ALAMEDA COUNTY NARCOTICS TASK FORCE
MEMORANDUM OF UNDERSTANDING
ARTICLE: ONE
NAME
The name of this organization shall be the ALAMEDA COUNTY NARCOTICS TASK FORCE (ACNTF)
ARTICLE: TWO
PURPOSE
A The purposes of this organization are.
1 The interdiction of the flow of drugs into Alameda County
2. The disruption of major drug distribution networks operating within Alameda County
3 The targeting, investigation and prosecution of individuals who organize, direct, finance, or otherwise engage in high-level drug trafficking enterprises or money laundering.
4 The seizure of assets derived through drug trafficking 5 The promotion of coordinated drug enforcement efforts throughout the County with maximum cooperation between all law enforcement and prosecutorial agencies ARTICLE: THREE
EXECUTIVE POLICY COMMITTEE
The affairs of this organization will be directed by an Executive Policy Committee The Officers of this Committee will be the Alameda County Sheriff, the Alameda County District Attorney, the Chief Probation Officer of Alameda County, the President or designate of the Alameda County Chiefs of Police and Sheriffs' Association, Captain of the California Highway Patrol - Dublin, the designated Senior Special Agent-in-Charge of the California Department of Justice, Bureau of Narcotic Enforcement, the Police Chiefs of Oakland, Hayward, San Leandro, the University of California Berkeley, East Bay Regional Parks, Oakland Housing Authority and the Director of the Behavioral Health Care Services Agency The Sheriff of Alameda County will serve as Project Director for this program.
The Executive Policy Committee shall meet on the third Friday of each month (Revised 5/04)
1 ARTICLE: FOUR
AMENDMENTS TO THE MOU
The Executive Policy Committee may amend any Article of this MOU by a two-thirds (2/3) vote of the quorum. In the absence of a quorum and the occurrence of an exigent circumstance, the Project Director may direct any necessary action.
ARTICLE: FIVE
DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS A The ACNTF shall conduct case investigations to maximize the identification of assets for forfeiture, the use of both civil and criminal forfeiture statutes will be explored in every instance.
It is agreed that assets seized will be shared based on the participating agencies' respective contribution to the ACNTF The following formula, determined by mutual consent, will be utilized.
1 Twenty-five percent (25%) of all assets forfeited will be returned to the ACNTF Trust Fund for operating costs, expenditures from this Fund require approval of the Executive Policy Committee
2 Seventy-five percent (75%) of all assets forfeited will be divided and returned to the ACNTF member agencies The percentage distributed to each agency will be based on that agency's level of operational participation and will be determined as a percentage of personnel assigned to ACNTF at the time such assets are seized. 3 All distributions of asset forfeiture funds will be made after deduction of administrative costs as prescribed by statutes or by the Executive Policy Committee.
4 If the program ceases operation, unexpended forfeiture funds will be returned to the participating agencies using the above formula Federal and State agencies will be excluded from such distribution.
5 A quarterly report will be mailed to each ACNTF member agency at the end of the months of September, December, March and June specifying forfeitures received for distribution and the Alameda County Sheriff shall disburse awarded funds to participating agencies based on authorization from the ACNTF Executive Policy Committee.
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ARTICLE: SIX
UNIT OPERATIONS
A Site Location. The base of operations for the ACNTF shall be located in a confidential location and shall not utilize existing police and/or government facilities B Project Manager The Project Manager will have experience in command of large scale narcotics investigations and background in program management. He will report directly to the Executive Policy Committee on all matters of ACNTF concern.
Assistant Project Manager An Administrative Sergeant will be provided by the Alameda County Sheriff's Office. This person will be responsible for completion of necessary fiscal, budget, procurement and reporting requirements and shall act as the Assistant Project Manager
D Operating Standards All matters governing operating procedures, standards and guidelines will be designed to balance the rights of citizens and the need of law enforcement to detect, arrest and prosecute individuals and groups engaged in sophisticated drug-related activity
E. Case Initiation. All ACNTF investigations shall be subject to review by the Executive Policy Committee Areas of discretion in the setting of priorities for these cases will be determined by, but not limited to, the sophistication of the enterprise, the impact on the community, current caseload, available manpower and/or equipment and workable investigative leads
F Enforcement Manpower This project shall be designed to bring the appropriate criminal justice resources and highest level of expertise to focus jointly on drug trafficking organizations Toward that end, the following commitment will form the nucleus of this project
Alameda County District Attorney's Office
One Deputy District Attorney (Prosecution)
One Supervising Clerk II
One Legal Stenographer
Alameda County Probation Department
One Deputy Probation Officer
Alameda County Sheriff's Office
One Project Manager
Two Sergeants
Four Investigators
3 Bureau of Narcotic Enforcement
One Special Agent Supervisor
One Special Agent * *
California Highway Patrol • Dublin
One Investigator
East Bay Regional Parks Police Department
One part-time Investigator
Hayward Police Department
Two Investigators
Oakland Police Department
Four Investigators
San Leandro Police Department
One Investigator
University of California Berkeley Police Department
One Investigator
Oakland Housing Authority
One Investigator
G. Assignment of Personnel. All personnel assigned to the ACNTF must be approved by the respective agency head and by the Executive Policy Committee The Executive Policy Committee may reject any nominee based on the nominee's training, past performance, or other factors bearing on suitability
H. Equipment: Each investigator assigned to the ACNTF shall come equipped with departmental safety equipment. Specialized items such as cameras and undercover transmitter will be provided by the ACNTF Common operating equipment such as pagers, cellular phones, vehicles and fuel will be provided by ACNTF Request for Assistance: It shall be the policy of this program to provide assistance whenever possible to participating law enforcement agencies whenever local investigations demand expertise or resources beyond their existing limitations J Reporting Format The ACNTF's standard report forms will be utilized for investigative reports Arrests will be documented on ACNTF forms All report forms will be reviewed and approved by the District Attorney's Office before usage.
