Public Safety Committee
May 14, 2024
AGENDA REPORT
TO: Jestin D. Johnson
City Administrator
FROM: Darren Allison
Interim Chief of Police, OPD
SUBJECT: Alameda County OPD Narcotics
Taskforce MOU
DATE: April 16, 2024
City Administrator Date
Approval
RECOMMENDATION
Staff Recommends That The City Council Adopt A Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Understanding (MOU) With Alameda County, The City Of Alameda, The City Of Hayward , East Bay Regional Parks, Oakland Housing Authority, Bay Area Rapid Transit, And California Highway Patrol To Participate In The Alameda County Narcotics Taskforce (ACNTF), From July 1, 2024 Through June 30, 2029.
EXECUTIVE SUMMARY
The Alameda County Narcotics Taskforce (ACNTF) is composed of personnel from Oakland Police Department (OPD) as well as personnel from two Alameda County cities who partner with the Alameda County Sheriff’s Office (ACSO), Alameda County District Attorney’s Office (ACDA), and Alameda County Probation Department. The task force includes East Bay Regional Parks, Oakland Housing Authority, Bay Area Rapid Transit, and California Highway Patrol. Through this MOU, one or more OPD officers can be assigned to work with ACNTF partners on narcotics operations. The City Charter requires Council approval for all agreements with other government agencies. OPD cannot formally participate in ACNTF meetings and investigations unless the City Council adopts the proposed resolution to allow the City Administrator to sign the ACNTF MOU.
BACKGROUND AND LEGISLATIVE HISTORY
ACNTF member cities have been partnering since 1990 to stem the flow of illegal drugs into Alameda County, and to support the disruption of locally operating major drug distribution networks. OPD personnel see the value in this partnership because of 1) the proven dangers of illegal narcotics abuse and 2) the proven nexus between illegal narcotics distribution and violent crime. The Analysis and Policy Alternatives Section below highlights several criminal investigations involving dangerous firearms. The ACNTF is directed by a county-led Executive Policy Committee.
Jestin Johnson (Apr 18, 2024 16:09 PDT)
Apr 18, 2024
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 2
Public Safety Committee
May 14, 2024
ANALYSIS AND POLICY ALTERNATIVES
This policy advances the Citywide Priority of responsive, trustworthy government. OPD’s collaboration with the ACNTF helps OPD to target not only illegal drug and narcotics trafficking but violent crime connected to illegal drug trafficking and associated networks through investigation via intel led policing.
Purposes of the Alameda County Narcotics Taskforce are to:
1. The interdiction of illegal drugs into Alameda County.
2. The disruption of major drug distribution networks operating within Alameda County.
3. The targeting, investigating, and prosecuting 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, in accordance with California law.
5. The promotion of coordinated drug enforcement efforts throughout the County with maximum cooperation between all law enforcement and prosecutorial agencies.
6. Protect Drug Endangered Children through full enforcement of child protection laws and services.
7. The seizure of illegal or prohibited firearms being used to further criminal activity.
Additional Information Concerning Narcotics Related Crimes that Impact the Oakland Community
While it’s difficult to quantify the absence of crime, operations that remove firearms and illegal narcotics from the Oakland community may lead to less criminal activity. The evaluation of ACNTF’s impact should consider this effect. Table 1 (below) illustrates the ACNTF Seizures as a result of 2023 operations:
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 3
Public Safety Committee
May 14, 2024
Table 1: ACNTF 2023 Seizures
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 4
Public Safety Committee
May 14, 2024
OPD staff believes that some of these firearms and illegal narcotics, seized through the above operations, may have otherwise entered Oakland communities that already face high levels of violent crime and illegal narcotics trafficking.
In 2023, OPD’s Criminal Investigations Division (CID) was composed of the following sections and units:
• Homicide;
• Felony Assault;
• Robbery;
• Burglary;
• General Crimes ;
• Special Victim Units;
• Domestic Violence; and
• Violent Crime Operations Center (VCOC)
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 5
Public Safety Committee
May 14, 2024
These units worked collaboratively with OPD commanders to investigate crimes occurring in Oakland. Police captains for the six Oakland Police Area Divisions had officers deployed in VCOC units. Captains used VCOC units, when appropriate, to investigate illegal narcotics trafficking and its connections to individuals and groups connected to violent crime and illegal narcotics trafficking. However, in January 2024, the VCOC was separated into two units, one serving Policing Areas 1/2/3 Bureau of Field Operations 1 (BFO1) and the other serving 4/5/6 Bureau of Field Operations 2 (BFO2). The BFO1 team was renamed to Special Resources Section (SRS) West, while the BFO2 team was renamed Special Resources Section (SRS) East. Both teams would partner with their respective Community Resource Officer teams already established within BFO1 and BFO2. This reorganization of the SRS West and SRS East models provides more consistent and broader coverage of these proactive teams throughout the city.
