HomeMy WebLinkAboutORANGE COUNTY AUTO THEFT TASK FORCE - 2005-09-06 .'(.iTY OF HUNTINGTON BEA ,h G>v��<<
MEETING DATE: September 6, 2005 DEPARTMENT ID NUMBER: PD-05-011
Council/Agency Meeting Held: 9A I
Deferred/Continued to: WW-54-�
Approved Ell Conditionally Approved El Denied ity rk' ignatur
Council Meeting Date: September 6, 2005 Department ID Number: PD-05-011
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PEN OP CULBRETH-GR FT, City Administrator N C)
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-PREPARED BY: KENNETH W. SMALL, Chief of Police � '�
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SUBJECT: Review and approve MOU with the Orange County Auto Thef
Task Force (O.C.A.T.T.)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
The Orange County Auto Theft Task Force (OCATT) has submitted a new Memorandum of
Understanding to the Chief of Police for his signature. This MOU, if approved, will be in
effect from January 1, 2005 until January 1, 2010.
Funding Source:
Not applicable.
Recommended Action:
Approve the 'Memorandum of Understanding' and authorize the Chief of Police to sign the
new agreement.
Alternative Action(s):
Do not approve the Memorandum of Understanding. This will result in the police
department withdrawing from OCATT.
WDocuments and Settingsljamesm\Local SettingsUemporary Internet Fi1es10LK7E10CATr RCA.doc -2-
8/24/2005 9:20 AM E- 2
REQUEST FOR ACTION
MEETING DATE: September 6, 2005 DEPARTMENT ID NUMBER: PD-05-011
Analysis:
The Orange County Auto Theft Task Force (OCATT) is a multi-jurisdictional law enforcement
program. OCATT investigates, arrests and prosecutes professional and career criminals
responsible for Orange County vehicle thefts. The Huntington Beach Police Department
currently has one police officer assigned to the Orange County Auto Theft Task Force. At
this time, fourteen law enforcement agencies contribute personnel and resources to the task
force.
The proposed MOU (attached) addresses administrative procedures, operating procedures,
payroll and liability issues that are pertinent to the participating employees and their
respective law enforcement agencies. The Huntington Beach Police department has been a
participant in the Orange County Auto Theft Task Force for almost 12 years.
By approving the Memorandum of Understanding and authorizing Chief Small to sign it on
the city's behalf, the police department would continue its participation in this important
regional program. Approval will benefit both the City of Huntington Beach and potentially all
Orange County law enforcement agencies.
Environmental Status:
Attachment(s):
NumberCity Clerk's
Page •
1 Memorandum of Understanding orange County Auto Theft Task Force
RCA Author: Sgt_ C. Filiocchia/Mindy James Ext_ 5425
DADocuments and Setttngsljamesm\Lacat SetbngsJemporary Internet Ft1es10LK7E10CATT RCA_doc -3-
8l24I2005 9:20 AM
ATTACHMENT # 1 ----.Aj
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CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: POLICE CHIEF KEN SMALL
FROM: JENNIFER MCGRATH, City Attorney
DATE: July 26,2005
SUBJECT: Orange County Auto Theft Task Force MOU (RLS 2005-207)
As requested,we have reviewed the above referenced MOU. We /he
ecific
authorization given to the Police Chief to execute the MOU on behe MOU must .
be presented to the City Council for review and approval.
RECOMMENDATION -
The MOU should be presented to the City Council for review and approval.
Please contact me if you have any further questions.
01,
City Attorney
/k
pda/05mcmos/auto theft MOU
MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY AUTO THEFT TASK FORCE
Updated January 1, 2005
1. OVERVIEW
In 2004, a total of 10,749 vehicles were stolen in Orange County at a cost to the motoring
public of over$150 million.After steadily declining for the past six years,the auto theft rate
in Orange County rose 6%in Fiscal Year 2003-04.
In an effort to suppress vehicle theft crimes and address mounting public concern, the
California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250.14).
This bill authorizes the Board of Supervisors to impose a one-dollar fee on all vehicles
registered in the County at the time of registration renewal to enhance the capacity of local
law enforcement and prosecutors to deter, investigate, and prosecute vehicle theft crimes.
On January 6, 1993,The Orange County District Attorney,in conjunction with the Orange
County Chiefs' and Sheriffs Association, requested the Board of Supervisors adopt a
resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi-
jurisdictional vehicle theft task force.The resolution was adopted unanimously which results
in an additional $1.00 fee to be charged on each Orange County new and renewal vehicle
registration.
