AGENDA
ITEM
18 AGENDA
CALEXICO California ITEM
18 CITY COUNCIL
AGENDA STAFF REPORT
DATE: November 6, 2024
TO: Honorable Mayor and City Council
APPROVED BY: Juan Contrerras, Acting City Manager se
PREPARED BY: Armando Orozco, Police Chief AO
SUBJECT: Approval of the Memorandum of Understanding (MOU) between the City of Calexico and the United States Border Patrol (USBP) to reestablish the Calexico Investigations Team and Approval of Resolution No. 2024-_
Recommendation:
Approval of the Memorandum of Understanding (MOU) between the City of Calexico and the United States Border Patrol (USBP) to reestablish the Calexico Investigations Team and approval of resolution No. 2024_ . This collaboration will enhance law enforcement efforts to address criminal activities affecting the City of Calexico and Imperial County.
Background:
The Calexico Police Department (CPD) and the United States Border Patrol (USBP) seek to formalize a partnership through an MOU aimed at reestablishing the Calexico Investigations Team. This initiative is designed to leverage combined resources and expertise to improve public safety and address criminal activities more effectively.
Key Provisions of the MOU:
City of Calexico City Council Meeting
MOU between the City of Calexico and the United States Border Patrol to reestablish the CIT.- November 6, 2024. Page 1 of 3 CPD Obligations:
Fund the California Penal Code Section 832 Law of Arrest Course for full-time USBP agents assigned to the Task Force.
Grant written consent for designated USBP personnel to exercise peace officer powers in California while involved in Task Force activities.
Provide office space, communications equipment, and other necessary resources to support the Task Force.
Directly supervise Task Force members during their duties.
USBP Obligations:
Certify that designated USBP agents meet the California Penal Code Section 832 training requirements.
Maintain supervision of USBP agents per USBP policies.
Provide vehicles, fuel, weapons, and safety equipment for USBP agents.
Assign a minimum of two full-time USBP agents to the Task Force for two years, with an option for extension.
Joint Obligations:
Collaborate on strategic planning and ensure timely communication regarding staff performance.
No financial compensation or remuneration is required between CPD and USBP beyond the stipulated terms.
Adhere to all relevant federal, state, and local laws, including SB 54 (De Leon).
Ensure compliance with California laws governing peace officers' conduct and avoid using CPD resources to violate laws, including immigration matters.
Fiscal Impact:
There is no anticipated fiscal impact on the City of Calexico beyond the provision of training funds and operational support as detailed in the MOU.
City of Calexico City Council Meeting
MOU between the City of Calexico and the United States Border Patrol to reestablish the CIT.- November 6, 2024. Page 2 of 3 Conclusion:
The proposed MOU with USBP will strengthen law enforcement capabilities in Calexico and Imperial County by reestablishing the Calexico Investigations Team. This partnership aligns with our strategic goals to enhance public safety through collaborative efforts.
COORDINATED WITH:
City Manager's Office
City Attorney's Office
ATTACHMENTS
Attachment A - Memorandum of Understanding between the City of Calexico and the United States Border Patrol
Attachment B - Calexico Investigations Team Guidelines
Attachment C - Resolution No. 2024-
City of Calexico City Council Meeting
MOU between the City of Calexico and the United States Border Patrol to reestablish the CIT.- November 6, 2024. Page 3 of 3
ATTACHMENT - A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE UNITED STATES BORDER PATROL, EL CENTRO SECTOR
AND
THE CITY OF CALEXICO, CALIFORNIA
(Calexico Investigations Team)
This Memorandum of Understanding ("MOU"), is made and entered into this 30th day of September, 2024, by and between the CITY OF CALEXICO a political subdivision of the County of Imperial, State of California, by and through its Calexico Police Department (CPD), (CALEXICO) and UNITED STATES BORDER PATROL, EL CENTRO SECTOR ("USBP") (individually, "Party;" collectively, "Parties").
