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HomeMy WebLinkAbout08139ORDINANCE NO. 8139 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT, RELATING TO THE PROJECT SAFE NEIGHBORHOOD TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Pueblo, a Municipal Corporation, on behalf of the Police Department, relating to Project Safe Neighborhood Task Force, 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 and directed to execute the Memorandum of Understanding for and on behalf of Pueblo, a Municipal Corporation, and the City Clerk to attest same. INTRODUCED: January 25, 2010 BY: Vera Ortegon COUNCILPERSON APPROVED: FtE510ENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK PASSED AND APPROVED: February 8. 2010 M " e Background Paper for Proposed ORDINANCE AGENDA ITEM # R -3 DATE: JANUARY 25, 2010 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, ON BEHALF OF THE POLICE DEPARTMENT, RELATING TO THE PROJECT SAFE NEIGHBORHOOD TASK FORCE ISSUE Should City Council approve a memorandum of Understanding with ATF to create a Project Safe neighborhood Task Force? RECOMMENDATION The department recommends approval of this resolution. BACKGROUND This Ordinance would approve an agreement with ATF establishing a joint task force and for coordination between the Police Department and ATF to investigate and respond to violent offenders, career criminals, gang offenders and firearms violations. Under the MOU, the City will assign two police officers to the task force and furnish facilities for its operation. These costs will be paid by City under the Police Department's existing budget. The ATF will also dedicate such facilities and manpower to the task force as it deems appropriate. The duties of the City officers, assigned to the task force, are outlined in the MOU. FINANCIAL IMPACT There should be no additional cost to the City of Pueblo, as the ATF, subject to availability of appropriated funds, will pay for the cost of officer overtime. The reimbursement has been agreed to under a separate MOU previously approved by Council by Ordinance No. 7767. U.S. Department of Justice MEMORANDUM OF UNDERSTANDING Between Bureau of Alcohol, Tobacco, Firearms & Explosives And The City of Pueblo, a Municipal Corporation On Behalf of its Police Department For A Project Safe Neighborhood Task Force E This Memorandum of Understanding (MOU) is entered into by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the City of Pueblo, a Municipal Corporation on behalf of its Police Department for the purpose of establishing a joint Project Safe Neighborhood (PSN) Initiative. I. AUTHORITIES Authority for the ATF to enter into this agreement can be found at 28 U.S.C. 599A, 28 C.F.R. 0.130 & 0.131 and applicable United States Attorney General Guidelines. II. PURPOSE PSN is a nationwide commitment with a comprehensive and strategic plan aimed at reducing gun crimes and violence in America. It is driven by linking together federal, state, and local law enforcement, prosecutors, and community leaders through a multifaceted approach to deter and punish gun crime. PSN links existing local programs together and provides them with necessary tools to investigate and prosecute gun criminals. It further takes a hard line against gun criminals, using every available means to create safer neighborhoods. It seeks to achieve heightened coordination among federal, state, and local law enforcement; with emphasis on tactical intelligence gathering, more aggressive prosecutions, and enhanced accountability through performance measures. FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice The Pueblo, Colorado area has experienced an increase in the number of violent crimes reported, to include murder, robbery, aggravated assault, and armed drug trafficking, all of which are staple offenses committed by armed career criminals, violent street gangs and organized criminal groups. In developing a unified approach, the ATF Denver Field Division is seeking to enter into a joint collaboration, pooling our respective resources and expertise to enhance our abilities to reduce armed violent crimes in an effort to safeguard the country's most vital asset, the citizens that we all so proudly service. This will generally be accomplished through the following. A. The establishment and delineation of the mission of the task force as a joint cooperative effort. It is the desire of the participating agencies to achieve maximum interagency cooperation in a combined law enforcement effort aimed at reducing violent crimes committed within the City of Pueblo. B. The intensive enforcement of all laws likely to reveal criminal violations committed by violent gang offenders, criminal enterprises, armed career criminals, and the prolific and very dangerous group of criminals who use firearms, acts of violence, or trafficking in illegal drugs in furtherance of their cause or enterprise. C. Active and aggressive investigation of all sources of firearms and narcotics to criminal elements associated with violent gangs. D. Intense intelligence gathering on violent offenders, their associates and their organizations, and the formalization of an intelligence based strategy to disrupt and dismantle violent street gangs. E. