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HomeMy WebLinkAboutAgreement A-15-394 MOU with California Highway Patrol HEAT.pdfI Agreement No. 15-394 MEMORANDUM OF UNDERSTANDING Fresno HEAT Vehicle Theft Task Force July I, 2013 l ! -I- I. OVERVIEW A. Vehicle theft continues to be a serious problem facing the residents of Fresno County. Victims of vehicle theft suffer financial harm and emotional distress from the loss of what many times is the only means of transportation for an entire family. The average victim in Fresno County can only afford liability only insurance on their older model vehicles. If a victim is fortunate enough to have his/her vehicle recovered by law enforcement in one piece, the resulting tow fees and repair costs can be prohibitive. Criminals utilize stolen vehicles to commit secondary crimes such as residential burglary, agricultural crime, mail theft, identity theft, narcotics trafficking, and robbery. Other criminals strip stolen vehicles of their valuable components and sell them on the black market then cut the vehicle carcass into small pieces and dispose of them at local metal processing yards. The professional vehicle thief conceals the identity of a stolen vehicle through VIN swapping, title washing, cloning, etc. and then sells the vehicle to an unsuspecting buyer. Once the vehicle is located and recovered, the innocent purchaser becomes the second victim of vehicle theft and loses thousands of dollars that he/she paid for the vehicle. All of these trends are occurring in Fresno County. Vehicle theft is a clandestine and transient crime that knows no jurisdiction. The vast majority of vehicle theft occurs in densely populated areas. However, vehicle thieves and chop shops are located countywide. Chop shops have been located as close as one block from a Fresno Police Department substation and as isolated as rural Fresno County near Cantua Creek. A multi-agency law enforcement pa1inership that proactively identifies, investigates, and arrests vehicle thieves, where ever they are operating, has been a proven and effective method for success. Vehicle theft, like other crimes, will never be completely extinguished. However, it is law enforcement's responsibility to ensure this illegal and destructive crime is not · allowed to flourish in our community. B. This document will serve as a Memorandum of Understanding (MOU), and is entered into by the participating agencies to provide the legal basis for the continued establishment.ofFresno HEAT, and to serve as a formal cooperative agreement rather than a separate public entity as defined in Government Code Sections 6500 through 6565. II. MISSION A. The mission of Fresno HEAT is to reduce the incidents of economic auto theft within Fresno County through proactive, sustained, and strategic -2- implementation of known and accepted methods of vehicle theft enforcement and investigation. B. Strategic Objectives 1. Proactively identify, investigate, and arrest persons actively committing vehicle theft related criminal offenses; 2. Locate and recover stolen vehicles and vehicle component parts; 3. Conduct business inspections pursuant to CVC § 2805; 4. Conduct parole and probation searches; 5. Disseminate vehicle theft related information to law enforcement; 6. Participate in proactive inter-jurisdictional vehicle theft enforcement operations with vehicle theft taskforces in Tulare County, Kern County and Stanislaus County to address inter- jurisdictional vehicle theft related crime patterns and trends affecting the Central Valley. 7. Conduct undercover operations when warranted, with the specific intent of investigating vehicle theft related offenses; 8. Increase public awareness ofvehicle theft related efforts through social media, written news releases, and cooperative efforts with Central Division's public information officers. III. TASK FORCE ORGANIZATION A. Fresno HEAT Executive Committee The Executive Committee shall act as the Board of Directors and govern the affairs of Fresno HEAT. The Executive Committee shall be comprised of the Chief Executive Officer, or his/her designee, from each participating agency. The Executive Committee will meet quarterly, on a date agreeable by a quorum of the committee, to review task force operations and provide oversight. B. Fresno HEAT Commander A uniformed employee with the CHP, holding the rank of Lieutenant, will serve as the Fresno HEAT Commander. The Fresno HEAT Commander will be responsible for the management of the task force and will be directly -3- accountable to the Executive Committee for task force operations. The Fresno HEAT Commander will determine and dedicate the time necessary to effectively manage task force operations. The Fresno HEAT Commander will provide the Executive Committee with operational reports oftask force activities. Additionally, the Fresno HEAT Commander will provide quarterly reports of task force activities to each participating agency. Any and all personnel assigned to the task force shall work under the immediate supervision and direction of the Fresno HEAT Commander and shall adhere to the written policies and procedures of the task force. C. Fresno HEAT Supervisor A uniformed employee with the CHP, holding the rank of Sergeant, will supervise Fresno HEAT. The supervisor will report