HomeMy WebLinkAbout2015-04-07; City Council; 21917; Memorandum of Understanding Internet Crimes Against Children Task Force, OUu-Of-State Travel ICAC Tampa FlCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21.917
04/07/15
POLICE
APPROVAL OF MEMORANDUM OF
UNDERSTANDING REGARDING INTERNET
CRIMES AGAINST CHILDREN TASK FORCE
AND OUT-OF-STATE TRAVEL REQUEST FOR
ICAC TRAINING IN TAMPA, FL
DEPT. DIRECTOR
CITY ATTY.
CITY MGR.
RECOMMENDED AaiON:
Adopt Resolution No. 2015-083 authorizing the City of Carlsbad to enter into the Internet
Crimes Against Children Task Force Memorandum of Understanding with the City of San Diego Police
Department (Exhibit 1).
Approve and authorize the Police Chief to execute the Memorandum of Understanding between the
San Diego Police Department Internet Crimes Against Children (ICAC) Task Force and the City of
Carlsbad Police Department (Exhibit 2).
Adopt Resolution No. 2015-084 authorizing out-of-state travel for two detectives to attend
Internet Crimes Against Children Chat Investigation Class in Tampa, Florida from May 20-22, 2015
(Exhibits).
ITEM EXPLANATION:
The San Diego Police Department (SDPD) is a recipient of a United States Department of Justice,
Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding
internet crimes against children. The SDPD is utilizing the grant to operate the San Diego Internet
Crimes Against Children (ICAC) Task Force. The Carlsbad Police Department intends to enter into an
MOU with the SDPD ICAC task force to participate. The mission ofthe task force is to use a multi-
agency team approach to properly investigate those who sexually exploit children through the use of
the internet, to provide training to those involved in investigating and prosecuting internet crimes
against children, and to provide community education regarding internet crimes against children.
By entering into this MOU, the Carlsbad Police Department agrees to join the ICAC Task Force for the
primary purpose of vigorously and properly investigating internet crimes against children. The task
force will benefit from investigative partnership with the Carlsbad Police Department. The Carlsbad
Police Department will benefit from grant resources, joint operations and highly specialized training
provided via the OJJDP grant, to better investigate and prosecute those involved in exploiting
children through use ofthe internet. As participants in the ICAC Task Force, the Carlsbad Police
Department will receive ICAC training and conduct investigations in partnership with other task force
agencies. Monthly statistics of investigative work will be submitted to the ICAC Task Force.
DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett(5)carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Initially, two Carlsbad detectives will attend Internet Crimes Against Children Chat Investigation Class in
Tampa, Florida from May 20-22, 2015. Training expenses, including travel, lodging, per diem and
incidental expenses will be paid by the OJJDP grant (Exhibit 4).
FISCAL IMPACT;
The San Diego Police Department (SDPD) is a recipient of a United States Department of Justice, Office of
Juvenile Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding internet crimes
against children. The SDPD is utilizing the grant to operate the San Diego Internet Crimes Against
Children (ICAC) Task Force. Carlsbad will be a participant in the task force, and will participate in grant-
funded training. The City of Carlsbad will not incur any costs as a member of the task force.
The cost to attend the Internet Crimes Against Children Chat Investigation Class in Tampa, Florida from
May 20-22, 2015 is approximately $2,582, including travel, lodging, per diem and incidental expenses
and will be paid by the OJJDP grant.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require further environmental review.
EXHIBITS;
1. Resolution No. 2015-083 authorizing the City of Carlsbad to enter into the Internet Crimes
Against Children Task Force Memorandum of Understanding with the City of San Diego Police
Department.
2. Memorandum of Understanding between the San Diego Police Department Internet Crimes
Against Children (ICAC) Task Force and the City of Carlsbad Police Department
3. Resolution No. 2015-084 authorizing out-of-state travel for two detectives to attend Internet
Crimes Against Children Chat Investigation Class in Tampa, Florida from May 20-22, 2015.
