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