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HomeMy WebLinkAboutReso 1990-006 - Shasta Interagency Narcotics Task Force RESOLUTION NO. gQ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE NEW (REVISED) SHASTA INTERAGENCY NARCOTICS TASK FORCE (SINTF) AGREEMENT AND, PURSUANT THERETO, THE FISCAL AGENT AGREEMENT BETWEEN THE CITY OF ANDERSON AND SINTF, AND AUTHORIZING THE CHIEF OF POLICE TO SIGN. WHEREAS , on May 5 , 1986 , under Resolution No. 86-102 , City Council approved the Shasta Interagency Narcotics Task Force (SINTF) Agreement; and WHEREAS , on April 18 , 1989 , under Resolution No. 89-116 , City Council approved a Revised SINTF Agreement to add two agencies , the Shasta County Probation Department and the California Department of Alcoholic Beverage Control, as well as make minor changes in the wording; and WHEREAS , on August 15 , 1989 , under Resolution No. 89-275 , City Council approved a Revised Agreement to reflect that the department head of the Shasta County Probation Department is no longer serving on the governing board of SINTF; that the governing board was reduced by one member; and that a quorum will now consist of four members; and WHEREAS , it is necessary to further amend the SINTF Agreement to add a new Section XV stating that the City of Anderson shall act as the fiscal agent of SINTF for the purposes of receiving and disbursing asset forfeiture proceeds and maintaining the operational funds of SINTF; and 4 . WHEREAS, City Council has considered the recommendation of the Chief of Police that the City of Redding approve the attached Revised SINTF Agreement, as well as the Fiscal Agent Agreement with the City of Anderson, and deems it to be in the best interests of the City of Redding to do so; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Revised SINTF Agreement between the Shasta County District Attorney, the Shasta County Sheriff' s Department, the Shasta County Probation Department, the Redding Police Department, the Anderson Police Department, the California Bureau of Narcotic Enforcement, the California Highway Patrol, and the California Department of Alcoholic Beverage Control, a true copy of which is attached hereto and incorporated herein by reference. 2 . That the City Council of the City of Redding hereby approves the Fiscal Agent Agreement between the City of Anderson and SINTF (Shasta County District Attorney, the Shasta County Sheriff' s Department, the Shasta County Probation Department, the Redding Police Department, the Anderson Police Department, the California Bureau of Narcotic Enforcement, the California Highway Patrol, and the California Department of Alcoholic Beverage Control) , a true copy of which is attached hereto and incorporated herein by reference. 3 . That the Chief of Police of the City of Redding is hereby authorized and directed to sign the Revised SINTF -2- Agreement and the Fiscal Agent Agreement on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the signatures of the Chief of Police and to impress the official seal of the City of Redding on the aforesaid Agreements. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of January , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dahl , Fulton, & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffum, Johannessen ABSTAIN: COUNCIL MEMBERS: None 1d1(4°-#.-- SCOTT CARTER, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM PPROVED: RANDALL A. HAYS , ity Attorney -3- AGREEMENT SHASTA INTERAGENCY NARCOTICS TASK FORCE THIS AGREEMENT made and executed this day of 1990, by and between: Shasta County District Attorney Shasta County Sheriff ' s Department Shasta County Probation Department Redding Police Department Anderson Police Department California Bureau of Narcotic Enforcement California Highway Patrol California Department of Alcoholic Beverage Control 411 PURPOSE The purpose of this document is to formalize and certify, in written form, that the afore-mentioned agencies have agreed to work in conjunction with each other to effectively enforce the controlled substance laws of the State of California as expressed in the Health and Safety Code. These enforcement efforts, in the above-stated cooperative manner, shall be accomplished by the utilization of a drug task force concept rather than relying on individual agency enforcement efforts . Use of this task force concept is intended to insure a well-coordinated, county-wide narcotics enforcement program and increase the flow of narcotic-related intelligence information between the various law enforcement agencies within the County of Shasta. The formalized drug enforcement task force shall be called "The Shasta Interagency Narcotics Task Force. " PROBLEM STATEMENT During 1985, narcotics traffic and all its associated crime problems continued to increase in all areas of Shasta County. The continued increase in marijuana cultivation and clandestine lab- oratories and the unfortunate publicity associated with it have attracted even more of the criminal element which can be identified as a prime cause for the increase in major crimes. While these crimes remain primarily a rural problem, they affect every juris- diction. NEED STATEMENT No single agency within Shasta County has the resources necessary to combat the narcotic problem on its