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties to this MOU, the United States, or the officers, employees, agents or other associated personnel. III. MISSION A. The mission of the task force is to focus on the reduction of violent crimes in the City of Pueblo. This mission will be generally accomplished through FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice the maximum effort of investigation, arrest, detention, enhanced prosecution, and forfeiture of assets of criminally active violent offenders. Specifically, efforts will focus on violent street gangs, felons in possession of firearms, armed career criminals, armed robberies (Hobbs Act Violations), murder- for -hire, thefts of firearms from both federal firearm licensees and private citizens, and any related violations under Colorado criminal statutes. This endeavor will be enhanced by targeting violent crime problems through the teaming of federal, state, and local law enforcement officers and prosecutors to conduct short and mid -term, proactive and intelligence driven investigations. IV. GOALS Intensive investigations, arrest, detention and enhanced prosecution of criminally active violent offenders, with focus on disrupting and dismantling violent gangs, in an effort to reduce crimes of violence. This will be accomplished by conducting short and mid -term, reactive and proactive intelligence driven investigations utilizing the latest strategies and investigative techniques. V. COMPOSITION A. The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the City of Pueblo, a Municipal Corporation on behalf of its Police Department have partnered in this endeavor as a joint law enforcement effort to combat violent crimes. B. In the initial composition, the ATF and the City of Pueblo will bridge a partnership in order to achieve task force goals. C. All participants in the task force acknowledge that this endeavor is a joint operation with all agencies acting as partners and no one agency acting unilaterally. D. In its initial composition, the task force will be composed of ATF Agents and two fulltime Task Force Officers (TFO) from the City of Pueblo Police 3 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice 7. Will report to a Task Force Supervisor any incident, accident, or conduct by the task force agent/officer, that might reflect unfavorably upon any party to this agreement. VII. RESPONSIBILITIES A. Duties of the Task Force 1. To conduct covert and overt investigations on individuals and organizations engaged in violent criminal activity with emphasis on violent street gangs. 2. Direct investigative efforts in a manner to maximize the effectiveness of federal /state law enforcement resources by focusing on those offenses relating to violent crimes and violent street gangs. 3. To establish liaison with the respective State and Federal Prosecutors for legal advice and direction regarding various task force investigations. 4. To develop and maintain intelligence on criminal organizations within the area of responsibility of the task force. 5. To develop liaison with local, state and federal law enforcement agencies to better coordinate investigations in the collection, analysis, and dissemination of information related to those cases. B. Duties of the ATF 1. Provide trained ATF Special Agents to the task force, as needed. 2. As available, provide funds to be utilized for the purchase of evidence, investigative expenses and confidential informant expenses and /or informant services. 6 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice 3. Provide facilities /equipment/services /manpower as ATF deems appropriate and in concert with the state and local law enforcement partners. VIII. ENFORCEMENT STRATEGIES Enforcement strategies, including but not limited to undercover operations, informant usage, surveillance operations, technical operations and tactical operations will be conducted under the policies and procedures of the ATF. IX. COLLABORATION Collaboration and coordination are indispensable ingredients in any violence reduction strategy. Pursuing active violent offenders in a coordinated manner will create a strategic, focused and more effective area wide violence reduction program. A. Task force investigative activity will be conducted jointly with no member acting unilaterally or without the concurrence of the Task Force Supervisor. B. Task Force investigations will be closely coordinated with those agencies identified as having a jurisdictional interest in the case. C. Participating agencies agree to minimize assignments given to their full - time representatives, which would divert their attention from the task force mission. However, the task force will not interfere with any required attendance at department functions such as range or mandatory in service training. D. All members of the task force must maintain a satisfactory level of performance. Failure to maintain a satisfactory level of performance in the administration of his or her task for duties may subject the member to be transferred back to their respective agency. E. The Task Force Supervisor will provide, upon request, input regarding the performance of the assigned task force members. 7 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice F. Compliance with the task force policy and procedures does not relieve task force officers from the requirement to adhere to their respective agency policies and procedures. X. OPERATIONAL PROCEDURES A. Assignment of Investigative Matters 1. Cases will be assigned by the Task Force Supervisor to investigative team members based on their experience, training, performance, expertise, jurisdiction, and existing case loads. Participating task force members are also expected to develop investigative leads and intelligence sources within the scope of the task force operation. 2. All task force investigations will be initiated in accordance with applicable ATF rules and regulations. All task force investigative methods will conform to state and federal statutory requirements. Any case adopted by the federal system will conform to applicable federal guidelines. B. Undercover Operations 1. All task force undercover operations will be conducted and reviewed in accordance with ATF guidelines and the Attorney General's Guidelines on ATF undercover operations. C. Investigative Reporting Procedures 1. Task force investigative records and reports will be prepared on ATF forms utilizing ATF case numbers. All original investigative reports will be maintained by the ATF supervising office. This will be applicable to ATF Agents and full -time deputized Task Force Officers who have obtained the appropriate clearances and database access. Otherwise, case specific supporting agencies may complete reports and records on the respective supporting 8 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice agency documents, which will be maintained by the supporting agency and copies forwarded to the ATF for inclusion in the investigative case file. To ensure record accountability, the ATF will also maintain a computer based case management system. 