MEMORANDUM OF UNDERSTANDING
This memorandum of understanding (MOU) to establish the YubaSutter Narcotic and Gang Enforcement Task Force is entered into by the following participating agencies.
YUBA COUNTY SHERIFF'S OFFICE (YCSO)
MARYSVILLE POLICE DEPARTMENT (MPD)
YUBA COUNTY DISTRICT ATTORNEY (YCDA)
YUBA CITY POLICE DEPARTMENT (YCPD)
SUTTER COUNTY SHERIFF'S OFFICE (SCSO)
SUTTER COUNTY PROBATION DEPARTMENT (SCPD)
SUTTER COUNTY DISTRICT ATTORNEY (SCDA)
CALIFORNIA HIGHWAY PATROL (CHP)
MEMORANDUM OF UNDERSTANDING
Table of Contents
I. Purpose.................................................................................................... 2 II. Mission............................................................. ......................................... 2 III. Task Force Council ................ ............................................................... 2 IV. Management ............................................................................................ 3 V. Task Force Commander..........................................................................3 VI. Task Force Sergeant................................................................................4 VII. Budget ................................................................................................... 4 VIII. Training ................................................................................................. 4 IX. Annual Report.........................................................................................4 X. Resources.................................................................................................5 XI. Facilities, Equipment and Property . ................................................... 6 XII. Asset Forfeiture .......................................................................................7 XIII. Administration and Audit...................................................................... 7 XIV. Nondiscrimination Clause ...................................................................... 8 XV. Respective Responsibilities..................................................................... 8 XVI. Press Releases......................................................................................... 8 XVII. Clandestine Laboratory Investigations................................................... 8 XVIII. Policy and Procedures Manual............................................................... 8 XIX. Term of Agreement................................................................................. 8 XX. Authorization ......................................................... .................................. 9 11 I. PURPOSE
The purpose of this memorandum is to set forth the responsibilities of the participating agencies as they relate to Yuba-Sutter Narcotic and Gang Enforcement Task Force. Working in conjunction, the participating agencies will endeavor to effectively enforce the controlled substance and criminal street gang laws of the State of California as expressed in the Penal Code and Health and Safety Code, and applicable federal laws. Agencies participating in Yuba-Sutter Narcotic and Gang Enforcement Task Force will be targeting their investigations toward the apprehension of narcotic and gang violators of all levels. Use of this task force concept is intended to ensure well-coordinated narcotic and gang enforcement regionally and increase the flow of narcotic and gang related intelligence information between the various law enforcement agencies.
II. MISSION
The mission of the Yuba-Sutter Narcotic and Gang Enforcement Task Force is to increase public safety. The two-fold focus of the task force isto both significantly diminish the availability and use of illegal drugs and apprehend the responsible offenders, and to identify, investigate and deter criminal street gang activity and criminality in Yuba and Sutter Counties, including both incorporated and unincorporated areas. The ultimate goal of the task force is to provide a comprehensive and dedicated team of specialists to curb illegal controlled substance cultivation, sales, and usage, and combat the rise of gang violence.
III. TASK FORCE COUNCIL
The Yuba-Sutter Narcotic and Gang Enforcement Task Force will be governed by a "Task Force Council".
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 upon time period. The Participating agencies for this agreement are:
• The Yuba County Sheriff's Office
• The Marysville Police Department
• The Yuba County District Attorney's Office
• The Yuba City Police Department
• The Sutter County Sheriff's Office
• The Sutter County Probation Department
• The Sutter County District Attorney's Office
• California Highway Patrol
Funding Agency - A "Funding Agency" is an agency that provides direct budgetary funding to the Yuba-Sutter Narcotics Enforcement Team either through departmental budgeting and/or allocated grant funds. The Funding agencies for this agreement are:
• The Yuba County Sheriff's Office
• The Yuba City Police Department
• The Sutter County Sheriff's Office
2 Structure - The Task Force Council will consist of the department heads of each participating agency or their designee. Each member of the Council shall have an equal vote in the conduct of its business. One member of the Council will be elected by the members as chairperson and will function as the chairperson of the unit. A vice-chairperson will also be elected by the Council. Election for chairperson and vice-chairperson will be held in December with the term of office being the following calendar year. The chairperson may hold that position for more than one term with a majority vote of the Council.
