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HomeMy WebLinkAbout09098 ORDINANCE NO. 9098 AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, & EXPLOSIVES (ATF); COLORADO SPRINGS POLICE DEPARTMENT; EL PASO COUNTY SHERIFF’S OFFICE; FOUNTAIN POLICE DEPARTMENT; COLORADO BUREAU OF INVESTIGATION (CBI); FOURTH DISTRICT ATTORNEY’S OFFICE; COLORADO DEPARTMENT OF CORRECTIONS DIVISION OF ADULT PAROLE, COMMUNITY CORRECTIONS, & YOUTH OFFENDER SERVICES; TENTH DISTRICT ATTORNEY’S OFFICE; UNITED STATES ATTORNEY’S OFFICE FOR THE DISTRICT OF COLORADO; AND THE PUEBLO POLICE DEPARTMENT (PPD), AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept the MOU between the aforementioned agencies and the PPD; and WHEREAS, acceptance of the MOU for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding, between the agencies and the PPD, relating to the operation of “Crime Gun Intelligence Center (CGIC)”, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Memorandum of Understanding on behalf of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately upon final passage. INTRODUCED: February 13, 2017 BY: Ed Brown PASSED AND APPROVED: February 27, 2017 City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 13, 2017 TO: President Stephen G Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez – Police Department SUBJECT: AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, & EXPLOSIVES (ATF); COLORADO SPRINGS POLICE DEPARTMENT; EL PASO COUNTY SHERIFF’S OFFICE; FOUNTAIN POLICE DEPARTMENT; COLORADO BUREAU OF INVESTIGATION (CBI); FOURTH DISTRICT ATTORNEY’S OFFICE; COLORADO DEPARTMENT OF CORRECTIONS DIVISION OF ADULT PAROLE, COMMUNITY CORRECTIONS, & YOUTH OFFENDER SERVICES; TENTH DISTRICT ATTORNEY’S OFFICE; UNITED STATES ATTORNEY’S OFFICE FOR THE DISTRICT OF COLORADO; AND THE PUEBLO POLICE DEPARTMENT (PPD), AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: The Regional Crime Gun Intelligence Center (CGIC) is an interagency collaboration that focuses on the collection, management, and analysis of crime gun data. This initiative provides a proactive, intelligence-based identification of violent criminal offenders in the District of Colorado. The Colorado Springs, Fountain, and Pueblo areas have been identified as sites for this initiative because of the violent crime that occurs in this region and the shared borders lends themselves to collaborative investigations. PREVIOUS COUNCIL ACTION: No previous action exists regarding this MOU as this is the initial proceeding. BACKGROUND: The mutual agreement concept, which utilizes an interagency approach involving all of the aforementioned agencies, is necessary for the public safety of the citizens of Pueblo, and to provide for an appropriate and timely response to incidents involving matters of violent gun crimes. FINANCIAL IMPLICATIONS: Administration of this MOU will require staff time within the Police Department to work cooperatively with the agencies and professionals at the other agencies. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this MOU. ALTERNATIVES: Decline the opportunity to work together, hindering service to our citizens and their safety. RECOMMENDATION: Approval of the Ordinance. Attachments: MOU Concerning Crime Gun Intelligence Center MEMORANDUM OF UNDERSTANDING AMONG THE BUREAU OF ALCOHOL,TOBACCO,FIREARMS AND EXPLOSIVES; COLORADO SPRINGS POLICE DEPARTMENT;EL PASO COUNTY SHERIFFS OFFICE; PUEBLO POLICE DEPARTMENT; FOUNTAIN POLICE DEPARTMENT; COLORADO BUREAU OF INVESTIGATION; FOURTH DISTRICT ATTORNEY'S OFFICE; COLORADO DEPARTMENT OF CORRECTIONS DIVISION OF ADULT PAROLE,COMMUNITY CORRECTIONS AND YOUTH OFFENDER SERVICES; TENTH DISTRICT ATTORNEY'S OFFICE; AND UNITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF COLORADO. This Memorandum of Understanding(MOU) is entered into by and between the Bureau of Alcohol,Tobacco,Firearms and Explosives(ATF); Colorado Springs Police Department (CSPD);El Paso County Sheriff's Office(EPSO); Fountain Police Department(FPD);Pueblo Police Department(PPD);Colorado Bureau of Investigation(CBI); Fourth District Attorney's Office(4th DA);Tenth District Attorney's Office(10th DA);Colorado Department of Corrections Division of Adult Parole,Community Corrections and Youth Offender Services (APCCYOS); and United States Attorney's Office, District of Colorado(USAO)and sets forth their relationships concerning the regional Crime Gun Intelligence Center(herein referred to as CGIC). BACKGROUND The Regional Crime Gun Intelligence Center(CGIC) is an interagency collaboration that focuses on the collection,management and analysis of crime gun data. This initiative provides a proactive,intelligence-based identification of violent criminal offenders in the District of Colorado. The CGIC will produce timely,precise, and objective intelligence data(via National Integrated Ballistic Information Network(NIBIN),crime gun tracing and investigations)to focus the efforts of federal and state law