2. The Task Force Supervisor will be responsible for coordinating the written work of the task force. 3. For the purpose of uniformity, there will be no duplication of investigative reports but rather a single report prepared by a designated individual, which can then be duplicated as necessary. 4. To ensure compliance with applicable federal and state law all records prepared and produced by the task force shall remain the property of the ATF, unless written on supporting agency documents, and may not be released or distributed to third parties without prior written consent of the ATF. Release of supporting agency documents related to task force investigations should be coordinated with the Task Force Supervisor to ensure operational security. 5. Because disclosure of information to outside parties concerning joint investigations my violate state and federal law, and jeopardize the safety of confidential witnesses and law enforcement officers, all participants agree that any personnel who are assigned to the task force shall not disseminate any information relating to or derived from a task force investigation to any person other than appropriate prosecutors or other local, state or federal law enforcement officers who are assigned or assisting the investigation without prior authorization from the Task Force Supervisor. Any disclosure must be in accordance with Federal Law. 9 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice D. Investigative Cooperation 1. As de- confliction is always of great concern in matters of multi - agency or multi -unit interest, it is agreed that matters designated to be handled by operational elements of the City of Pueblo Police Department will not knowingly be subject to Task Force law enforcement efforts unless, and until the Task Force supervisor consults and coordinates with appropriate Police Department personnel, particularly those assigned to gang enforcement activities and narcotics investigations, and concurrence is reached regarding case assignment and specific or unique operational objectives. It is further agreed that once a matter is designated as handled by the task force, it will not knowingly be subject to non -task force law enforcement efforts. Recognizing the number of specialized entities within each member agency, it is incumbent upon each agency to make proper internal notification regarding task force existence, including its areas of concern. 2. It is also agreed that there shall be no unilateral action taken on the part of any participating agency relating to the task force investigations. All law enforcement action will be coordinated and conducted in a cooperative manner. E. Informants ATF guidelines will apply to the operation of informants /cooperating witnesses directed by the members of the task force. Subject to the availability of funding, and with appropriate ATF approval, the ATF agrees to pay any reasonable and necessary informant/cooperating witness expenses incurred while operating on behalf of the task force. 10 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice 2. Confidentiality of informants and cooperating witnesses will be maintained in accordance with ATF polices and procedures and federal guidelines. 3. Non ATF task force members may not make any further disclosure of the identity of an ATF informant. No documents that identify, tend to identify or may indirectly identify an ATF informant may be released without prior approval by the ATF. 4. The United States Attorney General's guidelines and ATF policy and procedure for operating ATF informants and cooperating witnesses (CW) shall apply to all ATF informants and CW's opened and operated in furtherance of task force investigations. Documentation of, and any payments made to, ATF informants and CW's shall be in accordance with ATF policy and procedures. F. Use of Deadly Force and Shooting Incident Procedures 1. Members of the task force will follow ATF's policy concerning firearms discharged and use of deadly force. In the instance of an incident involving a supporting agency Task Force Officer, the ATF will also make appropriate notification through the respective bureau channels to ensure that policy requirements are met. G. Prosecution 1. The criteria for determining whether to prosecute a particular violation in State or Federal Courts will focus upon achieving the greatest overall benefit to law enforcement and the public. Any question which arises pertaining to jurisdiction will be resolved only after the issue is discussed with members of all investigative agencies having an interest in the matter, and discussion with the United States Attorney's Office and/or the appropriate District Attorney. 11 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice 2. The decision whether to utilize State or Federal search warrants during the course of a task force investigation will be coordinated with the United States Attorney's Office and the appropriate State Prosecutor. H. Media All media releases and press conferences regarding task force matters will be mutually agreed upon and coordinated jointly within each respective agency's guidelines. Accomplishments of the task force will be reported as a joint endeavor by the ATF, the Pueblo Police Department, the United States Attorney's Office, appropriate District Attorney's Office, and other participating agencies. I. Asset Forfeitures & Seized Property 1. All assets seized for criminal and administrative forfeitures shall be forfeited and distributed subject to Federal laws and regulations along with U.S. Department of Justice asset forfeiture policy. 