HomeMy WebLinkAboutAgenda Report - November 6, 2013 C-15AGENDA ITEM
C•15
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing the Chief of Police to Enter Into an Agreement with
the Department of Homeland Security Organized Crime Drug Enforcement Task
Force
MEETING DATE: November 6, 2013
PREPARED BY: Mark Helms, Chief of Police
RECOMMENDED ACTION: Adopt Resolution Authorizing the Chief of Police to Enter Into an
Agreement with the Department of Homeland Security Organized
Crime Drug Enforcement Task Force
BACKGROUND INFORMATION: The Organized Crime Drug Enforcement Task Force (OCDETF)
was developed and implemented in 1982. Since then, OCDETF has
operated a program designed to reimburse State and Local law
enforcement agencies for the overtime costs of sworn officers incurred while assisting in OCDETF
Investigations or approved Strategic Initiatives.
This MOU outlines the reimbursement guidelines and funding requirements. This action is to formalize a
long-standing agreement between Lodi Police Department and the United States Homeland Security
Investigations.
FISCAL IMPACT: Revenues and appropriation are included in the FY 2013/14 budget.
FUNDING AVAILABLE: Not applicable
W po
cc: City Attorney
Jordan Ayers
Internal Services Director/Deputy City Manager
Mark Helms
Chief of Police
APPROVED:
onradt Bartlam, City Manager
ADDENDUM A
OCDETF Pacific Region
Definition of "Full -Time Participation"
The OCDETF State and Local Overtime Program is designed to only reimburse overtime costs
incurred by officers working full-time on OCDETF cases. In order to comply with the
requirement that an officer/agent work full-time, the officer/agent must:
1. Be assigned to work on OCDETF matters full-time and work forty (40) hours per week
on a single OCDETF investigation or multiple OCDETF investigations. Overtime in excess of
40 hours will then be reimbursed.
2. If the officer/agent is not exclusively assigned to work full-time on OCDETF matters,
then overtime can be reimbursed if the officer/agent worked eight (8) hours regular time in a
given day on the OCDETF investigation before claiming any overtime. Overtime in excess of
eight (8) hours will then be reimbursed.
Exceptions to the "Full -Time Participation Rule"
There are limited circumstances where OCDETF State and Local Overtime funding may be
made available for use where investigations have emergency needs for overtime funding or
where scarce resources preclude `full-time participation" by a participating local agency. These
circumstances include the following:
1. Unforseen Emergency Circumstances
Occasionally dedicated OCDETF resources cannot handle a particular enforcement action, such
as an unexpected surveillance; or reaction to unforseen circumstances requires additional non-
federal resources and the investigation would suffer without those additional resources. In those
circumstances incurred overtime may be reimbursed without the officer/agent having worked an
eight (8) hour shift dedicated to the OCDETF investigation, provided that the OCDETF overtime
is done at the request of a supervisor of a sponsoring federal agency in the district where the
investigation is being conducted.
Under no circumstances will more than sixteen (16) hours of claimed overtime for any officer be
reimbursed under this exemption provision without the prior approval of. (1) the
supervising/sponsoring federal agency in the district where the investigation is being conducted;
(2) the OCDETF Coordinator for the sponsoring federal agency; and (3) the Regional OCDETF
Core City Coordinator (or his designee the Core City Executive Assistant).
Agreement (FY14), Page 7
20
Reimbursement under such circumstances will be limited to the overtime incurred in response to the
unforseen circumstances; i.e., when the enforcement action is complete, no additional overtime will be
reimbursed without compliance with #1 and #2 listed above. A memorandum of justification for a
waiver of the "Full -Time Participation Rule" must be submitted with any claim for reimbursement.
Agreement (FYI 2), Page 7
2. Other Exceptions
Any other deviation from the above overtime reimbursement "full-time participation" policy, including
situations where a state or local agency has insufficient personnel to allow the "full-time" commitment
of officers/agents, requires a memorandum of justification for waiver or exem tp ion. No overtime
expenses will be paid under this exception without a waiver memorandum. This memorandum from
the officer/agent's agency must be sent to the sponsoring federal agency Regional OCDETF
Coordinator and the AUSA Core City Coordinator. It must be APPROVED IN ADVANCE of the
performance of any overAme activity w,J�ich does not comply with the "Full -Time Participation Rule".
i
Acknowledged:
Authorized State or Local Official Title Date
(Name and Signature)
s
Agreement (FY14), Page 8
RESOLUTION NO. 2013-191
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CHIEF OF POLICE TO ENTER
INTO AN AGREEMENT WITH THE DEPARTMENT OF
HOMELAND SECURITY ORGANIZED CRIME DRUG
ENFORCEMENT TASK FORCE
WHEREAS, the Organized Crime Drug Enforcement Task Force (OCDETF) was
developed and implemented in 1982; and
WHEREAS, OCDETF has operated a program designed to reimburse State and
local law enforcement agencies for the overtime costs of sworn officers incurred while
assisting in OCDETF investigations or approved strategic initiatives; and
WHEREAS, this agreement outlines the reimbursement guidelines and funding
requirements; and
WHEREAS, this action is to formalize a long-standing agreement between Lodi
Police Department and the United States Homeland Security Investigations.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the Chief of Police to enter into an agreement with the Department of
Homeland Security Organized Crime Drug Enforcement Task force.
Date: November 6, 2013
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I hereby certify that Resolution No. 2013-191 was passed and adopted by the
Lodi City Council in a regular meeting held November 6, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
NDI J �L-OLSON
City erk
2013-191