enforcement, forensic,and prosecutorial resources on the most violent offenders in the Colorado Springs,Fountain and Pueblo areas. Actionable intelligence will lead to identifying, locating and prosecuting the active shooters within our community. The Colorado Springs,Fountain and Pueblo areas have been identified as sites for this initiative because of the violent crime that occurs in this region and the shared borders lends themselves to collaborative investigations. This partnership ultimately results in generating greater evidence towards solving gun crime and removing crime guns and violent offenders from the streets within the mentioned areas. AUTHORITIES Offenses investigated and enforced pursuant to this MOU are those falling within ATF's jurisdiction 28 U.S.C. sec 599A; 27 CFR sec. 0.130. Specifically, the Gun Control Act of 1968, 18 U.S.C. §§ 921 et. seg. and the National Firearms Act,26 U.S.C. §§ 5861 et. seg. ATF CGIC MOU Page 1 PURPOSE The CGIC provides for an interagency process designed to utilize all available investigative and enforcement resources in conjunction with state and federal prosecutors to identify, arrest, prosecute, and convict violent repeat offenders and other crime gun offenders. To do so, the CGIC will perform the activities and duties described below: a. Investigate b. Analyze NIBIN hits c. Identify crime gun sources d. Identify high risk FFLs(federal firearm licensees) e. Gather and report intelligence data relating to firearms trafficking f. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the CGIC's activities will result in effective prosecution before the courts of the United States and the State of Colorado. EXECUTIVE BOARD Each participating agency ATF,CSPD,EPSO, FPD,PPD,CBI,4`h DA, 10`h DA,Colorado Division of Adult Parole and Probation and the USAO,will designate one member to the CGIC executive board. The ATF Special Agent in Charge(SAC)will be the executive board chairperson. The executive board will review the progress of the CGIC and will direct the strategic priorities for the CGIC, including further requests for funding and governmental or private grants. The executive board will also be responsible for approving the addition of further agencies to participate in the CGIC. If approved,any new participating agency will be allowed to designate a member to the executive board. On any voting actions,each board member will have one vote,and a simple majority is necessary to approve any matters requiring a vote. The executive board will meet quarterly in Colorado Springs,CO. MEASUREMENT OF SUCCESS Success of the CGIC will involve increased multiple NIBIN matches, higher clearance rates for violent crimes, increased crime gun interdiction, reduced violent gun crime rates, increased effective deployment of law enforcement resources, and increased prosecution of violent gun crime. The success of the CGIC will be dependent, in part,upon the participating agencies' willingness to share certain information, such as crime statistics and NIBIN results. PHYSICAL LOCATION Personnel assigned to the CLIC by their employers will be located at the ATF Colorado Springs Field Office or Pueblo Police Department. ATF CGIC MOU Page 2 SUPERVISION AND CONTROL The day-to-day supervision and administrative control of personnel assigned to the CGIC will be the mutual responsibility of the participants,with the ATF SAC or his/her designee having operational control over all operations related to the CGIC. Personnel shall remain subject to their respective agencies'policies,and they shall report to their respective agencies regarding matters unrelated to this MOU. With regard to matters related to the CLIC,participants will be subject to Federal law and Department of Justice (DOJ)and ATF orders, regulations and policy, including those related to standards of conduct,sexual harassment,equal opportunity issues and Federal disclosure laws. Failure to comply with this paragraph could result in a participant's dismissal from the CLIC. PERSONNEL,RESOURCES AND SUPERVISION To accomplish the objectives of the CLIC,each participating agency agrees to make available to their assigned personnel any equipment ordinarily assigned for use by that agency. In the event ATF supplies equipment(which may include vehicles,weapons or radios)to TFOs assigned to ATF,those TFOs must abide by any applicable ATF property orders or policy,and may be required to enter into a separate agreement for their use. REPORTS AND INFORMATION SHARING Information will be freely shared among the participants with the understanding that alt investigative information will be kept strictly confidential and will only be used in furtherance of criminal investigations. No information gathered during the course of the CGIC, to include informal communications between participants,may be disseminated to any third party,non- CGIC member by any CGIC member without the express permission of the CLIC Supervisor in Charge or