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HomeMy WebLinkAboutAgenda Report - November 6, 2013 C-16�•Ib CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing the City Manager and Lodi Police Department Chief of Police to enter into an MOU with the California Highway Patrol Delta RATT Taskforce MEETING DATE: November 6, 2013 PREPARED BY: Mark Helms, Chief of Police RECOMMENDED ACTION: Adopt resolution authorizing the City Manager and Lodi Police Department Chief of Police to enter into an MOU with the California Highway Patrol Delta RATT Taskforce. BACKGROUND INFORMATION: In an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250.14). On February 4, 1992, the San Joaquin County Board of Supervisors passed and adopted a resolution pursuant to Vehicle Code Section 9250.14 to fund local agency programs which combat vehicle theft. On July 1, 1996, a Memorandum of Understanding (Exhibit A) was entered into between the San Joaquin County Chiefs of Police, Sheriff's Office, District Attorney's Office, and the California Highway Patrol to establish the San Joaquin County Auto Theft Task Force; later renamed the Delta Regional Auto Theft Team (Delta RATT). The Memorandum of Understanding outlines the participation and requirements of the City and the Delta Regional Auto Theft Task Force. The Team is staffed with sworn detectives/investigators from law enforcement agencies within San Joaquin County. The Lodi Police Department has participated in Delta RATT since 1996, with one full-time sworn police officer assigned to the auto theft team. As allocated by the Executive Board, a portion of the salary and benefits of the Lodi Police Department detective assigned to the team is reimbursed by the Auto Theft Team fund. Acceptance of these grant funds allow the City to provide services with funds other than the General Fund. The purpose of this action is to formalize the long-standing partnership with Delta RATT. FISCAL IMPACT: Revenues and appropriation are included in the FY 2013/14 budget FUNDING AVAILABLE: Not applicable MH/FM/PO/Pjt cc: City Attorney d"C!-A6t Jordan Ayers Deputy Mana I Services Director Mark Helms, Chief of Police Bartlam, City Manager RESOLUTION NO. 2013-192 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI POLICE DEPARTMENT AND DELTA REGIONAL AUTO THEFT TEAM WHEREAS, in an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250.14); and WHEREAS, on February 4, 1992, the San Joaquin County Board of Supervisors passed and adopted a resolution pursuant to Vehicle Code Section 9250.14 to fund local agency programs that combat vehicle theft; and WHEREAS, on July 1, 1996, a Memorandum of Understanding (Exhibit A) was entered into between the San Joaquin County Chiefs of Police, Sheriff's Office, District Attorney's Office, and the California Highway Patrol to establish the San Joaquin County Auto Theft Task Force, later renamed the Delta Regional Auto Theft Team (Delta RATT); and WHEREAS, the Memorandum of Understanding outlines the participation, which the Lodi Police Department has participated in since 1996, with one full-time police officer assigned to the auto theft team; and WHEREAS, as allocated by the Executive Board, a portion of the salary and benefits of the Lodi Police Department detective assigned to the team is reimbursed by the Auto Theft Team fund. The Memorandum of Understanding outlines the participation and requirements of the City and the Delta Regional Auto Theft Task Force; and WHEREAS, the purpose of this action is to formalize the long-standing partnership with Delta RATT. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Memorandum of Understanding between the City of Lodi Police Department and the Delta Regional Auto Theft Team. Dated: November 6, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------ hereby certify that Resolution No. 2013-192 was passed and adopted by the City Council of the City of Lodi 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 V� L-OLSON City Clerk 2013-192 ffEXXT A 1-' F B.. . T T DELTR REGIONRL ROTO THEFT TERM MEMORANDUM OF UNDERSTANDING 2013-2015 Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 MEMORANDUM OF UNDERSTANDING . DELTA REGIONAL AUTO THEFT TEAM* 1.. OVERVIEW In an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250-14). This bill authorizes the Board of Supery eisors to impose - a one dollar feon all passengervehicles and a. two dollar fee on all commercial. vehicles.registered in the -.County to'enhanae the capacity oflocal law enforcement and prosecutors.to deter, investigate, and prosecute, vehicle theft crimes. On February 4, 1992,, the San Joaquiri County Board of Sup e�vi$ors passed and adopted a. resolution the to Vehicle Code Section 9250:1.4. to specifically fund local- agency.programs which combat vehicle.theft. On July 1,.1996, a' memorandum of understanding was entered into between the San Joaquin County Chiefs' of Police, Sheriffs -Office; .District Attorney's. Office and the, California Highway Patrol to: establish the San Joaquin. County.Aufo Theft Task Force. The task force was later renamed the Delta Regional.Auto Theft Team (Delta RAM. Mernbrandum of Understanding Delta Regl6nal Auto Theft Team June 17, 2013 6. Provide assistance to individual agencies, upon an approved'request, on specific vehicle theft problems within their respective jurisdiction. 