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HomeMy WebLinkAboutRESO 7946RESOLUTION NO. 7946 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING THE POLICE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR THE REGIONAL SEXUAL ASSAULT FELONY ENFORCEMENT [ S. A. F. E. ] TEAM OF SANTA CLARA COUNTY WHEREAS, the law enforcement agencies within Santa Clara County have developed a joint task force denominated the Santa Clara County Regional Sexual Assault Felony Enforcement (SAFE) Team for the purposes of coordinating law enforcement against known sexual habitual offenders within Santa Clara County; and WHEREAS, a memorandum of understanding has been drafted for execution by the chief executives of each of the law enforcement agencies cooperating in the SAFE Team, which memorandum provides for the temporary assignment to the SAFE Te?-m of one or more officers from each of the participating agencies for limited duration to supplement continuing supervisory participation from the Santa Clara County Sheriff as well as full-time participation from the Santa Clara County District Attorney, the California Department of Justice, the U.S. Marshal, the Federal Bureau of Investigation, U.S. Customs, Santa Clara County Probation, the San Jose Police Department and the Santa Clara Police Department; and WHEREAS, the Council of the City of Palo Alto desires to authorize and approve participation in the SAFE Team task force arrangement under the terms of the memorandum of understanding; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The City Council hereby authorizes the Police Chief to execute on behalf of the City of Palo Alto that document entitled "Santa Clara County Regional Sexual Assault Felony Enforcement (SAFE) Team Memorandum of Understanding for the Regional Sexual Assault Felony Enforcement Team of Santa Clara County" and dated November 23, 1994, attached hereto and incorporated herein by reference. SECTION 2. The City Council further authorizes the Police Department to participate in the SAFE Team according to the terms and conditions of the memorandum of understanding referenced above. II II 1 000322 cl 0044016 SECTION 3. The City Council finds that the action taken herein does not constitute a project under the California Environmental Quality Act requiring environmental. INTRODUCED AND PASSED: March 27, 2000 AYES: BEECHAM, BURCH, EAKINS, KLEINBERG, KNISS, LYTLE, MOSSAR, OJAKIAN NOES: ABSENT: FAZZINO ABSTENTIONS: A~ .• City Clerk 9 APPROVED: rney 2 000322 cl 0044016 ~'-'"' I. II. Ill. 'IV. v. VI. VII. VIII. IX. SANTA CLARA COUNTY REGIONAL '83~ 3~!1 03A!3JH SEXUAL ASSAULT FELONY ENFORCEMENT (IAFE) TEAM · . MEMORANDUM OF UNDERSTANDING tor The Regional Sexual Assault Felony Enforcement· Team of . . Santa Clara County S.A.F.E. TEAM Mission and Objectives Organization Fiscal Procedures Equipment Liability Standard Operating Procedures Amendments to the Memorandum of Understanding Terms of Agreement Signatures This Memorandum of Understanding '(MOU) is being executed by the agencies listed below for the purpose of forming the Santa Clara County Regional Sexual SAFE Team MOU 1 N<;>vember 23, 1994 11'-.1-1111 •-•-... -ll'-11•---,.,, __ --------• I ," I L •_,... \ . ......._.- 3Wl1 lNI~d WdiO:ll I '83j 3Wil 03AI3JH Assault Felony Enforcement (SAFE) Team. The agencies listed agree to abide . by the 1~rrns and provisions of this MOU thro~ghout the duration of this joint operation. . City of Campbell City of Gilroy City of Los Altos City of Los Gatos City of Milpitas City of Morgan Hill City of Mountain View City of Palo Alto City of San Jose City of Santa Clara · . City of Sunnyvale Santa Clara County Sheriff California Highway. Patrol Sarita Clara County District Attorney · U.S. Marshal's Office Federal Bureau of Investigation ·California State Parole California Youth Authority Parole California Department of Justice Santa Clara County Probation Bureau of lnvestig~tion U.S. Customs There are approximately 3500 registered sex offenders living In Sant.a Clara County. The law requires that all sex registrants notify the law enforcement agency where they live of their address and re register when th~y move.. Many . of these. sex registrants do not comply with the law. AB3513 signed by. the governor on September 26, .1994, will become law January 1, 1995. This new law makes failure. to comply with registration requirements (290 PC) a felony if the defendant is required to register for a feiOI'JY sex offense. Because most . ·felony sex offenses are also "serious" feloniesf most violations of this new law will be two or three ''strikesn cases. · I. MISSION AND OB!lECTIVES A. MISSION:· The mission of the SAFE Te~m is to reduce violent ·sexual assault crimes in Santa Clara County through pro-active enforcement focused on predatory sex offenders. B. OBJECTIVES: . 