own. No agency has been able to commit sufficient resources to maintain a sustained program that narcotic dealers would consider to be a serious threat. Traffickers are able to continue narcotic sales without fear of detection and prosecution. During the past several years , numerous potential narcotic investigation cases have been left on the "back burner" because of the lack of manpower, vehicles , or money to sustain adequate investigation. Public sentiment against the illegal production, sale and illegal use of controlled substances has never been stronger. This public support serves as a solid foundation for needed and desired increases in the drug enforcement efforts within Shasta County. RECOMMENDATION The chief law enforcement administrators of Shasta County, in conjunction with the California Bureau of Narcotic Enforcement, should develop a special drug enforcement unit to combat the drug and related crime problems within the County. -2- • SECTION I The aforementioned member agencies enter into this Agreement to create the Shasta Interagency Narcotics Task Force for the pur- pose of combining investigative resources in the enforcement of narcotics and controlled substance laws in the State of California and the investigation of other drug related criminal activity pur- suant to California Penal Code Sections 830.1 and 830. 2 and its provisions. The specific goals and objectives of the task force will be as follows : 1 . Initiate investigations involving all levels of drug dealers with the overall objective of identifying and and apprehending major traffickers. 2 . Assist member agencies on specific drug problems within their respective jurisdictions with approval of the Advisory Council . 3 . The Task Force Commander will be responsible for gathering and disseminating drug and/or criminal intelligence information to affected agencies in a timely manner. 4 . Provide training to the participating law enforcement agencies in the areas of narcotics enforcement with approval of the Task Force Commander. 5 . Conduct public presentations to service clubs and civic groups at the request of participating agencies. 6 . The Task Force Commander shall provide a monthly summary report of the task force activities and an annual report to all participating agencies. 7 . Conduct other criminal investigations as approved by a majority vote of the policy board. Personnel com- plaints or internal affairs investigations related to a member of the task force shall be the responsibility of the agency the member represents. 8 . The Advisory Council shall cause to be conducted a quarterly assessment of the unit's management systems , including evidence handling, reporting, reporting pro- cedures, etc. and shallreport results and recommenda- tions to the police board within thirty (30) days. -3- • 411 9 . The Task Force Commander will make quarterly assessment of the unit' s policies and report recommendations for changes to the policy board within ten (10) days of completion of the assessment. SECTION II The department head from each participating agency shall serve on a governing board which shall be responsible for the overall policies of the unit. The governing board shall be known as the Interagency Narcotics Advisory Council and shall include: 1 . District Attorney, Shasta County 2 . Sheriff, Shasta County 3 . Police Chief, City of Redding 4 . Police Chief, City of Anderson 5 . Special Agent In Charge, Bureau of Narcotic Enforcement, Redding 6 . Assistant Chief, California Highway Patrol, Northern Division 7 . Chief Probation Officer, Shasta County 8 . Redding Office Supervising Special Investigator, California Department of Alcoholic Beverage Control SECTION III The Advisory Council shall meet monthly or as called by the chairman for the purpose of reviewing the activities of the Shasta Interagency Narcotics Task Force. The council will evaluate and adjust the goals of the unit if the drug problems in Shasta County suggest such changes. SECTION IV Each member of the Advisory Council shall have an equal vote. Advisory members shall attend meetings and vote on task force busi- ness . Five ( 5 ) Advisory members shall constitute a quorum. A majority vote of the council ( 5 votes) shall be required to pass action items . -4- 410 4 One member of the Advisory Council other than the Special Agent In Charge, Bureau of Narcotic Enforcement, Redding, or the District Attorney, shall be elected chairman for a term of one ( 1) year. No chairman shall hold the position for more than two ( 2) consecutive terms. Minutes of meetings shall be made on all votes and other actions taken. SECTION V It is agreed that the California Bureau of Narcotic Enforce- ment will provide a Special Agent Supervisor ( SA III ) as a full time member of the task force. The Special Agent Supervisor will assume the title and responsibilities of Task Force Commander and as such will have the primary responsibility for supervision of all activi- ties of unit members. The Task Force Commander will report directly to, and will be supervised by, the Advisory Council through the chairperson. SECTION VI Each participating agency will assign personnel to the Task Force as follows: Shasta County District Attorney - one full time clerical Shasta County Sheriff's Office - one -full time police officer Shasta County Probation Department - one full time deputy probation officer Redding Police Department - one full time police officer Anderson Police Department - one full time police officer California Bureau of Narcotic Enforcement - one full time Special Agent Supervisor California Highway Patrol - one full time police officer California Department of Alcoholic Beverage Control - one full time investigator Any person so assigned shall work under the immediate super- vision and direction of the Task Force Commander and shall adhere to the rules and regulations of his individual agency and the operational manual of the task force, as approved by the Advisory Council . -5- • 411 SECTION VII Each participating agency shall be responsible for the full payment of its personnel assigned to the unit, and such salary shall be deemed to be full salary, and due and payable to such assigned personnel while on duty with the unit. The Task Force Commander shall be responsible for shift assignment of unit personnel , time- keeping , and approval of overtime compensation. In allocating over- time, the unit personnel shall conform to ordinances , regulations , and directives as supplied by those member agencies. SECTION VIII Each participating agency will be responsible for obtaining an appropriate undercover vehicle for their personnel assigned to the task force. Discretion as to the source of such vehicles shall remain with each participating agency which may include agency owned, leased, rented, and/or other vehicles that may be borrowed or paid for by private contribution or sponsorship through civic organizations , etc. , consistent with policies adopted by each agency. This responsibility shall include insurance, gas, oil , maintenance, radio installation, and any other expenses associated with each vehicle. The California Bureau of Narcotic Enforcement will provide telephone service, a burglar alarm for office space, a radio base station to interact with a local station to be designed for use by the task force, investigative equipment as needed, and $20,000 in operator/evidence funds ( specific equipment from individual agencies is to be negotiated) . Payment for charges for office rental space , utilities, and telephone charges shall be the responsibility of the California Bureau of Narcotic Enforcement. However, basic office furniture and supplies sufficient to sustain this task force will be provided by the participating agencies. This will not preclude other agree- ments for such furniture and supplies as deemed appropriate by the Advisory Council. All funds handled by the unit, including any petty cash, shall be documented by an appropriate receipt mechanism, and shall be part of the monthly report submitted to the Advisory Council . The Task Force Commander is designated treasurer for pur- pose of handling funds and will personally approve expenditure of operator/evidence funds . SECTION IX It is agreed the County of Shasta, City of Redding, City of Anderson, and the State of California, for their sole negligence , mutually save and hold each other party, and its appointed and elected officials, harmless from all costs, expenses, losses, and damages, including attorney fees , and from all liability for injury to persons, including death or damages to property caused or contributed to by any act or neglect of such party, its agents , representatives, officials or employees, in the performance of this agreement. -6-. 110 411 SECTION X Any duly sworn peace officer, while assigned to duty with the unit, as herein provided, and working at the direction of the Advisory Council, its chairperson and the Task Force Commander, shall have the same powers, duties, privileges, responsibilities, and immunities throughout the Shasta Interagency Narcotics Task Force jurisdiction, as are conferred upon him as a peace officer in his own jurisdiction. SECTION XI The Advisory Council shall review the policy and procedures manual of the task force on an ongoing basis. The Task Force Commander may authorize mutual aid assistance to participating agencies for other criminal matters with the concurrence of the chairman or his designee. SECTION XII A headquarters representative of the California Bureau of Narcotic Enforcement, along with a representative appointed by the council, shall make an annual inspection of the Shasta Interagency Narcotics Task Force and provide the council with a copy of the results within five ( 5) days of receipt of the inspection report. SECTION XIII Any jurisdiction desiring to terminate its participation in this Agreement shall indicate such intent, in writing, to the Shasta Interagency Narcotics Task Force Advisory Council. Termi- nation of participation in this Agreement by such jurisdiction shall be deemed to take effect not less than thirty ( 30) days upon receipt of the written communication of the intent by the Advisory Council. SECTION XIV The operational strength of the Shasta Interagency Narcotics Task Force sworn law enforcement personnel shall be maintained at four ( 4) or more persons at all times. The reduction of the number of sworn Shasta County law enforcement personnel below four (4) will constitute grounds for the California Bureau of Narcotic Enforcement