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HomeMy WebLinkAboutORANGE COUNTY REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP)INSURANCE NOT REQUIRED N-2016-108 WORK MAY PROCEED CLERK MJF MUNCIL �A% FILL 2 2 2016 0 �Cyy, NGE COUNTY REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP) MEMORANDUM OF UNDERSTANDING The name of this multi-agency/multi-jurisdictional task force shall be the Orange County Regional Narcotics Suppression Program (RNSP) (hereinafter "Program" or "RNSP"). 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 or money laundering enterprises 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 Program encourages the promotion of coordinated drug enforcement efforts throughout the County, State and Nation, to facilitate maximum cooperation between all law enforcement and prosecutorial agencies. EXECUTIVE BOARD See Exhibit A 4. 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. Amendments to the MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. The term of this MOU is for the duration of the RNSP's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. Any participating agency may withdraw from the RNSP at any time by written notification to the Executive Board at least 30 days prior to withdrawal. 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 Program operations shall be distributed in accordance with applicable federal or state laws/guidelines to the Program. Any asset forfeited pursuant to federal law may be shared equitably with the members of the Program Last Updated 6/24/16 Page t of 7 in accordance with the Attorney General's Guidelines on Seized and Forfeited Property, the US Department of Justice A Guide to Equitable Sharing of Federally Forfeited Property of State and Local Law Enforcement Agencies ("A Guide") and the US Department of Treasury Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies ("Green Book"). a. Asset Sharing: To support and continue joint participation of local law enforcement in RVSP, it has been agreed that assets seized may be divided and returned to the agencies involved based upon their respective sworn 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. Participating agencies must maintain participation in and compliance with the Federal Equitable Sharing Program in order to receive asset sharing from the Program. In addition, no Federal Department of Justice or Treasury asset forfeiture funds received by the program will be utilized for the purpose of offsetting other agency expenses without the participating agencies' continued compliance in the Federal Equitable Sharing Program. 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. In addition, the Board has determined to further offset various expenses of the participating agencies through asset forfeiture funds, where possible, to encourage local department participation. OPERATIONAL GUIDELINES b. Site Location: The site of this Program shall be 2651 Hotel Terrace Drive, Santa Ana, California. a. Structural Command: i. The Program Manager will be a designee from the Orange County Sheriffs Department with sufficient rank level to provide wide-ranging operational authority. The Program Manager will report directly to the Executive Board on all matters of RNSP concern. ii. The Operations Manager will be a designee from one of the participating agencies with sufficient rank level to be responsible for the management responsibilities of the task force. The Operations Manager will be directly accountable to the Program Manager. iii. The Administrative Manager will be a designee from the Orange County Sheriffs Department and is responsible for all financial aspects of the Program. The Administrative Manager will be accountable to both the Operations and Program Managers. Last Updated 6/24/16 Page 2 of 9 c. Enforcement Staffing: The Regional Narcotics Suppression Program is a multi- agency/multi-jurisdictional task force designed to bring the appropriate authorities and highest level of expertise together to focus jointly on drug trafficking and money laundering organizations. d. Operational Standards: All matters governing operating procedures, standards and guidelines will be designated to balance the rights of citizens and the needs of law enforcement to detect, arrest and prosecute individuals and groups engaged in sophisticated drug-related activity 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. e. 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. f 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 standard notification procedures, such as the Los Angeles Clearing House and the Western States hiformation Network — as outlined in the RNSP Policy and Procedures, in order to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction. Prosecutorial Support: It shall be incumbent on the Program members to coordinate a firm and positive relationship between the United States Attorney and the State Attorney designees. 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. g. 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, and mobile phones. This inventory will be supplied to personnel at RNSP expense. h. Reporting Format: The Orange County Sheriffs Department standard report forms and Division of Records numbers shall be utilized for case development and to track program activity. An internal numbering system will be used as well to account for activity. Last Updated 6/24116 Page 3 of 9 i. Evidence Collection: Storage and Testing: The facilities of the Orange County Sheriffs Department shall be utilized by RNSP to maintain a proper evidence chain on all items collected in pursuit of case preparation. j. 