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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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