HomeMy WebLinkAbout1995-09-12; City Council; 13298; PARTICIPATION IN NORTH COUNTY REGIONAL GANG TASK FORCEAB # e- TITLE:
MTG. * PARTICIPATION IN NORTH COUNTY
REGIONAL GANG TASK FORCE I,
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4 CI*F CARLSBAD - AGEN~ BILL
RECOMMENDED ACTION:
Adopt Resolution No. 75-2’53 approving the participation of the Carlsbad Police Department in the newly formed North County Regional Gang Task Force.
ITEM EXPLANATION
In May1995 representatives of several North County agencies met consider the formation of a task force to combat a growing problem of gal related criminal activity in North San Diego County. Chief Vales w;
appointed to the Executive Board, and Captain Hawks participates on tl Coordinating Committee, tasked with developing a Mission Statemer
Standard Operating Procedures, and a Memorandum of Understanding i the proposed North County Regional Gang Task Force. The followii
agencies are expected to participate:
1. Bureau of Alcohol, Tobacco and Firearms 2. California Department of Corrections, and Parole
3. California Department of Justice, B N E
4. Carlsbad Police Department 5. District Attorney, County of San Diego 6. Drug Enforcement Administration
7. Escondido Police Department 8, Federal Bureau of Investigation
9. Immigration and Naturalization Service
10. Naval Criminal Investigative Service
11. Oceanside Police Department
12. San Diego County Probation Department
13. San Diego County Sheriffs Department
14. United States Attorney
The mission of this task force will be to target those groups and thc members who commit violent crimes including armed robberies, murd attempted murder, and major crimes of theft and narcotics trafficking benefit the gang through acquisition of wealth and power. An emphasis the task force’s investigative efforts will be on the identification, arrest a
prosecution of members of violent gangs using mandatory sentencing la whenever possible.
The Police Department seeks Council approval to enter into a Memorandl of Understanding with the North County Regional Gang Task Force. 1
propose initially to continue administrative support through participation the Executive Board, and the Coordinating Committee. We will assign existing detective as a liaison to exchange intelligence information a cooperate and assist in criminal investigations of mutual concern. 7
assignment of a fulltime investigator is the ultimate goal.
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FISCAL IMPACT
No direct costs. Staff time for meetings is variable
EXHIBITS
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1. Resolution No. %=a!
2. Memorandum of Understanding, North County Regional Gang Task Fort
dated July 18, 1995.
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RESOLUTION NO. 95-253
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PARTICIPATION IN THE NORTH COUNN REGIONAL
GANG TASK FORCE
WHEREAS, the North County Regional Gang Task Force has be
established to unite North County law enforcement agencies in thc
prevention of gang-related crime; and
WHEREAS, the City of Carlsbad would benefit in the particil
of the Police Department in such a program by assigning an inve:
officer as liaison officer to work in cooperation with other law
enforcement agencies to investigate
and prosecute members of these gangs whenever possible.
members of violent gangs a
NOW, THEREFORE, BE IT RESOLVED that the City Council of t
Carlsbad, California, hereby approves the participation of Carlsbac
Department as a member agency of the North County Regional Gang
Force .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Carlsbad City Council on the 12th day of SEPTEMBER ,1
by the following vote to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
"%
ALETHA L. RAUTENKRANZ, City Clerk)
(SEAL)
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-. Julv 18, 1995
MEMORANDUM OF UNDERSTANDING
NORTH COUNTY REGlONAL GANG TASK FORCE
This Memorandum of Understanding (MOU), is being executed by the below listc
agencies in connection with the North County Regional Gang Task Force to be
initiated on or about . The agencies listed below jointly and several
agree to abide by the terms and provisions of this MOU throughout the duration
this joint operation. The agencies are as follows:
1.
2.
3.
4. Carlsbad Police Department
5.
6. Drug Enforcement Administration
7. Escondido, Police Department
8. Federal Bureau of Investigation
9. Immigration and Naturalization Service
10. Naval Criminal investigative Service
I 1. Oceanside Police Department
12.
13.
14. United States Attorney
Bureau of Alcohol, Tobacco and Firearms
California Department of Corrections, Parole & Community Service:
California Department of Justice, Bureau of Narcotic Enforcement
District Attorney, County of San Diego
San Diego County Probation Department
San Diego County Sheriff's Department
PURPOSE AND MISSION
The purpose of this MOU is to formalize the procedures to be followed bq
this task force. This mission is to target those groups and their members, inch
legal and illegal aliens, who commit violent crimes including armed robberies,
murder, attempted murder, and major crimes of theft and narcotics trafficking 1
benefit the gang through acquisition of wealth and power. An emphasis of the
force's investigative efforts will be on the identification, arrest, prosecution, an
deportation of members of violent gangs using mandatory sentencing laws
whenever possible.
