Loading...
HomeMy WebLinkAbout09187ORDINANCE NO. 9187 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATEWIDE - BEAT AUTO THEFT THROUGH LAW ENFORCMENT TEAM (BATTLE), FOR THE PURPOSE OF PARTICIPATING IN A STATEWIDE MULTI-AGENCY TASK FORCE OF LAW ENFORCEMENT AGENCIES TO COMBAT AUTO THEFT, ESTABLISHING PROJECT NO. PS1706, AND TRANSFERRING FUNDS FROM THE PROJECTS TO BE DETERMINED – PUBLIC SAFETY GRANT FUND TO PROJECT NO. PS1706. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Project No. PS1706 is hereby created and funds in the amount of $7,500.00 shall be transferred from the Projects to be Determined – Public Safety Grant Fund to Project No. PS1706. SECTION 4. The officers and staff of the City are authorized and directed to take all action necessary, appropriate or required to effectuate the provisions of this Ordinance. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED September 25, 2017 BY: Ed Brown PASSED AND APPROVED: October 10, 2017 City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 25, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Troy D. Davenport, Police Department SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATEWIDE - BEAT AUTO THEFT THROUGH LAW ENFORCMENT TEAM (BATTLE), FOR THE PURPOSE OF PARTICIPATING IN A STATEWIDE MULTI- AGENCY TASK FORCE OF LAW ENFORCEMENT AGENCIES TO COMBAT AUTO THEFT, ESTABLISHING PROJECT NO. PS1706, AND TRANSFERRING FUNDS FROM THE PROJECTS TO BE DETERMINED – PUBLIC SAFETY GRANT FUND TO PROJECT NO. PS1706. SUMMARY: Attached is an Ordinance for the approval of a memorandum of understanding between the City of Pueblo and the statewide Beat Auto Theft Through Law Enforcement Team (BATTLE) for the purpose of participating in the multi-jurisdictional approach to combat auto theft. The ordinance also approves the creation of Project No.PS1706 for the purpose of accepting grant funds from the (CATPA) Colorado Auto Theft Prevention Authority, which have been awarded pursuant to CATPA18-JAJU18, to the Colorado Department of Public Safety - Colorado State Patrol (CSP) BATTLE, and for the statewide (BATTLE) for the purpose of participating in the multi-jurisdictional approach to combat auto theft. PREVIOUS COUNCIL ACTION: City Council has approved ordinances and resolutions to approve the BATTLE MOU and accept the Colorado Auto Theft Prevention Program Grant each year from July 2009 through June 2016. BACKGROUND: Each year from July 2009 through June 2016, the Pueblo Police Department has accepted Colorado Auto Theft Prevention Program Grant funds. The total funds were shared among several different law enforcement agencies in Colorado. The attached Memorandum of Understanding formalizes the relationship between the various participating agencies. The multi-jurisdictional task force will focus on the prevention and reduction of motor vehicle thefts as well as the identification, investigation, location and apprehension of motor vehicle theft suspects. The anticipated result is an increase in the amount of stolen vehicles recovered. The agencies will accomplish this through educational and intelligence-led enforcement efforts throughout participating jurisdictions with task force members sharing information amongst each other and any other requesting agency. The Colorado Department of Public Safety – Colorado State Patrol (BATTLE) will act as the task force’s Project Manager. Operational coordination and oversight of the task force will be the responsibility of the Project Manager. Supervision of the personnel assigned to the task force, and their conduct, will be the responsibility of the supervisors of each participating agency. The task force will utilize funds provided by the Colorado Auto Theft Prevention Authority (CATPA) grant to help complete the mission. Funds shall be used only in accordance with the provisions of CATPA’s FY18 grant award, pursuant to the project number CATPA18-JAJU18, to the Colorado State Patrol (BATTLE) Team. FINANCIAL IMPLICATIONS: The Pueblo Police Department shall receive $7,500.00 as allocated by the grant award. No match is required by the City of Pueblo. Project No. PS1706 shall be created and funds in the amount of $7,500.00 transferred from the Projects to be Determined – Public Safety Grant Fund to Project No. PS1706. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: City Council may opt out of the task force and decline the grant funds. The Police Department cannot be reimbursed for any overtime for participation in this program from CATPA funds until the proposed MOU is approved by Council. RECOMMENDATION: The Police Department recommends approval of the Ordinance. Attachments: Memorandum of Understanding, (BATTLE Application for FY18 CATPA Grant Funding), Notification of funding allocation for Pueblo Police Department, and Information for CATPA Grant Program 2018. MEMORANDUM of UNDERSTANDING Beat Auto Theft Through Law Enforcement This Memorandum of Understanding (MOU) is entered into by the Sheriff, Chief or Law Enforcement Agency Director (or designee) of the agencies who