MEMORANDUM OF UNDERSTANDING
RIVERSIDE COUNTY REGIONAL
GANG TASK FORCE
2021-2025
RIVERSIDE /REGIONAL
COUNTY
POLICE
PARTIES: The parties to this Memorandum of Understanding (MOU) are the Banning Police Department, Beaumont Police Department, California Highway Patrol, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Murrieta Police Department, Riverside County District Attorney's Office, Riverside County Probation Department, Riverside County Sheriff's Department, and United States Border Patrol.
Memorandum of Understanding 2021-2025
RCRGTF
FOR OFFICIAL USE ONLY
Table of Contents
Memorandum Of Understanding.. 1
1. Purpose. 3
2. Mission.. 3
3. Task Force Director 4
4. Executive Commitee ... 4
5. Management..... 5
...
6. Task Force Commander... 5
6. Compensation. 5
7. Budget.... 5
8. Training.
9. Annual Report
10. Resources.. 6
11. Facilities, Equipment And Property ... 8
12. Asset Forfeiture. 8
13. Administration And Audit. 9
14. Termination/Withdrawal.. 9
15. Nondiscrimination Clause 9
16. Respective Responsibilities.. 9
17. Terms And Conditions Of Employment - Collective Bargaining.. .. 10
18. Fiscal Responsibilities - Spending Authorizations .... .. 10
19. Use Of Force / OIS Investigations Involving A Task Force Officer.. .. 10
20. Traffic Collision Investigations Involving A Task Force Officer ... .. 10
21. Citizen Complaints Against A Task Force Officer.. .. 11
22. Personnel Evaluations .. 11
23. Releasing Information To The Media.. .. 12
24. Civil Liability... .. 12
25. Workers Compensation And Other Benefits .. 13
26. Policy And Procedure Manual.... .. 13
27. Term Of Agreement. • 13
28. Authorization.. .. 13
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RCRGTF
1. PURPOSE
The purpose of this Memorandum of Understanding (MOU) is to set forth the responsibilities of the participating agencies involved in the Riverside County Regional Gang Task Force (RCRGTF). The RCRGTF consists of six regions and each governed by an Executive Board. Agencies participating in the RCRGTF will be organized into six (6) Task Force Regions.
Working cooperatively, the participating agencies will endeavor to effectively enforce the laws of the State of California including the Penal Code, Vehicle Code, Health and Safety Code, and applicable federal laws relating to violent crime, street terrorism and gang- related crimes throughout Riverside County. The RCRGTF will target the apprehension and conviction of members of criminal street gangs. The use of this task force concept is intended to ensure well-coordinated violent crime and gang enforcement regionally and increase the flow of violent offender and gang related intelligence information between the various law enforcement agencies. The previous MOU is hereby superseded, replaced in its entirety, and considered null and void.
Modifications and amendments to this agreement, including any exhibit or appendix, representatives of all parties.
2. MISSION
The mission of the RCRTF is to allocate resources from all participating cities, county agencies, and other allied law enforcement agencies for the purpose of promoting safe and secure neighborhoods free of violent crime and gang violence.
The goals and objectives of the RCRTF are as follows:
To suppress and deter:
1. The creation, presence or expansion of street gangs
2. The association and visibility of street gangs and street gang members
3. The recruitment of street gang associates or additional street gang members
4. The public or private intimidation of citizens
5. The ability of gangs, their associates, or members, to direct, commit, or support crimes
To coordinate and align proactive law enforcement efforts which will promote:
1. Collecting and disseminating criminal intelligence information
2. Engaging in proactive criminal investigations and proactive field contacts
3. Identifying gang members, their associates, and their criminal activities.
4. Enforcing probation and parole restrictions and civil court injunctions
5. Arresting, prosecuting, and incarcerating individuals who violate the law
6. The dismantling of identified criminal street gangs
7. Provide gang awareness training to schools and community groups Pages 3 of 25
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3. TASK FORCE DIRECTOR
A Captain and Lieutenant from the Riverside County Sheriff's Department shall be the Task Force Director and Assistant Task Force Director respectively for RCRGTF. The Task Force Director shall be responsible for managing the RCRTF and will report to the Regional Executive Boards. The Task Force Director takes direction from the Executive Board. The Task Force Director will provide the Executive Boards with an
4. EXECUTIVE COMMITEE
An "Executive Board" will govern each Task Force Region.