his/her designee. Any public requests for access to the records or any disclosures of information obtained by CGIC members during CLIC investigations will be handled in accordance with applicable statutes,regulations,and policies pursuant to the Freedom of Information Act, the Privacy Act, and other applicable federal and/or state statutes and regulations. INVESTIGATIVE METHODS The parties agree to utilize Federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where state or local laws are more restrictive than comparable Federal law,investigative methods employed by state and local law enforcement agencies shall conform to those requirements, pending a decision as to a venue for prosecution. The use of other investigative methods(search warrants, interceptions of oral communications, etc.)and reporting procedures in connection therewith will be consistent with the policy and MIIIIIIIIIIIb ATF CGIC MOU Page 3 procedures of ATF and DOJ. All CGIC operations will be conducted and reviewed in accordance with applicable DOJ policies and guidelines. None of the parties to this MOU will knowingly seek investigations under this MOU that would cause a conflict with any ongoing investigation of an agency not party to this MOU. It is incumbent upon each participating agency to notify its personnel regarding the CGIC's areas of concern and jurisdiction. All law enforcement actions will be coordinated and cooperatively carried out by all parties to this MOU. DECONFLICTION Each participating agency agrees that the deconfliction process requires the sharing of certain operational information with the CGIC,which,if disclosed to unauthorized persons, could endanger law enforcement personnel and the public. As a result of this concern,each participating agency agrees to adopt security measures set forth herein: a. Each participating agency will assign primary and secondary points of contact. b. Each participating agency agrees to keep its points of contact list updated. The Executive Board and points of contact for the CGIC are: NIBIN/CLIC Executive Board Agency Point of Contacts USAO:, U.S. Attorney John Walsh AUSA Kurt Bohn ATF: SAC Kenneth Croke ASAC Ronald Humphries APCCYOS: Director Melissa Roberts Deputy Director Alison Morgan CSPD: Chief Peter Carey Commander Kirk Wilson EPSO: Sheriff Bill Elder Commander Richard Hatch FPD: Chief Chris Heberer Deputy Chief Ron Reeves PPD: Chief Luis Velez Captain Jeff Bodmer j: Director Mike Rankin Forensic Services Director Jan Girten 411'DA: DA Daniel May Chief Deputy DA Jeff Lindsey 10th DA: DA Jeff Chostner Chief Deputy DA Anthony Marzavas ATF CGIC MOU Page 4 EVIDENCE Evidence will be maintained by the lead agency having jurisdiction in the court system intended for prosecution. Evidence generated from investigations initiated by a participant intended for Federal prosecution will be placed in the ATF designated vault,using the procedures found in ATF orders. All firearms seized by a participant must be submitted for fingerprint analysis and for a NIBIN examination. Once all analyses are completed,all firearms seized under Federal law shall be placed into the ATF designated vault for proper storage. All firearms information/descriptions taken into ATF custody must be submitted to ATF's National Tracing Center. JURISDICTION/PROSECUTIONS Cases will be reviewed by the participating agencies,the USAO, and appropriate state or local prosecution offices;to determine whether cases will be referred for prosecution to the USAO or to the relevant state or local prosecution office. This determination will be based upon which venue for prosecution will best serve the interests of justice and the greatest overall benefit to the public. Any question that arises pertaining to prosecution will be resolved through discussion among the investigative agencies and prosecuting entities having an interest in the matter. MEDIA Media relations will be handled by the USAO Public Affairs Officer(PAO)and ATF's Public Information Officer(PIO) in coordination with each participating agency. Information for press releases will be reviewed and mutually agreed upon by all participating agencies, who will take part in press conferences. Assigned personnel will be informed not to give statements to the media concerning any ongoing investigation or prosecution under this MOU without the concurrence of the other participants and,when appropriate, the relevant prosecutor's office. All personnel from the participating agencies shall strictly adhere to the requirements of Title 26, United States Code, § 6103. Disclosure of tax return information and tax information acquired during the course of investigations involving National Firearms Act(NFA)firearms as defined in 26 U.S.C.,Chapter 53,shall not be made except as provided by law. DISPUTE RESOLUTION In cases of overlapping jurisdiction, as noted above, the participating agencies agree to work in concert to achieve the CGIC's goals and