K Evidence The Alameda County Sheriff's Office evidence facility shall be utilized to maintain a proper evidence chain on all evidence seized L. Undercover Documents The use of documents to support or enhance undercover identities will be utilized. These will include, but will not be limited to, drivers' licenses, social security cards and credit cards. The procurement, utilization and control of these documents will be such as to assure that they are properly accounted for at all times and are used only for authorized purposes
M Surveillance Aircraft The Executive Policy Committee on February 24, 1993, unanimously agreed to purchase a fixed-wing surveillance aircraft to support ACNTF operations The Executive Policy Committee recognizes the joint liability associated with the operation of the surveillance aircraft and agrees to share all costs associated with the operation of the aircraft.
ARTICLE: SEVEN
FISCAL PROCEDURE
A Responsibility The Project Manager shall be responsible for the administration of all fiscal procedures necessary to facilitate ACNTF operations B Payroll All personnel assigned to the ACNTF will be paid by their respective agency It shall be the responsibility of the Project Manager to institute a system whereby the hours of each individual will be audited for accuracy and reported to the appropriate department in accordance with the agency's procedures All ACNTF overtime expenses will be reimbursed to participating agencies to the extent budget appropriations allow C Reimbursement/Billing The Alameda County Sheriff's Office shall reimburse ACNTF member agencies for costs claimable under the grant (i e., budgeted overtime), on a monthly basis
It is the responsibility of each ACNTF member agency to submit proper demand for payment with supporting documentation of such costs to the ACNTF Administrative Sergeant no later than thirty (30) days from the last day of the reimbursement period D Confidential Expenditure Fund. A special appropriation fund shall be established to which members of the ACNTF may charge exigent expenditures as necessary in the performance of investigative duties The utilization, responsibility, accountability and control of this fund shall be determined by the Executive Policy Committee and the Project Manager and shall conform to published federal guidelines for the control and use of confidential funds E. Administrative Overhead The Alameda County Sheriff's Office and the Alameda County Auditor-Controller shall be reimbursed for the administrative cost of managing the grant program by direct allocation of allowable indirect cost calculated at five percent (5%) of the actual total direct project costs, excluding equipment 5 ARTICLE: EIGHT
INTER-JURISDICTIONAL INVESTIGATIONS
A Prior to undertaking any narcotic related investigation, the case agent will contact the unit supervisor or his designee in the jurisdiction in which the investigation shall take place to alert them of the investigation
1 Supervisors of the primary jurisdiction, once notified, will have the option of assisting in the investigation or declining to assist.
2 If the primary agency declines to assist, the ACNTF may then proceed with the investigation but will notify the primary agency of any significant developments All notifications will be logged in the case agent's file 3 Before the ACNTF initiates any arrest, search warrant or surveillance in any outside jurisdiction, the unit supervisor or case agent will notify the supervisor of the primary agency at the earliest opportunity and shall cooperate fully with the primary agency in the conduct of such action.
Wherein outside agencies have assisted ACNTF in a narcotic investigation resulting in possible asset forfeiture, the operational supervisor shall coordinate with the assisting agency to determine the percentage of investigative resources provided. The Project Manager will make any appropriate sharing decisions and initiate a sharing request Should the ACNTF conduct an investigation involving personnel of a participating agency, the Project Manager will notity the department head of that agency that an investigation is in progress At the conclusion of the investigation, the department head will be briefed on the results of the investigation.
ARTICLE: NINE
TERM OF AGREEMENT
The term of this agreement shall be from September 1, 1990 and continue from July Ist to June 30th of each year thereafter, unless terminated at any time by any ACNTF member for its convenience upon giving thirty (30) days advance written notice of such termination to the other party, unless sooner terminated by casualty
6 ALA. EDA COUNTY NARCOTICS TASK FORL.
PARTICIPATING AGENCY OPERATIONAL AGREEMENT
MEMORANDUM OF UNDERSTANDING
This document stands as evidence that the following agencies intend to participate in the Alameda County Narcotics Task Force and agree to the terms and conditions specified in the attached Memorandum of Understanding, and any attached Addendums to Memorandum of Understanding, and by their duly authorized officials, have executed this agreement on the respective dates listed below
4/13/04 8118/64
Charles C Plummer
Sheriff District Attorney
Alameda County Alameda County
Sed Ss Uzfoy
Lloyd Lowe Donald Blevins
Interim Chief of Police Chief Probation Officer
Hayward Police Department Lameda Count
6/2/01 Stele Bell 6-18-04
Joseph W. Kitchen Date Stephen B. Bell Date
Chief of Police Captain
San Leandro Police Department California Highway Patrol - Dublin 04/0804 DAL MULICHA 6/18/04
Norman Lapera Date Paul Mulligan
Chief of Police Senior Special Agent-m-Charge
East Bay Regional Parks Police Department California Department of Justice (President of the Alameda County Chiefs ureau of Narcotic Enforcement of Police and Sheriffs Association)
42/04
Victoria Harrisor Date
Chief of Police
University of California
Berkeley Police Department Behavioral Health Care Services Leond 6/18/01 А Соро (ликом сне) 6-34-04
Chief of Police Chief of Police
Oakland Police Department Oakland Housing Authority
Police Department
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