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HomeMy WebLinkAboutCatch-ID; 2002-06-25;pra boedieZ'de: CATCH ID MOU Page 1 I From: Debra Doerfler To: Date: 6/26/02 12:06PM Dale Stockton Subject: Re: CATCH ID MOU Dale, I have forwarded the agreement on to your attention, you should have it this afternoon. Please obtain the DAs signature as well as the CATCH representative and forward a copy back to our office. Thank you. Senior Office Specialist Debra Doerfler City of Carlsbad Records Management ddoer@ci.carlsbad.ca.us 760-434-2806 >>> Dale Stockton 06/25/02 04:12PM >>> I need to send it to the District Attorney's office for their signature. The other agencies that are part of the MOU have agreements that are duplicates of ours but specify their agency. The MOU is essentially between our agency and the District Attorney's Office/County. Please send it to me and I will send it down to the supervising DA. Thank you for your help. >>> Debra Doerfler 06/25/02 0243PM >>> Dale, The Attorney & City Manager have signed the agreement. Because it is a multi agency agreement I need to know if the other parties (San Diego County DA & CATCH) have executed this agreement in counterparts. That is, I need to know if this document specifically needs to be forwarded on for additional signatures, or if the other agencies have separate MOU's which they are signing. Often times with multi agency agreements we never receive a fully executed agreement - which really isn't good procedure. So let me know what the next step is with this MOU. Do I need to send it somewhere for further signature, to you, or can it be filed as is? Thank you, Debra Doerfler Senior Office Specialist Records Management City of Carlsbad 760-434-2806 gdoer@ci.carlsbad.ca.uq CATCH-ID TEAM MULTI-AGENCY HIGH-TECH TASK FORCE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereafter referred to as MOU) is entered into between the following participating agencies (hereinafter referred to as “Agency” or “Agencies”). k California Department of Justice k San Diego County Probation Department 9 San Diego Police Department k Carlsbad Police Department 9 Computer and Technology Crime High tech response team-Identity Theft component (CATCH-ID) as represented by the San Diego County District Attorney’s Office PURPOSE The purpose of the MOU is to formalize relationships between the agencies participating in this task force and to outline the mission and procedures for the Computer And Technology Crime High tech response team-Identity Theft component (hereafter referred to as CATCH-ID). MISSION The CATCH-ID Theft task force is created on the premise that the ability of law enforcement to properly investigate and prosecute high technology related crimes will be enhanced by a cooperative pooling of resources and knowledge. The CATCH-ID Theft task force will have the greatest impact and best compliment existing law enforcement efforts by primarily working proactive investigations and vigorously ensuring that those on probation for ID theft related crimes are closely monitored. The CATCH-ID Theft Task Force will: or individuals engaged in identity theft violations, including but not limited to violations of Penal Code sections 470a, 470b, 472,475,476,484e, 484f, 4848, 4841, 529 subdivision 3,529a, 529.5,530,532,532a, 530.5 and 532.2; and 2. Train prosecutors, law enforcement officers and investigators within San Diego, Riverside, and Imperial Counties on identity theft via POST developed and certified curricula. 1. Investigate, apprehend, and prosecute criminal organizations, networks, groups, ADMINISTRATIVE RESPONSIBILITIES The San Diego County District Attorney’s Office is the Grant Administrating agency for CATCH and CATCH-ID and agrees to accept the administrative responsibilities for the state grant and associated match funding, the implementation of 1 of8 fiscal and procurement policies, the maintenance of grant related records, and the fulfillment of programmatic objectives. A San Diego Deputy District Attorney will be assigned as the grant’s Project Manager and Project Director. The Project Manager will also provide for dedxated, full-time vertical prosecution for all adult and juvenile criminal cases in the CATCH-ID region of responsibility, and will provide on call legal services to assist CATCH-ID investigators involved in tactical operations. the CATCH-ID Law Enforcement Supervisor. The Law Enforcement Supervisor will administer all field operations, provide for the immediate supervision of CATCH-ID team members, assign case responsibilities, facilitate the team’s tactical operations, and liaison with each law enforcement agency’s chain of command relative to CATCH-ID policy and personnel issues. A California Department of Justice, Special Agent Supervisor will be assigned as OPERATION UNDER HIGH TECH GRANT The CATCH-ID Theft Unit is a division of the existing CATCH High Tech Task Force. Because of the accountability and responsibility for the CATCH High Tech Task Force grant administration, the CATCH