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HomeMy WebLinkAbout07 PD CONTINUED PARTICIPATION IN OC AUTO THEFT TASK FORCEAGENDA REPORT MEETING DATE: APRIL 6, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE Agenda Item Reviewed: City Manager Finance Director 7 N/A SUBJECT: POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE ORANGE COUNTY AUTO THEFT TASK FORCE SUMMARY: The current Memorandum of Agreement (MOA) amongst the various governmental agencies forming the Orange County Auto Theft Task Force (OCATT) expired in January 2010. The new MOA is necessary to grant the Police Department's continued participation in the program. The new MOA will be for an eight-year period, as set forth in California Vehicle Code section 9250.14 as amended by Assembly Bill 286. The Police Department has one police officer assigned to the program. RECOMMENDATION: It is recommended that the City Council: Approve the Police Department's continued participation in the Orange County Auto Theft Task Force (OCATT). Authorize the Chief of Police to sign the Memorandum of Agreement (MOA) and all related documents. FISCAL IMPACT: There will be no impact on the City's General Fund. All the operational costs of the program, plus the officer's salary, benefits and overtime are fully funded by the program. BACKGROUND: The California Legislature passed into law Senate Bill 2139, authorizing the Board of Supervisors to impose a one dollar fee on all vehicles registered in the County at the time of renewal. On January 12, 1993, the Orange County Board of Supervisors passed Resolution 93-54 allowing that fee to fund amulti-jurisdictional task force targeting vehicle theft. OCATT was formed as a result of this funding. Police Department's Continued Participation in OCATT April 6, 2010 Page 2 of 2 Vehicle theft remains the most costly property crime in California, and for that matter, in the United States. Due to the efforts of OCATT and other task forces, a substantial decrease in the number of vehicle thefts occurred for a third straight year in California. In 2008, there was more than a 12% decrease from the previous year in the number of vehicles stolen state-wide. Since 1999, there has not been a double digit decrease in the number of vehicles stolen in California. Even with the recent decrease, on average, a vehicle is stolen every two minutes in California! In 2008, 199,766 vehicles were stolen with an estimated value of $1.35 billion. The good news is approximately 87% of the vehicles were recovered due in large part to task forces such as OCATT. The Tustin Police Department began participation in the program by assigning one officer in September 2007. The officer's salary, benefits, and overtime are reimbursed on a monthly basis. The assigned officer has provided outstanding intelligence and training to fellow personnel, allowing the department to be more effective in combating the crime of auto theft. In addition, OCATT has made itself readily available to Tustin PD on many occasions to support labor-intensive surveillances. ~~. SCOTT M. JOR N, Po ice Chief ~ ~~ STEVE LEWIS Captain MEMORANDUM OF AGREEMENT ORANGE COUNTY AUTO THEFT TASK FORCE Updated January 2010 This Memorandum of Agreement ("M.O.A.") is made and entered into as of January 1, 2010, which date is stated for purposes of reference only, by and between the following parties: City of Brea, California; City of Buena Park, California; City of Fullerton, California; City of Huntington Beach, California; City of Laguna Beach, California; City of Newport Beach, California; City of Placentia, California; City of Tustin; California; U.C. Irvine; California Highway Patrol; California Department of Insurance; California Department of Motor Vehicles; and the County of Orange, a political subdivision of the State of California ("County"). The above-listed entities may be referred to individually as "Party" or collectively as "Parties." I.OVERVIEW In an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bi112139 (Vehicle Cade Section 9250.14). This bill authorizes the Board of Supervisors to impose aone-dollar fee on all vehicles registered in the County at the time of registration renewal to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute vehicle theft crimes. On January 12, 1993, The Orange County District Attorney, in conjunction with the Orange County Chiefs' and Sheriff s Association, requested the Board of Supervisors adopt a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund amulti- jurisdictional vehicle theft task force. Resolution No. 93-54 was adopted unanimously, which results in an additional $1.00 fee to be charged on each Orange County new and renewal vehicle registration. Assembly Bill 286 amended Vehicle Code Section 9250.14 to extend the repeal date to January 1, 2018 and thus extend the $1.00 fee to be charged on vehicle registrations and the continuous appropriation to fund the multi jurisdictional vehicle theft task force. Vehicle theft is the most costly property crime in the United States. Auto theft results in monetary losses to victims and affects auto insurance costs for the driving public. Auto theft in Orange County has decreased I9.7 percent in 2008 as compared to 2007 statistics. There were 7,633 vehicles stolen in Orange County in 2008, which is approximately 