to withdraw from the unit upon thirty ( 30) days notice to the Advisory Council. SECTION XV It is agreed that the City of Anderson shall act as the fiscal agent of the Shasta Interagency Narcotics Task Force for the purpose of receiving and disbursing asset forfeiture proceeds and maintaining the operational funds of SINTF. A separate 'fiscal agent' agreement shall be entered into for this purpose. -7- I hereby enter into and concur with this formal cooperative Agreement for the establishment of the Shasta Interagency Narcot- ics Task Force for the period and purposes as stated above: Dated: District Attorney, Shasta County Dated: Sheriff, Shasta County Dated: Chief Probation Officer, Shasta County Dated: Chief of Police, City of Redding Dated: Chief of Police, City of Anderson Dated: Chief, Bureau of Narcotic Enforcement Dated: Assistant Chief, Northern Division California Highway Patrol Dated: Director, California Department of Alcoholic Beverage Control AT"1'E ST: ANN REED, County Clerk County of Shasta, State of California -8- 410 FISCAL AGENT AGREEMENT • PROPOSAL BY CITY OF ANDERSON 1 . PURPOSE: The California Attorney General' s Office has recently advised drug task forces operating in this State that it is necessary to have a local governmental entity acting in the capacity of fiscal agent for each such task force. This is because the task forces themselves are not legal entities entitled under existing laws to directly receive forfeited assets. The purpose of this agreement is to designate a fiscal agent for the Shasta Interagency Narcotics Task Force ( SINTF) and to establish the procedures and responsibilities which will govern the relationship between this fiscal agent and those agencies participating in SINTF. 2 . FISCAL AGENT DEFINED. The fiscal agent for SINTF shall be the local government agency which receives all forfeited assets on behalf of the participating agencies in SINTF and which performs those limited financial duties described in this agreement. The term "fiscal agent" , as used herein, is not intended to imply that the agency accepting this role exercises comprehensive financial responsibility for all activities of SINTF. That responsibility is shared by all of the participants in SINTF under the basic agreement establishing SINTF. 3 . DESIGNATION OF FISCAL AGENT. The City of Anderson shall serve as fiscal agent for SINTF effective on the date that all agencies participating in SINTF have signed this Agreement. 4 . RESPONSIBILITIES OF FISCAL AGENT. The fiscal agent shall have the following responsibilities: a. To receive all forfeited assets on behalf of SINTF; b. To invest all liquid assets derived from SINTF asset seizures; c. To pay budgeted expenses of SINTF; d. To distribute forfeited liquid assets among the participating agencies or to relinquish them to the appropriate persons in accordance with the law; and e. To provide for an annual audit of all liquid assets it receives. 5. RESPONSIBILITY OF RECEIVING ALL ASSETS: a. NON-LIQUID ASSETS. Although the fiscal agent will technically be responsible for "receiving" all assets I._ Ire 1 ( liquid and non-liquid) forfeited through SINTF activities, SINTF itself shall have the obligation to ( 1 ) take possession of; ( 2 ) inventory; ( 3 ) safeguard; (4 ) sell or distribute (according to legal policies and procedures) ; and (5 ) account for all non-liquid forfeited assets. With respect to these assets, SINTF shall report the status to all agencies participating in SINTF in the manner set forth in the Agreement establishing SINTF and in the Policies and Procedures Manual it adopts. In addition thereto, SINTF will report in detail on the status of all such assets to the fiscal agent no less frequently than annually and at any time upon demand of the fiscal agent. b. HOLD HARMLESS AGREEMENT. In the event that SINTF fails to properly perform the foregoing responsibilities, each agency participating in SINTF agrees to protect, defend, indemnify and hold the fiscal agent harmless from liability, except to the extent that the fiscal agent itself shares a proportionate responsibility as one of the participating agencies in SINTF. c. LIQUID ASSETS. Liquid assets received by the fiscal agent will be cash-type assets seized through SINTF activities and proceeds received from the sale of non-liquid forfeited assets. All liquid assets coming into the possession of SINTF will be inventoried according to the Policies and Procedures Manual adopted by SINTF and then immediately released to the Finance Department of the fiscal agent. This term ( liquid assets) does not include any funds received from the California Bureau of Narcotics Enforcement (BNE) , which funds are used exclusively for purchase of drugs and payment for drug-related information. 6. RESPONSIBILITY OF INVESTING LIQUID ASSETS. The fiscal agent shall have the responsibility of investing all liquid assets it receives. In investing these assets it need not physically segregate them in separate accounts from other investments of its own but shall keep records adequate to document the amount of each individual seizure invested and to ascertain interest earnings on each such seizure for the period of time it is invested. 