RECITALS
WHEREAS California Penal Code Section 830.8(a) provides that federal criminal investigator and law enforcement officers are not California peace officers, but may exercise the powers of arrest of a California peace officer in specified circumstances, including when requested by a California law enforcement agency to be involved in a joint task force or criminal investigation; and WHEREAS California Penal Code Section 830.8(a) provides that federal criminal investigator and federal law enforcement officer, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfied the training requirements of California Penal Code Section 832, or the equivalent thereof; and
WHEREAS CPD and USBP hereby mutually agree to their cooperation and collaborate through the Calexico Investigations Unit ("Task Force") toward proactively coordinating available resources and Intelligence to strategically identify and investigate criminal activities that directly affect the City of Calexico and other communities in Imperial County.
NOW THEREFORE, in consideration of their mutual covenants, the Calexico Police Department and United States Border Patrol have and hereby agree to the following:
A. CPD's OBLIGATIONS:
CPD agrees to provide USBP with the following:
I. Pay for the California Penal Code Section 832 Law of Arrest Course for the full] time USBP Agents) assigned by the pal lies to the Task Force.
2. Pursuant to Penal Code Section 832) once qualified} CPD will grant written consent to the designation of certain USBP personnel assigned full time or part time to the Task Force to exercise the powers of a peace officer to enforce laws of the State of California and ordinances of the City of Calexico while involved in Task Force or criminal investigation.
3. CPD will provide office space, communications equipment, and any other equipment needed to support the mission of the Task Force. The mission, purpose, and operational parameters of the Task Force are set forth in the Calexico Investigations Team's guidelines (Task Force Guidelines) which is attached hereto and incorporated by reference as Exhibit A."
4. CPD will provide direct supervision for individuals assigned to the Task Force while these individuals are engaged in Task Force duties and related criminal investigations.
B. USBP's OBLIGATIONS:
USBP agrees to provide CPD with the following:
1. Once qualified pursuant to California Penal Code 832, USBP will issue written certification that the designated USBP agents) assigned to the Task Force have satisfied the training requirements of the California Pena] Code Section 832, or the equivalent thereof.
2. USBP Agents) shall abide by USBP policies and procedures, and supervision of the USBP Agents) will remain the responsibility of the USBP.
3. USBP shall provide vehicles), fuel, weapons, and safety equipment for the assigned USBP Agents).
4. A minimum of two (2) USBP full-time agents will be assigned to the Task Force for a two (2) year period, with an option to request an extension not to exceed a period ofone (1) year.
S. Part-time USBP agent{s) who meet the training requirements of the California Penal Code Section 832 may be assigned for a specified period as approved by both parties.
CPD & USBP's JOINT OBLIGATIONS:
C.
All Parties agree to the following terms:
1. CPD and USBP will collaborate to ensure that ongoing strategic planning meetings are occurring and CPD is being provided with timely information regarding USBP staff performance.
2. This MOU does not create an employment, tenancy or agency relationship between the Parties or any of their officers, employees, volunteers, agents or contractors.
3. Except for the California Penal Code Section 832 Laws of Arrest Course, CPD shall not be responsible to pay USBP any payments, compensation, expenses, fees, or other remuneration.
4. USBP shall not be responsible to pay CPD any payments, compensation, expenses, fees, or other remuneration.
5. The Parties agree that the United States is self-insured and, thus, does not carry liability insurance. The USBP will be liable to the extent provided by the Federal Tort Claims Act, as amended, 28 U.S.C. § 2671 et seq., for money damages for injury or loss of personal injury or death caused by the negligent act or omission of an employee of the agency while acting within the scope of his or her employment. The USBP will consider and decide any other claims that may arise out of this MOU in accordance with applicable federal law.
6. The Parties agree to adhere to all applicable federal, state, and local Jaws, including but not limited to SB 54 (De Leon).
The parties understand and agree that all peace officers, and individuals authorized with the powers of arrest of a peace officer, in the State of California, remain subject to California law governing conduct of peace officers and the policies of the employing agency.
The Parties understand and agree that CPD moneys or personnel shall not be used to violate any law, including but not limited to, the use of immigration authorities as interpreters for law enforcement matters relating to individuals in agency or department custody.