1. The affairs of this organization will be managed by an Executive Board consistin of agencies from the respective regions. The Executive Board Chairperson wil be the Task Force Commander's primary contact with the Executive Board or normal matters and will bring to the Executive Board's attention any matter which would require a consensus of the Executive Board prior to a regularly scheduled bi-monthly meeting. The Executive Board Chairperson shall preside over Executive Board meetings. The Vice Chairperson will act on behalf of the Chairperson in his or her absence.
B. The Executive Board will consist of one member from each participating agency.
A commander level individual or executive officer may act on behalf of the designated agency or division at the discretion of the board member in the voting member's absence. A simple majority of the voting members will constitute a quorum. A voting member shall have a full-time employee assigned to RCRGTF.
1. Role - The Executive Board shall meet either via video conferencing or in- erson on a bi-monthly basis for the purpose of reviewing on-goin nvestigation and/or overall activities. The Executive Board shall hav general responsibility for the oversight of their respective regional operations.
2. Operation Authority - The Executive Board shall periodically review and evaluate operations, goals, and objectives.
3. Structure - The Executive Board will consist of department heads of each heads, and the identity of those proxys will be included in the Task Force Executive Board meeting minutes. Each Executive Board member, o1
4. Conduct of Meetings - All meetings shall be governed by Roberts' Rules of Order.
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5. Quorum - A quorum shall consist of a simple majority of the Task Force Executive Board. The Task Force Executive Board may adjourn the meeting from time-to-time with less than a simple majority without further notice.
5. MANAGEMENT
6. TASK FORCE COMMANDER
The Task Force Commander shall be the rank of a sergeant and responsible for supervising and managing personnel and activities. The Task Force Commander shall retain supervisory control of the personnel assigned to their respective region. The Task Force Commander will provide their respective Executive Board with monthly statistics, activities, expenditures, on-going investigations, and future operations during the bi- monthly meetings. The Task Force Commander or his designee is responsible for the formulation of minutes for the meeting and notification of Executive Board members of upcoming meeting.
6. COMPENSATION
Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations. Due to potential budgetary impact, overtime must be an item of communication between the Task Force
7. BUDGET
The Task Force Commander shall prepare a proposed budget each year (date to be determined by the Executive Board) for the ensuing fiscal/calendar year for approval by the Executive Board. A monthly report of expenditures shall accompany the monthly statistics report submitted to the Executive Board.
8. TRAINING
Training is be the responsibility of participating agencies according to their individual budgets. A yearly training plan for all task force personnel, sworn and non-sworn, shall be prepared upon their assignment to the task force. In addition, a yearly group-training at the Riverside County Sheriff's Department - Ben Clark Training Center will be prepared by the Task Force Director or his designee.
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9. ANNUAL REPORT
The Task Force Commander will provide the Executive Board with an annual report of activity no later than March 15 of each calendar year. This report shall summarize the operation and activities of the task force for the proceeding calendar year. This report shall include a section for statistical data broken down in a similar fashion to that of the monthly reports. The report shall contain sufficient information regarding gang activity and trends to enable the Executive Board to reassess task force goals and objectives.
10. RESOURCES
Each of the below listed agencies have agreed, by virtue of the signature of the Department Head affixed to this MOU, to contribute at a minimum, the following personnel and resources to RCRTF in each year of this agreement. Task Force Officers assigned to the RCRTF will work full time and the task force duties will be the assigned personnel's primary responsibility unless special Task Force Executive agency's policies and procedures.