objectives. The parties to this MOU agree to attempt to resolve any disputes regarding jurisdiction,prosecution venue,case assignments,and workload at the lowest level possible. ATF CGIC MOU Page 5 LIABILITY ATF acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its officers and employees,while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Tort Claims Act. Claims against the United States for injury or loss of property,personal injury,or death arising or resulting from the negligent or wrongful act or omission of any Federal employee while acting within the scope of his or her office or employment are governed by the Federal Tort Claims Act, 28 U.S.C. sections 1346(b),2672-2680(unless the claim arises from a violation of the Constitution of the United States,or a violation of a statute of the United States under which other recovery is authorized). Except as otherwise provided,the parties agree to be solely responsible for the negligent or wrongful acts or omissions of their respective employees and will not seek financial contributions from the other parties for such acts or omissions. Legal representation by the United States is determined by the United States Department of Justice on a case-by-case basis. ATF cannot guarantee the United States will provide legal representation to any State or local law enforcement officer. Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of this MOU will be the sole responsibility of the respective agent or officer and agency involved. DURATION This MOU shall remain in effect until it is terminated in writing(to include electronic mail and facsimile). All participating agencies agree that no agency shall withdraw from the CGIC without providing ninety(90)days written notice to other participating agencies. MODIFICATIONS This agreement may be modified at any time by written consent of all participating agencies. Modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. bureau of Alcohol.Tobacco.Firearms and Colojdo Department of Corrections plosives pivision of Adult Parole.Community Corrections and Youth Offender Services By: , ,/. By: Date: F.c,6 Z Date: ATF CGIC MOU Page 6 Colorado Springs Police Department • • .'• ' ' f 1 til . II If f�l By: By: et/e Date: Date: Z7/67/ El Paso Sheriff's Office Pueblo Police Department By: By: Date: Date Colorado Bureau of Investigations Fourth District Attorney's Office By: By: Date Date Tenth District Attorney's Office United States Attorney's Office For the District of Colorado By: By: Date Date ATF CGIC MOU Page 7 Colorado Springs Police Department Fountain Police Department By: By: Date: Date: El Paso Sheriffs Office Pueblo Police Department By: By: Date: Date i// (77 Colorado Bureau of jpvestigationg Fourth District Attorney's Office By: By: Date Date Tenth District Attorney's Office United States Attorney's Office For the District oCCQjorado By: By: Date Date ATF CGIC MOU Page 7 Colorado Springs Police Denartment Fountain Police Department By: By: Date: Date: ElPas`o Sheriffs Office pueblo Police Department By: By: Date: Date Colorado Bureau of Investigations Fourth District Attorney's Office -}mac d~i By: By: ./ Date Date Z • United States Attorney's Office For the district of Colorado By: By: Date Date ATF CGIC MOU Page 7 Cotorado,$pring Police Department Fountain Police Department By: By: Date: Date: al Paso Sheriff's Office Pueblo Police Department By: By: Date: Date Colorado Bureau of Investigation Fourth District Attorney's Ogee By: By: Date //6,7 6,7 /7_ Date Tenth District Attorney's Office United States Attorney's Office For the District of Colorado By: : n!• . Date Date 3,1 f-$ a4:1 lh ATF CGIC MOU Page 7 APPROVED AS TO FORM CITY OF COLORADO SPRINGS CITY ATTORNEY'S OFFICE r Name: Orign Colorado Springs Police Department Fountain Police Department r‘cBy: By: Date: �� ,et‘-'11 Date: El Paso Sheriff's Office pueblo Police Departrent By: By: Date: Date Colorado Bureau of Investieatim Fourth District Attorney's Office By: By: Date Date Tenth District Attorney's Office United States Attorney's Office For the District of Colorado By: By: Date Date ATF CGIC MOU Page 7 Colorado Springs Police Department Fountain Police Department By: By: Date: Date: EI Paso_Sheriff's Office pueblo Police Department By: Date: Co_f y/4 Date Colorado Bureau of Investigations Fourth District Attorney's Office By: By: Date Date Tenth DistrictAttorney's Office United States Attorney's Office For the District of Colorado By: By: Date Date ATF CGIC MOU Page 7 Colorado$rings eolice Department Fountain Police Department By: By: Date: Date: ElhallhEilafflict Pueblo Police Department By: By: Date: Date Colorado Bureau of Investjgatiouj fourth District Attorney's Office By: By: Date Date Tenth District Attorney's Office ! [QIA i r. r / 1/ By: Date I2 2�/ice Date ATF CGIC MOU Page 7 Pueblo City Council Attested by City Clerk IiiiillirliWP 0 !~ Date: a .6.caiL0'bot iv 4 V , R ar9 \1( \ (Jr % t /=z 1f Yt'S � J ATF CGIC MOU Page 7