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HomeMy WebLinkAboutResolutions - No. 2013-192RESOLUTION 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 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I 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� tL-0,LSON City Clerk 2013-192 iui DELTA REGIONAL RUTO THEFT TEAM MEMORANDUM OF UNDERSTANDING 2013-2015 Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 MEMORANDUM OF UNDERSTANDING DELTA REGIONAL AUTO THEFT TEAM, I.. OVERVIEW In an effort to suppress vehicle theft crimes and address mounting public concern, the Califomia Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250:114). This bill authorizes the Board of Supervisors to impose- a one dollar fee on ,all passenger"vehicles and a. two dollar fee on all commercial. vehicles. registered in the County to* enhance the capacity of local law enforcement and prosecutors.to deter, investigate, and prosecute vehicle theft crimes: On February 4, 1992,. the San Joaquin -County Board of Supervisors passed and Adopted a. resolution pursuant to Vehicle Code Section 9250:1.4. to. specifically fund local- agency.programs which combatvehicle.theft. On July 1, 1996, a' :memorandum of understanding was entered into between the San Joaquin County. Chiefs' of Police-Sheriff s Office; .District Attorney's. Office and the. California Highway Patrol to: establishthe San Joaquin. County Auto Theft Task Force. The task force was later renamed the Delta Regional Auto Theft Team (Delta RATT). II. MISSION To reduce the incidence of vehicle theft through vehicle theft education, interagency cooperation, maximized apprehensions and enforcement, and, enhanced prosecution of the active vehicle thief. A. Objectives . 1. Increase the number. of arrests and convictions of vehicle theftsuspects. '1'. Gather and disseminate vehicle theft and/or cdmi inal.intelligence information to affected agencies in a timely manner. 3. Identify Locations which are.used .in connection with vehicle theft offenses; and take: appropriate enforcement action. 4.. Identify local trends and patterns of vehicle theft activity to be targeted. by the . Task Force and patrol .personnel: 5.. Increase therecovery rate of stolen vehicles within San Joaquin County;.'. . '� .2 Memorandum of Understanding Delta Regional 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 County.. 8. Increase.public awareness and provide prevention education to curb vehicle theft in San Joaquin. County. . 9: Prosecute auto the and. auto theft related cases more vigorously with the goal of increasing the punishment for these crimes.. - III. TASK FORCE ORGANIZATION A. Executive Board The Executive Board of.Delta RATT (Task Force) should..consisf of the Chiefs of Police,*Sheriff, California Highway Patrol Commander o€.the Valley Division' - Special Services Unit, Chief Probation Officer and District Attorney. - B..Advisory:Committee - A:desighee of the department:head from each participating agency -should .serve on the Task Force Advisory Committee, which should fie -ressponsible for monitoring the operations -and progress of the Task Force operations and. procedures, and to provide guidance 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 46 provide directions, .review long. range. goals and objectives and discuss other -issues identified relevant to the.Task Force. -The Task Force Commander shall serve as the chairperson.of the Advisory'Committee. Quorum voting of the Committee; shall. be by majority vote.. A quorum shall be defined -.as no less than -five. members and shall be by Advisory. Committee members,only: Committee vacancies . should be'flled by the participating.agency.head. C. Task -Force Commander Commensurate with its role as the statewide coordinator for auto theft enforcement, the California Highway Patrol (CHP) Will. provide 'a lieutenant from ..its Valley.Division Investigative Services Unit to.serve as Commander of.the Task Force. The -,Co M'manddr will be. responsible for overall management of the Task Force and will -provide�regular. reports .to -the Executiye.Board. The Commandet , Will dedicate that amount of. time necessary to efficiently manage the -Task .Force: The Commander's salary and benefits. will not be:reimbursed.by the Task Force -Memorandum'of Understanding Delta Regional Auto Theft Team 'June 17, 2013 .D.- Supervision -The California Highway Patrol will provide a Serg:6ant as a full-time'supervisor Of the Task Force.- The CHIP Sergeant will -Pep ort dir6dtly to theTask Force' Commander, and Will have the primary responsibility for supervision of all. Task Force unit members. The Supervisors salary and benefits will not be reimbursed by the Task. Force fund. E:. .Prosecution Staff The San Joaquin County District Attorney's Mice will assign a. Deputy Disitflct. Attorney to vertically prosecute auto* theft. cases. The assigned prosecutor'will be* -considered a. unit'member a provi: and will also des guidance during the preparation.. - of 'cases for trial. A portion of the.Vertical-piosecuto.es salary and benefits will be reimbursed,. by -the Task Force fund as allocated by * the Executive Board. Staff ministrative SulipSupportF. Ad Ip The San Joaquin- County Sheriff's Office. will provide oftefull.time clerical position - -..t -support Task Force office operations.And other fft -du.as'assigned.by.