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. 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 for sworn personnel: Team Leader/Supervisor/Sergeant— (3) years Officer/Agent/Deputy/Investigator — (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 (4) years. This maximum length of assignment applies to all ranks of lieutenant and below, with exceptions granted for nonswom personnel, special assignments by, and at the specific direction of, the Executive Board. State and local officers assigned to RNSP will work full-time unless otherwise approved by the Executive Board. a. Standard Operating Procedures/Policy: All task force members shall abide by the RNSP Policy Manual, which will be subject to review and approval of the Executive Board. i. The manual shall specify policies and procedures for task force operations and shall include items such as case management, confidential informant protocols, search policy, high value evidence procedures, operational requirements, evidence control/procedures, fiscal procedures, etc. ii. 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. b. Salaries and Benefits: The participating agencies will be responsible for the salaries and related expenses of all personnel assigned to RNSP. Upon request, participating local agencies will be reimbursed for overtime hours worked by RNSP personnel. Last Updated 6/24/16 Page 4 of 9 c. Liability: Each participating agency involved in RVSP shall have full financial responsibility for their respective personnel assigned to the Program, including any liability for the negligent or intentional acts or omissions of their personnel, vehicle accidents, and industrial injury claims. Additionally, the agency shall be responsible for any and all workers' compensation claims of their respective personnel in the event of injury during the course and scope of duties while assigned to RNSP. The County of Orange, its officers, agents, and employees shall not be deemed to have assumed any liability for the negligent or intentional acts or omissions of participating agencies, officers, or employees. d. ComplaintslInvestigations: Evaluation and investigations of citizen's complaints against task force members and internal investigations about task force members shall be handled by the parent agency. Disciplinary actions will be approved solely by the parent agency. The parent agencies will provide the name, rank, and telephone number of a "liaison supervisor" who will assist the Program Manager with inquires of mutual concern. Continued failure to abide by task force policies and procedures may result in removal from the task force at the recommendation of the Program Manager with concurrence of the Executive Board. TRAINING New personnel assigned to the RNSP will undergo a mandatory training period. Each field team will designate a team member to coordinate the training process in order to ensure all aspects of the Program are being met. Should personnel assigned from a participating agency not meet the expectations of the RNSP during this training period, RVSP will have the option to extend the training period. Should the assigned personnel continue to not meet the expectations of the RNSP, RNSP management will meet and discuss the training deficiencies with the respective agency at which time RNSP management may request the assigned personnel be returned to their department. FIREARMS a. 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. b. ©ualiLrcation: Any firearm carried by an officer with the RNSP must be approved by his/her department and minimum departmental standards for qualification met. SHOOTING INCIDENTS: Members of RNSP will follow their own agency's policy concerning firearms discharge and use of deadly force. Any member of RNSP who discharges his/her weapon will immediately notify: a. The agency in whose jurisdiction the discharge took place. Last Updated 6124116 Page 5 of 9 b. The RNSP Program Manager, who, in turn, will immediately notify each member of the Executive Board starting with the chief executive officer of the agency where the involved officer is employed. c. The watch commander of the department where the officer is employed will be notified by the field supervisor. d. hi those cases where death or serious injury is related to a shooting or the operation of a motor vehicle, the jurisdictional agency will handle the full investigation according to its departmental policy and procedure. 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). Extra -ordinary Entrp 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. PRESS RELEASE a. 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. b. 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". c. 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 the Executive Board. d. 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 does not prejudice the rights of the suspect(s) or interfere with an ongoing investigation, will be made public. RNSP VEHICLES Each RNSP sworn officer and technical investigative staff may be 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 proper working order, according to the owner's manual/new car warranty guide, and is responsible for reporting monthly mileage to RNSP support personnel. Last Updated 6/24/16 Page 6 of 9 Vehicles are provided as a necessary investigative tool. As such, they may be driven from the officer's place of residence to his/her duty assignment and as needed during his/her working day. Vehicles are not to be driven when an officer is considered off-duty, on weekends, holidays, or when taking vacation, sick, comp time, or any other scheduled or non-scheduled time off. 