2. Such distribution shall be in equal amounts based on equitable sharing agreements of the heads of the participating agencies. If the agency heads cannot agree to equitable sharing, ATF will be the final arbitrator of property distribution. J. Operational Problems /Considerations 1. Operational problems encountered will be addressed and resolved by the Task Force Supervisor and the designated agency representative. 2. It is agreed, however, that resolution of operational problems at the lowest level possible will be optimal. 3. The local authority in whose jurisdiction the task force is operating shall be notified when possible and, when appropriate, shall 12 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice participate in the operation. This provision may be waived if exigent circumstances do not permit notification and /or participation, or if the Task Force Supervisor believes an unusual circumstance make the notification or participation unwise. XI. ALLOCATION OF RESOURCES A. Office Space All ATF Agents and ATF Task Force Officers will be co- located within the Pueblo Police Department building, 200 South Main Street, Pueblo, CO or within an off -site facility located within the City of Pueblo, CO, such as is the case at this time. B. Vehicles 1. If requested, ATF may authorize members of the task force to use vehicles owned or leased by the ATF when necessary in connection with task force surveillance, case management and investigations. 2. When authorized, participating agency personnel using ATF vehicles agree to operate the vehicles in accordance with all applicable ATF rules and regulations, which will be provided. 3. ATF vehicles, including government- owned, rented, and leased vehicles, are to be used for official business only. 4. The participating agencies agree the ATF vehicle will not be used to transport passengers unrelated to task force business. 5. A separate vehicle use agreement will be executed by the task force member and agency. 13 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice C. Overtime Reimbursement The ATF may reimburse overtime costs for task force members for the performance of their task force duties. The maximum reimbursement for each agency and the procedures to be followed for claiming overtime will be set under a separate memorandum of understanding agreement. D. Federal Deputation ATF may sponsor non - federally assigned task force officers for federal deputation. As required by ATF security policies, officers from participating agencies may be subject to a comprehensive background investigation and may be required to receive a secret or above clearance prior to deputation. Upon completion of the ATF background investigative process, sponsorship request will be forward to the United States Marshal Service for U.S. Federal Law Enforcement Deputation. This will authorize ATF Task Force Officer federal law enforcement arrest powers over violations under Title 18 of the United States Criminal Code. XII. LIABILITY Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States for ATF employees is determined by DOJ on a case by case basis. The task force cannot guarantee the United States will provide legal representation to any ATF employee. ATF is a component of the United States Department of Justice, and as such, is a self- insured entity supported by the United States Government. Under the Federal Tort Claims Act, Title 28 U.S.0 section 1346 et.seq., the U.S. Government accepts liability for the damages caused by the negligent or wrongful acts or omissions while acting within the scope of his or her office or employment. 14 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice A state or local law enforcement officer who has been deputized as a United States Marshal under the terms of this MOU may be considered an "employee" of the United States Government if the U.S. Department of Justice certifies that the individual defendant acted with the scope of his or her employment at the time of the incident giving the rise to the suit. The United States can then be substituted for the employee as the sole defendant with respect to any tort claims, and the individual employee is thereby protected from suits in his or her official capacity. 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. Liability for violations of Federal Constitutional Law rest with the individual state or local officer under 42 U.S.C. section 1983. Agents or officers may request representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment and under the terms of this MOU. The determination to grant representation shall be made by the U.S. Department of Justice in accordance with 28 C.F.R. section 50.15. All requests for representation must be coordinated through ATF's Office of Chief Counsel. If an agent or officer is found liable for a constitutional tort, he or she may request indemnification from the U.S. Department of Justice pursuant to 28 C.F.R. section 50.15, to satisfy the adverse judgment rendered against him or her. XIII. DURATION OF THIS MEMORANDUM OF UNDERSTANDING This MOU is effective with the signatures of all parties and shall remain in effect until terminated as specified hereafter. Continuation of this MOU shall be subject to the availability of necessary resources. This MOU may be modified at any time by written consent of all parties. This MOU may be terminated at any time by providing a written notice of intent to withdraw. 15 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF U.S. Department of Justice In witness whereof, the parties have hereunto executed this memorandum of understanding. Richard E. Chase Special Agent in Charge ATF- Denver Field Division City of Pueblo, a Municipal Corporation tritsr.,:� LS ' 2/8/10 President of the City Council Date Attest: 2/8/10 City rk Date Approved as to Form: J mes W. Billings, Jr. If U C hief of Police U City of Pueblo Police Department �U Date 16 FOR OFFICIAL USE ONLY Neither it nor its content my be released without authorization by the ATF