1. Establish a Santa Clara County Regional Task Force composed of· Municipal, County, State and Federal Law Enforcement officials to conduct proactive enforcement of predatory sex offenders as identified by the Department of Justice as Sexual Habitual Offenders and strict enforcement of 290 PC Registrants. 2. Design the SAF~ Team as a 6 month pilot project for potential application as a statewide model for other counties commencing December 1 , 1994. 3. Enhance the lines of formal and .informal communications between the 4. agencies participating in the project. · Monitor the activities of known sexual predators through records research and short-term sutveillance's. SAFE Team MOU 2' November 23, 1994 '--..· ' • I ._... 5. ~dSO:ll '£ ·s~. 3WI11NIMd ~diO:ll .-'93~ ·3~11 03AI3~3M I Ensure tha(registered s·ex offenders are in compliance with current laws and parole/probation restrictions as a tool when applicable. 6. Form a fulr.time core group of personnel from the agencies listed iri II.D. below combined w.ith personnel from the participating agencies on a part time rotational basis to reduce predatory sex crimes. II. ORGANIZATION: A. Executive Committee B. The Executive Committee is a committee formed from the members of: The ·santa Clara County Chiefs Association The Director of Law Enforcement, California Department of Justice · The Special Agent in Charge, Federal Burea~ of Investigation San Jose Office . Or their designee, who would oversee the activities of the SAFE Team. Task Force Coordinat~r The Team Coordinator will be a Sheriff's Lieutenant from the Detective Bureau. This is in addition to his other duties as Bureau Commander. Th.e Team Coordinator will be responsible for the overall management of the Team and Will be directly accountable to. the Executive Committee for the Team's operations.· The Lieutenant will allocate the necessary time to efficiently mana,g~ the Team. Supervisors · A S~n Jpse Police Sergeant and a Sheriff's Sergeant will supervise the day to day operations of the SAFE Team. Teams will b~ designated as needed to hf:indle specific surveUiances or operations. Each s·upervisor will have a vehicle provided by their .agency. D. Team Members . . . Team members will be from a variety of law enforcement agencies listed in this MOU. Core members for the team will include the following full-time personnel: 1 · San Jose Police Sergeant 1 Santa Clara County Sheriff's Sergeant 1 · District Attorney Investigator SAFETeam MOU 3 . November 23, 1994 ·....._.., . . 1 1 . 1 1 1 . 1 Department of Justice Agent Deputy US Marshal FBI Agent U.S. Customs Agent Santa Clara Police Officer · Parole Agent (1/2 Time) All other agencies will be on a part-time ~asis, unless resources are available to fund a full-time person, .and will be designatep as participating agencies.. DOJ SHOP will providE? routine services as available workload allows such as: · Provide a single point of contact between DOJ and the SAFE Team Conduct MO and a variety of other database searches Develop Summary Profiles and Information Bulletins Flag DMV and other records Refer and submit subject cases to CAL· DNA Provide training regarding SHOP . Provide Information on persons identified as Sexual Habitual Offenders E. Prosecution . Staff The District Attorney's Office as parent agency will assign a prosecutor(s), as needed, to work with the Team members .. The· ·prosecutor will provide legal support for the Team. E. Clerical The Sheriff's Office will assist in the coordination of clerical support . . F. An~Jysi.s The Sheriff's Crime Analysis Unit, San Jose Police Department Sexual Assault Unit Analyst and a Department of Justice Analysts .(as identified in paragraph II.D. above) will provide profiles and analysis of the targeted · sexual assault predators. ' IlL FISCAL PROCEDURES A. Payroll Each participating agency will be responsible for the full payment of it's personnel assigned to the Team· and such salary shall be deemed to be f~ll salary and payable to such assigned personnel on duty with the SAFE Team. Each participating·and core agency will notify the Team Coordinator of any .overtime constraints for their personnel. B.· Special Funds SAFE Team MOU 4 . November 23, 1994 IV. , '83j 3Wil 03AI3:l3~ To be deterrriined by the Executive. Committee. EQUIPMEN I A. Responsibility Core agencies will provide equipment to the SAFE Team which will be returned to that agency upon the closing of the Team. B. Vehicles · Core agencies that provide a Team member with a vehicle will also provide the fuel and maintenance for that vehicle .. All agencies, whether· providing a vehicle or not, will-be responsible for any claims arising out of the operation of any SAFE Team vehicle by that agency's Team member. This will include both .liability and collision. C. Qther Equipment Other equipment. including, but not limited ~o, in-house covert equipment, · office equipment, computers, hand tools, cameras, video equipment,. etc. wm be supplied