4% of the statewide number of stolen vehicles. Combined efforts of California law enforcement agencies, and the hard work of the multi jurisdictional OCATT - MOA. January 2010 Page 1 of 11 vehicle theft task forces like Orange County Auto Theft Task Force (OCATT), coupled with prevention efforts by the public and vehicle manufacturers, have made for a substantial decrease in the number of vehicle thefts statewide for a third consecutive year. In 2008, there was a more than 12 percent decrease from the previous (2007) year, in the number of vehicles stolen statewide. Not since 1999 had there been a double digit decrease in the number of vehicles stolen in California. Even with the recent decrease, on average, a vehicle is stolen every two minutes in California. In 2008, 199,766 vehicles were stolen in California with an estimated value of $1.35 billion. Of the vehicles stolen statewide in 2008, nearly 87 percent were successfully recovered. II. MISSION To reduce the incidence of vehicle theft and increase the apprehension of the professional vehicle thief. A. Objectives 1. Interface with the Regional Narcotics Suppression Program (RNSP), Orange County Gang Task Force, Orange Coast Regional Career Criminal Apprehension Program (CCAP), California Highway Patrol (CHP) Investigative Services, Department of Motor Vehicles (DMV), Department of Justice (DOJ), and all agencies within Orange County for the sharing of intelligence related to vehicle theft. 2. Increase the arrests of vehicle theft suspects, particularly the professional thieves participating in stripping, renumbering for resale, exportation, and car jackings. 3. Identify locations supporting vehicle theft offenses and take the appropriate enforcement action. These locations may include legitimate businesses (repair/body shops and dismantlers) used for illegal activities and sites of "chop shop" operations. 4. Identify local trends and/or patterns of vehicle theft activities targeted by task force investigators. 5. Increase the recovery rate of stolen vehicles in Orange County. 6. Provide a fundamental, vehicle theft investigation repository of vehicle theft expertise, support, coordination and functional database. 7. Provide a forum for public awareness of vehicle theft prevention. This will be accomplished through coordination with local media to expose the vehicle theft program and encourage public participation, while discouraging potential vehicle thieves. OCATT - MOA. January 2010 Page 2 of 11 III. TASK FORCE ORGANIZATION OCATT, having already been formed by participating law enforcement agencies, is organized as follows: A. Executive Committee The Executive Committee shall act as the Board of Directors of the Orange County Auto Theft Task Force and direct the affairs of such. The Executive Committee shall be comprised of members from law enforcement agencies. The composition of the Executive committee may be adjusted with a majority vote of the existing Committee members. Members of the Executive Committee should meet as needed, to review task force operations and provide guidance and input. The Chief of the District Attorney's Bureau of Investigation Unit shall serve as Director and Chairperson of the Executive Committee. Quorum voting of the Executive Committee shall be by majority vote and by committee members only. Board vacancies shall be filled by majority vote of the Executive Committee. B. Task Force Coordinator A Lieutenant of the California Highway Patrol will staff the Coordinator's position. The coordinator will be responsible for management of the task force and will be accountable to the Executive Committee. The lieutenant will dedicate that amount of time necessary to efficiently manage the Task Force. The Parties to this M.O.A. agree that the coordinator's salaries and benefits will not be reimbursed by the task force fund. C. Supervision The task force will be comprised of two investigative teams assigned by the task force coordinator, dictated by vehicle theft trends and demographics. Supervision of the investigative teams will be the responsibility of the sergeant, a working member of the team. Selection of task force supervisors will be based upon level of expertise, previous performance and availability. Selection of the supervisors will be from a qualified pool of candidates provided by participating agencies. The selection shall be the responsibility of the task force coordinator with concurrence of the Executive Committee. The Parties to this M.O.A. agree that salaries and benefits associated with supervisory positions will be reimbursed by the task force fund. D. Prosecution Staff The District Attorney's Office will assign up to two prosecutors and one investigator to work alongside task force members. The prosecutors will provide legal review and file task force cases warranting criminal complaints. All task force cases will be vertically prosecuted. Page 3 of 11 OCATT - MOA. January 2010 The District Attorney's investigator will act as liaison between task force members and prosecutors and participate in investigations and the tiling of criminal cases. The Parties to this M.O.A. agree that salaries and benefits for these three positions will be reimbursed by the task force fund. E. Investigators The task force shall be staffed by qualified detectives/investigators. Assignment to the task force shall be for a minimum of two years. Due to the sensitive nature of the position, personnel recommended for assignment will be subject to selection interviews by the coordinator and supervisors. Consideration for assignment is based on previous performance, investigative experience and ability to work well with others in a covert and close environment. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force assignment. Should the task force coordinator have cause to remove a member, he shall discuss the issue with the participating agency. If the participating agency does not concur with the task force coordinator's decision to remove the member, the issue shall be forwarded to the Executive Committee for resolution. It is agreed, however, the resolving of operational issues at the lowest level serves the best interest of the task force. The Parties to this M.O.A. agree that salaries and benefits associated with these detectives/investigators will be reimbursed from the task force fund. F. Administrative Support Staff The Office of the District Attorney will provide up to two Attorney's Clerk to the task force. These positions will support office/administrative operations and task force personnel and provide clerical liaison between participating agencies. An Accounting staff will be provided by the Office of the District Attorney to handle all aspects of accounting; budgeting; purchasing; financial reporting including receipt, disbursement and reconciliation of task force fund. This position will be responsible for providing a quarterly and/or annual accounting of the fund. The Parties to this M.O.A. agree that the salaries and benefits for these three positions will be reimbursed by the task force fund. G. California Department of Insurance (DOII The Department of Insurance will assign one full-time investigator to the task force. The Parties to this M.O.A. agree that all salary and benefit expenses for this member will be paid by DOI and will not be reimbursed by the task force fund. Further, the Parties to this M.O.A. agree that overtime expenses for this member will be reimbursed to DOI by the task force fund. Refer to Section IV.D, Overtime, for further requirements. DOI will provide this investigator's vehicle. OCATT may provide a vehicle if one is available. OCATT - MOA. January 2010 Page 4 of 11 H. Department of Motor Vehicles (DMV) Special Investigator The Department of Motor Vehicles, Investigations Division, will assign an investigator to the task force on a part time basis to assist with records information including vehicle backgrounds, fraudulent identification (vehicles/persons), identification of suspects, document analysis, etc. Expenses for this investigator position will not be reimbursed by the task force fund. Should the need for afull-time investigator develop, the Department of Motor Vehicles has offered to provide one full-time investigator. The Parties to this M.O.A. agree that the investigator's salaries and benefits will not be reimbursed by the task force fund. Further, the Parties to this M.O.A. agree that overtime expenses for the investigator will be reimbursed by the task force fund. Refer to Section IV.D, Overtime, for further requirements. The investigator will provide his/her vehicle, safety equipment and radio, etc. when reporting to the task force. UCATT may provide a vehicle if one is available. I. California Highway Patrol The Department of California Highway Patrol (CHP) will assign two (2) full-time officers to work as investigators to the task force. The Parties to this M.O.A. agree that all salaries and benefits accrued by these investigators will be paid by the Department of California Highway Patrol and will not be reimbursed by the task force fund. Further, the Parties to this M.O.A. agree that overtime expenses for these investigators will be reimbursed to the Department of California Highway Patrol by the task force fund up to the maximum amount agreed upon in the Letter of AgreementlMemorandum of Understanding between the task force and CHP. Refer to Section IV.D, Overtime, for further requirements. The task force will supply general support items such as work space, office furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties. IV. FISCAL PROCEDURES A. Salaries and Benefits The task force coordinator, participating representatives from the Department of Insurance, the Department of Motor Vehicles, Orange County Probation, California State Parole, and investigators from the California Highway Patrol, will not be reimbursed for salaries and benefits. The salaries, benefits and overtime of all remaining task force participants will be reimbursed to the participating agencies by the task force fund. The personnel assigned to the task force will be paid by their respective agencies. OCATT - MOA. January 2010 Page 5 of 11 It shall be the responsibility of the coordinator to institute a system of checks and balances, whereby, the hours of each participant will be authorized and audited for accuracy. This information will be reported to the participating agencies' time analyst, with a copy to the task force accounting staff. The task force coordinator will retain a copy of this record. Members assigned to the task force whose salaries and benefits