4ea._22-27_DTF_Memorandum_of_Understanding — Fortuna City Council, May 2, 2022

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) to continue the operation of the Humboldt County Drug Task Force (hereinafter HCDTF) is entered into by the Humboldt County Sheriff’s Office (hereinafter HCSO) and the following participating agencies:

Humboldt County District Attorney’s Office
Arcata Police Department
Eureka Police Department
Fortuna Police Department
California Highway Patrol
WHEREAS, the participating agencies propose to integrate resources and investigative efforts through the HCDTF to address criminal justice issues related to narcotics within the County; and
WHEREAS, this MOU is entered into pursuant to the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., however this MOU does not provide for the creation of an agency or entity that is separate from the parties to the agreement.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

I. PURPOSE
The purpose of this memorandum is to set forth the responsibilities of the participating agencies as they relate to the HCDTF. Working in conjunction, the participating agencies will endeavor to effectively enforce the controlled substance laws of the State of California as expressed in the Health and Safety Code, and applicable federal laws relating to the trafficking of controlled substances. Agencies participating in the HCDTF will be targeting investigations toward the apprehension of upper-level narcotic violators. Use of the Task Force concept is intended to ensure well-coordinated narcotic enforcement regionally and increase the flow of narcotic related intelligence information between the various law enforcement agencies.

II. MISSION
The Mission of the Humboldt County Drug Task Force is to actively investigate the sales, manufacturing and distribution of illicit drugs within Humboldt County by focusing investigative efforts on complex drug trafficking organizations and mid to high level drug traffickers.

III. TASK FORCE EXECUTIVE BOARD
The HCDTF will be governed by the “Humboldt County Drug Task Force Executive Board”.

Participating Agency: A “Participating Agency” is an allied state, federal or local law enforcement agency that has made a commitment of resources and manpower for an agreed time period.

Structure: The HCDTF Executive Board will consist of the Sheriff or his designee and the department heads of each participating agency and their designee.

Role: The HCDTF Executive Board shall meet on a monthly basis for the purpose of reviewing the activities of the HCDTF. Also, the members shall have general responsibility for the oversight of HCDTF operations.

Policy Authority: The HCDTF Executive Board shall be responsible for the HCDTF policies and operating procedures. The Executive Board shall periodically review and evaluate the HCDTF operations, goals, objectives, policies and procedures.

Chairperson: The Executive Board shall select a Chairperson at the first meeting in January of each year. The role of Chairperson shall rotate amongst participating agencies each year.

IV. MANAGEMENT
The HCDTF Sergeant will have responsibility of the day-to-day operations of task force personnel while they operate as members of the HCDTF. Any allegations of poor performance and/or misconduct by a member of the HCDTF shall be immediately referred to the attention of a sworn manager of the respective employing agency of that HCDTF member. The HCDTF Task Force Commander will have responsibility for providing a recommendation to the Executive Board in closed session for the removal of any HCDTF member regarding their performance or conduct.

V. TASK FORCE COMMANDER
A lieutenant from the HCSO shall be responsible for managing the HCDTF. The Task Force Sergeant will provide the Executive Board with monthly and annual reports of HCDTF activities. Any personnel assigned to the HCDTF shall adhere to the published policies and procedures of the HCDTF. The Executive Board will be provided an opportunity to provide comments at the time the Sheriff’s Office prepares an employee evaluation for the Task Force Commander and Task Force Sergeant. In the event the Executive Board is dissatisfied with the performance of the individual assigned as the Task Force Commander or the individual assigned as the Task Force Sergeant, the Sheriff will confer with the Executive Board to resolve performance issues.

VI. COMPENSATION
Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations.

VII. BUDGET AND FUND MAINTENANCE
The HCSO will 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 quarterly report of expenditures shall accompany the statistics report submitted to the Executive Board as outlined in the Policy and Procedure Manual.

All DTF funds shall be maintained in the Humboldt County Treasury and reflected in the HCSO annual budget. The DTF Budget and funds are subject to the review and oversight of the Humboldt County Board of Supervisors, Humboldt County Treasurer/Tax Collector, and Humboldt County Auditor, subject to the provisions herein. Except as otherwise provided herein, all DTF expenditures shall be made pursuant to the County of Humboldt Purchasing Policy.