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MOU
North County Regional Gang Task Force
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Page 2
GENERAL AGREEMENT
It is agreed between participants: -
1. PARTICIPANTS
The North County Regional Gang Task Force will be comprised of
police officers, Sheriff’s deputies, federal agents, County probation officers, an
prosecuting attorneys from the offices of the United States Attorney and the S
Diego District Attorney.
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2. EXECUTIVE COMMITTEE
The Gang Task Force shall be headed by an Executive Committee.
Members of the Executive Committee will incnude the Chief Executive Officer o
shall meet quarterly to discuss the task force’s operations and provide oversigt
and guidance to the Coordinating Committee.
or her designee, from each of the aforementioned agencies listed. These meml
3. COORDINATING COMMITTEE
The Coordinating Committee will consist of representatives from 1
participating agencies. These representatives will be appointed by the agencie
Executive Committee member. The Coordinating Committee will assist the Ta
Force Coordinator in obtaining resources which will include funds, personnel,
equipment, vehicles and other items required to support the overall mission. T
Coordinating Committee will also assist the Task Force Coordinator in the
development of administrative procedures, investigative objectives and strateg
The Coordinating Committee will assist the Task Force Coordinator in the
preparation of reports for presentation to the Executive Committee. The
Coordinating Committee will meet as necessary, but at least each quarter.
4.
The Task Force Coordinator is directly accountable to the Executi
Committee. The Task Force Coordinator will prepare a monthly written report
ongoing and completed investigations. This report will include the number of
expended on each case, and any special funds spent on each case. The repor
be presented monthly to the Coordinating Committee, and the Executive Comr
TASK FO RCE COOR DINATOR
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MOU
North County Regional Gang Task Force
page 3
quarterly. A Sheriff's Lieutenant has been designated as the Task Force
Coordinator.
5. ISSUE RESOLUTION
As operational issues arise, they will be mutually addressed and
resolved by team leaders and the Task Force Coordinator. If these problems c
be resolved, they will be presented to the Coordinating Committee for resolutic
is agreed, however, that resolution of operational problems at the lowest possl
level is in the best interests of the North County Gang Task Force.
6. PERSONNEL
a. INVESTlGATORS
The components of this task force will be staffed by persor
recommended for assignment to the task force from the
participating agencies. Final selection shall be the responsi
of'the Task Force Coordinator with the approval of the
Coordinating Committee. If the Task Force Coordinator ha:
cause to replace a member, the issue will be discussed wit1
contributing agency. The Task Force Coordinator and/or
contributing agency will have the authority to remove and/(
replace personnel. If the contributing agency does not con
with the decision of the Task Force Coordinator, the issue
be forwarded to the Coordinating Committee for a final dec
The parent agency will supply the following equipment for
investigator they send to the task force:
a fully maintained undercover vehicle
a radio capable of communicating with the parent
agency's communications system
a pager
cellular phone
all safety equipment, including firearm(s) and body a
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MOU
North County Regional Gang Task Force
Page 4
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b. CLERICAL
Personnel shall be provided to this task force to facilitate no1
administrative and clerical duties associated with an
investigative unit.
C. PAY ROLL
)
The salaries and benefits of all personnel assigned to the tas
force will be paid by their parent agencies. It will be the
responsibility of the Task Force Coordinator to ensure the
accurate reporting of the hours worked by task force person
In addition, the parent agency shall also be liable for any
worker’s compensation or similar benefits due to its employt
d. AGENCY COMMITMENT
The participating agencies will provide the following level of
staffing at the outset of the task force:
Bureau of Alcohol, Tobacco, and Firearms
Two full time agents
Department of Corrections, Parole & Community Services
One liaison agent
Department of Justice, Bureau of Narcotic Enforcement
One liaison supervisor
Investigative fund monies
Carlsbad Police Department
One liaison detective
District Attorney’s Office
Two full time clerical personnel
Three liaison deputy district attorneys
One liaison investigator
Drug Enforcement Administration
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MOU
Page 5
North County Regionai Gang Task Force
Escondido Police Department
One full time detective
Federal Bureau of Investigation
One full time agent
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Immigration and Naturalization Service
One full time agent
Naval Criminal Investigative Service
One full time supervising special agent
One full time agent
Oceanside Police Department
Two full time detectives
San Diego County Probation Department
One liaison officer
San Diego County Sheriff’s Department
One full time lieutenant
One full time sergeant
Two-four full time deputies
United States Attorney
One liaison assistant United States Attorney
7. CROSS-DEPUTIZATION
It is agreed that all local investigators participating in the task force
will be sworn as Special Federal Officers with Title 18 and Title 21 U.S.C.
authority. Federal agents may exercise the powers of arrest of California peace
officers, by virtue of their participation in the task force (830.8(a)(3) P.C.)