II. MISSION
To reduce the incidence of vehicle theft and increase the apprehension of the professional
vehicle thief.
A. Objectives
1. Interface -with the Regional Narcotics Suppression Program (RNSP), Orange County
Gang Task Force, Orange Cost Regional Career Criminal Apprehension Program
(CCAP), California Highway Patrol (CHP) Investigative Services, Department of
Motor Vehicles(DMV),Department of Justice (DOJ), and all agencies within Orange
County for the sharing of intelligence related to vehicle theft.
2. Increase the arrests of vehicle theft suspects, particularly the professional thieves
participating in stripping, renumbering for resale, exportation,and car jackings.
3. Identify locations supporting vehicle theft offenses and take the appropriate
enforcement action. These locations may include legitimate businesses(repair/body
shops and dismantlers)used for illegal activities and sites of"chop shop"operations.
MOU. January 2005 1
4. Identify local trends and/or patterns of vehicle theft activities targeted by task force
investigators.
5. Increase the recovery rate of stolen vehicles in Orange County.
6. Provide a fundamental, vehicle theft investigation repository of vehicle theft
expertise, support,coordination and functional database.
7. Provide a forum for public awareness of vehicle theft prevention. This will be
accomplished through coordination with local media to expose the vehicle theft
program and encourage public participation,while discouraging potential vehicle
thieves.
III. TASK FORCE ORGANIZATION
A. Executive Committee
The Executive Committee shall act as the Board of Directors of the Orange County Auto
Theft Task Force and direct the affairs of such. The Executive Committee shall be
comprised of nine members of the following agencies: and encompass the District
Attorney's Office,the County Sheriff,the Police Chiefs of Santa Ana, Buena Park,
Newport Beach,Fullerton, Huntington Beach, Westminster and the Border Division
Chief of the California Highway Patrol.
Members of the Executive Committee should meet as needed,to review task force
operations and provide guidance and input. The Chief of the District Attorney's Bureau
of Investigation Unit shall serve as Director and Chairperson of the Executive
Committee. Quorum voting of the Executive Committee shall be by majority vote and by
committee members only. Board vacancies shall be filled by majority vote of the
Executive Committee.
B. Task Force Coordinator
A Lieutenant of the California Highway Patrol will staff the Coordinator's position. The
coordinator will be responsible for management of the task force and will be accountable
to the Executive Committee. The lieutenant will dedicate that amount of time necessary
to efficiently manage the Task Force. The coordinator's salaries and benefits will not be
reimbursed by the task force fund.
C. Supervision
The task force will be comprised of two investigative teams assigned by the task force
coordinator,dictated by vehicle theft trends and demographics. Supervision of the
investigative teams will be the responsibility of the sergeant, a working member of the
team. Selection of task force supervisors will be based upon level of expertise,previous
performance and availability. Selection of the supervisors will be from a qualified pool
MOU. January 2005 2
of candidates provided by participating agencies. The selection shall be the responsibility
of the task force coordinator with concurrence of the Executive Committee. Salaries and
benefits associated with supervisory positions will be reimbursed by the task force fund.
D. Prosecution Staff
The District Attorney's Office will assign up to two prosecutors, and one investigator to
work alongside task force members. The prosecutors will provide legal review and file
task force cases warranting criminal complaints. All task force cases will be vertically
prosecuted.
The District Attorney's investigator will act as liaison between task force members and
prosecutors and participate in investigations, and the filing of criminal cases. Salaries
and benefits for these three positions will be reimbursed by the task force fund.
E. Investigators
The task force shall be staffed by qualified detectives/investigators. Assignment to the
task force shall be for a minimum of two years. Due to the sensitive nature of the
position, personnel recommended for assignment will be subject to selection interviews
by the coordinator and supervisors. Consideration for assignment is based on previous
performance, investigative experience and ability to work well with others in a covert and
close environment.
Personnel not meeting acceptable standards of performance or refusing to comply with
task force policies and procedures may be removed from the task force and transferred
back to his/her agency. Should the coordinator have cause to replace a member,he shall
discuss the issue with the participating agency. If the participating agency does not
concur with the coordinator's decision to remove/replace the member,the issue shall be
forwarded to the Executive Committee for resolution. It is agreed, however,the resolving
of operational issues at the lowest level serves the best interest of the task force. Salaries
and benefits associated with these detectives/investigators will be reimbursed from the
task force fund.
F. Administrative Support Staff
The Office of the District Attorney will provide up to two Attorney's Clerk to the task
force.