are reimbursed by the task force fund shall be assigned as a full time position. The administrative processing to determine payroll by the participating agencies will not be reimbursed. B. Participant Claims for Reimbursement Participating agencies may request reimbursement for task force members' regular salaries, benefits and overtime. Reimbursement will be based on actual hours of program participation. Overtime expense will be reimbursed using task force member's overtime pay rate at the time the overtime hours worked regardless of these hours being paid in cash or converted to compensation time off by participating agencies. Hence, to avoid duplicate billing, the compensation time off taken by task force members will not be reimbursed from the task force fund. When OCATT investigators attend training not related to OCATT duties, i.e. riot training, bomb squad, scuba diving, those hours will not be paid by OCATT. All claims are subject to approval by the Task Force Coordinator. It is the responsibility of the task force accounting staff to develop a format for claiming expenses, with appropriate substantiating data, and to provide a sample of the document to the participating agencies for claim purposes. Payment of submitted claims will be processed within 90 days of receipt of invoice in a format acceptable to the task force. In the unlikely event that revenues fall short of what is required for full recompense; reimbursement shall be made on a rQo rata, share basis. In no event will general revenues of the County be used to offset any shortage. Claims for reimbursement of travel, per diem, lodging, materials, or services necessary to perform task force activities shall be submitted on an approved claim form specific to task force operations. All claims are subject to approval by the task force coordinator and the County of Orange policies and procedures. Upon approval, the coordinator shall forward the reimbursement claims to the task force accounting staff for payment processing within 90 days of receipt of claims. C. Right to Audit Each party to this agreement shall make available to the county, at all reasonable times, their financial records relating to this agreement. The County or independent auditor may audit such records and, should the County determine ineligible costs have been reimbursed, the agency shall immediately repay that amount deemed ineligible. If not repaid within 30 days, the County may withhold the amount deemed ineligible from OCATT - MOA. January 2010 Page 6 of 11 future reimbursements. The parties shall maintain the original copies of the required records for a period of three years after the date the expense is reimbursed. D. Overtime The Executive Committee may approve a "not to exceed" monthly allocation of overtime to be utilized by the task force. Monthly amounts exceeding this allocation will require written justification by the task force coordinator for approval of the Executive Committee. E. Indirect Costs The County of Orange, through the Office of the District Attorney, receives and is the financial administrator for all source funds for the Orange County Auto Theft Task Force. As such, a significant amount of management time will be consumed for the administration of funds and expenditures associated with these funds, to be reimbursed to the Office of the District Attorney by the task force fund. F. ~ecial Fund The Office of the District Attorney, in order to facilitate task force operations, shall establish a special appropriation fund. These funds shall be used only as necessary, in the performance of duties relating to task force activities. Use of special fund will be limited to special and extraordinary expenses incurred during the investigation of vehicle thefts in accordance with Government Code Sections 29400 through 29407. Authorization to use these funds will be determined by the Executive Committee through its Chairperson. V. LIABILITY Each participating agency involved in the task force shall have full financial responsibility for their respective investigators assigned to the task force, including vehicle accidents and industrial injury claims. Additionally, the agency shall be responsible for any and all workers' compensation claims of their respective detective/investigator, in the event of injury during the course and scope of duties while assigned to the task force. The County, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence of participating agencies, officers or employees, and participating agencies shall hold the County, its officers and employees harmless from claims and damages resulting there from. Participating agencies and the County shall hold each other harmless from the liability for acts or omissions of the other. OCATT - MOA. January 2010 Page 7 of 1 l Each Party to this agreement agrees to defend, indemnify, and hold harmless the other Parties to this agreement, in regard to liability imposed on the agreeing Parties, due to acts or omissions of another Party's assigned employees. VI.OPERATIONAL LOCATION Appropriate space will be leased to house task force participants and equipment. The lease will be paid from the task force fund. The task force office will be centrally located within Orange County. Location will be selected by the task force coordinator in