-the task force supervisor. Other activities needing administrative staff support Will Include, but -not be limited to general. adco'Untifig'a ctivities such as 'quarterly and annual activity reports for review by the Advisory Pornmittee. These administrative functions.willbe accomplished by the Task Force Commander through delegation as necessary. The clerical. positiows8lary and benefits will be -reimbursed by the task force fund. G. Detectives/InvesUgAtors Task Force investigative positions .shalt -be staffed by sworn detectives/investigators. fron'I'law enforcement agencies ies within San Joaquin County. Investigative personnel shall perform- the enforcement functions of the. Task Force, and conduct auto -theft investigationson a full time basis. These. .tasks include, but shall not be limited, to; suspect apprehension, - coseF -development, investigative'follow-up,* parple4nd probation sweeps, prq-active. auto theft and other related operations, Delta RATT- liaison to allied agencies and public and.,allied, agency 6d ucation , and, training on auto. theft.. 'The salary and benefits of CHP investigatOrs 'assigned to the Task Ford& will not .,..be reimbursed by the Task Force fund....: As allocated by the Executive Board, a portion of-the.salary and benefits of other detectives assigned to the team.may be reimbursed by the Task Force fund. 4 Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 H 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, Worldng- with the team full time, theprobation 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. f# 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. 1 Personnel Personnel assignments to the. Task Force. shallgenerally be fora minimum of two years, but may be extended by mutual agreement of the Task Force Commander and the Task Force membe' es parent agency. Personnel not meeting. acceptable'standards of performance or. refusing-#o_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 operational. problems will be. accomplished at the lowest level and in the best interest of Delta. RATT. 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 parentagency prior to the time such hours are worked. Personnel assign.ed: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 peace officers in their own jurisdictions. All terms and conditions' -of an employee's labor contract shall be in full effect, and shall be abided by, eventhough the -employee is assigned to the Task Force.' .Whenever a Task Force funded. position remains vacant for more than sixty (60). consecutive calendar days due to illness or injury, the position should be filled by the participating agency consistent with its provisions for- the selection of personnel for the Task Force. The involved agency should. attempt -to replace. personnel without delay. i 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 specified in that section. The.Tatk 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, insofar as it may legally do so, .agrees to hold. harmless all other participating agencies, their officers, agents; and employees i 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. VI.. OPERATIONAL'LOCATION The task force will be ba 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. i -Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 77 ­.personal safety equipment, and -miscellaneous'surveillance items in support of- - their assigned personnel. - All equipment provided by an individual agency shall. 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 Insurance Crime Bureau. The host agency is responsible for outfitting itsvehicle 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 telephonebillswill. be paid for with Task -Force funds. The Task = Force members will -be provided this equip ment;_Procedures will be developed to ensure proper use and accountability for the.equipment. f C. Additional Equipment . The Task Force may provide surveillance equipment, binoculars.; cameras, etc..* i to members from Task Force inventory. Additional or replacement equipment may be 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 (CJIS) . 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..The 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 confidential. fund disbursements: Memorandum of Understanding Delta Regional Auto Theft Team , June 17, 2013 . -E. Task Force Operation 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 dther'sources of identification. The procurement,. 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. bythe Task Force shall be maintained in, a'trust fund. The trust fundshall be administered by the Advisory Committee. Funds shall be used to further achieve the purpose of the Task Force and may. be used to equipment, training,. and/or other lawful expenditures conssistent with the purposes,of the. Task Force. X. STANDARD OPERATING PROCEDURES All Task Force members shall abide by a Standard Operating Procedures (SOFA) I which shall be prepared by the Task Force. supervisor and. approvedby 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 anycase where -the policies or procedures of the Task Forceconflict 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. -Involved 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 -jurisdiction. C. Task Force member evaluations and disciplinary actions shall be handled jointly between the Task Force Supervisor -and the parent agency. Memorandum of Understanding Delta Regional Auto Theft Team June 17, 2013 D. The release of media information, regard ing 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. -or case agent Will 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. forimplementing 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. accountability for 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 portion. of 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.deemeo to take effect not less than thirty (30) days after receipt of the written communication, or upon a. date, established by mutual agreement. . - '9