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HomeMy WebLinkAbout2015-09-22; City Council; 22081; Memorandum of Understanding United States Marshals Regional Fugitive Task ForceCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 22,081 ^/-2'2./l6 POLICE APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE TO PARTICIPATE IN THE REGIONAL FUGITIVE TASK FORCE DEFT. DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-232 authorizing the City of Carlsbad to execute a Memorandum of Understanding with the United States Marshals Service to participate in the Regional Fugitive Task Force (Exhibit 1). Approve and authorize the Interim Police Chief to execute the Memorandum of Understanding (MOU) between the United States Marshals Service Regional Fugitive Task Force andthe City of Carlsbad Police Department (Exhibit 2). ITEM EXPLANATION: The Carlsbad Police Department intends to enter into an MOU with the United States Marshals Service to participate in the Regional Fugitive Task Force. The mission ofthe task force is to use a multi-agency team approach to investigate and arrest fugitive suspects with active state and federal warrants. Apprehending local, state and federal fugitives will improve public safety and reduce violent crime. A United States Deputy Marshal from the Regional Fugitive Task Force will be assigned to work at the Carlsbad Police Department, in the investigations division. An assigned detective from the Carlsbad Police Department will partner with the assigned United States Deputy Marshal. Together, the United States Deputy Marshal and the Carlsbad detective will corroborate to locate and arrest fugitive suspects. They will also arrange, plan and execute warrant sweeps in Carlsbad on a regular basis. The Regional Fugitive Task Force will be a force multiplier in Carlsbad for high profile crimes. FISCAL IMPACT: The United States Marshals Service will provide the Carlsbad Police Department with a maximum of $17,000 per fiscal year to pay for overtime associated with participation in the Regional Fugitive Task Force. The United States Marshals Service will provide the Carlsbad Police Department with a new vehicle, purchased through the Regional Fugitive Task Force when funding becomes available. The purchase will include $3,000 toward outfitting and equipping the vehicle. The Carlsbad Police Department will be responsible for maintenance and repairs ofthe vehicle. There will be no replacement funds set aside for this vehicle. DEPARTMENT CONTACT: Marc Reno 760-931-2166 marc.reno@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUEDTO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • 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. 2015-232 authorizing the City of Carlsbad to execute a Memorandum of Understanding with the United States Marshals Service to participate in the Regional Fugitive Task Force 2. Memorandum of Understanding between the United States Marshals Service Regional Fugitive Task Force and the City of Carlsbad Police Department Exhibit 1 1 RESOLUTION NO. 2015-232 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY OF CARLSBAD TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES 4 MARSHALS SERVICE TO PARTICIPATE IN THE REGIONAL FUGITIVE TASK FORCE 5 " ^ WHEREAS, the City of Carlsbad Police Department recognizes a need to investigate and 7 apprehend local, state and federal fugitive suspects, in order to improve public safety and reduce violent crime in the Carlsbad community; and WHEREAS, the United States Marshals Service Regional Fugitive Task Force brings justice 11 to fugitive suspects eluding law enforcement utilizing a multi-agency team approach; and 12 WHEREAS, the City of Carlsbad Police Department has been invited to participate in this task force by entering into a Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED bythe City Council ofthe City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 8 9 10 13 14 15 16 17 18 2. The Council approves and authorizes the Interim Police Chief to execute the Memorandum of Understanding between the United States Marshals Service and the Carlsbad Police department for participation in Regional Fugitive Task Force. 19 20 21 22 23 24 /// 26 27 28 /// /// 25 /// /// /// 2? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 22"^* day of September 2015, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Blackburn, Schumacher, Wood, Packard. ATTEST: BARBARA ENGLESON, City^lerk (SEAL) United States Marshals Service Regional Fugitive Task Force - Memorandum of Understanding PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the Citv of Carlsbad ICalifomial. a municipal corporation and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(1)(B). As set forth in the Presidential Threat Protection Act of 2000 and directed by the Attomey General, the USMS has been granted authority to direct and coordinate permanent Regional Fugitive Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives. The authority ofthe USMS to investigate fugitive matters as directed by the Attomey General is set forth in 28 USC § 566. The Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC§ 561(g) and 28 CFR 0.111. The authority of United States Marshals and Deputy U.S. Marshals, "in executing the laws of the United States within a State ... [to] exercise the same powers which a sheriff of the State may exercise in executing the laws thereof is set forth in 28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2 & 15. {See also) "Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of Investigation" conceming the "Authority to Pursue Non-Federal Fugitives", issued by the U.S. Department of Justice, Office of Legal Counsel, dated Febmary 21,1995. {See also) Memorandum conceming the Authority to Pursue Non-Federal Fugitives, issued by the USMS Office of General Counsel, dated May, 1,1995. {See also) 42 U.S.C. § 16941(a) (the Attomey General shall use the resources of federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements). MISSION: The primary mission of the task force is to investigate and arrest, as part of joint law enforcement operations, persons who have active state and federal warrants for their arrest. The intent ofthe joint effort is to investigate and apprehend local, state and federal fugitives, thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for investigation by the RFTF (Regional Fugitive Task Force). Cases wiW be adopted by the RFTF at the discretion of the RFTF Chief Inspector. Targeted crimes will primarily include violent crimes against persons, weapons offenses, felony dmg offenses, failure to register as a sex offender, and crimes committed by subjects who have a criminal history involving violent crimes, felony dmg offenses, and/or weapons offenses. Upon receipt of a written request, the RFTF may also assist non-participating law enforcement agencies in investigating, locating and arresting their fugitives. Task force personnel wall be assigned federal, state, and local fugitive cases for investigation. Investigative teams will consist of personnel from different agencies whenever possible. Participating agencies retain responsibility for the cases they refer to the RFTF. Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center (NCIC) by the USMS or originating agency, as appropriate. State or local fugitive cases will be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the concemed state or local agency. Page 1 of 4 RFTF MOU Rev. 08/11 5 SUPERVISION: The RFTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Agency personnel must be approved by the RFTF Chief Inspector prior to assignment to the RFTF. Agency personnel may be removed at any time at the discretion ofthe RFTF Chief Inspector. Direction and coordination ofthe RFTF shall be the responsibility of the USMS RFTF Chief Inspector. Administrative matters which are intemal to the participating agencies remain the responsibility ofthe respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. A Task Force Advisory Committee, consisting of representatives of participating agencies and USMS RFTF personnel, may be established at the discretion of the RFTF Chief Inspector and will meet and confer as necessary to review and address issues conceming operational matters within the RFTF. PERSONNEL: In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task force are required to undergo background investigations in order to be provided unescorted access to USMS offices, records, and computer systems. The USMS shall bear the costs associated with those investigations. Non-USMS law enforcement officers assigned to the task force will be deputized as Special Deputy U.S. Marshals. Task force personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance of task force operations. State or local task force officers traveling on official business at the direction of the USMS shall be reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws, rules, and regulations. REIMBURSEMENT: Ifthe Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred by state and local investigators who provide fiill time support to USMS RFTF joint law enforcement task forces; or 2) travel, training, purchase or lease of police vehicles, fiiel, supplies or equipment for state and local investigators in direct support of state and local investigators, the USMS shall, pending availability of fimds, reimburse your organization for expenses incurred, depending on which category of funding is provided. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% ofa GS-1811-12, Step 1, ofthe general pay scale for the RUS. Reimbursement for all types of qualified expenses shall be contingent upon availability of fimds and the submission ofa proper request for reimbursement which shall be submitted quarterly on a fiscal year basis, and which provides the names ofthe investigators who incurred overtime for the RFTF during the quarter; the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total quarterly cost. Page 2 of 4 RFTF MOU Rev. 08/11^ The request for reimbursement must be submitted to the RFTF Chief Inspector, who will review the request for reimbursement, stamp and sign indicating that services were received and that the request for reimbursement is approved for payment. Supporting documentation must accompany requests for reimbursement for equipment, supplies, training, fiiel, and vehicle leases. VEHICLES AND EQUIPMENT: Notwithstanding the above, pending the availability of asset forfeiture funding and approval by the USMS in advance of any purchase, the USMS may reimburse the undersigned state or local agency for vehicles and equipment purchased in support of full time state and local investigators assigned to the RFTF involved in joint law enforcement operations. Such vehicle and equipment purchases are to be contracted for and titled in the name of the state or local law enforcement agency and must comply with requirements prescribed by the USMS pursuant to this MOU and applicable policies ofthe United States Department of Justice. Vehicles and equipment purchased by state and local law enforcement agencies with asset forfeiture monies provided by the USMS must remain available for exclusive use of the task force officers assigned to the RFTF by the undersigned participant agency for the duration ofthe task force. Upon termination ofthe agreement, usage and disposition of such vehicles are at the discretion ofthe undersigned state or local law enforcement agency. Pending the availability of fimds and equipment, the USMS will issue USMS radios, telephones, and other communication devices to each task force officer to be used for official RFTF business. All equipment used by or assigned to task force officers by the USMS or an agency will remain the property ofthe agency issuing the equipment and will be retumed to that agency upon termination of the task force, or upon agency request. RECORDS AND REPORTS: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the RFTF shall be retained by the agency in the RFTF responsible for the case. However, evidence may be tumed over to other law enforcement agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws, rales, and regulations. Task force statistics will be maintained in the USMS Justice Detainee Information System (JDIS) - Warrant Information Network (WIN). Statistics will be made available to any participating agency upon request. INFORMANTS: Pending the availability of fiinds, the USMS may provide funding for the payment of informants. However, all payments of informants utilizing USMS fimding shall comply with USMS policy. USE OF FORCE: All members ofthe RFTF shall comply with their agencies' guidelines conceming the use of firearms, deadly force, and less-lethal devices. Copies of all applicable firearms, deadly force, and less-lethal policies shall be provided to the RFTF Chief Inspector and each concemed task force officer. In the event ofa shooting involving task force personnel, the incident will be investigated by the appropriate agency(s). Page 3 of 4 RFTF MOU Rev. 08/11 ^ 1- NEWS MEDIA Media inquiries will be referred to the RFTF Chief Inspector. A press release may be issued and press conference held, upon agreement and through coordination with participant agencies' representatives. All press releases will exclusively make reference to the task force. RELEASE OF LIABILITY: Each agency shall be responsible for the acts or omissions of its employees. Participating agencies or their employees shall not be considered as the agents of any other participating agency. Nothing herein waives or limits sovereign immunity under federal or state statutory or constitutional law. EFFECTIVE DATE AND TERMINATION: This MOU is in effect once signed by a law enforcement participant agency. Participating agencies may withdraw their participation after providing 30 days advanced written notice to the RFTF Chief Inspector. RFTF: United States Marshal or RFTF Commander: Print Name Signature Date Participant Agency: Name: Carlsbad Police Department APPjROyEj^^S TO FORM Location (City & state): Carlsbad, California Phone: 17601 931-2134 PAUL G. ESMCmSON .^ii. Assistant City Attomey Participant Agency Representative: ^ Carisbol Neil Gallucci, Interim Police Chief Print Name & Title Signature Date Assistant Director, Investigative Operations Division: Print Name Signature Date Page 4 of 4 RFTF MOU Rev. 08/11