conjunction with County of Orange County Executive Office, and approved by the Executive Committee. VII. EQUIPMENT The task force coordinator will be responsible for coordinating the use of and tracking the equipment assigned to the task force and will utilize approved county procedures for the accounting of, and safeguarding capital assets and controlled equipment. A. Vehicles If the task force is unable to provide a vehicle to the member through task force resources, participating agencies agree to provide this equipment. In the event the task force purchases or leases vehicles for use by task force members; those vehicles will be placed under the County of Orange's self-insured liability policy. However, any losses, including traffic collisions, thefts, etc., that occur while the vehicle is under the control of a task force member, shall fall under the liability of the member's home agency, and that home agency shall defend, indemnify and hold harmless the other members, including the County, as detailed in section V of this Memorandum of Agreement. Maintenance of vehicles provided by the task force will be paid for by the task force fund. Each member of the task force will be issued a gasoline card, which shall be used to purchase gasoline and two car washes per month for their assigned OCATT vehicle. Members shall submit the receipts monthly to the coordinator who will review, approve and forward them to the District Attorney Fiscal Services for payment processing. B. Communications Equipment Hand held mini-radios and cellular telephones will be acquired in cooperation with the County of Orange County Executive Office and paid for by the task force fund. The coordinator, each supervisor, and each detective/investigator will be provided this equipment. Procedures are in place to ensure proper use and accountability of this equipment. OCATT - MOA. January 2010 Page 8 of 11 C. Additional Equipment Additional equipment including surveillance equipment, office equipment, computers, hand tools, binoculars, video cameras, etc. will be purchased by the task force fund and provided to members from task force inventory. Situations requiring air support, unique vehicles, or covert assets, will require cooperative scheduling and assistance from participating agencies. VIII. UNDERCOVER DOCUMENTS The use of covert identities to support or enhance undercover operations is essential. This may require detectives/investigators to possess undercover driver's licenses, and/or other sources of identification. The procurement, utilization, and control of these documents will rest with the participating agencies. Detectives/investigators will be expected to bring covert documents with them at the time of assignment. IX. ASSET SHARING Task force operations, which result in the potential for either State or Federal asset seizures, shall be brought to the attention of the Executive Committee. The Committee will assess whether or not an application for asset forfeiture sharing will be made pursuant to appropriate State or Federal law. Any forfeited funds paid to the task force shall be retained by the task force to pay for operational expenses. X. REPORTING A. The task force coordinator will be responsible for implementing a reporting system, which tracks team activities, statistics, and accomplishments of task force operations. This reporting system will serve as the basis for quarterly reports to the Executive Committee and ensure accountability of resources, personnel and equipment. B. The coordinator will submit an operational report to the Executive Committee on a semi-annual or annual basis. C. The annual report will be provided to the County Board of Supervisors, with copies to each participating City Council. OCATT - MOA. January 2010 Page 9 of 11 XI. AMENDMENTS TO THE M.O.A. The Parties may amend any portion of this M.O.A., as long as such amendments are done in writing and do not materially alter the obligations of the Parties hereunder. XIII. TERM OF AGREEMENT This agreement shall commence on January 1, 2010, and remain in effect until the termination of task force funding on the close of business, January 1, 2018, as set forth in Vehicle Code Section 9250.14 amended by Assembly Bi11286. Participating agencies may elect to terminate the agreement prior to its designated termination date. Any agency desiring to terminate its participation in this agreement shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. XIV. SIGNATURES The undersigned state they represent and have the authority to execute this agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the Orange County Auto Theft Task Force, as set forth in this agreement and for the period and purposes as stated herein. Chair, Board of Supervisors County of Orange City of Brea Date Date City of Buena Park Date California Highway Patrol Date OCATT - MOA. January 2010 Page 10 of 11 California Department of Insurance Date California Department of Motor Vehicles Date City of Fullerton Date City of Huntington Beach Date City of Laguna Beach Date City of Newport Beach Date Placentia Police Department Date ..%~~h! ~ ~ ~"w '~!3 Tustin Police D rtment Date U. C. Irvine Date ~AOVED AS TO FORM :'~* ~il;E OF THE COUNTY COUNSEL ARAN/E COU CA FOR ,3y l / ~D uty Date /0 /O OCATT - MOA. January 2010 Page 11 of 11