These positions will support office/administrative operations and task force personnel and
provide clerical liaison between participating agencies.
An Accountant Auditor position will be provided by the Office of the District Attorney to
coordinate general accounting; budget; purchasing;receipt, disbursement and
reconciliation of task force fund. This position will be responsible for providing a
MOU. January 2005 3
quarterly and/or annual accounting of the fund. The salaries and benefits for these three
positions will be reimbursed by the task force fund.
G. California Department of Insurance(DOI)
The Department of Insurance will assign one full-time investigator to the task force. All
salary and benefit expenses for this member will be paid by DOI and will not be reimbursed
the task force fund. Overtime expenses for this member will be reimbursed to DOI b by p y
the task force fund. Refer to Section IV.D, Overtime, for further requirements. DOI will
provide this investigator's vehicle.
H. Department of Motor Vehicles(DMV) Special Investigator
The Department of Motor Vehicles - Special Investigations Unit, will assign an
investigator to the task force on an associate basis to assist with records information
including vehicle backgrounds, fraudulent identification(vehicles/persons), identification
of suspects,document analysis,etc. Expenses for the associate investigator position will
not be reimbursed by the task force fund.
Should the need for a full-time investigator develop,the Department of Motor Vehicles
has offered to provide one full-time investigator. The investigator's salaries, benefits,and
overtime would not be reimbursed by the task force fund. The investigator will provide
his/her vehicle, safety equipment and radio,etc. when reporting to the task force.
IV. FISCAL PROCEDURES
A. Salaries and Benefits
The task force coordinator,participating representatives from the Department of
Insurance,the Department of Motor Vehicles, Orange County Probation, California State
Parole and investigators from the California Highway Patrol, will not be reimbursed for
salaries and benefits.
The salaries, benefits and overtime of all remaining task force participants will be
reimbursed to the participating agencies by the task force fund. The personnel assigned
to the task force will be paid by their respective agencies.
It shall be the responsibility of the coordinator to institute a system of checks and
balances, whereby,the hours of each participant will be authorized and audited for
accuracy. This information will be reported to the participating agencies'time analyst,
with a copy to the task force accountant. The task force coordinator will retain a copy of
this record.
Members assigned to the task force whose salaries and benefits are reimbursed by the task
MOU. January 2005 4
force fund shall be assigned as a full time position. The administrative processing to
determine payroll by the participating agencies will not be reimbursed.
B. Participant Claims for Reimbursement
Participating agencies may request reimbursement for task force members' regular
salaries, benefits and overtime. Reimbursement will be based on actual hours of program
participation. Overtime expense will be reimbursed using task force member's overtime
pay rate at the time the overtime hours worked regardless of these hours being paid in
cash or converted to compensation time off by participating agencies. Hence,to avoid
duplicate billing,the compensation time off taken by task force members will not be
reimbursed from the task force fund. When OCATT investigators attend training not
related to OCATT duties, i.e. riot training, bomb squad, scuba diving,those hours will
not be paid by OCATT. All claims are subject to approval by the Task Force coordinator.
It is the responsibility of the task force accountant to develop a format for claiming
expenses,with appropriate substantiating data, and to provide a sample of the document
to the participating agencies for claim purposes. Payment of submitted claims will be
processed within 90 days of receipt of invoice in a format acceptable to the task force.
In the unlikely event that revenues fall short of what is required for full recompense;
reimbursement shall be made on a pro rata, share basis. In no event will general revenues
of the County be used to offset any shortage.
Claims for reimbursement of travel,per diem, lodging, materials, or services necessary to
perform task force activities shall be submitted on an approved claim form specific to
task force operations. All claims are subject to approval by the Task Force coordinator.
Upon approval,the coordinator shall forward the reimbursement claims to the task force
accountant for payment processing within 90 days of receipt of claims.
C. Right to Audit
Each party to this agreement shall make available to the county, at all reasonable times,
their financial records relating to this agreement. The County or independent auditor may
audit such records and, should the County determine ineligible costs have been
reimbursed,the agency shall immediately repay that amount deemed ineligible. If not
repaid within 30 days,the County may withhold the amount deemed ineligible from
future reimbursements. The parties shall maintain the original copies of the required
records for a period of three years after the date the expense is reimbursed.
D. Overtime
The Executive Committee may approve a"not to exceed"monthly allocation of overtime
to be utilized by the task force.
MOU. January 2005 5
Monthly amounts exceeding this allocation will require written justification by the task
force coordinator for approval of the Executive Committee.