2 I 41/ The types of depositories and entities in which the fiscal agent may invest seized assets shall be the same as in the case of its own funds. The investments shall, however, provide sufficient accessability so that assets are available for release or distribution as required by law or SINTF policies and procedures . Subject to these limitations, the fiscal agent may otherwise exercise its discretion in making investments of seized assets. 7 . RESPONSIBILITY TO PAY EXPENSES. a. The SINTF Commander shall annually propose an operating budget for use of those forfeited funds to be used for administrative purposes prior to the end of each fiscal year and shall submit the same to each agency participating in SINTF for formal approval and adoption. If a budget for the upcoming fiscal year is not adopted by June 30th of the preceding year, SINTF will continue to operate (pending adoption of a new budget) based upon the preceding year' s budgeted figures just as if the same had been readopted as the new budget. In adopting its annual budget, SINTF will provide for sufficient funds to pay for a complete audit of its financial procedures and activities and to pay the City of Anderson the actual administrative costs incurred in performing the duties assigned by this Agreement. The budget will provide authorization for the SINTF commander to transfer up to $500 between line items without further approval of the participating agencies, but subject to ratification by the advisory council of SINTF. This budget shall be presented to the fiscal agent for its use in monitoring expenditures. b. From time to time throughout the fiscal year purchase requests properly endorsed by the SINTF Commander or his designee, upon receipt of purchase requests properly endorsed, the fiscal agent shall pay all sums so requested provided that any such expenditures do not exceed the amounts budgeted therefor. 8 . RESPONSIBILITY OF DISTRIBUTION/RELINQUISHING ASSETS. a. The fiscal agent shall be responsible to - release assets to the appropriate person or entity upon receipt of a Declaration of Forfeiture Notice or a Court Order. Any interest earnings on the principal sums released will be released to that same person or entity unless instructions to the contrary are included in the Notice or Order. \i 1i11P-ci 3 i b. With regard to those liquid assets deemed "forfeited" , having completed the legal review process, the fiscal agent shall pay or distribute them as follows: , (1 ) The City of Anderson as fiscal agent for SINTF, will be• fully reimbursed for all expenditures made or incurred in connection with the sale of the property, including expenditures for any necessary repairs, storage or transportation. (2) Ninety percent of the balance shall be distributed as follows: (a) Fifteen percent to the District Attorney' s Office which processes the forfeiture action. (b) Eighty-five percent to the member agencies of SINTF according to the then current distribution formula adopted by SINTF. ( 3) Ten percent of the balance shall be paid to the office of Criminal Justice Planning. c. With regard to those non-liquid assets deemed "forfeited" , having completed the legal review process, the fiscal agent shall distribute them in accordance with the policies and procedures approved by SINTF annually or as continued in effect from year to year. 9. RESPONSIBILITY TO AUDIT ASSETS. a. The fiscal agent may exercise its own discretion in selecting an appropriate auditor. No less frequently than annually prior to the end of each fiscal year the fiscal agent will have an audit performed of the financial activities and procedures of SINTF and a copy will then be presented to each of the participating agencies. b. The above-mentioned audit shall concern only the financial policies and procedures of SINTF and shall not be a review of the procedure for or status of maintaining and disposing of those non-liquid assets which are not sold through SINTF. SINTF itself, through procedures adopted by its participating agencies, shall provide for a periodic review of the adequacy of its methods of handling, safeguarding and eventually distributing or disposing of these non-liquid seized and forfeitured assets. The foregoing audit also shall not include any determinations whether California Bureau of Narcotics } 4 Enforcement (BNE) funds used for purposes of paying infor- mants or making drug purchases met the appropriate criteria for payment. These determinations will be made through the periodic review process established by SINTF itself as referenced in the preceding paragraph and by the State of California. The responsi- bility to receive, invest, monitor and disburse these funds does not belong to the fiscal agent for SINTF. 10. AMENDMENT OF THIS AGREEMENT. This agreement may be amended but no amendment shall be effective until approved and adopted by all agencies then participating in SINTF. Dated: District Attorney, Shasta County Dated: Sheriff, Shasta County Dated: Chief Probation Officer,Shasta County Dated: Chief of Police, City of Redding Dated: Chief of Police, City of Anderson Dated: Chief, Bureau of Narcotic Enforcement Dated: Assistant Chief, Northern Division California Highway Patrol Dated: Director, California Department of Alcoholic Beverage Control ATTEST: ANN REED, County Clerk County of Shasta, State of California -5-