BANNING POLICE DEPARTMENT
1. One (1) Sergeant
2. One (1) vehicle including cost of operation
3. Standard complement of investigative and safety equipment
BEAUMONT POLICE DEPARTMENT
1. One (1) Officer
2. One (1) vehicle including cost of operation
3. Standard complement of investigative and safety equipment
CALIFORNIA HIGHWAY PATROL
1. Four (4) Officers
2. Four (4) vehicles including cost of operation
3. Standard complement of investigative and safety equipment
CORONA POLICE DEPARTMENT
1. One (1) Sergeant
2. One (1) Officer
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RCRGTF
3. Two (2) vehicles including cost of operation
4. Standard complement of investigative and safety equipment
HEMET POLICE DEPARTMENT
1. One (1) Sergeant
2. One (1) Officer
3. Two (2) vehicles including cost of operation
4. Standard complement of investigative and safety equipment
DESERT HOT SPRINGS POLICE DEPARTMENT
1. One (1) Officer
2. One (1) vehicle including cost of operation
MURRIETA POLICE DEPARTMENT
1. One (1) Sergeant
2. One (1) Officer
3. Two (2) vehicle including cost of operation
4. Standard complement of investigative and safety equipment
RIVERSIDE COUNTY DISTRICT ATTORNEY
1. One (1) DDA Liaison
a. Provide legal advice for rules surrounding CalGang submissions.
2. One (1) CalGang Administrator
a. Responsible for maintaining the integrity of Riverside County's CalGang System
b. Responsible for conducting ongoing system audits for the DOJ c. Provide CalGang end-user training to Riverside County law personnel as needed
RIVERSIDE, COUNTY SHERIFF'S DEPARTMENT
1. One (1) Captain
2. One (1) Lieutenant
3. Three (3) Sergeants
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4. Fourteen (14) Deputies and/or Corporals
5. (19) Nineteen vehicles including cost of operation
6. Standard complement of investigative and safety equipment
RIVERSIDE COUNTY PROBATION DEPARTMENT
1. Three (3) Deputy Probation Officers
2. Three (3) vehicles including cost of operation
3. Standard complement of investigative and safety equipment
US BORDER PATROL
1. Three (3) Border Patrol Agents
2. Three (3) vehicle including cost of operation
3. Standard complement of investigative and safety equipment
11. FACILITIES, EQUIPMENT & PROPERTY
The Gang Task Force Regions will establish residency at the Palm Desert Sheriff's Station (Region 1 - Coachella Valley), Cabazon Sheriff's Station (Region 2 - San Gorgonio Pass), Hemet Police Department (Region 3 - Hemet Valley), Murrieta Police Department (Region 4 - Murrieta/Temecula), Perris Sheriff's Station (Region 6 - Perris/Lake Elsinore), Corona Police Department (Region 7 -Corona/Jurupa Valley) and utilize office resources organic to that location to fulfil Gang Task Force duties.
Any and all property, including equipment, furniture, furnishings or whatever kind or Any equipment purchased with task force or seized funds, which is damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the RCRTF shall be repaired or replaced by the agency of he responsible employee at the determination of the Task Force Director.
12. ASSET FORFEITURE
Each Gang Task Force Region shall maintain their own asset forfeiture account and proceeds derived from asset forfeiture, under State or Federal law, initiated in the course of investigations conducted by RCRGTF will be shared equitable among member Pages 8 of 25
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agencies of the respective region. Modifications to the asset forfeiture agreement require approval in writing by the members of the Executive Board.
Should, however, any agency terminate participation, they will terminate their right to participate in any distribution pursuant to this section effective the date of their termination. Should for any reason the Executive Board find it necessary to disband the Task Force, asset forfeitures that have not been distributed will be used to pay off all existing debt including all contracts or leases. Any remaining money will be equally distributed between participating agencies.
13. ADMINISTRATION AND AUDIT
Any and all records pertaining to the respective region's expenditures shall be readily available for examination and audit by any Party. In addition, all such records and reports shall be maintained until audits and examination are completed and resolved, or for a period of (3) three years after the termination of the MOU, whichever is greater.
14. TERMINATION/WITHDRAWAL
This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all the Parties. Each Party may also terminate such Party's participation by withdrawal from the MOU upon notice in writing to all the other Parties of not less than thirty (30) days prior to the effective termination/ withdrawal date.
Termination of the MOU automatically triggers a specialized audit and reconciliation of asset forfeiture funds and other team assets. The specialized audit will be conducted by the Riverside County Sheriff's Department's Specialized Accounting Unit. A terminating Party may elect, in writing, to waive all rights to asset forfeiture accounts.
15. NONDISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities.
16. RESPECTIVE RESPONSIBILITIES
For the purpose of indemnification, each participating agency of the RCRGTF shall be responsible for the acts of its participating officers) and shall incur any liabilities arising out of the services and activities of those officers participating in the RCRGTF.
Personnel assigned to the RCRTF shall be deemed to be continuing under the Pages 9 of 25
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employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions.
17. TERMS AND CONDITIONS OF EMPLOYMENT - COLLECTIVE
BARGAINING
Members assigned to the RCRGTF shall be deemed to be continuing under the employment of their parenting agencies and have the same powers, duties, privileges, responsibilities, and immunities as are conferred as it applies to their parenting agencies employment. All terms and conditions of the employee's labor contract shall be in effect, and shall be abided by, even though the employee is assigned to the RCRGTF.
18. FISCAL RESPONSIBILITIES - SPENDING AUTHORIZATIONS
The Task Force Commander shall seek approval from their respective Executive Board prior to making purchases using funds from the asset seizure account.
19. USE OF FORCE / OIS INVESTIGATIONS INVOLVING A TASK FORCE
OFFICER
The Task Force Commander will notify the parent agency as soon as practical of any use of force incident / officer involved shooting occurs involving a Task Force Officer.
Depending on the jurisdictional procedures of the incident, the Task Force Commander will meet and confer to determine the responsibility for the investigation. If necessary and allowed by the jurisdictional agency, the investigation will be jointly conducted by the parent agency.
20. TRAFFIC COLLISION INVESTIGATIONS INVOLVING A TASK FORCE
OFFICER
traffic collision forms / photographs to the parent agency for the appropriate follow up Pages 10 of 25
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21. CITIZEN COMPLAINTS AGAINST A TASK FORCE OFFICER
All complaints against a Task Force Officer will be accepted for official inquiry in compliance with penal code requirements and the accused member's agency policy and procedure. Complaints can be accepted orally (in person or telephonically) and in writing In any case, the specific allegations will be reduced to writing. The complaint will be written on the official complaint form of the accused Task Force Officers' agency and forwarded by the Task Force Commander to that agency for action as soon as possible.
The complainant will be provided a copy of the complaint.
The Task Force Commander will conduct only a preliminary inquiry into complaints received against the Task Force Officer. This preliminary inquiry will include identifying specific officers who are subjects of the complaint. If the Task Force Commander is unable to resolve the complaint or the seriousness of the allegations would necessitate a formal investigation, then the Task Force Commander will follow the procedures listed below. These procedures should also be followed if a member agency receives a complaint involving Task Force personnel.
A) The Task Force Commander or the agency originally receiving the complaint will recommend to the complainant that he/she contact the appropriate parent agencies which will be responsible for conducting the complaint investigation.
B) The Task Force Commander or the agency receiving the complaint will notify the appropriate agency of their personnel's involvement in the complaint, the identity of the complainant, the involved personnel, and provide a synopsis of the allegations. The Task Force Commander shall assist the investigating agencies by providing all pertinent information available regarding the incident. The Task Force Commander shall not be an active participant in the investigative process beyond the preliminary inquiry described above.
Results of this initial complaint inquiry will be forwarded to the appropriate agency and the respective Regional Board Chairperson.
22. PERSONNEL EVALUATIONS
The conduct and work performance of task force personnel shall be documented annually, or as the parent agency dictates, in a Performance Appraisal report by the prove ip pa to the pay i agency so the poomance a praisi can be accurately completed.
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Disciplinary Process
Formal disciplinary action will be the responsibility of parent agencies. Informal disciplinary can take place at the task force level by the Task Force Commander.
Definitions of Informal / Formal are listed as the following:
Informal
Informal action is used by the Task Force Commander and the employee to implement the change(s) that must take place in the employee's conduct or performance within a specified time frame. The employee is not entitled to representation unless formal Formal
When informal steps have not corrected an employee's conduct or performance, or a serious infraction of law, rules or standards has taken place, corrective action should be taken. When supervisory techniques of a preventative nature are followed by informal action and an employee has failed to alter his/her conduct, or in situations where formal discipline is in order, the Task Force Commander will notify the parent agency and task force administration and prepare a written report outlining the circumstances for the need for formal disciplinary action.
23. RELEASING INFORMATION TO THE MEDIA
1.Non-Routine Press Matters
The GTF Director and respective Regional Board Chairperson will be notified of all non- routine press matters. The Task Force Commander will be directed by the GTF Director and/or the Chairman in these instances.
2. Routine Media Contacts
The Tak o the repender wil and al Chai person cole not ad drail recipe press matters.
The Task Force Commander shall notify and receive approval from the RCRGTF Director and respective Regional Board Chairperson prior to allowing media to accompany Task Force Officers on any enforcement activity.
24. CIVIL LIABILITY
In contemplation of the provisions of Section 895.2 of the Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, the participating agencies hereto, pursuant to the authorization contained in Section 895.4 Pages 12 of 25
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and 895.6 of the Government Code, agree that each shall be liable for any damages including, but not limited to, claims, fees, and costs resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this MOU, and each participating agency shall indemnify, defend and hold harmless the other agencies from such claims, demands, damages, losses, liabilities, costs and expenses including reasonable attorneys' fees, for their negligence. The participating agencies agree that the contribution as provided by Government Code Section 895.6 shall not apply.
25. WORKERS COMPENSATION AND OTHER BENEFITS
Each participating agency shall be responsible for the workers compensation coverage and benefits for its own employees participating in this MOU and each shall indemnif and hold the other participating agencies harmless for any claims for such coverage or benefits as well as for other benefits, which may be claimed by an employee by virtue of participating in this MOU. To the maximum extent permitted by law, and consistent with their intent to cooperate with one another without forming a separate entity, each participating agency agrees that the other participating agencies shall not be considered "third parties" for purposes of imposing worker's compensation liability on any participating agency except the entity employing an employee who may be injured during any joint action of that agency's employees. In addition, each participating agency shall be solely responsible for, and will defend and indemnify all other participating agencies hereto, against any claims for, wages, overtime or any other form of compensation which may be sought by that agency's employees in performing this MOU.
26. POLICY AND PROCEDURE MANUAL
It is agreed that all members of the task force shall abide by the policies and procedures set forth by their individual agencies.
27. TERM OF AGREEMENT
The term of this agreement shall be from January 1, 2021 through January 1, 2025. This agreement may be terminated by notice in writing to the Task Force Director thirty (30) days prior thereof. An extension of this MOU will be granted pursuant to the signed agreement of the Executive Boards.
28. AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by Pages 13 of 25
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on Matthew Hamner
Police Chief
Banning Police Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
see Maillig 07/18/2022
DATE
Sean Thuilliez
Police Chief
Beaumont Police Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRGTF Director. All future amendments must be forwarded to the RORGTF Director and will become effective upon receipt.
SIGNATURE DATE
Dan Minor
Chief - Inland Division
California Highway Patrol
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RCRTF
AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by he RCRTF Director. All future amendments must be forwarded to the RCRGTE Director and will become effective upon receipt
Seorge Crem 7 - 13 - 2022
IGNATURY DATE
George Crum
Chief of Police
Cathedral City Police Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRGTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
7/18/2022
SIGNATURE DATE
Robert Newman
Chief of Police
Corona Police Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRGTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
00/1/2002
SIGNATURE DATE
Jim Henson
Chief of Police
Desert Hot Springs Police Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRGTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
EMPLE - 7-28-2022
DATE
Eddie Pust
Police Chief
Hemet Police Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
Almons 7/22/22
SIGNATURE DATE
Anthony Conrad
Police Chief
Murrieta Police Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRGTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
-
SIGNATURE DATE
Mike Hestrin
District Attorney
Riverside County District Attorney Office
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
1|15 2022
SIGNATURE DATE
Ronald L. Miller
Chief Probation Officer
Riverside County Probation Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRGTF Director. All future amendments must be forwarded to the RORGTF Director and will become effective upon receipt.
Collars D3/14/0022
-
SIGNATURE
Chad Bianco
Sheriff-Corner
Riverside County Sheriff's Department
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AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the RCRGTF Director. All future amendments must be forwarded to the RCRGTF Director and will become effective upon receipt.
SIGNATURE DATE
Gregory K. Bovino
Chief Patrol Agent
El Centro Sector
United States Border Patrol
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