subsequently agree to the terms of this MOU. Purpose: The purpose of this MOU is to outline the overall mission of the Beat Auto Theft Through Law Enforcement Team (BATTLE) and delineate the responsibilities between the participating member agencies listed above and any additional agencies that have agreed to this MOU. This MOU will formalize the relationship between participating agencies for policy guidance, planning, training, public relations and media relations in order to maximize inter-agency cooperation. This will also create a cohesive unit capable of addressing the emerging organized auto theft problem facing Colorado law enforcement agencies. Each participating agency agrees that its law enforcement personnel and/or its equipment may be used in conducting overt and covert investigations involving organized or multiple-motor vehicle thefts, chop shops and fencing of stolen motor vehicles and/or motor vehicles parts. This MOU provides functions or services, including the sharing of services or functions by political subdivisions of the State of Colorado, specifically authorized by CRS 29-1- 203. In addition, this MOU sets forth the intent of the signatories to participate in BATTLE. Mission: The mission of BATTLE is to aggressively investigate reported auto theft crimes, auto theft related crimes, apprehend criminals, recover property, and proactively prevent auto theft by utilizing: • A multi jurisdictional approach • Innovative intelligence-led investigative techniques • Agency collaboration and information sharing • Data collection and analysis • Community education and involvement • Prosecutorial partnership within the judicial districts Participation: BATTLE is a part-time initiative designed to facilitate complex vehicle crime investigations. It is not intended to be a full-time task force, requiring assignment of 1 personnel. BATTLE will be activated when a member agency has a multi jurisdictional auto theft investigation and requires additional personnel to properly investigate the case. Agencies requesting activation of BATTLE must be able to assign a minimum of one investigator or detective to participate in BATTLE operations. That investigator or detective will serve as case agent for the operation. The requesting agency may provide a co-supervisor for the operation for the purpose of operational plan review and field supervision during search and arrest warrant execution within that jurisdiction. Agency heads or designees are invited to quarterly briefings from the Project Director. Such briefings will also serve as a forum to address any issues of mutual concern to the participating agencies. Composition: BATTLE will consist of a combined law enforcement body from the participating agencies with the Colorado State Patrol as the lead agency. In addition, any additional participating agency that subsequently agrees to the terms of this MOU will support BATTLE. Each participating agency agrees to provide personnel to allow BATTLE to accomplish its mission. Specific control of BATTLE members shall be retained by the respective parent agency heads or designee, who will be kept informed of all investigative developments by their respective subordinates. The Colorado State Patrol is the lead agency in BATTLE. The Captain of the Colorado State Patrol's Investigative Service Section will act as the BATTLE Project Director and Commander of BATTLE. The Colorado State Patrol will assign a Chief Financial Officer for BATTLE. The primary BATTLE supervisor will be the CSP Sergeant or other designated officer as assigned by the Colorado State Patrol to supervise BATTLE operations. Liability: Each participating agency acknowledges that applicable Colorado State laws govern liability for its employees while they are participating as a member of BATTLE. Liability for individual BATTLE members is the sole responsibility of each of the participating agencies or employees and none of the agencies or employees waives the benefits or obligations of the Colorado Governmental Immunity Act C.R.S. 24-10-101. Liability shall not be the responsibility of BATTLE. Participating agencies and individual BATTLE members agree they will not be responsible or liable for acts performed by personnel of other member agencies while performing BATTLE activities. Each participating agency will be provided with a copy of the Operational Guidelines for BATTLE. Each BATTLE member will be required to follow the rules and regulations of their parent agencies unless BATTLE guidelines are stricter. 