4. City of San Diego Memorandum re Request for Travel and expenses
1 RESOLUTION NO. 2015-083
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY OF CARLSBAD TO ENTER
INTO THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE
4 MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN
DIEGO
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WHEREAS, the San Diego Police Department (SDPD) is a recipient of a United States
Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant to
enforce laws regarding internet crimes against children; and
WHEREAS, The SDPD is utilizing the grant to operate the San Diego Internet Crimes
11 Against Children (ICAC) Task Force; and
12 WHEREAS, the Internet Crimes Against Children Task Force is a multi-agency team
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created to properly investigate those who sexually exploit children through the use of the
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internet; and
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WHEREAS, The City of Carlsbad intends to participate in the Internet Crimes Against
Children Task Force by entering into a Memorandum of Understanding.
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
1^ California, as follows that:
1. The above recitations are true and correct.
2. The Council approves and authorizes the Chief of Police to execute the
Memorandum of Understanding between the San Diego Police Department and the
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24 Carlsbad Police department on behalf of the City of Carlsbad and thereby showing
25 the City of Carlsbad's commitment to participate in Internet Crimes Against Children
2^ Task Force.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 7**' day of April, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, £jty Clerk
(SEAL) 4-^^^.o;\
MEMORANDUM OF UNDERSTANDING
Between
San Dlego Police Department
INTERNET CRIMES AGAINST CHILDREN TASK FORCE
and
Carlsbad Police Department
The San Diego Police Department Is the recipient of a United States Department of
Justice, Office of Juvenile Justice and Delinquency Prevention ("OJJDP") grant to
enforce laws regarding Intemet Crimes Against Children ("ICAC"), and the San Diego
Police Department utilizes this grant to administer and operate the San Diego ICAC
Task Force ("ICAC Task Force").
This Memorandum Of Understanding ("MOU") is entered Into by the San Diego Police
Department ("SDPD") and the Carlsbad Police Department, collectivBly referred to in this
MOU as the "Parties".
A. OVERVIEW/MISSION STATEMENT
1. OJJDP has created the ICAC Task Force Program, which is a national network
of state and local law enforcement cybercrime units. The national ICAC program
assists state and local law enforcement agencies develop an effective response
to cyber enticement and child pornography cases. This help encompasses
investigative and forensic components, training and technical assistance, victim
services, and community education. Due in large part to the technological
aspects of these cases, the ICAC Task Force Program promotes a multi-
jurisdictional, multi-agency team approach to investigating and prosecuting ICAC
cases.
2. The mission of the ICAC Task Force therefore is to: (1) properiy investigate and
prosecute those who sexually exploit children through the use of the Internet
and/or computers; (2) provide training and equipment to those involved in
investigating and prosecuting ICAC; and (3) provide community education
regarding the prevention of ICAC related crimes.
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B. PURPOSE
The purpose of this MOU is to formalize the working relationship between the Carisbad
Police Department, the San Diego Police Department, and the ICAC Task Force, as well
as to delineate the responsibilities and expectations of the relevant Parties. By signing
this MOU, Carisbad Police Department agrees to join the ICAC Task Force for the
primary purpose of vigorously and properly investigating Internet Crimes Against
Children. By joining the ICAC Task Force, Carlsbad Police Department will benefit from
grant resources, joint operations, and extensive training opportunities.
By entering into this MOU, the ICAC Task Force will benefit from the investigative
support from the Carisbad Police Department.
C. INVESTIGATIONS
All ICAC investigations will be conducted only by sworn law enforcement investigators
and in a spirit of cooperation with other ICAC Task Force members. Investigations will
follow guidelines established by each Party's respective policy manual or guidelines.
However, ICAC investigations shall also be govemed by the national ICAC Operational
and Investigative Standards, to which the Carisbad Police Department agrees to be
bound (attached). Violation ofthe ICAC Operational and Investigative Standards is
cause for cancellation of this MOU. This MOU is not intended to infringe on the ongoing
investigations of any other agency. It is agreed that unilateral acts on the part of
employees involved in ICAC Task Force investigations are not in the best interest ofthe
ICAC Task Force.