OPD does not currently have enough budgeted positions to dedicate to an independent unit strictly for enforcing and investigating illegal narcotics crimes. For this reason, staff believes in the importance of regional collaborations such as the ACTNF, which provide opportunities for resource and information sharing.
The ACNTF allows OPD’s CID to leverage the resources of other ACNTF partners. There is one officer deployed full-time to the taskforce, and this position can achieve more through ACNTF collaboration than if the position could not work as part of a regional investigative team.
Illegal Narcotics Trafficking Enforcement Priorities
The interdiction of illegal drugs into Alameda County.
2. The disruption of major drug distribution networks operating within Alameda County.
3. The targeting, investigating, and prosecuting individuals who organize, direct, finance, or otherwise engage in high- level drug trafficking enterprises or money laundering.
4. The seizure of assets derived thr ough drug trafficking, in accordance with California law.
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 6
Public Safety Committee
May 14, 2024
Updated ACNTF Fentanyl and Arrest/Search Warrant/Probation Search Data
Asset Forfeiture Rules Related To ANCTF
ACNTF recognizes that the principal objective of forfeiture is law enforcement and will use civil and criminal asset forfeiture laws to de -incentivize the pursuit of ill-gotten gains from the sale of narcotics. The ACNTF shall identify, and where appropriate, lawfully seize assets for forfeiture.
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 7
Public Safety Committee
May 14, 2024
B. It is agreed that ass ets 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. 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 when such assets are seized.
2. 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.
3. All distributions of asset forfeiture funds will be made after the deduction of administrative costs and apportionment as prescribed by California law and/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. Seized assets will be reported at the monthly EPC meeting. Distribution of adjudicated assets to participati ng agencies will be based on authorization from the Project Director.
6. All asset forfeiture funds pending adjudication or awaiting distribution are stored with the Alameda County District Attorney’s Office. These funds are audited per policy by the Alameda County Auditor’s Office. Any funds seized pursuant to search warrants in other Counties shall be managed by those County District Attorneys’ Offices. The Alameda County District Attorney’s Office will receive and manage the funds during the court process for any assets seized in this County.
Any funds deemed by the applicable District Attorney’s Office as ready for equitable sharing, shall be forwarded to ACNTF for distribution amongst the participating agencies.
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 8
Public Safety Committee
May 14, 2024
PUBLIC OUTREACH / INTEREST
No outreach was deemed necessary for this report beyond the standard City Council agenda noticing procedures.
COORDINATION
OPD consulted with the budget bureau and the Office of the City Attorney in the development of this report and accompanying resolution.
FISCAL IMPACT
There are no personnel or other costs to OPD associated with membership in the ACNTF; OPD will designate one or more officers already employed through OPD’s operating budget. Any distributions of forfeited assets from ACNTF to OPD shall be deposited into Fund 2160, Org 102310, Account 46319, Project TBD, and Program TBD.
SUSTAINABLE OPPORTUNITIES
Economic: There are no economic opportunities associated with this report.
Environmental: There are no environmental opportunities associated with this report.
Race and Equity: OPD’s collaboration with the ACNTF helps OPD to target not only illegal drug and narcotics trafficking but violent crime connected to illegal drug trafficking and associated networks through investigation via intel led policing. All residents and visitors benefit from these efforts to investigate and prosecute individuals involved in this illegal and dangerous activity.
Jestin D. Johnson, City Administrator
Subject: Alameda County OPD Narcotics Taskforce MOU Update Report Date: April 16, 2024 Page 9
Public Safety Committee
May 14, 2024
ACTION REQUESTED OF THE PUBLIC SAFETY COMMITTEE
Staff Recommends That The City Council Adopt A Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Understanding (MOU) With Alameda County, The City Of Alameda, The City Of Hayward, East Bay Regional Parks, Oakland Housing Authority, Bay Area Rapid Transit, And California Highway Patrol To Participate In The Alameda County Narcotics Taskforce (ACNTF), From July 1, 2024 Through June 30, 2029.
For questions regarding this report, please contact Steve Valle, Acting Captain, at [email protected].
Reviewed by:
Fred Shavies, Acting Deputy Chief
OPD, Bureau of Investigations
Steve Valle, Acting Captain
OPD, Ceasefire
Prepared by:
Tracey Jones, Police Services Manager
OPD, BOS, Research and Planning
Attachment (1)
A: Alameda OPD Narcotics Taskforce MOU