7. Provide training in the area'of vehicle theft to law enforcement personnel within San Joaquin Coun 8. increaserovide prevention public awareness and education ucation to curb vehicle theft in San Joaquin. County. 9.' -Prosecute auto theft and. auto theft related cases more vigorously with the goal of increasing the punishment for these crimes.- - I'll.' TASK FORCE ORGANIZATION! A. Ex6dutive Board The Executive Board.of.Delta RATT (Task Force) should..consistof the Chiefs of Police,'$heiriff, California- Highway Patrol Commander of. the Valley Division Special Services Unit, -Chief Probation Officer and District Attorney. B. Advisory. -Committee A designee. of the dep9rtmentheid from each participating agen . cy.-shoyid.serve on the Task Force Advisory Committee, which should be retponsible.for monitoring the operationiand progress of the Task Force operations and. procedures, and to -provideguidance.and input to, the. Task Force Commander. Members of the Committee should meet twice yearly, or as -requested by Committee members to review Task Force operations and -to provide directions, -review long. range. goals and objectives and discuss other- issues identified relevant to the7ask Force. -The Task Force Commander shall 'serve as the chairperson.of the Advi o' 'Committee. 'Quorum. voting of the Com. mitt.ee:shall P ry be by majority vote. A'quor:um -shall be defined -as no less than -five. members and shall, be by Advisory Cornmittee-members only.' Committee vacancies should be'filled by the participating .agency,head. C. Task -Force Commander Commensurate with. its role as the statewide coordinator for auto theft California -Highway. HP)'Will OroVide.i lieutenant from -enforcement the Patrol (C its Valley. Division I nves#gativ6 Services U h it to.serve rvo e se as Commander ofth Task Fdrod. The.-Commanddr will be.respobsiblia.for overall management of the Task. Force and will provide- fogular-reports.to the Ekecutive Board. The Commander will dedi cate that amount of time necessary to efficiently manage the -Task Force., . The 'Co Commander's salary and benefft will not b6beirribursed bv theTask Force -Memorandum'of Understanding Delta Regional Auto Theft Team June 17, 2013 D.- Supervision California Highway Patrol will provide a Sergeant as a full-time supervisor of the Task Force: The CHP Sergeant will -.report directly to the.Task Force Commander, and will have the primary responsibility for supervision of all. Task Force unit members. The Supervisor's salary and benefits will not be reimbursed by the Task. Force fund. E .Prosecution Staff The San Joaquin County District, Attorney's Office will assign a Deputy District Attorney to vertically prosecute auto, theft cases. The assigned prosecutor will be considered a- unit member and will also provides guidance during the preparation. . of cases for trial. A portion of the. vertical..prosecutoes salary and benefits will be reimbursed.. by. the Task Force fund as allocated by the Executive Board. F. Administrative Support Staff The San Joaquin County Sheriffs: Office. will provide one full.time clerical position ...... to --support Task Force .office operations.and other duties..as assigned by the task force supervisor. Other activities needing administrative staff support will •include, but -not be limited to general accounVfig'.aciivities such as quarterly and annual activity reports for review by the Advisory Committee. These administrative functions, will be accomplished by the Task Force Commander through delegation as necessary. The clerical. position salary and benefits will be reimbursed by the task force fund. G. Detectives/[nvesogators Task Force investigative positions shall -be staffed by sworn. detectivesrinve-stigators from law enforcement agencies within San. Joaquin County.. Investigative personnel shall perform the enforcement functions of the. Task Force, and _conduct auto theft investigations. on a full time basis. These. : :.tasks include, but shall not be limited. to; suspect apprehension, -case development, investigativefollow-up, parole and probation sweeps, -pro. -active. auto theft and other related operations, Delta RATT. liaison to allied agencies and public and.,allied, agency education and training on auto theft.. = 'The salary and benefits of CHP investigators assigned to the Task Force will.not be' reimbursed by the Task Force fund.: Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 Probation Officer A San Joaquin County. Probation Officer shall be assigned to the -Task Force to maintain, analyze, and disseminate case information on probationers with auto theft related :violations, Working. with the team full time, the probation officer shall also. be key in preparing and performing pro -active sweeps, contacts and searches. As needed; the probation officer -will prepare necessary documentation connected to probation violation arrests or warrants. A portion of the probation officer's salary and benefits -will be reimbursed by the Task Force fund as allocated by the Executive Board. 