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HomeMy WebLinkAboutE-15 Staff Report - MOU_Azusa_CovinaMOU with Covina Police Department June 19, 2017 Page 2 CONSENT ITEM E-15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY BUTZLAFF, ICMA-CM, CITY MANAGER FROM: STEPHAN HUNT, CHIEF OF POLICE DATE: JUNE 19, 2017 SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE CITY OF COVINA AND THE CITY OF AZUSA FOR JOINT TASKFORCE OPERATION INVESTIGATIONS SUMMARY: The City of Covina has begun the process of re-building their Special Enforcement Team to handle complex, task force level criminal investigations. The Azusa Police Department Special Enforcement Team has been investigating major criminal organization for the past eight years on both the State and Federal levels. The City of Covina would provide one officer to work with the Azusa Police Department Special Enforcement Team to assist with investigations and receive training. The Memorandum of Understanding (MOU) has been approved as to form by the City Attorney. The proposed action approves a three (3) year MOU agreement between the City of Covina and City of Azusa for joint taskforce operation investigations. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Approve the attached three (3) year Memorandum of Understanding (MOU) agreement between the City of Covina and City of Azusa for joint taskforce operation investigations; and 2) Approve the City Manager to execute the agreement, in a form approved by the City Attorney. DISCUSSION: The Police Department’s Special Enforcement Team (SET) has been involved in the investigation of major crimes involving complex criminal organizations for the past eight (8) years. During that time the SET team has developed an expertise in the conduction of these investigations resulting in successful prosecutions at both the State and Federal levels. APPROVED CITY COUNCIL 6/19/2017 MOU with Covina Police Department June 19, 2017 Page 2 The Covina Police Department is in the process of re-building their SET team to conduct these types of investigations. During conversations between the agencies a training opportunity was discussed involving the Covina Police Department assigning one (1) officer to work with the Azusa Police Department SET team. This would allow the Covina officer to receive training which could be used to re-build his/her agencies SET team. The immediate benefit to the Azusa SET team is one (1) additional officer would be added to assist with investigations at no cost to the City. The future benefit would be that both agencies could leverage resources and combine manpower when needed on cases that require a larger team to complete. The cities of Azusa and Covina Police Departments have worked very well together over the years supporting each other during mutual aid events. This opportunity would allow us to continue with that positive relationship and build another fully functioning SET team that can share resources and work cases to a successful conclusion. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Prepared by: Reviewed and Approved: Samuel Fleming Stephan E. Hunt Operations Captain Chief of Police Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachments: 1) Memorandum of Understanding between the City of Azusa and City of Covina. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND CITY OF COVINA REGARDING JOINT OPERATIONS 1. PARTIES The parties to this Memorandum of Understanding (MOU) are the City of Covina and the City of Azusa acting through their individual Police Departments, the Covina Police Department (Covina PD) and the Azusa Police Department (Azusa PD). 2. TERM The term of this MOU shall begin upon the date of execution by all parties hereto and shall continue thereafter unless terminated earlier pursuant to Section __ of this MOU. 3. AUTHORITIES Nothing in this MOU is intended to conflict with current law, regulation or policy. Further, nothing in this MOU is intended to restrict the authority of either party to act as provided by law or regulation, or to restrict any agency from enforcing any laws within its authority or jurisdiction. If any term of this MOU is inconsistent with law, regulation or other authority, then that shall be invalid, but the remaining terms and conditions of this document shall remain in full force and effect. 4. Purpose The purpose of this MOU is to set forth the terms by which the parties will conduct joint counter-narcotics activities. The initiative will enhance cooperation and focus the combined investigative powers, experience and expertise of the parties as a means to identify, investigate, and prosecute narcotics smugglers and Transnational Criminal Organizations (TCOs). 