E. Indirect Costs
The County of Orange,through the Office of the District Attorney,receives and is the
financial administrator for all source funds for the Orange County Auto Theft Task Force.
As such, a significant amount of management time will be consumed for the
administration of funds and expenditures associated with these funds,to be reimbursed to
the Office of the District Attorney.
F. Special Fund
The Office of the District Attorney, in order to facilitate task force operations, shall
establish a special appropriation fund. These funds shall be used only as necessary, in the
performance of duties relating to task force activities. Use of special fund will be limited
to special and extraordinary expenses incurred during the investigation of vehicle thefts in
accordance with Government Code Sections 29400 through 29407. Authorization to use
these funds will be determined by the Executive Board through its Chairman.
V. LIABILITY
Each participating agency involved in the task force shall have full financial
responsibility for their respective investigators assigned to the task force, including
vehicle accidents and industrial injury claims. Additionally,the agency shall be
responsible for any and all workers'compensation claims of their respective
detective/investigator, in the event of injury during the course and scope of duties while
assigned to the task force.
The County, its officers, agents and employees shall not be deemed to have assumed any
liability for the negligence of participating agencies, officers or employees,and
participating agencies shall hold the County, its officers and employees harmless from
claims and damages resulting therefrom. Participating agencies and the County shall
hold each other harmless from the liability for acts or omissions of the other.
Each party to this agreement agrees to defend, indemnify,and hold harmless the other
parties to this agreement, in regard to liability imposed on the agreeing parties,due to acts
or omissions of another party's assigned employees.
VI. OPERATIONAL LOCATION
Appropriate space will be leased to house task force participants and equipment. The
lease will be paid from the task force fund. The task force office will be centrally located
MOU. January 2005 6
within Orange County: Location will be selected by the task force coordinator in
conjunction with County of Orange County Executive Office, and approved by the
Executive Committee.
V11. EQUIPMENT
The task force coordinator will be accountable for equipment assigned to the task force
and will utilize approved county procedures for the accounting of, and safeguarding fixed
assets.
A. Vehicles
If the task force is unable to provide a vehicle to the member through task force
resources, participating agencies agree to provide this equipment.
In the event the task force purchases or leases vehicles for use by task force members;
those vehicles will be placed under the County of Orange's self-insured liability policy.
However, any losses, including traffic collisions, thefts, etc., that occur while the vehicle
is under the control of a task force member, shall fall under the liability of the member's
home agency, and that home agency shall defend, indemnify and hold harmless the other
members. including the County, as detailed in section V of this Memorandum of
Understanding.
Maintenance of vehicles provided by the task force will be paid for by the task force fund.
Each member of the task force will be issued a gasoline card, which shall be used to
purchase gasoline and two car washes per month for their assigned OCATT vehicle.
Members shall submit the receipts monthly to the coordinator who will review, approve
and forward them to the District Attorney Administration for payment.
B. Communications Equipment
Hand held mini-radios and cellular telephones will be acquired in cooperation with the
County of Orange County Executive Office and paid for by the task force fund. The
coordinator, each supervisor, and each detective/investigator will be provided this
equipment. Procedures will be developed to ensure proper use and accountability of this
equipment.
C. Additional Equipment
Additional equipment including surveillance equipment, office equipment, computers,
hand tools, binoculars, video cameras, etc. will be purchased by the task force fund and
provided to members from task force inventory. Situations requiring air support, unique
vehicles, or covert assets, will require cooperative scheduling and assistance from
participating;agencies.
MOU. January 2005 7
V11. UNDERCOVER DOCUMENTS
The use of covert identities to support or enhance undercover operations is essential.
This may require detectives/investigators to possess undercover driver's licenses, and/or
other sources of identification.
The procurement, utilization, and control of these documents will rest with the
participating agencies. Detectives/investigators will be expected to bring covert
documents with them at the time of assignment.
IX. ASSET SHARING
Task force operations, which result in the potential for either State or Federal asset
seizures. shall be brought to the attention of the Executive Committee. The Committee
will assess whether or not an application for asset forfeiture sharing will be made
pursuant to appropriate State or Federal law. Any forfeited funds paid to the task force
shall be retained by the task force to pay for operational expenses.
X. STANDARD OPERATING PROCEDURES
All task force members shall abide by the Standard Operating Procedures Manual (SOP),
which shall be prepared by the task force coordinator with assistance from task force
supervisors. The completed SOP will be subject to the review and approval of the
Executive Committee.
