one officer is unavailable. e PLANNING OPERATIONS INVOLVING INFORMANTS Planning includes proper time, manpower and logistical support: Page 17 Revised 4/21/11 1. The case agent must control the direction of the operations - and the informant. 2. They must never place themselves in the position of having to take action when there is not enough manpower or equipment. 3. The entire relationship and direction must come from the officer. It is not uncommon for the informant to attempt to become involved in planning. The informant should not be present at briefings. • UNDESIRABLE INFORMANTS When a case agent is aware an informant is undesirable, all contact with the informant should cease and the reasons should be noted in his/her informant package. This information will then be disseminated throughout the narcotic enforcement community. Also, when the case agent deems necessary, informants will be checked through OCNII, LA CLEAR and WISN, prior to utilizing their services to verify if the informant has been discredited. SHOOTING INCIDENTS Any member of RNSP who discharges his/her weapon during the performance of duty will immediately notify: 1. The agency in whose Jurisdiction the discharge took place. 2. The RNSP Program Manager a) Who, in turn will immediately notify each member of the Executive Board, starting with the chief executive officer of the agency from which the involved officer is employed. 3. The respective department's watch commander from which the officer is employed will be notified by the field supervisor. 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 their departmental policy and procedure. EQUIPMENT POOL The office space, office equipment, radio equipment, in house covert equipment, as well as specialized items needed in certain types of cases, and vehicles will be provided by RNSP and maintained by the Investigative Technician. Situations requiring air support, unique vehicles or other limited -purpose inventory will require cooperative scheduling from member agencies. EVIDENCE COLLECTION, STORAGE AND TESTING The facilities of the Orange County Sheriff's Department will be utilized by RNSP to maintain a proper evidence chain on all items collected in pursuit of case preparation. All evidence obtained Page 18 Revised 4/21/11 during an investigation will be tagged and placed into an appropriate Sheriffs Department evidence locker without unnecessary delay. In addition, when handling seized narcotics or money, no less than two officers at a time will be detailed to actually move or count such contraband. Further, at no time after seizure and prior to placement in secure storage, will less than two officers be allowed to maintain security on such items. As a matter of routine, seized currency will be placed into a plastic bag designed for that purpose. This receptacle will be sealed, dated and initialed by the case agent(s) and only opened for purposes of counting. Often, currency seized as a result of RNSP investigations will be forfeited through a federal government agency. Because of this, the money will be turned over to federal agents, as soon as possible, after the seizure and the Federal Agent will conduct an exact count of the cash. Unless the Federal Agent is at the scene of the seizure, then the forfeited currency will be turned over immediately. If the forfeiture is to be conducted through state proceedings, the money will be handled as described above, however the money will be counted by RNSP detectives prior to the currency transportation to a banking institution. Then, the bank officials will recount the money in the presence of RNSP employees to verify the count prior to deposit. Any deviation from these procedures will require the prior approval of the Program Manager. FISCAL GUIDELINES PAYROLL All personnel assigned to RNSP will be paid by their respective agency. It is the responsibility of the Program Supervisor to accurately report work hours of each member to the Program Timekeeper daily. Once the time keeping has been approved, each officer will report his/her hours to their respective agency, as required by their guidelines. a SICK TIME All personnel will utilize sick time in accordance with their respective agency's policy and procedure. Reporting of sick time will be made to an RNSP Program Supervisor. Each officer will be responsible for reporting sick time to their respective agency. ® OVERTIME All personnel will contact/notify the Program Supervisor for approval prior to working overtime. All personnel will, as required, work beyond their normal work day or respond on call -outs as deemed necessary by the Program Manager or Supervisor. All overtime worked in connection with RNSP cases will be reimbursed to the participating agencies on a monthly basis. Each respective agency will submit an RNSP claim for overtime worked by their respective personnel for all RNSP related overtime. The claim forms are to be submitted no later than the 10th of the following month for that particular claim. Each claim is also to have attached, a Page 19 Revised 4/21/11 breakdown, by day, of hours worked and should be submitted on their agency department letterhead. Reimbursements will then be made after all claims have been received. Once monthly, RNSP will forward timesheets, reflecting hours worked by persons assigned to the Program, to each officer's respective agency's timekeeper for review and verification. SPECIAL APPROPRIATION FUND, FISCAL AND VOUCHER PROCEDURE A Special Appropriations Fund has been established to allow RNSP personnel to charge expenditures as necessary, in the performance of their duties directly related to Program functions. The utilization, responsibility, accountability and control of this fund will be determined exclusively by the Executive Board. The Orange County Sheriff's Department Financial/Administrative Services will maintain a record of this fund throughout the fiscal year. The Financial/Administrative Services will certify all expenditures and obtain the Sheriff or his designee's signature. Members of the Orange County Sheriffs Department Financial/Administrative Services will, periodically throughout the fiscal year, conduct surprise audits of RNSP to determine if the Program Manager's accounting of funds is accurate and in compliance with these guidelines. a PROGRAM FUNDS Program funds are authorized expenditures incurred by officers while in the performance of their RNSP duties. They must directly relate to the continuing development of an investigation or informant. The fund will be reconciled quarterly by RNSP. Program funds may be paid either