1. Evidence Technician The San Joaquin County Sheriff's Office will provide one part-time evidence technician:to support task force operations. The technician salary will be reimbursed by the Task Force fund. J: Personnel Personnel assignments to the. Task Force. shall. gerierally be for a minimum of two years, but may be extended by mutual agreement of the Task Force Commander and the Task Force member's parent agency. Personnel not meeting acceptable'standards of performance or. refusing to comply. with Task. Force policies and-procedures,'may be removed from the Task Force.and transferred back to his/her department. If the Task Force Commander has cause to remove a member, he/she shall discuss the issue with the.participating agency. It is agreed, however, that the*resolution of opgrational-problems will be. accomplished at the lowest level anal in the best interest of Delta'. BATT. Scheduling .of Task Forcepersonnel. shall be the responsibility of the Task Force.. ,Supervisor in accordance with the overtime policies or. guidelines of'the members' respective parent agencies. Whenever practical, the. supervisor shall . discuss overtime. scheduling with the -parent agency prior to the time such hours are worked. Personnel assigned: to the Task Force shall. be deemed to be continuing under the employment of their respective jurisdictions, and shall have the same powers; duties, privileges; responsibilities, and immunities as are conferred upon them. as Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 IV. FISCAL PROCEDURES Task Force funding will come from the amounts provided to San Joaquin County pursuant to Vehicle Code section 9250.14 and will be used to pay for the purposes specked in that'section. The Task Force supervisor will present an annual budget to the Executive Board for approval and will report expenses to the Executive Board on a regular basis. The annual budget will. reflect salary and benefit allocations for each of the reimbursable Task Force positions. Any unused funds received under this section in excess of those budgeted for task force .expenses shall be retained in the trust fund or distributed to 'the participating departments as determined by the Executive Board. V. LIABILITY Each agency participating in this.Task Force shall be responsible for the -acts of - its respective participating agents, :as well as for any losses-, damages, claims, demands, or other liabilities arising out of that agent's services and activities While participating in the Task Force.. Each participating agency shall also be - liable for any. and all worker's compensation benefits for personnel who are employed by them and injured in the course and scope of their duties while_ -assigned. to this Task Force. Each participating agency, insofaras it may legally do so, .agrees to hold. harmless all other participating agencies, their officers, agents; and employees from and against any and all. claims and demands. whatsoever resulting from their negligence or omissions in connection with the acts related to this agreement. VL: OPERATIONAL'LOCATION The task force will be .based in its .own facility. Appropriate space will be leased and paid for by the -California Highway Patrol .to house task force participants,. operations and equipment. .'The Task Force office will be located within San Joaquin County. VII. EQUIPMENT The Task Force Com r"ander will be accountable forequipment assigned to the Task Force and will provide for the accounting of, and safeguarding of fixed .assets.. The CHP shall. provide the Task Forcewith office space, office furniture and equipment, and office telephone. The contribution sof other participating -Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 - personal safety equipment, and miscellaneous surveillance items in support of- -their personnel. ` their . - All -- - --T•-- g p equipment provided by an individual agency shalt. remain the property of that agency, and shall be returned upon termination of that agency's participation. in the Task Force. . 'A. Vehicles Each participating agency is required to supply a vehicle for each employee assigned to an investigative, probation, or evidence technician position within the. Task Force: When available, agencies may procure vehicles.for use in the Task Force through. a purchase program coordinated. by the National 1. isurance Crime Bureau. The host agency is responsible for outfitting its vehicle with basic emergency lighting, safety and communications equipment as normally equipped for unmarked use. In addition low band'vehicle radios, as available, will be provided and installed by the California Highway Patrol. Antennas/cables to . support State radios will be paid for with Task Force Funds. B. Communication Equipment Hand held radios will be prov..ided by the California Highway Patrol.. Other Task . Force communication equipment, including cellular telephones, "air cards" and monthly cellular telephone bills will. be paid for with Task. Force funds.. The Task -=---- Force members will be provided. this equipment:= Procedures will be developed to ensure proper use and. accountbility.for the.equipment. C. Additional Equipment . The'Task Force may provide surveillance equipment, binoculars.; cameras, etc.. to members from Task Force inventory. Additional or replacement equipment may purchased by the Task Force fund. The San- Joaquin County Sheriffs Office shall be responsible for obtaining and maintaining a San.Joaquin `County Criminal Justice Information