D. Carlsbad Police Department agrees to the following:
1. Only sworn Carlsbad Police Department law enforcement personnel will conduct
undercover ICAC investigations. Each investigator involved with undercover
operations must receive ICAC training prior to initiating proactive investigations
and shall submit reports of all undercover activity to the ICAC Task Force for
deconfliction.
2. Conduct reactive investigations where subjects are associated within the
Carisbad Police Department's jurisdiction, including investigations of child
pomography, CYBERTIP referrals from NCMEC, Internet Service Provider and
law enforcement referrals, and other ICAC-related investigations. Additional case
initiations may develop from other sources, including subject interviews,
documented public sources, direct observations of suspicious behavior, and
public complaints.
3. Recon;] and document all undercover online activity. Any deviations from this
policy due to unusual circumstances shall be documented in the relevant case
file and reviewed by the ICAC Task Force Unit Commander.
4. Provide the ICAC Task Force access to all ICAC investigative files including,
without limitation, computer records, in order to ensure compliance with all
national ICAC standards.
5. Locate its ICAC Task Force investigator in a secured space provided by the
Carisbad Police Department with controlled access to all equipment, software,
and investigative files. At a minimum, infomnation should be maintained in locked
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cabinets and under control of the Cartsbad Police Department ICAC Task Force
personnel, with restricted access to authorized personnel only.
6. Conduct education and prevention programs to foster awareness and provide
practical, relevant guidance to children, parents, educators, librarians, the
business and law enforcement communities, and other individuals concemed
about Internet child safety issues. Presenters shall not discuss ongoing
investigative techniques and undercover operations utilized by the ICAC Task
Force.
E. SUPERVISION
Carisbad Police Department will be responsible for the day-to-day operational
supervision, administrative control, and personal and professional conduct of its officers
and agents assigned to the ICAC Task Force. ICAC investigations are a cooperative
effort and investigative decisions will be a joint process guided by ICAC standards.
F. JURISDICTION
1. The Carisbad Police Department will focus its ICAC Task Force activities in the
areas in which it has jurisdiction. The Carisbad Police Department will participate
in ICAC Task Force activities commensurate with its level of membership in the
task force, and consistent with statutes governing mutual aid.
2. Nothing in this MOU shall othenwise limit, or enhance the jurisdiction and powers
normally possessed by an employee as a member ofthe employee's respective
agency.
G. EVIDENCE
Seized evidence and any other related forfeiture will be handled in a manner consistent
with the seizing law enforcement agency's policies.
H. LIABIUTY
Carisbad Police Department is responsible and liable for the acts and omissions of its
own officers, agents, or employees in connection with the performance of their official
duties underthis MOU. For tort liability purposes, no Party member shall be considered
the agent of other Party. Each Party shall be liable (if at all) only for the torts of its own
officers, agents, or employees that occur within the scope of their official duties.
I. REPORTING REQUIREMENTS
1. Using a fonn provided by the ICAC Task Force, Carisbad Police Department
shall submit monthly statistics to the ICAC Task Force on all ICAC investigations
or other investigative work pertaining to the sexual exploitation of children via the
Internet. These statistics shall be submitted in the appropriate (OJJDP) format by
the 10th day of each month, and shall include data on all related investigations
opened or closed during the month, as well as forensic examinations,
technical/investigative assistance provided to other agencies, subpoenas and
court orders issued, training hours attended and taught, and community outreach
provided.
K.
In addition, a breakdown of basic case data shall be included for each sexual
exploitation of a minor (child pomography) case, and/or criminal solicitation of a
minor (enticement/traveler) case investigated by Carisbad Police Department.
The ICAC Task Force will then be responsible for all required reporting to
OJJDP.
TRAINING
Carisbad Police Department shall make investigators designated as ICAC Task
Force members available for specialized training provided through the national
ICAC program and other recommended training programs. The ICAC Task Force
Unit Commander will review and pre-approve training requests, provided that
funding is available and the request is appropriate
Carisbad Police Department shall invoice SDPD quarterly for approved training
expenses. These expenses include travel, lodging, per diem and incidental
expenses in an amount not to exceed the cun'ent U.S. General Sen/ice
Administration Domestic Per Diem Rates.