8. INVESTIGATIVE STRATEGY
The routine investigative strategy regarding case development and
direction will be the responsibility of the Task Force Coordinator. The offices of
District Attorney and United States Attorney should be contacted on a regular b
for legal opinions and guidance. It is intended that full use be made of the vertic
prosecution process, and mandatory sentencing laws.. This is interpreted to me
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MOU
North County Regional Gang Task Force
Page 6
that team supervisors and agents will communicate with the assigned attorney
the earliest logical moment in the investigation and work together to build a cas
from inception through final adjudication.
9. PROSECUTIVE STRATEGY -
Criminal cases which present only violations of California state law
shall be presented to the Gang Unit Deputy District Attorney, assigned to the ta
force. Criminal cases which present only violations of federal law shall be
presented to an Assistant U.S. Attorney.
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Cases which present violations of both state and federal law shall
presented to a Deputy District Attorney and an Assistant U.S. Attorney to
determine the appropriate forum in which to prosecute the case.
’IO. LIABILITY
Each party to this MOU agrees to the extent possible under federal
state law, to assume financial responsibility for any liabilities created as a result
the acts or omissions of the parties’ own employees.
11. HOUSING
The Oceanside Police Department agrees to provide the trailers
adjacent to the their main building as temporary housing for the task force. Tht
Oceanside Police Department will provide routine maintenance and repair, and
water and power service to these units. The task force will be responsible for
custodial and telephone services.
12. EQUIPMENT
The procurement and allocation of resources is the responsibility o
Task Force Coordinator. The Coordinating Committee will provide support as
required. An inventory shall be kept of all equipment loaned to the task force b
participating agencies. If the task force disbands or if the agency ends its
participation, the equipment will be returned to the supplying agency.
13.
All task force members shall review and abide by the SOP Manual
which shall be prepared by the Coordinating Committee with oversight from the
STAN DARD OPERATI NG PROC EDURES (SO PI
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., MOU
North County Regional Gang Task Force
Page 7
Executive Committee. The SOP shall specify policies and procedures for the tas
force and its teams.
14. ASSET SHARING
This issue is to be addressed in detail by separate agreement.
15. MEDIA
All press releases pertaining to the North County Regional Gang Ta
Force investigations will be coordinated with member agencies. The North Coui
Regional Gang Task Force as an entity, will receive top billing for media coverag
all situations. The Task Force Coordinator will compose and present all press
releases.
16. TERM OF AGREEMENT
This agreement shall become effective commencing on
for an indefinite period. One year from the commencement date, and annually
thereafter, the Task Force Coordinator will present a report to the Executive
Committee detailing the efforts of the task force in meeting its purpose and
mission.
Participating agencies may elect to terminate the agreement by providing writter
notification to the Executive Committee. Termination shall take effect not less 1
30 days after receipt of written notification or upon a date established by mutuz
agreement. Additional agencies requesting inclusion to the task force will be
recognized by signing this agreement.
17. SIGNATORY AUTHORITY
The undersigned represent that they have the authority to execute
agreement on behalf of their respective agencies by signing this agreement. Thc
represent a concurrence with and support of the North County Regional Gang TI
Force, as set forth in this agreement.
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North County Regional Gang Task Force
Page 8
JAMES P. STATHES Date
Resident Agent in Charge
San Diego
8ureau of Alcohol, Tobacco, and Firearms
JUDY CARTIER Date
District Administrator
Parole and Community Services Division
Department of Corrections
San Diego
PHILIP J. DONOHUE, JR. Date
Special Agent in Charge
Bureau of Narcotic Enforcement
Department of Justice
San Diego
ROBERT VALES Date
Chief of Police
Carlsbad Police Department
PAUL J. PFINGST Date
District Attorney
County of San Diego
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MOU
North County Regional Gang Task Force
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CRAIG N. CHRETIEN Date
Special Agent in Charge
Drug Enforcement Administration %
San Diego
MICHAEL STEIN Date
Chief of Police
Escondido Police Department
ROBERT E. WALSH 3 Date
Special Agent in Charge
Federal Bureau of Investigation
San Diego
MARK K. REED Date
District Director
United States Immigration
and Naturalization Service
San Diego
FRANK M. MELlA Date
Special Agent in Charge, Western Region
Naval Criminal Investigative Service
San Diego
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MOU
North County Regional Gang Task force
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MICHAEL POEHLMAN Date
Chief of Police
Oceanside Police Department 1
ALAN M. CROGAN Date
Chief Probation Officer
San Diego County Probation Department
WILLIAM B. KOLENDER Date
Sheriff
San Diego County Sheriff's Department
ALAN D. BERSIN Date
United States Attorney
Southern District of California