on a loan basi"s from the participating agencies. . V. LIABILITY VI. For the purpose of indemnification, each 9ore and participating agency of the Regional Sexual Assault. Felony Enforcement Team shall be responsible tor the acts of i,ts participating officer(s) and s~all incur any liabilities arising out of. the services and activities of those . officers while ·participating in SAFE Team operations. Personnel assigned to the SAFE team shall be deemed to be continuing under the employment of their . jurisdiction and shall have the same powers, duties, pr.ivileges, responsibilities and immunities as are· conferred upon them as a peace officer in their own jurisdiction. Each core.and participating agency agrees to defend1 indemnify and. hold harmless any other parties to this agreement to the extent that any liability is imposed on the participating agency due to the acts or omissions of the agencies employee. ·In addition, any core or . participating agency shall be liable for any workman's compensation or similar benefit extended to its employees. STANDARD OPERATING PROCEDURES All SAFE Team members shall abide by the standard operating procedures (SOP) which shall be prepared by the Team Coordinator with the assistance of the Team supervisors. The completed SOP will be subject to review and approval by the Executive Committee. The SOP SAFE Team MOU 5 November 23, 1994 i'83j 3~11 03AI3:JH shall specify policies and procedures for the Task Force .. These policies ~nd procedures shall include, but not be limited to, the following . specified artie · A. In any situg;ttion where there is a conflict between the ·policies and procedures of the SAFE Team and any participating agency, the SAFE Team member shall abide by the most restrictive directives. B. The investigation of officer-involved shootings and vehicle accidents shall be handled by the agency of. jurisdiction in which the incident occurs. Nothing precludes further investigation or concurrent investigation by the individual agency of the SAFE Team members. C. The SAFE Team will conduct preliminary investigati.ons of on·view cases observed by Team members. Any further investigation or leads to other types of criminal activity will be the responsibility of the agency of jurisdiction. · D. Evaluations of SAFE Team members shall be handled jointly by the T earn supervisor~ and the individual agency E. The release of media information regarding the SAFE Team operations will be coordinated through the SAFE Team . Coordinator. · F. The SAFE Team Supervisor will be responsible for implementing a monthly reporting system of team activities and . accomplishments. The monthly reports will be used· to generate the quarterly reports given to the Executive Committee at the end .of each calendar quarter.. · G. Complaints against SAFE Team members will be evaluated, and if applicable, forwarded to the individual agency for investigation. Disciplinary action will be recommended and approved solely by the concerned agency. . . · · VII. AMENDMENTS TO THE MEMORANDUM OF UNDEBSIANDING . . The Executive Committee may amend any portion of this agreement by a majority vote of the quorum. VIII. TERMS OF AGREEMENT Participating agencies may elect to terminate this agreement prior to. the designated termination date. Any participating agency which chooses to terminate Its participation in this agreement shall indicate such ·intent in writing stating its reaso.ns for termination, Any notice of termination shall SAFE Team MOU 6 November 23,· 1994 ( .·......_, ~dSO:ll '£ ·s~-! 3WlllNIMd Wd I 0: ll _ 1'83j 3Wil 03AJ.1J3M ORIGINAL IX. SIGNATURES his agreement Is executed. and adopted this _____ day of ____ _ by and between: The undersigned state. they represent and have the authority to execute this Agreement on behalf of their respective agencies/departments and, in signing this Agreement, concur with and support the Santa Clara County Regional Sexual Assault Felony Enforcement Team as set forth in 1his . ·Agreement and for the period and purpose as stated herei~. t Ar) . . ~ loh . ·( -. I I .. / . ~ ____ _...;..._ ___ _ tYouis A. Cobarruviaz, Chief....:::.~ George W Kennedy, District Attorney San Jose PfYiice Depart~~nt--:-· . Santa Clara County District .Attorney u~q. . ~~~~)·~\~J~----~ Charles· . Gillingham; Sheri satP.7Jtn Alan Wolochuk, Area Commander California Highway Patr~l ~--- Chris Durkin, Chief · Palo o Police Department ~ w~ Regan Williams, Director Sunnyvale Dept. of Public Safety /~~};~ Edmundo Sanchez, Regional Acjministrator, CYA Parole 1 R. Freeman, SAC eral Bureau of Investigation SAFE Team MOU Steven Schwab, hief Morg~ice~ Steve Schroeder · Parole and Comm · Y. rvices 7 November 2, 1994 .. ,, . : "---' WdvO:~l '£ '83 ;3~11 lNI~d ~~ -~_., -~~~ Gregory ~wart, Director Division of Law Enforcement cz::~tica . Rollin B. Klink, Special Agent in Charge U.S. Customs SAFE Team MOU 8 November 9, 1994