System (Gilt) . computer link to the Task Force Office. Additional computers and replacements may be purchased by the Task Force fund. D. Confidential funds Confidential :funds will be established yearly by the Advisory Committee and . maintained by the Task.Force for investigative resources and evidence purchases. This money will be established from the San Joaquin County. Vehicle' Theft Funds and replenished as necessary..7he confidential funds will be. maintained at the Task Force office. A safe has-been acquired; to maintain the. funds, and at the same time, provide access and control measures to ensure security of the funds. CHP policy, as contained in HPM 81.1 (Vehicle Theft . Control) Chapter 7, will be the overriding policy relative to aonfidentiial.fund disbursements: ;.7 Memorandum of Understanding Delta Regional Auto Theft Team , June 17, 2013 . .-E. Task Forde:Operaiion Funds The Task -Force will be provided funds, as determined. by the:Advisory Committee, for expenses necessary to conduct auto theft investigations. These funds will be used for equipment, training, cellular telephones, pagers, confidential funds, informant funds, and petty cash. The Task Force Supervisor will prepare an annual budget for approval. and report expenses to the'Advisory Committee on a regular basis.. Vlll. UNDERCOVER DOCUMENTS The use of covert identities to support or enhance undercover operations is essential. This may require detective/investigators to .possess undercover driver's licenses, and/or other'sources of identification. Theprocurement- -utilization, and .control of these documents. will rest with each participating agency. IX. ASSET SHARING Any funds resulting from forfeiture actions or other lawful sources initiated. by the Task Force shall be maintained in: a'trust fund. The trust fund. shall be administered by the Advisory Committee. Funds shall be used to further achieve the purpose of the Task Force and may bei used to buy equipment, training, and/or other lawful expenditures consistent with the, purposes.of the Task Force. X. STANDARD OPERATING PROCEDURES All -Task Force members shall abide by a Standard Operating Procedures (SOP) manual which shall be prepared by the Task Force. supervisor and approved by, - 'the Advisory Committee.* The following items shall be considered SOP of the Task Force, and may be addressed- in greater detail: in the Delta RATT SOP: A. In any .case where 'the policies or procedures of the Task Force conflict with - �those of a member's parent. agency, the member shall abide by the directives of -his ocher own agency. B. The investigation of officer -involved shootings and vehicle accidents with fatalities Will be handled by the.San.Joaquin County Officer -Invol%W,Critical . Incident Protocol. Team.: A parallel investigation may be conducted by any agency when the critical incident involves one of its employees or is an investigative responsibility within its.judsdiction. C: Task Force member evaluations and disciplinary actions'shall be handled jointly between the Task Force Supervisor.and the parent.agency. 8 Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 D. The release of media information,regarding Task'Force operations will; be coordinated through the Task Force:supervisor:. All affected participating. - agencies will be notified, as practical, prior to the release of information to the media. E. Prior to any special operations (i.e., store front, large-scale sweeps, long term covert operations) the Task Force Supervisor. -ot case agent wilt apprise the head of each participating agency of the target and the strategies for the execution of , the operation. An after action report will be prepared and distributed to each - participating agency within 30 days of the .completion of each operation.. (sentence eliminated) F. Should a member or members .of the Advisory Committee wish to amend a procedure or policy as expressed in the agreement or the Task Force SOP; -those changes shall be presented jointly to the entire Advisory Committee and the Task Force Commander, and shall be adopted upon. a majority vote of the Advisory Committee. - All members of the Task Force shall be notified prior to the effective date of any change. in policy or.procedure. - XI. REPORTING A. The Task Force Commander will. be responsible. for implementing a reporting system which tracks team activities, statistics, and accomplishments of Task... Force operation. This .reporting system will serve as -the basis for reports to the:. . Advisory Committee and 'Executive`Board and will ensure_accountabil'ityfor resources, personnel and equipment. B. The'Commander will submit an operational report to the Advisory. Committee . annually. XII. AMENDMENTS TO THE MOU The Executive Board may amend any portionof this MOU by a majority vote of the quorum. XIII. TERM OF AGREEMENT. This. agreement shall. remain in 'effect for two years, :commencing on July 1, -2013 and terminating on June .30, 2015. Any participating agency, desiring to terminate it's participation in -this agreement shall indicate such intent, in writing, to. the Executive Board. The termination shall be deemed to -take effect not less than thirty (30) days after receipt of the -written communication, or upon a.. date.... established by mutual agreement. .