Project Director and CATCH Law Enforcement Coordinator have the final authority in all decisions effecting the CATCH-ID operation and activities of CATCH-ID members. Each agency agrees to operate in accordance with the goal, objectives, and rules as stated in each year’s grant application and the grantee handbook of the Office of Criminal Justice and Planning. COMPOSITION OF CATCH-ID CATCH-ID will initially consist of a Deputy District Attorney from the San Diego County District Attorney’s Office serving as the Project Manager, a Special Agent Supervisor from the California Department of Justice serving as the Law Enforcement Supervisor, a Probation Officer from the San Diego County Probation Department, a Detective from the Carlsbad Police Department and a Detective from the San Diego Police Department. CATCH-ID will be co-located with the CATCH team and will, when necessary, draw from CATCH resources to more effectively conduct high technology identity theft related investigations. Additional agencies may be added via an appropriate Memorandum of Understanding without further action of the existing participating agencies. AGENCY COMMITMENT Each agency agrees to assign to CATCH-ID a full time individual who will report directly to the task force on a daily basis. Each agency will be responsible for providing a vehicle, radio, and standard safety equipment for each of their investigative personnel, according to their agency policy. The assigned staff will be supervised by and report directly to the Law Enforcement Supervisor, Law Enforcement Coordinator, or his designated supervisor. 2of8 ACTIONS CATCH will at a minimum: 9 Develop, document, and manage the program details in compliance with 9 Accept responsibility for overall fiscal management of the state grant, 9 Fund the salary and benefits package for one San Diego County Deputy OCJP Grantee regulations and the goals listed in the Request for Proposals. including the satisfaction of the state required 25% match. District Attorney, to be assigned to CATCH-ID operations on a full-time basis. 9 Fund the salary and benefits package for one California Department of Justice Special Agent Supervisor, to be assigned to CATCH-ID operations on a full- time basis. 9 Fund the salary and benefits package for one San Diego County Probation Officer, to be assigned to CATCH-ID operations on a full-time basis. 9 Fund the salary and benefits package for one Carlsbad Police Department Detective, to be assigned to CATCH-ID operations on a full-time basis. 9 Fund the salary and benefits package for one San Diego Police Department Detective, to be assigned to CATCH-ID operations on a full-time basis. 9 Fund all CATCH-ID approved overtime for all law enforcement personnel who are assigned full-time to CATCH-ID operations at the discretion of the Law Enforcement Supervisor or Law Enforcement Coordinator. 9 Fund appropriate, CATCH-ID approved training for all staff who are assigned to CATCH-ID operations. 9 Provide all necessary technical equipment for staff while assigned to CATCH- ID operations. 9 Provide the office space, support staff, and regular work place equipment and supplies such as phones, PDA, computer, etc. Each agency will at a minimum: 9 Fund and assign one full-time peace officer to CATCH-ID operations in San Diego County, including a vehicle, and standard safety equipment for at least 36 months, subject to selection criteria listed below: CATCH and/or CATCH-ID management will participate in the selection of the peace officer. The final selection decision will be made by the appointing authority. CATCH-ID approved overtime for this person will be funded by the CATCH-ID grant. The selected person’s primary physical work location will be the CATCH- ID San Diego office. 3 of 8 CONFIDENTIAL INFORMATION It is understood that any confidential information in the possession of the parties relating to investigations, policies, or proprietary business systems or processes will only be shared with participating CATCH-ID members or other law enforcement agencies demonstrating a “need to know” or “right to know.” LOCATION CATCH-ID will operate from physical space located at 4725 Mercury Street, San Diego, California, or other suitable locations within our three-county area of responsibility. The San Diego County District Attorney’s Office agrees to arrange for the equipment and supplies necessary to carry out the administrative responsibilities of CATCH-ID at such locations. NONDISCRIMINATION CLAUSE All participating agencies will comply with Title VII of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sexual orientation, sex, age, or national origin and equal employment opportunities. PERSONNEL AND ADMINISTRATIVE MATTERS = Policy and Procedure Manual: S.O.P. The policy and procedure manual for CATCH-ID operations is in the form of Standard Operating Procedures available to all member agencies and assigned staff. The CATCH-ID SOP recognizes member agency procedures, and addresses all aspects of task force operations, including