GENERAL TERMS:
1. This MOU is not in effect nor enforceable until signed by both Parties.
2. This MOU may be amended or modified only by written mutual consent of both parties.
3. This MOU is subject to termination, without cause, by either CPD or USBP upon thirty (30) days prior written notice.
E. NOTICES:
Any notice required to be given under this MOU shall be in writing and will be served by United States Postal mail or personal service upon the other Party. Notice shall be deemed to have been delivered only upon receipt by the Party, five (5) days after deposit in the United States Postal Services, postage prepaid, addressed to the Party to whom such notice is to be given as hereinafter provided.
Calexico Police Department United States Border Patrol
ATTN:
ATTN:
420E. 5th St.
Calexico, CA 92231 El Centro Sector Headquarters
211 W. Aten Road
(760) 768-2140 Imperial, CA. 92251
(760) 335-5809
F. BINDING:
This MOU shall be binding upon and shall inure to the benefit of the heirs, successors, and assignees of the Parties here to.
G. WAIVER:
No waiver of any breach or of any of the covenants or conditions of this MOU shall be constructed to be a waiver of any other breach or to be consent to any further or succeeding breach of the same or any other covenant or condition.
H. CHOICE OFLAW:
This MOU shall be governed by the laws of the United States of America and the State of California, if applicable. This MOU is made and entered in Imperial County, California. Any action brought by any Party with respect to this MOU shall be brought in a court of competent jurisdiction within said County.
I. PARTIAL INVALIDITY:
If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
J. ENTIRE AGREEMENT:
This MOU constitutes the sole and complete agreement between the Parties. Any and all prior agreements, understandings or statements are null and void.
K. COUNTERPARTS:
This MOU may be executed in counterparts.
L. EXECUTION OF AGREEMENT
Executed it the City of Calexico, California, on the day and year first above written.
CITY OF CALEXICO: UNITED STATES BORDER PATROL:
By:_
., Mayor
Calexico City Council
Chief Patrol Agent El Centro Sector Headquarters
ATTEST: APPROVED:
By:_
... City Clerk, By:
City of Calexico Calexico City Attorney
ATTACHMENT - B
Exhibit "A"
CALEXICO INVESTIGATIONS TEAM (CIT) - TASK FORCE GUIDELINESS Mission:
Proactively coordinate resources and intelligence to strategically identify and investigate violent crimes and criminal activity that directly affect the City of Calexico and communities within Imperial County.
Vision:
We are a collaborative, multi-jurisdictional and multidisciplinary effort, leveraging the strengths and capabilities of our partner agencies to advance our mission. Through integration of operations we gather, develop and take action on intelligence to abate and disrupt the activities of local Criminal Organizations and Individual Criminals who commit violent crimes. Investigations are conducted utilizing all available intelligence sources, including but not limited to, law enforcement agencies, informants, databases, technology, and sophisticated investigative techniques our team develops and maintains relationships with Local, State and Federal partners with an ultimate objective of reducing crime and violence in the City of Calexico/Imperial County with the purpose of improving living conditions in our communities.
Purpose:
The development of a multi-agency unit has been initiated to enhance criminal investigation efforts in response to an increase of homicides and other felonious criminal activity in the City of Calexico. The Calexico Police Department (CPD) has initiated the Calexico Investigations Team (CIT) to disrupt, dismantle, and defeat organized crime which has a tendency to operate with cross border criminal organizations with a span of control starting at the international border and expanding throughout Imperial County.
Background:
The mission of this program pertains to addressing violence and criminal activity which has become the by- product of criminal organizations/individuals who are engaged in cross border illegal activities. This activity has been on the rise in the City of Calexico as well as other cities within Imperial County. The CPD issued a formal invitation to the United States Border Patrol to participate in the program.
Strategy:
The CIT will support the Border Security Integration Initiative and the Border Security Doctrine, both of which are committed to the leveraging of resources, intelligence, legal authorities, and enforcement capabilities of federal, state, and local law enforcement agencies, as well as the Government of Mexico, against common threats.
The law enforcement effort will abate high threat target organizations/individuals as opposed to an approach of solely attacking criminal activity. The effort will have an interdiction component and local impact approach. Tactics will include targeted and focused enforcement, prosecution, intelligence integration, and operational discipline.