5. METHODS OF OPERATION AND RESPONSIBILITIES All matters governing operating standards and procedures will be accomplished within Constitutional guidelines, insuring the rights of citizens, and considering the duty of law enforcement to deter crime and detect, arrest, and prosecute individuals engaged in illicit activity. Whenever possible, Covina PD agrees to assign one sworn officer, to any investigation or joint operation with the Azusa PD. Covina Officer(s) assigned to the Azusa PD SET Team will work full time under the direct supervision of the Azusa Police Department Detective Bureau Lieutenant and Team Supervisors. All members will follow the policies, procedures, and guidelines enacted for the program. Should any of the aforementioned policies, procedures, or guidelines conflict with the police, procedures, guidelines, training or tactical guidelines of a participating parent agency, the individual member will immediately bring the conflict to the attention of the supervisor. The individual member shall abide by the directives of the parent agency until such conflict is resolved. The Azusa PD Detective Bureau Lieutenant shall ensure that the appropriate action to resolve the confl ict is initiated without delay. 6. PRESS RELEASES All press release or media notifications relating to the joint activities of the parties shall be coordinated and made jointly whenever possible. Neither party shall make a unilateral press release regarding any investigation or enforcement action in which the other party was involved or contributed to without the prior approval of the other party. Media release shall not include information regarding confidential investigative sources, techniques, privileged information or information protected from disclosure by law or policy. 7. EQUIPMENT Each party shall be responsible for providing all equipment necessary for its personnel to carry out its duties while participating in joint investigations or operations. 8. MODIFICATION The terms of this MOU may be modified by the signed, written agreement of both parties. 9. DECONFLICTION AND INFORMATION The parties agree that the de-confliction process requires the sharing of certain operational information, which, if disclosed to unauthorized persons, could endanger law enforcement personnel and the public. Neither party shall disclose the other’s records or any other information that is privileged or confidential, law enforcement sensitive or otherwise prohibited from disclosure by law, regulation, or policy, without permission of the originating agency. The parties agree to adopt security measures set forth herein: a. Each party will assign primary points of contact. b. Each party agrees to keep its points of contact list updated. 10. TERMINATION Either party may unilaterally terminate this MOU upon 30 days written notice to the other. The parties agree that if they exercise the right of unilateral termination it shall, to the extent practicable, do so in a manner as to minimize any adverse impact on the other party. 11. INDEMNIFICATION The City of Azusa agrees to defend, indemnify and hold the City of Covina, its elected and appointed officials, officers, agents, employees and volunteers harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's fees, arising out of or in any way connected with the City of Azusa’s negligent performance of this MOU. Azusa assumes worker’s compensation liability for injury or death of its officers, agents, employees and volunteers, and assumes no worker’s compensation responsibility for the elected and appointed officials, offic ers, and employees of Covina. Subrogation and contribution rights by one city against the other are expressly waived. The City of Covina agrees to defend, indemnify and hold the City of Azusa, its elected and appointed officials, officers, agents, employees and volunteers harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's fees, arising out of or in any way connected with Covina's negligent performance of this MOU. Covina assumes worker's compensation liability for injury or death of its elected and appointed officials, officers, and employees, and assumes no worker’s compensation responsibility for the officers, agents, employees and volunteers of Azusa. Subrogation and contribution rights by one city against the other are expressly waived. 12. POINTS OF CONTACT The points of contact and recipient for all required notices shall be the following: a. Azusa PD Lieutenant Chris Grant 725 North Alameda Avenue Azusa, CA 91702 Office: (626)812-3264; Cell: (626) 484-2700 b. Covina PD Lieutenant Ric Walczak 444 N Citrus Avenue Covina, CA 91723 Office: (626)384-5611; Cell: 13. NO PRIVATE RIGHT CREATED This MOU is an internal document and does not create or confer any right or benefit on any other person or party, private or public. 14. SIGNATORIES This MOU is agreed to by the signatures of the duly authorized officials of the parties as set forth below, who warrant that they are authorized to bind their respective agency to this MOU. SIGNED AND AGREED UPON: DATE: ____________________________________ Stephen Hunt Chief of Police Azusa Police Department DATE: ____________________________________ John Curly Chief of Police Covina Police Department