The SOP shall specify policies and procedures for task force operations and shall include
the following specific items:
A. In the event task force policies or procedures conflict with a participating agency,
the member shall abide by the policies of his/her agency. Conflicts not resolved
by team supervisors will be referred to the task force coordinator for resolution.
B. The investigation of officer-involved shootings shall be conducted according to
the Orange County Chiefs of Police and Sheriffs Association's officer-involved
shooting protocol. Vehicle accidents will be handled by the agency having
jurisdiction at the location the incident occurs. Nothing precludes further investi-
gation or concurrent investigation by the detective's/investigator's parent agency.
Injured personnel will be taken to the most immediate and competent medical
facility available. The participating agency of the involved member will be
notified of the incident immediately.
C. Task force personnel evaluations and investigations of citizens' complaints or
internal investigations shall be handled jointly between the task force supervisor
and host agency, when task force assignment is an issue. Disciplinary actions will
be approved solely by the participating agency. Participating agencies will
MOU. January 2005 8
provide the name and telephone number of a "liaison supervisor" that will assist
task force supervisors with inquiries of mutual concern. Internal disciplinary
problems will be the responsibility of the task force supervisors. Failure to abide
by task force policies and procedures may result in removal from the task force,
upon recommendation of the coordinator, with concurrence of the Executive
Committee.
D. The release of media information regarding task force operations will be
coordinated through the task force supervisor upon concurrence of the
coordinator. ;Media releases involving joint investigations with one or more
Orange County agencies will be coordinated with the Executive Committee and
those agencies prior to the release of information if time permits. The coordinator
will apprise the Chairman of the Executive Committee of incidents with
significant media interest. The Executive Committee will determine the course of
action when releasing significant information.
XI. REPORTING
A. The task force coordinator will be responsible for implementing a reporting
system which tracks team activities, statistics, and accomplishments of task force
operations. This reporting,system will serve as the basis for quarterly reports to
the Executive Committee and ensure accountability of resources, personnel and
equipment.
B. The coordinator will submit an operational report to the Executive Committee on
a semi-annual or annual basis.
C. The annual report will be provided to the County Board of Supervisors. with
copies to each participating City Council.
XII. AMENDMENTS TO THE M.O.U.
By a majority vote of the quorum, the Executive Committee may amend any portion of
this M.U.U., as long as such amendments do not extend the term of, or otherwise
materially alter the obligations of the parties hereunder.
XIII. TERM OF AGREEMENT
This agreement shall commence on January 1. 2005, and remain in effect until the
termination of task force funding on the close of business, January I, 2010, as set forth in
Vehicle Code Section 9250.14 (AB 183). Participating agencies may elect to terminate
the agreement prior to its designated termination date. Any agency desiring to terminate
its participation in this agreement 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 communication or upon a date established by mutual agreement.
MOU. January 2005 9
XIV. SIGNATURES
The undersigned state they represent and have the authority to execute this agreement on
behali'of their respective agencies and, in signing this agreement, concur with and
support the Orange County Auto Theft Task Force, as set forth in this agreement and
for the period and purposes as stated herein.
Donald Blankenship. Chief Date
Bureau of Investigations. Orange County District Attorney
Mike Messina, Chief Date
Brea Police Department
Tom Monson, Chief Date
Buena Park Police Department
Robert "Skip-' Carter. Chief Date
.California Highway Patrol
Dale Banda, Deputy Commissioner Date
'California Department of Insurance
Patrick McKinley, Chief Date
Fullerton Police Department
Kenneth Small, Chief Date
Huntington Beach Police Department
MOU . January 2005 10
Dennis Kies, Chief Date
La Habra Police Department
Robert McDonell, Chief Date
Newport Beach Police Department
Tony Rackauckas, District Attorney Date
Orange County District Attorneys Office
Michael Carona, Sheriff Date
Orange County Sheriff Department
John Schaefer. Chief Date
Placentia Police Department
Paul Walters, Chief Date
Santa Ana Police Department
Andrew Hail, Chief Date
Westminster Police Department
MOU: January 2005 �I
, RCA ROUTING SHEET
INITIATING DEPARTMENT: Police
SUBJECT: Review and Approval of'Memorandum of Understanding'
with the Orange County Auto Theft Task Force
COUNCIL MEETING DATE: September 6, 2005
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in fall by the City Attome) Attached
Subleases, Third Party Agreements, etc.
LApproved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not A plicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOWP
t,DED
Administrative Staff
Assistant City Administrator initial )
City Administrator Initial
City Clerk }
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author Sgt. C. Fiiicicchia I Mindy James Ext. 5425