Federal Agents assigned to the CIT will be appointed to conduct State Authority Investigations and will operate as State Officers after completion of a PC 832 course. Federal Agents will be assigned as Detectives to the CIT and will operate under the approved rank.
Federal Agents will be titled Task Force Officers and will operate in their daily functions as CIT Task Force Officers.
The CIT will adhere to existing protocols and memorandums of understanding as they relate to all agencies. The interdiction component will operationally coordinate with all Imperial County partners with the following guiding principles:
Contain department/agency priorities and mandates
• Identify major criminal activity impacting the community • Narrow the scope to specific organizations and abate them from all jurisdictional angles • Establish performance metrics-both short-term and long-term • Include goals and objectives (actionable, measurable, sustainable) Mission Benefit:
This concept is a comprehensive, layered approach to operating in an all-threats environment.
The CIT will include other federal, state, and local law-enforcement agencies that will further unify and integrate coexisting efforts.
The effort will support the Communities of the Imperial County by coordinating short term interdiction and abatement efforts that will support and foster ongoing investigations, recognizing that the functions of patrol, intelligence, investigation, and interdiction are not mutually exclusive, but rather integral pieces of a coordinated, focused enforcement effort.
Operational Parameters:
The BIT will focus enforcement efforts on violent criminal activity by conducting targeted interdiction patrols in areas where criminal activity occurs, based upon intelligence.
Within these targeted areas, the BIT will concentrate on criminal activity to include: Homicide, Human Trafficking, Auto theft, kidnapping, gang members, and financiers, bulk cash money couriers, drug load houses, drug load vehicles/drivers, weapons violations and other criminally linked logistical entities.
Enforcement Capabilities:
The CIT will leverage the following enforcement capabilities to increase criminal investigations through a comprehensive layered approach by utilizing existing legal authorities per involved agency:
State and local law enforcement capabilities to enforce:
• Housing Code
• Health and Safety Code
• Vehicle Code (Commercial and Personal vehicles)
• Parole/ Probation Violations
• Constitutional Search & Seizurewaivers
• Driver's License Compliance
• Document Fraud
• Enhancements Gang Injunction/Sentencing
• Penal CodeViolations
• Welfare and Institutions Code
• City Ordinance Violations
• Business Code
• Other Code Violations with Nexus to Border
ATTACHMENT - C
RESOLUTION NO. 2024-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO APPROVING
THE MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES BORDER PATROL TO REESTABLISH THE CALEXICO INVESTIGATIONS TEAM.
WHEREAS, the City of Calexico and the United States Border Patrol (USBP) recognize the need for a collaborative approach to enhance law enforcement efforts and address criminal activities in Calexico and Imperial County;
WHEREAS, the Calexico Police Department (CPD) and USBP have developed a Memorandum of Understanding (MOU) to formalize their partnership and reestablish the Calexico Investigations Team;
WHEREAS, the MOU outlines the responsibilities and obligations of both parties, including the provision of training, equipment, and personnel to support the Task Force; WHEREAS, this collaborative effort is expected to improve public safety and effectively address criminal activities within the jurisdiction;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calexico hereby approves the Memorandum of Understanding between the City of Calexico and the United States Border Patrol to reestablish the Calexico Investigations Team, as presented.
BE IT FURTHER RESOLVED that the City Manager and the Chief of Police are authorized to execute the MOU and undertake any necessary actions to implement the agreement.
Effective Date:
This resolution shall take effect immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this _ day of , 2024, by the City Council of the City of Calexico.
Camilo Garcia, Mayor
pg. 1
RESOLUTION NO. 2024-—
ATTEST:
Veronica Luna Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
State of California)
County of Imperial) ss.
City of Calexico )
I, Veronica Luna Alvarado, City Clerk of the City of Calexico do herby certify the above Resolution No. 2024- _ was approved at a regular City Council meeting held on the 6 day of November 2024, by following vote to-wit:
AYES:
NOES:
ABSENT:
Veronica Luna Alvarado, City Clerk
pg. 2