Budget Committee - The Budget Committee will consist of the department head of each funding agency and will meet to direct budgetary decisions as they relate to the YubaSutter Narcotic and Gang Enforcement Task Force.
Role - The Task Force Council shall meet on a monthly basis for the purpose ofreviewing the activities of the Yuba-Sutter Narcotic and Gang Enforcement Task Force. Council members shall have general responsibility for the oversight of the Yuba-Sutter Narcotic and Gang Enforcement Task Force operations. Meetings may be called more often or canceled by majority agreement of the Task Force Council.
Policy Authority - The Task Force Council shall be responsible for the Yuba-Sutter Narcotic and Gang Enforcement Task Force policies and operating procedures. The Council shall periodically review and evaluate the Yuba-Sutter Narcotic and Gang Enforcement Task Force operations, goals, objectives, policies and procedures.
IV. MANAGEMENT
The management and supervision of the resources will be the responsibility of the Task Force Commander. The Task Force Commander shall retain an operational supervisory control of the personnel assigned to the Yuba-Sutter Narcotic and Gang Enforcement Task Force. In any matters concerning discipline of personnel assigned by participating agencies, those matters will be referred to the participating agency head for resolution.
V. TASK FORCE COMMANDER
The Task Force Commander's duties and job description are as outlined and described in the Sutter County Human Resources "Job Specifications by Job Title." The Task Force Commander position is an extra-help position contracted through Sutter County Sheriff's Department.
The Task Force Commander shall serve at the pleasure of the Task Force Council. The Task Force Commander will provide the Task Force Council with monthly and annual reports of the Yuba-Sutter Narcotic and Gang Enforcement Task Force activities. Any personnel assigned to the Yuba-Sutter Narcotic and Gang Enforcement Task Force shall work under the immediate operational supervision and direction of the Task Force Commander and shall adhere to their departmental policies and procedures and the published policies and procedures of the Yuba-Sutter Narcotic Enforcement Team. In the event of a policy conflict, personnel shall adhere to the policy of their employing agency.
In the event that a member agency has a complaint or problem with the Task Force Commander, the Council will meet and attempt to resolve the problem amongst themselves. 3 The Task Force Commander will be compensated as per the approved salary schedule as described in the Sutter County Human Resources "Salary Schedules by Classification." Each participating agency is responsible for providing its respective personnel with salaries, benefits and overtime in accordance with FLSA regulations.
VI. TASK FORCE SERGEANT
The Task Force Sergeant position will be filled by a Yuba City Police Sergeant assigned to the Task Force. The Sergeant shall work under the immediate operational supervision and direction of the Task Force Commander and shall adhere to the departmental policies and procedures and the published policies and procedures of the Yuba-Sutter Narcotic Enforcement Team. In the event of a policy conflict, the Task Force Sergeant shall adhere to the policy of Yuba City Police Department.
The Task Force Sergeant will be compensated through the Yuba City Police Department in accordance with their existing salary.
VII. BUDGET
Other than the direct cost of assigned personnel, the Yuba-Sutter Narcotic and Gang Enforcement Task Force will be funded by the "Funding Agencies." A yearly budget will be prepared by the Task Force Commander and submitted to the Task Force Council by March 31 for approval. The funding agencies of the Task Force will transfer funds to an operating account maintained by the Yuba City Finance Department. Details on expenditure of budgeted funds will be formatted in the Policy and Procedures Manual.
Until such time as agreements and budgets are completed and approved, the Yuba-Sutter Narcotic and Gang Enforcement Task Force will make use of asset forfeiture funds in the same manner that is currently in effect.
VIII. TRAINING
Training will be handled by participating agencies according to their individual budgets and departmental requirements. Training expenses may be supplemented by Yuba-Sutter Narcotic and Gang Enforcement Task Force funds when available. Each participating agency will agree that emphasis will be given to their officer(s) completing a basic two-week narcotic investigations course and the clandestine laboratory investigation course and applicable gang trainings. Due to short term rotation policies, long term training procedures will not be implemented.
IX. ANNUAL REPORT
The Task Force Commander will provide the Task Force Council with an annual report of activity no later than March 31 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 monthly reports. The report shall contain sufficient information regarding controlled substance abuse and trafficking trends, as well as gang membership, criminality and violence, to enable the Council to reassess task force goals and objectives.