VIII. TRAINING
Training is handled by participating agencies according to their individual budgets. A yearly training plan for all HCDTF personnel, sworn and non-sworn, shall be prepared upon their assignment to the HCDTF. Additionally, HCDTF will prepare an annual training plan as part of the yearly budget submittal to be paid for by the HCDTF (the “HCDTF Training Budget”). Participating Agency staff assigned to HCDTF shall be considered “Authorized Personnel” and be reimbursed for travel expenses related to the HCDTF Training Budget in accordance with the County of Humboldt Expense and Reimbursement Policy.

IX. ANNUAL REPORT
The Task Force Sergeant will provide the HCDTF Executive Board with an annual report of activity no later than March 15th of each year. This report will summarize the preceding calendar year’s operation and 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 controlled substance abuse and trafficking trends to enable the Executive Board to reassess Task Force goals and objectives.

X. RESOURCES
Each of the below-listed agencies have agreed, by virtue of the duly authorized signature of the department head affixed to this MOU, to contribute the following personnel and/or resources to the HCDTF in each year of this agreement.

Sheriff’s Office: One Lieutenant, one Sergeant, one sheriff’s deputy, three undercover vehicles, standard
complement of investigative and safety
equipment. Miscellaneous administrative
support.

Arcata Police Department: One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

Eureka Police Department: One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

Fortuna Police Department One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

District Attorney’s Office: One investigator, one undercover vehicle, standard complement of investigative and
safety equipment. One Crime Analyst and
miscellaneous legal support.

California Highway Patrol: One police officer, one undercover vehicle, standard complement of investigative and
safety equipment.

XII. FACILITIES, EQUIPMENT & PROPERTY
If the number of law enforcement personnel from participating agencies drops permanently below four, HCSO may terminate the MOU. In such cases, any balance of the facilities lease agreement (or any contractual agreements) will be paid with asset forfeiture funds prior to distribution.

Any and all property, including equipment, furniture, furnishings of whatever kind or description, purchased or acquired with HCDTF funds shall be distributed per the asset forfeiture agreement outlined in Attachment A.

All equipment purchased with HCDTF or seized funds which are damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the HCDTF shall be repaired or replaced by the agency of the responsible employee at the determination of the HCDTF Commander.

HCDTF will only be responsible for financial obligations incurred by HCDTF participating agencies during the term of this MOU and prior to the date of withdrawal of any participating agency.

Payment of facility expenses shall be as follows:

1. Lease of office space: Paid by HCDTF budget.

2. Monthly communications and high-speed internet equipment, local and longdistance charges: Paid by HCDTF budget.

3. Utilities: Paid by HCDTF budget.

4. Alarm equipment including maintenance and monitoring: Paid by HCDTF budget.

5. CLETS/local agency access computer: Paid by HCDTF budget.

6. Evidence storage and alarm security: Paid by HCDTF budget.

7. Janitorial services: Paid by HCDTF budget.

XI. ASSET FORFEITURE
Based on the attached Asset Forfeiture Agreement (Attachment A), proceeds derived from asset forfeiture, under state or federal law, initiated in the course of investigations conducted by the HCDTF, will be shared equitably among member agencies in accordance with the equitable sharing formula in Attachment A. All forfeiture procedures and sharing will be based upon the appropriate provisions of state or federal law and policy. Modification to the asset forfeiture agreement requires approval in writing by members of the HCDTF Executive Board.

California Highway Patrol (CHP) initiated drug arrests by non-Task Force personnel resulting in the confiscation of more than personal use quantities of controlled substances and/or illegal drugrelated assets will be turned over to the HCDTF for follow-up investigation. When the HCDTF is notified of drug investigations which meet the above criteria, it is the expectation of the CHP that the HCDTF will accomplish the following:

1. Either telephonically decline to respond or arrive at the scene or local CHP area office within the jurisdiction of the signatory agency within one (1) hour of notification. Upon the arrival of the signatory agency, they may decline to handle the investigation to its conclusion. By no means shall the signatory agency be obligated to handle drug investigations originated by the CHP.

2. If accepted, the HCDTF shall conduct a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceedings, pursuant to Health and Safety Code sections 11470 et al. A copy of the investigation report is to be provided to the CHP, attention Asset Forfeiture Coordinator.

3. If not accepted, the CHP will handle the investigation, including any asset forfeiture proceedings, to conclusion utilizing area and/or division resources and will be entitled to the full law enforcement share, pursuant to Health and Safety Code section 11489(b)(2)(A).