directly to the Fresno HEAT Commander and be responsible for the daily supervision of task force personnel. The supervisor shall collect statistics and submit a monthly report oftask force activities to the Fresno HEAT Commander. D. Task Force Personnel Fresno HEAT shall be staffed by personnel referred by participating agencies, upon approval and concurrence from the Fresno HEAT Commander. Due to the critical nature of the operation, agency representati ves/persoilllel interested in joining Fresno HEAT shall be interviewed by the Fresno HEAT Supervisor, prior to selection and/or appointment. The Fresno HEAT Commander shall make the final decision regarding the appointment of any and all personnel assigned to Fresno HEAT. Consideration for task force placement shall be based on past superior job performance, investigative aptitude, officer safety, and the ability to work well with others in a close, team-oriented environment. Assignment to Fresno HEAT should normally be for a minimum of two years and may be extended by mutual agreement to a maximum of five years. Any extensions will be agreed upon by the HEAT Supervisor and the employing agency. Personnel not meeting an acceptable level of performance or standards, failing to comply with task force policy, procedure, and/or supervision may be removed from the task force and returned back to their parent agency by the Fresno HEAT Commander. If the Fresno HEAT Commander desires to remove a task force member, he/she may discuss the issue with the employing agency. If the employing -4- agency does not concur with the decision of the Fresno HEAT Commander, the issue may be forwarded to the Executive Committee. In the event of a disagreement or stalemate on a decision before the Executive Committee, the CHP Central Division Commander shall be the overriding tie breaker. Attempting to resolve operational and personnel issues at the lowest possible level is recommended. However, a single significant act or incident of insubordination, flagrant violation of the SOP/MOU, or untruthfulness may be cause for immediate removal by the Fresno HEAT Commander. All Fresno HEAT personnel, regardless of rank, shall be familiar with and adhere to General Order 0.8, Professional Values. (Annex-A) IV. FISCAL PROCEDURES Each task force members' salary, benefits, overtime, and travel expenses/reimbursements shall be borne by the task force member's employing agency. Scheduling oftask force members shall be set by the Fresno HEAT Supervisor in accordance with the overtime policies of the member's employing agency. All terms and conditions of each task force member's labor contract shall be in full effect, and shall be abided by, even though the employee is assigned to the task force. V. LIABILITY Personnel assigned to HEAT shall be deemed to be continuing under the employment of their respective jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are confe1Ted upon them as peace officers in their own jurisdictions. Each participating agency shall be responsible for the acts of its respective members, as well as for any losses, damages, claims, demands, vehicle accidents or other liabilities arising out of that member's services and activities while participating in the task force. When a member drives a vehicle owned by another agency, the driver's agency assumes all liability associated with the operation of such vehicle except for the vehicle's mechanical condition. Each participating agency shall also be liable for any and all worker's compensation benefits for their personnel injured in the course and scope of duty while assigned to the task force. Each participating agency, insofar as it may legally do so, agrees to defend, indemnify and hold harmless all other participating agencies, their officers, agents and employees from and against any and all claims and demands whatsoever resulting from their member's negligence in connection with acts or omissions related to this assignment. -5- VI. FACILITIES AND OPERATIONS A. Office Space The CHP, at its own expense, will continue to provide office space at 4974 E. Clinton Ave., Fresno, CA 93727. If the space becomes unavailable or the needs of the task force change, other locations may be considered. B. Office Equipment The CHP will continue to furnish the following necessary office equipment: 1. Chairs, tables, and desks 2. One fax machine with a dedicated phone line 3. One copier machine 4. One secure safe for weapon storage 5. Lockers for office supply storage 6. Hard-line office phone system C. Computer Terminals Departmental computer systems and maintenance of such systems will be provided for each member of the task force by his/her employing agency. D. Supplemental Resources Additional contributions to HEAT from involved agencies will be negotiated as necessary and will be based on resources and funding available to that agency. E. Vehicles Participating agencies will provide a vehicle to their assigned personnel, preferably an unmarked/undercover vehicle. Vehicles obtained through the National Insurance Crime Bureau and maintained by participating agencies -6- qualify as unmarked/undercover vehicles. Fuel and maintenance costs for vehicles operated by task force members shall be borne by the agency employing said member. F. Public Safety Equipment The