4 X. RESOURCES
Each of the below listed agencies have agreed, by virtue of the signature of the department head affixed to this MOU, to contribute the following personnel and/or resources to the Yuba-Sutter Narcotic and Gang Enforcement Task Force in each year of this agreement.
The officer/deputy assigned to the Yuba-Sutter Narcotic and Gang Enforcement Task Force as a permanent member of the unit will have, as a minimum standard of acceptance, a basic POST certificate and have completed his entry level probationary period. This shall not include any officer/deputyassigned on a temporary basis for special assignment, training, etc., nor shall it include the Sutter County Probation Officer assigned to the task force.
All personnel assigned to the Yuba-Sutter Narcotic and Gang Enforcement Task Force shall work under the immediate operational supervision and direction of the unit commander or his/her designee and shall adhere to the rules and regulations of their individual department and the Yuba-Sutter Narcotic and Gang Enforcement Task Force as set forth in the Policy and Procedures Manual. In the event of a policy conflict. personnel shall adhere to the policy of their employing agency.
The officer/deputy assigned to Yuba-Sutter Narcotic and Gang Enforcement Task Force shall generally be obligated to a three-year commitment with a fourth-year option.
Yuba County Sheriff's Office
• Two sheriff's deputies (One narcotic agent and one gang agent) • One-third contribution of operational funds
• Evidence storage at YCSO
• Standard complement of investigative and safety equipment • Two undercover vehicles and two radios
Marysville Police Department
• One police officer
• One undercover vehicle with radio
• Evidence storage at MPD
• Standard complement of investigative and safety equipment Yuba City Police Department
• Two police officers (One narcotic agent and one gang agent) • One police sergeant
• One undercover vehicle with radio
• One-third contribution of operational funds
• Evidence storage at YCPD
• Standard complement of investigative and safety equipment • Provide accounting services for accounts payable and asset forfeiture proceeds. 5 Sutter County Sheriff's Office
• Two sheriff's deputies (One narcotic agent and one gang agent) • One full-time clerical position*
• One-third contribution of operational funds
• Evidence storage at SCSO
• Standard complement of investigative and safety equipment • Two undercover vehicles and two radios
*The clerical position provided by the Sutter County Sheriff's Office will be funded as follows.
The Sutter County Sheriff's Office, the Yuba County Sheriff's Office and the Yuba City Police Department will each reimburse the County of Sutter for one third (1/3) of the clerical's salary and benefits.
Sutter County Probation Department
• One (armed) Probation Officer at 20 hours per week minimum • Standard complement of investigative and safety equipment California Highway Patrol
• One CHP officer
• One undercover vehicle with radio
• Standard complement of investigative safety equipment Yuba County and Sutter County DA's Office
• Legal support and case prosecution
XI. FACILITIES, EQUIPMENT AND PROPERTY
Any and all property, including equipment, furniture, furnishings of whatever kind or description, purchased or acquired shall be the property of each funding agency and at the termination of the MOU and whereupon no new agreement or MOLT is reached, all said property shall be divided up, and assigned to specific funding agencies by mutual agreement of the Budget Committee.
Any equipment under the control of the Yuba-Sutter Narcotic and Gang Enforcement Task Force purchased with task force funds, seized and placed into service or provided by a participating agency which is damaged, broken, misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an officer or agent assigned to the Yuba-Sutter Narcotic Enforcement Team, shall be repaired or replaced by the agency of the responsible employee at the determination of the Task Force Council.
With respect to facilities, the funding agencies will pay all costs associated with the following items:
I. Task force office space.
2. Installation, maintenance and monthly fees for local and long-distance telephone service. 6 3. Telephone equipment with future upgrading to be done with task force funds.
4. Any and all utilities associated with the task force office.
5. Computers, printers and modems connected to DOJ's network system.
XII. ASSET FORFEITURE
All asset proceeds derived from the Yuba-Sutter Narcotic and Gang Enforcement Task Force activities will be deposited into the operations account previously identified and maintained by the Yuba City Finance Department.
In reference to joint investigations or multi-jurisdictional involvement, the following distribution of assets will be implemented. One-third to the investigating agency, one third to the home jurisdiction agency and one third to the Yuba-Sutter Narcotic Enforcement Team.