from a standing advance or through funds advanced by the Program. Expenses will be claimed on an "Expense Voucher" fonn number F0680206.1. This voucher can be made for: a. Program Maintenance b. Operational Expense c. Contraband Purchase The voucher will include a statement as to which category the money was expended under. By signing the voucher, the officer is attesting to the validity and necessity for the expenditure. Once the voucher has been completely filled out, including; Date, Amount, Reason, and Signature of requestor, the voucher is submitted to the Operational Supervisor for review and the Program Manager for final authorization. OBTAINING CASH ADVANCES FROM FINANCIAL SERVICES Whenever it becomes necessary to obtain a cash advance from the fund, the requestor, and one witness, of the advance will submit to the FinanciaUAdministrative Services a properly completed cash advance request bearing the signature of the requestor and the proper approval Page 20 Revised 4/21/11 signature. The cash advance form will be in three parts to be retained in the following manner: Copies 1 & 2 Financial/Administrative Services, Copy 3 - Recipient of the cash advance. Upon assuring the completeness of the Cash Advance form, the Financial/Administrative Services Division will issue the advance and make the proper entry in the fund ledger. "Flash" Fund Procedure The Operational Manager and Program Manager must be notified prior to utilizing the Special Appropriations Fund for "Flash" purposes. Flash fund money will not be used to buy contraband. Its use is limited to "flash" money purposes in connection with controlled substances and various special investigations. Should the RNSP Special Appropriations Fund not be sufficient to accommodate the "Flash" purposes, additional Flash monies can be requested through the Sheriff's Department Fiscal/Administrative Services Division. All persons requesting funds will present a Flash Fund Monies Withdrawal receipt form to Fiscal. No maximum cash available figure will be set. Thirty thousand dollars (S30,000) shall be accounted for by Fiscal Services and retained in their inner safe. Should a situation develop wherein an amount in excess of this figure is needed, the Executive Board will arrange to obtain the necessary amount, either through one of the committed agencies or by pooling the various departments flash fund accounts. The flash fund procedure shall be strictly adhered to in order to assure accountability, responsibility and control of the fund. • YEAR END RECONCILIATION The Special Appropriations Fund, including all Flash monies will be closed on June 30th of each year. A full accounting of all expenditures will be made to Fiscal Services and forwarded to the Auditor -Controller. All cash advances from the fund MUST be cleared by June 30th. • CUSTODIAN OF THE FUND The custodian of the fund is designated by the Program Manager. The designee will: Have access to the fund (including knowledge of or access to safe combinations). Retain copies of, cash advance forms, expense vouchers and receipts applicable to the fund. Maintain lists of individuals authorized to draw monies from the fund and individuals authorized to approve advances and expenditures, and will update these lists as appropriate. Deposit all cash on hand as of June 30th of each year into the County Treasury. Release cash to authorized individuals upon receiving properly prepared and approved forms. Accept cash being retumed to the fund and place into the safe and issue a receipt so as to relieve the person returning the cash of further responsibility. Perform any other duties referred to in this procedure or as may be deemed appropriate in compliance with current Sheriffs Fiscal procedures Page 21 Revised 4/21/11 ▪ MAINTENANCE OF THE FUND The Financial/Administrative Services Division will maintain on deposit a workable level of cash at all times. At the beginning of each fiscal year and as required throughout the year, requests for cash warrants will be prepared and submitted to the Auditor -Controller. Pertinent accounting records will be made available to the Auditor -Controller upon his request for inspection and audit. Records containing information relative to the prosecution of a case or cases and/or persons involved in a particular case or cases shall be deemed confidential and shall not be made available. • LOSS OF MONIES In the event monies are lost, stolen or otherwise not accounted for or repaid to the Program Manager's designee, the Program Manager will be notified immediately, an internal review will be conducted and the appropriate documentation will be submitted with the voucher to FiscaUAdministrative Services. In the event the Program's internal review reveals an erroneous intent, the Executive Board will be notified. The Executive Board can notify the Auditor -Controller to initiate an investigation of the circumstances surrounding the loss. u CASH ADVANCES/SPECIAL APPROPRIATIONS No maximum cash available figure will be set. Thirty thousand dollars ($30,000) shall be accounted for by Fiscal Services and retained in their inner safe. • AUTHORIZATIONS The following procedure will be followed in obtaining the $30,000 Special Appropriations fund on hand. Withdrawals are authorized by the Sheriff or an Assistant Sheriff. Funds are released to the custodian and reconciler on the fund. A list of the approved names shall be on file with the Auditor -Controller. ASSET SHARING To support and continue joint participation of local law enforcement in RNSP, it has been agreed that assets seized will be divided and returned to the agencies involved based upon their respective swom contribution to the effort. An estimate of money due each RNSP member agency will be forwarded to every department's chief executive on a quarterly basis. It shall be incumbent upon the head of each participating agency to submit to the Executive Board a claim form for funds due pursuant to this Agreement. This claim 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. Page 22 Revised 4/21 /11 In addition, the Board has determined to further offset various expenses of the participating agencies through asset forfeiture funds, where possible, to encourage local depailuient participation. Page 23 Revised 4/21/11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. REGIONAL NARCOTICS SUPPRESSION PROGRAM CHIEF JAY R. JOHNSON Newport Beach Police Department Date APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: 6/76/// Da&cd.R. Hunt City Attorney ATTEST: � Date: 1 By: Leilani I. Brown City Clerk Document RNSP MOU dated 4/21/11"