CONFIDENTIALITY
Any confidential infonnation pertaining to investigations of Intemet Crimes Against
Children will be held in Uie strictest confidence, and will only be shared with participating
ICAC Task Force members or other law enforcement agencies where necessary, or as
otherwise permitted by federal and/or state law.
L. EFFECTIVE DATE
This MOU shall be effective on , 2015 and continue until such time as
federal funding for the grant ends or the MOU is canceled by either Party upon written
notice delivered to the other Party through its respective agency director.
This MOU shall not exceed five years.
Entered into this is day of ffep^UAA-a-r* .
Gary W. Morrison, Chief
Carisbad Police Department
2015.
Shelley Zimmemnan, Chief
San Diego Police Department
Mayor or Designee
City of San Diego
Approved as to fonn and legality:
Jan I. Goldsmith, City Attorney
Linda L. Peter
Deputy City Attorney
OFORM
PAUL 6. EDMONSON
Assistant Ctty Attonwy
Ctty of Carisbad
1 RESOLUTION NO. 2015-084
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING OUT-OF-STATE TRAVEL FOR POLICE
DEPARTMENT STAFF TO ATTEND THE INTERNET CRIMES AGAINST
4 CHILDREN CHAT INVESTIGATIONS TRAINING IN TAMPA, FLORIDA
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WHEREAS, the City Council concurs that it is in the public interest to authorize out-of-
state travel for two detectives to attend the Internet Crimes Against Children Chat Investigation
Class in order to further the investigation and prosecution of internet crimes against children;
and
^ WHEREAS, the Police Department has entered into an MOU with the Internet Crimes
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14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
15 California, as follows that:
Against Children Task Force, who has grant funding from the United States Department of
Justice, Office of Juvenile Justice and Delinquency Prevention to pay the cost of the training and
all out-of-state travel expenses.
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The above recitations are true and correct.
That out-of-state travel is hereby authorized in accordance with city policy for
two detectives to attend the Internet Crimes Against Children Chat Investigation
Class in Tampa, Florida from May 20-22, 2015
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 7*'' day of April, 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESOI^ity Clerk
(SEAL)^,o^-:^^%V
CITY OF SAN DIEGO
MEMORANDUM
DATE: March 11, 2015
TO: David Ramirez, Assistant Chief of Police
Via Terrence Mc Manus, Assistant Chief, Centralized Investigations
FROM: Lori Luhnow, Captain, Investigations I
SUBJECT; Request for Travel to attend ICAC Undercover Chat Investigation -
Tampa Florida
Carlsbad Police Detectives James Bellamy and Mike Ernst of the SDICAC Task Force
have been approved to attend a 3-day ICAC Undercover Chat Investigation Class in
Tampa Florida. The training sessions are designed to provide local law enforcement
investigators with the knowledge and expertise necessary to conduct ICAC undercover
chat investigations. The participants will partake in workshops and lectures to further
their knowledge while providing them with the tools necessary to combat the online
exploitation of children. ^
The training sessions are being held in Tampa, Florida from May 20 - 22, 2015. Costs
for travel, lodging and incidental expenses/per diem are covered by the travel and training
portion of the current Federal Continuation Grant Training budget (Grant # 2012-MC-
FX-K005). The City of San Diego and San Diego Police Department will not incur any
costs for this training. The travel expenses will be paid from ICAC Grant Funds.
Estimated expenses per person are itemized as follows:
$ 605.00 Airfare RT from San Diego, CA to Tampa Florida
$ 416.00 Lodging (4 nights® $104 +Tax)
$ 230.00 Meals US GSA Per Diem
$ 40.00 Shuttle service from airport to hotel (R/T)
$1.291.00 Per Person
$2.582.00 Total for 2 People
Your approval of this travel is requested.
Lori Luhnow, Captain
Investigations -1