employing agency will provide necessary public safety equipment and miscellaneous surveillance equipment for their assigned personnel. G. Aerial Support The CHP, at their own expense, will continue to provide air support for task force operations as needed and when available. VII. STANDARD OPERATING PROCEDURE (SOP) All Fresno HEAT members shall be provided and shall abide by the Standard Operating Procedures (SOP) manual. The SOP shall be prepared by the Fresno HEAT Commander/Supervisor and approved by the Executive Committee. The SOP shall specify policy, procedures and tactics to be followed by task force members and shall include, but not be limited to, the following specific items: A. (Conflicting Policy) In any case where the policies or procedures of the task force conflict with those of a member's employing agency, the member shall abide by the directives of his or her own agency and give notification to the HEAT Supervisor. B. (Officer Involved Shooting Investigations) The investigation of officer-involved shooting incidents and vehicle accidents will be conducted by the agency having investigative jurisdiction where the incident occurred. The employing agency will also have the option to conduct a parallel investigation if they so choose. Task force member evaluations, complaints, and internal investigations will be handled by the employing agency. c. (Booking Fees Waived) Task force booking shall not incur booking fees from the County of Fresno. The booking slip shall be marked, It Fresno HEAT" near the upper right corner in bold letters to notify intake personnel. Additionally, the -7- arresting officer's name and Fresno H.E.A. T. ID number/call sign shall be clearly printed in the same location. The, 11 Fee Exempt-YES," box shall also be checked. Example: uFresno HEAT BH-20" VIII. (Site Security) The Fresno HEAT office contains firearms, U.S. Currency, computers, case files, confidential and privileged information, and confidential surveillance equipment. When no one is occupying the office, the door shall be locked, the alarm shall be set, all sensitive information shall be secured, and weapons shall be securely locked in the safe (the safe shall be locked by both key and combination). Access to the Fresno HEAT office is restricted to law enforcement personnel only. Confidential informants, witnesses, and/or victims shall not be brought to the Fresno HEAT office, the office parking lot, and/or shown, told, or advised where the Fresno HEAT office is located. A. (News Releases and Media Interviews) The release of media information regarding HEAT operations will be coordinated through the Fresno HEAT Commander or his/her designee. All agencies significantly participating in a newsworthy event should be notified prior to the release of information to the media. News releases shall comply with State Law. The media is not permitted access to the Fresno HEAT office due to the presence of privileged and confidential information and equipment. To prevent the location of the Fresno HEAT office from being made public, media interviews shall not be conducted inside, in front of, or near the office. It is encouraged that media interviews be conducted at a crime scene or in front of a public law enforcement office building. IX. (Vehicle Pursuits) Vehicle pursuits involving unmarked vehicles are discouraged. Members who become involved in a pursuit shall abide by the pursuit policy established by their respective agency. X. REPORTING The Fresno HEAT Commander will be responsible for implementing a reporting system for tracking task force activity and resource utilization. This reporting system will serve as the basis for quarterly reports to the Executive Committee as well as to ensure an accountability of personnel and resources. -8- The Fresno HEAT Commander will submit an operational report to the Executive Committee on a quarterly basis. XL AMENDMENTS TO THE MOU The Executive Committee may negotiate and amend any portion of this agreement. XII. TERMS OF AGREEMENT This agreement is effective upon signature of both parties. This agreement may be modified at any time by the Executive Committee, and will remain in effect until canceled by the Executive Committee. The MOU will be reviewed annually. Participating agencies may elect to terminate the agreement at any time. Any agency wishing to do so shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written notice or upon a date established by mutual agreement. XIII. SIGNATURES The undersigned represent authority to execute this agreement on behalf of their respective agencies; and in signing this fmmal agreement, represent concurrence with and support of HEAT as set forth in this agreement and for the period and purposes stated herein. J. R. ABRAMES, Chief California Highway Patrol ANET E. DAVIS, Chief of Police Clovis Police Department -9- Help Eliminate Auto Theft (HEAT) MOU Signature Page (July 1, 2013 -June 30, 2017) CALIFORNIA HIGHWAY PATROL JJif.Abrames, Chief California Highway Patrol Date: 7 =>12-/.5 Clovis Police Department Matthew Basgall, Chief ATTEST: BERNICE E. SEIDEL, Clert< · Board of Supervisors . By ~\'WJtu~~S;h~ Depu COUNTY OF FRESNO REVIEWED APPROVAL Fresn APRROVED AS TO LEGAL FORM APRROVED AS TO ACCOUNTING FORM For Accounting Use Only Fund: 0001 Org: 31113327 Account: 7295