2 Each participating member remains an employee of their parent agency and each agency is responsible for salary, worker's compensation, and other benefits afforded their agency members. Salary/Overtime: The Colorado State Patrol will issue purchase orders that authorize the reimbursement of overtime incurred in furtherance of BATTLE objectives as outlined in the BATTLE Operational Guidelines. Assignment of Cases: All cases assigned or developed will be jointly investigated by BATTLE. The development of operational teams within BATTLE may be necessary to effectively accomplish the mission. Such teams will consist of a BATTLE member from the requesting agency and a Colorado State Patrol investigator and any additional detectives or investigators as needed. The parties agree to work within the multi jurisdictional spirit of the Colorado Auto Theft Prevention Authority (CATPA) legislation. All law enforcement actions will be coordinated and cooperatively carried out. Use of Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) Watch Center is mandatory for BATTLE operations to avoid conflicts with another agency or task force operation. Records: All BATTLE investigative records will be maintained in a secure location by the initiating agency who is the custodian of record. Copies of all documents generated by BATTLE with respect to an investigation shall be provided to the Project Director or his/her designee unless prohibited by that agency's regulations and/or applicable State or Federal law. Classified information and/or documents containing information that identifies or tends to identify a BATTLE informant shall be maintained by the initiating agency in accordance with that agency's policies regarding intelligence and confidential informant handling. Prosecutions: The detective, supervisor, appropriate district attorney, and the Colorado Attorney General's Office liaison will make a determination, on a case-by-case basis, whether the filing of a specific BATTLE investigation should be filed with the local district attorney or the State Attorney General's Office. The determination will be made at the earliest possible time based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of BATTLE. Incidents involving Team Members: Should a BATTLE member be involved in a "critical incident" (deadly force encounter) relating to and in the scope of BATTLE duties, established critical incident teams will be 3 utilized. Investigation of critical incidents that occur in areas without a critical incident team will be investigated by the agency having jurisdiction. Investigative assistance may be requested from the Colorado Bureau of Investigation as needed. The agency of the member involved in the incident will be responsible for conducting their own internal investigation. Should BATTLE members from more than one agency become involved in an incident, participating agencies in this MOU agree to conduct independent investigations unless it is cooperatively determined by the appropriate supervisor(s) that a joint investigation would be in the best interest of the agencies involved. However, if the agencies involved in an incident agree to conduct their own investigation, each agency agrees it will conduct its respective investigation in a manner that doesn't interfere with or hamper the investigation(s) of any other agency(s). The primary BATTLE supervisor will notify the parent agency supervisor in any instance of a complaint against a BATTLE member arising from BATTLE duties. The parent agency is solely responsible for administrative investigations and complaint resolution for their employee and any disciplinary or corrective action will be the prerogative of the member's agency. Investigative Methods: The majority of BATTLE cases will be prosecuted at the State level. Therefore, BATTLE participants agree to conform to State standards concerning the collection, processing, and storage of evidence and electronic surveillance. In addition, the use of other investigative methods (i.e. search warrants and intercepts of oral communication) and reporting procedures in connection therewith will be consistent with the policies and procedures of the State of Colorado and each participating agency. Evidence will be maintained and processed by the initiating agency under that agency's established guidelines. Undercover Operations: All BATTLE operations will be conducted and reviewed in accordance with BATTLE Operational Guidelines and applicable State and Federal laws. Auto theft criminality knows no jurisdictional boundaries. BATTLE members will support each other's jurisdictional boundaries. When an ongoing investigation crosses jurisdictional boundaries, the initiating BATTLE member or BATTLE supervisor will communicate with a task force officer or other responsible member of the home agency to share information and intelligence, as well as work jointly to complete the investigation if warranted. Informants: Informant handling and documentation will be conducted in accordance with the initiating agency's policy. Informants will need to be registered with BATTLE and obtain a BATTLE number for tracking purposes. 