Loading...
HomeMy WebLinkAboutReso. 1989-275 - Approving the revised shasta interagency narcotics task force agreement 1�' I 411 S i , RESOLUTION NO. g/- pz7J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE REVISED SHASTA INTERAGENCY NARCOTICS TASK FORCE AGREEMENT, AND AUTHORIZING THE CHIEF OF POLICE TO SIGN SAME. 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 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 , the department head of the Shasta County Probation Department is no longer serving on the governing board of SINTF; and WHEREAS, it is necessary to amend the SINTF Agreement to reflect that the governing board has been reduced by one member, and that a quorum will now consist of four members; WHEREAS , City Council has considered the recommendation of the Chief of Police that the City of Redding approve the attached Revised Agreement, 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 Agreement between the Shasta County District Attorney, the Shasta County Sheriff' s Department, the Shasta li 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 Chief of Police of the City of Redding is hereby authorized and directed to sign said Revised Agreement on behalf of the City of Redding, and that the City Clerk is hereby authorized and directed to attest the signature of the Chief of Police and to impress the official seal of the City of Redding on the aforesaid Revised Agreement when appropriate. 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 15th day of August , 1989 , and was duly adopted at said meeting by the following vote: , AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None SCOTT CARTER, Mayor City of Redding ATTEST: ETHEL A. NICHOLS , City Clerk . 0 j4'PROVED: ii 1' / d RA DALL A. HAYS , C ' y Attorney it _2_ II , I Pr. AGREEMENT I ! SHASTA INTERAGENCY NARCOTICS TASK FORCE THIS AGREEMENT made and executed this day of 1989 , by and between: ' I 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 ' 1 n1. 111 411 , 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 i . 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 enforcementro p gram 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 li 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- i I S 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- 1 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 . I ' 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 shall report 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, with the exception of the Shasta County Probation Department, shall serve on t 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 . 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 . Four (4) Advisory members shall constitute a quorum. A majority vote of the council (4 votes) shall be required to pass action items. -4- 1 • • • 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- 1 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 . • S SECTION VII j ' 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- L 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 i task force. Discretion as to the source of such vehicles shall remain with each participating agency which may include agency I 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 , j ' 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 j 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 I' 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- I 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, i 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 i 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. 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 � I 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. I �I 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 . Termination of ii praticipation 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 enforcment 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 . 411 I hereby enter into and concur with this formal cooperative Agreement for the establishment of the Shasta Interagency Narcotics Task Force for the period and purposes as stated above : ii Dated: District Attorney, Shasta County 1 Dated: I Sheriff , Shasta County Dated: Chief of Police , City of Redding 11 Dated: Chief of Police, City of Anderson Dated: , Chief, Bureau of Narcotic Enforcement Dated: Assistant Chief, Northern Division California Highway Patrol Dated: I [i Director, California Department of Alcoholic Beverage Control Dated: Chief Probation Officer, Shasta County f ATTEST: ANN REED, County Clerk County of Shasta, State of California I -8- i I