these listed below. Supervision Supervision of the field investigative personnel assigned to CATCH-ID will be the responsibility of the CATCH-ID Law Enforcement Supervisor and CATCH Law Enforcement Coordinator. The CATCH-ID Law Enforcement Supervisor will participate in the performance review of the investigators and will provide to the participating agency written statements and evaluations of the investigator’s performance, attitude, and skills in compliance with the investigator’s agency guidelines upon request. Timesheets The CATCH-ID Law Enforcement Supervisor will review all time sheets before they are submitted to the participating agency where CATCH-ID has fiscal responsibility for the salary, benefits, or overtime associated with that staff position. . Selection and Termination of Personnel All agencies recognize that an enthusiastic cooperative attitude by the investigators is critical to success in a task force environment. This is best implemented by including the CATCH Project Director, CATCH-ID Project Manager, CATCH Law 4of 8 Enforcement Coordinator, and/or CATCH ID Law Enforcement Supervisor in the interview and selection process. Final selection will be made by the appointing authority. CATCH reserves the right to request that a participating agency replace an investigator who is not succeeding in the task force environment. All parties agree in advance to make a reassignment within 45 days from the date a participating agency receives a written request from CATCH-ID to make a reassignment. Because of the expertise required to conduct identity theft investigations, particularly those related to high technology, and the time and financial investment in training those personnel, participating agencies agreemnot to transfer or reassign the assigned investigator for a period of at least 36 months from the date the investigator begins the assignment in the task force, except for the following reasons: 1. the investigator is promoted; 2. the investigator leaves the employ of the participating agency; or 3. CATCH-ID requests that the investigator be reassigned . Investigator Training All participating agencies recognize the importance and value of training. The Project Director and Law Enforcement Coordinator will be responsible for reviewing and approving investigator training requests. CATCH-ID will pay for the tuition, materials, hotel, car rental and meal per diem costs for the investigators attending CATCH-ID approved training. . CATCH-ID Training All participating agencies recognize the importance and value of providing training to local law enforcement and the public. This is also part of the program goals and objectives for the state. The participating agencies agree to participate in programs and trainings to meet this objective, as directed by the Project Director and Law Enforcement Coordinator . Compensation CATCH-ID will reimburse salary and benefits for those personnel previously designated in this MOU. All CATCH-ID approved overtime for task force staff specified in this MOU will be reimbursed to qualifying agencies upon timely claims to the grant fiscal manager. San Diego County District Attorney fiscal administrative staff reserves the right to defer or refuse payment on claims not submitted in a timely manner. Reports A copy of all CATCH-ID investigative records will be maintained at the San Diego County District Attorney's Office. Team members are expected to forward copies of their investigative reports to their own agencies where appropriate. All investigative information will be available to each of the participating law enforcement agencies on an as-needed basis. 5of8 Maintenance of Case Tracking Information Because of the accurate case reporting responsibility of the grant holders to the state, all CATCH-ID personnel and agencies agree that investigations and prosecutions will be tracked in the CATCH-ID database that resides in the San Diego CATCH-ID office. The CATCH-ID computer network will span both the Riverside and San Diego offices. The existence and current status of all investigations and prosecutions must regularly be input into the database and kept updated. This input and updating must occur on a frequency of at least twice per week. Prosecution Cases will be prosecuted in state or federal court based upon which court system would be of greatest benefit to the overall objective of CATCH-ID and upon the guidelines and policies of the prosecutorial agencies. Media Relations In cases of significant public interest, joint press releases may be made. However, all media inquiries must be referred to the Project Director, without comment by any individual or agency. Information regarding routine apprehensions may be furnished to the press by the Coordinator agency and each agency’s Press Information Officer will be notified. All participating federal agencies will coordinate all press releases with the U.S. Attorney’s Office. Counterparts This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. Executive