4 No documents will be prepared or disseminated outside BATTLE that would identify or tend to identify an informant. When possible, the informant will be referred to by a code name or number so as not to reveal his/her identity. If any information on a confidential informant (CI) becomes the subject of a discovery motion or court order in any State, Federal or Local proceeding, all participating agencies agree that they will notify each other prior to disclosure. Each agency will attempt to protect the interest of the other participating agencies in addition to its own interests and those of the CI. Each agency's designated supervisor for CIs will oversee all aspects of informant development, control and management in furtherance of BATTLE investigations. Vehicles: All participating agencies agree to supply their members with a vehicle for use by their employee. Vehicles will only be driven by members of the parent agency, except in an emergency. The participating agency shall be responsible for expenses related to the operation and repair of that agency's vehicle. Property: Property and equipment of BATTLE will be properly maintained and cared for by BATTLE members. Any equipment on loan to BATTLE by a participating agency that is damaged while in use during a BATTLE operation will be repaired or replaced at BATTLE expense. Media Relations: The Project Director or his/her designee has the responsibility to coordinate the release of information to the news media and to the public through the Public Information Officer of the involved jurisdiction and the Colorado State Patrol Public Affairs Section. Media inquiries made to individual participating agencies shall be referred to the Project Director. At major crime scenes or following major incidents, the Project Director or designee will coordinate with the Public Information Officer of the jurisdiction(s) involved to ensure appropriate and accurate news releases are made. The Project Director or designee will ensure that each member agency receives equal public recognition for publicized BATTLE operations. Duration: The term of this MOU is for the duration of BATTLE's operation. Any participating agency may withdraw from BATTLE at any time by written notification to the Project Director at least 30 days prior to withdrawal. Upon termination of the MOU, all equipment provided to a participating by BATTLE will be returned to BATTLE. Modification: This agreement may be modified at any time by written consent of all participating agencies through the Project Director. Modifications to this MOU shall have no force and 5 effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. Forfeitures: The processing of seized assets for forfeiture obtained during BATTLE operations will be the responsibility of the agency filing the criminal case. Asset forfeitures will be conducted in accordance with rules and regulations set forth by the Federal government and/or the State of Colorado and BATTLE Operational Guidelines. Participating agencies agree to recommend that any recoverable forfeiture, attributable to a BATTLE investigation, may be transferred to the Colorado Auto Theft Prevention Authority under the guidelines established in C.R.S. 42-5-112 (4)(a), and in compliance with the Colorado Civil Forfeiture Statute, C.R.S. 16-13-311 et seq. Specific Requirements: Participating agencies will send at least one representative to the Kick-off Meeting and each quarterly briefing scheduled during the Task Force operational period. Participating agencies will provide the Lead Agency (regional coordinator) or the Project Director, if no Lead Agency is assigned, with information for their point of contact person. If the participating agency's point of contact changes, that agency will provide new point of contact information to the Lead Agency or the Project Director, if no Lead Agency is assigned, within two weeks of the change. Lead Agencies will then make notice of the change to the Project Director. Participating agencies will be provided an electronic, monthly reporting template to capture BATTLE-related statistics. Participating agencies will provide the Lead Agency or the Project Director, if no Lead Agency is assigned, with a completed monthly report, via email, by the 15th day of the month following the reporting month. A total of twelve (12) monthly reports shall be provided to the Lead Agency in this manner during the grant period. Lead Agencies will then forward each monthly report to the Project Director. Organization: The Project Director will assure that BATTLE has the equipment, training and support necessary to carry out its mission. The Project Director will be the authorized signer for issues related to the BATTLE organization and operation. The primary BATTLE Supervisor (CSP Sergeant) will have field supervisory responsibility of all team members during BATTLE activities and will ensure that BATTLE Operational Guidelines are followed. The Colorado Attorney General's Office will serve as legal advisor to BATTLE. 6 Participating Agency signature(s) By signing this Memorandum of Understanding your agency agrees to conditions set forth in the memorandum and the Operational Guidelines for the Beat Auto Theft Through Law Enforcement Team. Agency- Pueblo Police Department Date- o / /o / 2017 Please print Agency Name Name- _ Authorize ignature ill‘a) Attested by: •. AA-r• }L City Clerk diftie., Colonel cott G. Hernandez Chief-Colorado State Patrol 7