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. Vehicle accidents will be handled by the agency having jurisdiction at the location where the accident occurs. Involved RNSP personnel will report any accident pursuant to their department's policy/procedure. Nothing precludes further investigation or concurrent investigation by the parent department. Each participating agency agrees to assume liability for its employees as it relates to vehicles. Participating agencies agree to be responsible for any damage incurred to RNSP vehicles caused by any act or omission on the part of the respective employees, third parties, or acts of God, and participating agencies agree to assume financial responsibility for property damage to or caused by said vehicle. 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 shall 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. In no case will funds be expended outside Program guidelines. iii. Contraband Purchases - RNSP officers will have the availability of expending funds for contraband with prior supervisory approval (i.e.: Narcotics, stolen property, firearms) iv. 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, as well as lodging and money for confidential informants and/or witnesses. In those situations where a receipt is not received for the funds expended (i.e., informant payments), 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. v. 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. Last Updated 6/24/16 Page 7 of 9 EXHIBIT A 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 Executive 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 Chairperson. The Executive Board members include the Chiefs of Police and County Sheriff from the following agencies: • Orange County Sheriffs Department • Santa Ana Police Department • Orange Police Department • Newport Beach Police Department • Tustin Police Department • Buena Park Police Department • La Palma Police Department • California State University Fullerton Police • Fountain Valley Police Department • Fullerton Police Department • Huntington Beach Police Department • Federal Bureau of Investigation • United States Drug Enforcement Administration. Current leadership: Chairperson Sandra Hutchens, Orange County Sheriff s Department. If the presiding chairperson of the Orange County Chiefs of Police and Sheriffs Association is already a member of the Executive Board, the Chairperson may appoint another member to the RNSP Executive Board. Last Update 6/24/16 DEA ADDENDUM 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. DEA acknowledges that the United States is liable for any personal injury resulting from the negligent or wrongful actions or failures to act on the part of DEA personnel to the extent provided by the Federal Tort Claims Act, 28 U.S.C. §§ 2401(b), 2671- 2680. e. DEA Agents will not receive overtime pay from the RNSP. In addition, DEA Agents will utilize their Official United States Government vehicles in accordance with applicable DEA rules and regulations. In addition, DEA Agents will utilize 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. DEA ADDENDUM EFFECTIVE 4/21/11 FBI ADDENDUM PARTICIPATION OF THE FEDERAL BUREAU OF INVESTIGATION (FBI) The FBI may contribute agents to the RNSP; if so, the FBI will adhere to the guidelines and purposes of the RVSP as stated in this MOU. FBI agents will utilize FBI resources and follow FBI policies and procedures, which would supersede any conflicting policies proffered by the MOU. a. FBI Agents will follow FBI policy and procedure with respect to the method of securing, counting and transporting evidence, electronic surveillance, seized currency, and any other such items, as well as maintain the chain of custody of same. b. FBI Agents will follow the United States Attorney General's Guidelines and FBI policy and procedure with regard to Confidential Informants and Confidential Human Sources. c. The use of investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. Subject to pertinent legal And/or policy restrictions, copies of pertinent documents created by RNSP FBI personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. d. As mentioned above, FBI Agents will not receive overtime pay from the RVSP. hi addition, the FBI may provide its assigned agents with an FBI owned or leased vehicle for official business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). FBI Agents will utilize their United States Government issued credit cards and FBI issued cellular phones. e. The Parties aelmowledge that this MOU may provide RNSP personnel with access to information about U.S. persons, which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by the RNSP personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. A determination will be made on a case-by-case basis whether the prosecution of RN SP cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the RNSP. FBI ADDENDUM EFFECTIVE 7/25/2013 REGIONAL NARCOTICS SUPPRESSION PROGRAM CHIEF CARLOS ROJAS Santa Ana Police Department Executive Board. Voting Member Signature Document "RNSP MOU Revision 6/24/16" APPROVED AS TO FORM Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZ S City Manager Date 711elllk ATTEST: MARIA D. HUIZAd Clerk of the Council N-2016-108