Committee The daily operations of CATCH and CATCH-ID are managed by the Project Director and Law Enforcement Coordinator who are vested with the authority to run the program and create and update policy for task force operations. Oversight is provided by an Executive Committee which is comprised of the agency head (or their designee) of each law enforcement agency that assigns at least one half time investigator to either CATCH or CATCH-ID. Members of the Executive Committee shall meet together with the Law Enforcement Coordinator and Project Director in conjunction with the monthly County Chiefs meeting. Executive Committee meetings shall be annual but may be convened more frequently if needed. The Project Director and Law Enforcement Coordinator will provide a written and oral report to the Executive Committee the number and types of cases being investigated and prosecuted by CATCH and CATCH-ID, the training received by CATCH and CATCH-ID investigators, the training provided by CATCH and CATCH-ID investigators and a report on the funds received and expended by CATCH and CATCH-ID. by the Executive Committee of any major policy decisions or changes implemented during the preceding year. The Executive Committee will assist the Project Director and Law Enforcement Coordinator in recruiting additional personnel and agencies to participate in CATCH. The Project Director and Law Enforcement Coordinator will also seek ratification 6 of 8 The Executive Committee will assist the Project Director and Law Enforcement Coordinator in the development of administrative procedures and investigative strategies and objectives. The Executive Committee will assist the Project Director and Law Enforcement Coordinator in obtaining resources, including funds, equipment, vehicles and other items required to support the mission of CATCH in the event that grant funding becomes insufficient. Termination or Amendment of Agreement All terms in the agreement are contingent upon continued and sufficient funding of CATCH-ID through the Office of Criminal Justice and Planning. If funding is eliminated or materially reduced, this agreement can be terminated by CATCH-ID or the San Diego County District Attorney’s Office upon sixty days written notice to the participating agencies. Respective Responsibilities For the purpose of indemnification, each participating agency of CATCH-ID shall be responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of the service and activities of those officers while participating in CATCH-ID. Personnel assigned to CATCH-ID shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions. Modification of Agreement This MOU may be modified or amended at any time using the procedure described in this section. Any agency desiring to make a modification or amendment will submit the proposal in writing to the other participating agencies. The amendment or proposal will be voted on by an executive committee comprised of one representative from each participating agency with at least one-full time assigned person. The meeting will occur on the first Tuesday of the month following delivery of the proposed amendment. If that date provides less than 14 days notice, the meeting will occur on the first Tuesday of the next month. At the meeting, any proposed amendment receiving 75% of the vote of those executive committee members present at the meeting will be incorporated into this agreement and binding upon all participating agencies. Task Force Assets The Office of the District Attorney has accepted fiscal responsibility for the operation of the task force and the 25% matching funds required each year by the grant(s). In the event of a termination of the task force operations, the Office of the District Attorney will be solely responsible for satisfying any balance of facilities’ lease agreement and any other contractual obligation of CATCH or CATCH-ID. In the event of a closeout of the grant, the Office of the District Attorney will seek transfer of title of all grant acquired assets solely to the Office of the District Attorney. 7of8 Withdrawal of an Agency The participation of a specific agency may be withdrawn at any time by that participating agency delivering a written notice of withdrawal to the other participating agencies. Such withdrawal will not take effect for sixty days from the delivery of the notice of termination to the District Attorney. The participating agency agrees to honor their commitment and keep the investigator working in CATCH-ID for the sixty days between the giving of notice and its taking effect. Any agency's termination of their involvement in CATCH-ID will not negate the continuing agencies' participation and agreement under any existing MOU. Duration of Agreement The agreement will begin on May 1,2002 and remain in effect as long as there are two participating agencies operating cooperatively as CATCH-ID. San Diego County DA Name Signature Date CATCH Name Signature Date JUN 2 5 2002 City of Carlsbad Date Carlsbad Police Department 8of8