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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
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1/
By:
Date I2 2�/ice Date
ATF CGIC MOU Page 7
Pueblo City Council Attested by City Clerk
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