In instances where a member agency requests that a Task Force Agent respond to assist in a case that involves asset forfeiture, the task force will share in the proceeds from the asset seizure at the amount of 50 percent. (This would only occur if the task force is called out solely to serve asset forfeiture paperwork and handle the seizure.)
If a member agency requests the task force's assistance on a clandestine lab or narcotics investigation which requires any additional follow-up investigation, the task force will receive all assets.
In reference to Yuba-Sutter Narcotic and Gang Enforcement Task Force asset forfeiture assistance requests from the California Highway Patrol, the task force will receive its share in accordance to the M.0. U.
All vehicles and property will be sold at auction with the proceeds directed to the respective district attorney's office for distribution pursuant to the Health and Safety Code asset forfeiture laws. All proceeds directed to the Yuba-Sutter Narcotic and Gang Enforcement Task Force will be deposited into the Yuba-Sutter Narcotic and Gang Enforcement Task Force asset forfeiture account.
All proceeds distributed to the Yuba-Sutter Narcotic and Gang Enforcement Task Force will be placed in the Yuba-Sutter Narcotic and Gang Enforcement Task Force account and those funds that exceed the anticipated operating expenses of the task force may be divided as per agreement (five ways). A reasonable reserve shall be established by the Task Force Council. Modification to the asset forfeiture agreement requires approval by the members of the Task Force Council.
Five ways is defined as one share (25%) for the Yuba City Police Department; one share (25%) for the Sutter County Sheriff's Office; one share (25%) for the Yuba County Sheriff's Office; and one half of one share (12.5%) each to the Yuba County and Sutter County District Attorney's Offices. The Marysville Police Department, Sutter County Probation Department and California Highway Patrol will not receive a share.
7 XIII. ADMINISTRATION AND AUDIT
Any and all records pertaining to the Yuba-Sutter Narcotic and Gang Enforcement Task Force shall be readily available for examination and audit by any 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 (3) three years after termination of the agreement, whichever is sooner.
A formal administrative inspection of the Yuba-Sutter Narcotic and Gang Enforcement Task Force will be performed as directed by the Task Force Council. The Task Force Council will determine when an inspection will be conducted, who will conduct the inspection and what areas will be inspected. A report will be completed by the person(s) conducting the inspection, and the completed report will be presented to the Task Force Council within 30 days of the completion of the inspection.
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
For the purpose of indemnification, each participating agency of the Yuba-Sutter Narcotic and Gang Enforcement Task Force shall be responsible for the acts of its participating employee(s) and shall incur any liabilities arising out of the services and activities of those employees while assigned to the Yuba-Sutter Narcotic Enforcement Team. Personnel assigned to the Yuba-Sutter Narcotic and Gang Enforcement Task Force 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.
XVI. PRESS RELEASES
The only individuals authorized to make press releases concerning the activity of the Yuba-Sutter Narcotic and Gang Enforcement Task Force are the Task Force Chairman or his/her designee, and the Task Force Commander or his/her designee.
XVII. CLANDESTINE LABORATORY INVESTIGATIONS
Allied agency department employees, including those assigned to a drug task force, shall not enter a "confined space" (as defined in Title 8, Section 5156, General Industry Safety Orders) unless properly trained and equipped pursuant to Title 8, Section 5157 et seq.
XVIII. 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 Task Force manual, which is specific in content to the needs, objectives and goals of the Yuba-Sutter Narcotic Enforcement Team.
XIX. TERM OF AGREEMENT
8 This agreement shall commence on November 4th, 2025 and shall remain operational through June 30, 2026. In future years, the MOU shall be signed annually to commence on January 1 of each year. The participating agencies may, by mutual agreement, elect to extend the MOU, but such a decision shall be made via a signed renewal statement of understanding.
Any party may terminate its participation in this agreement by submitting advance written notice for good cause to the Task Force Council Chairperson thirty (30) days prior thereof. If that party's withdrawal will affect budgetary decisions or division of assets, the Task Force Council will meet and develop an equitable solution. The Yuba-Sutter Narcotic and Gang Enforcement Task Force will only be responsible for financial obligations incurred by task force participating agencies during the term of this agreement.
XX. AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below.