4. Refer non-qualifying State cases to the appropriate federal agency for evaluation and possible adoption.

XII. ADMINISTRATION AND AUDIT
In no event shall the members of the agencies charge any indirect costs to HCSO for administration or implementation of this agreement during the term thereof. Any and all records pertaining to HCDTF expenditures shall be readily available for examination and audit by HCSO or any other participating agency. In addition, all such records and reports shall be maintained until audits and examinations are completed and resolved, or for a period of three (3) years after termination of the agreement, whichever is sooner.

XIII. INSPECTION PROCESS
At change of HCDTF Commander, an audit of the controlled substance evidence, undercover funds, weapons, and specialized equipment shall be performed.

XIV. 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.

XV. RESPECTIVE RESPONSIBILITIES; INDEMNIFICATION
Each participating agency of the HCDTF shall be responsible for the acts of its participating officer(s) and shall incur any liability arising out of the services and activities of those officers while participating in the HCDTF. Personnel assigned to the HCDTF shall be deemed to be continuing under the 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.

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed on the participating agencies pursuant to Government Code section 895.6, the participating agency shall not be shared pro rata but instead, pursuant to Government Code 895.4, each participating agency agrees to indemnify, defend and hold the other participating agencies (including its officials, officers, employees, contractors and agents) free and harmless from and against any and all losses arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character, whether actual or alleged or threatened, including attorney’s fees and costs, in connection with or arising directly or indirectly out of the performance, conduct, acts or omissions of its participating officer(s).

XVI. POLICY AND PROCEDURE MANUAL
It is agreed that all members of the Task Force shall abide by the applicable policies and procedures as expressed in the HCDTF manual, which is specific in content to the needs, objectives and goals of the HCDTF. In instances where California Highway Patrol (CHP) policies differ from the Task Force policy, the California Highway Patrol Policy shall be adhered to by California Highway Patrol personnel assigned to the Task Force. CHP personnel assigned to the Humboldt County Drug Task Force shall be deemed to be continuing under the employment of the CHP and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred as a CHP officer. 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 Humboldt County Drug Task Force.

The following procedure regarding traffic collisions shall be adhered to in the event that a California Highway Patrol personnel assigned to the Task Force find themselves in an accident involving the operation of a county or other police department vehicle:

1. The Task Force Commander will notify the CHP, as soon as practical, of any Citizen’s Complaints or potential Adverse Action Investigations. The Task Force Commander will meet and confer to determine responsibility for the investigation. If necessary, the investigation will be jointly conducted with the CHP and appropriate Task Force management.

2. The Task Force Commander will notify the CHP, as soon as practical, of any injury or vehicle collision involving CHP personnel assigned to the Task Force. The Task Force Commander will ensure initial treatment/care is provided to CHP personnel assigned to the Task Force. A CHP sergeant will complete all associated reports for any work-related injuries. The Task Force Commander will meet and confer to determine responsibility for the investigation. If necessary, the investigation will be jointly conducted with the CHP and appropriate Task Force management.

3. In the event of a vehicle collision where a CHP employee assigned to the Task Force is driving, the CHP shall respond and document the collision.

XVII. TERM AND TERMINATION
The term of this MOU will begin on June 30, 2022 and remain in effect until June 30, 2027.

A participating agency may withdraw from this MOU by providing notice in writing to the HCDTF Executive Board Chairperson and the Sheriff at least thirty (30) days in advance of withdrawal.

Should the number of law enforcement personnel from participating agencies drop below four, HCSO may terminate the MOU. HCSO may also terminate this MOU without cause by providing written notice to the member agencies at least thirty (30) days prior to termination.

If any changes occur (i.e. withdrawal of a participating agency and/or addition of new participating agency, etc.), a new MOU must be circulated within 30 calendar days of the effective date of the change.

XIX. ENTERING CONFINED SPACES
California Highway Patrol employees, including those assigned to a drug task force, shall not enter confined spaces (as described in Title 8, Section 5156 General Industry Safety Orders) unless a task force supervisor trains, equips, and operates task force pursuant to Title 8 Section 5157 et seq.

XX. AUTHORITY TO EXECUTE
Each person executing this MOU represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this MOU. Each party represents and warrants to the other that the execution and delivery of this MOU and the performance of such party’s obligations hereunder have been duly authorized. The MOU may be executed in counterparts, each of which shall be deemed to be an original but all of which taken together shall constitute one and same agreement.

IN WITNESS WHEREOF, the parties have entered into this MOU, ARCATA POLICE DEPARTMENT: