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HomeMy WebLinkAboutRESO 7947.. RESOLUTION NO. 7947 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING THE POLICE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR THE SANTA CLARA COUNTY RAPID ENFORCEMENT ALLIED COMPUTER TEAM [R.E.A.C.T.] WHEREAS, the law enforcement agencies within Santa Clara County have developed a joint task force denominated the Santa Clara County Rapid Enforcement Allied Computer Team [R.E.A.C.T.] for the purposes of coordinating law enforcement against high technology criminal 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 REACT Team, which memorandum provides for the temporary assignment to the REACT Team of one or more officers from each of the participating agencies for limited duration to supplement continuing supervisory participation from the Federal Bureau of Investigation's High Technology Squad; and, WHEREAS, the Council of the City of Palo Alto desires to authorize and approve participation in the REACT Team 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 "Memorandum of Understanding for Rapid Enforcement Allied Computer Team" and dated April 1, 1997, attached hereto and incorporated herein by reference. SECTION 2. The City Council further authorizes the Police Department to participate in the REACT Team according to the terms and conditions of the memorandum of understanding referenced above. II II II II II 1 000322 cl 0044017 ,f. 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: ATTEST: ~ ~?t·~lff APPROVED: rney 2 000322 cl 0044017 < .FE:B-02-2000 12: 25 SAN JOSE FBI GO SHARKS P.02/11 -.·. I •• • > MEMORANDUM OF UNDERSTANDIN·G for.· RAPID ENFORCE:MENT ALLIED COl\1PUTER TEAM .. CA SiliconValley Hightec.hnology Cnme Task Force) . . . - REACT I. . OVERVIEW II. MISSION STATEMENT AND OBJECTIVES ID. ORGANIZATION IV. ~SCALPROCEDURES V. EQUIPMENT VI. LIABU.lTY . VTI. ASSET SEI.ZURE Vlll. STANDARD OPERATING PROCEDURES IX. AMENoMENTS TO THE MEMORAND~ OF UNDERSTAM)mG X TERMS OF .AGREEl\ffiNT/SIGNATtJRES. REACT Page 1 · nif'lr"T\Jil\ Ttur rr.n n ~" 1\.nl"'u I :-FEB-02~2000 12:25 SAN JOSE FBI GO SHARKS P.03/11 ·' .. •I ' . . I. OVERVIEW This Memorandum ofUnderstanding (herein referred to as the MOU) is being exec~ted ~Y the agencies listed below for the purpose of forming the RAPID ENFORCEMENT ALLIED CO'MPUTER TEAM (A Silicon Valley High Technology Crime Task Force), herein referred to as REACT. The agencies 'listed herein agree to abide by the terms and provisions ofthis MOU throughout the duration ofthisjoi_nt operation. · City of San Jose Police Department · F ederat Bureau of Investigation · . Internal Reve~ue Service, Criminal Investigation Division Santa Clara <;ounty District Attorney's Office . . High technology crime has become in ever .. increasing .threat to the safety and well being of the people who live and work in "Silicon Valley". It has a direct imp~ct on the local ecionomy and every American indirectly, as our products and services end up in equipment and appliances throughout the world. It is an especially acute problem in the Bay-Area because of the world identification ofthis valley as a location of high teclmology research an~ development. · · . E~perience has shown·that high technology crime is not specific to any jurjsdiction or any agency. ·rhere are consistent"crossovers between prope~ and person crimes, _large-: scale theft~ and. efforts directed at recruiting criminal conspirators. A focused, coordinated effo~ by all elements of law enforcement will be required to combat the · increasing frequency and intensity of high technology .crime ip the Silicon Vall~y; In an effort to fight this dynamic; ·ever changing crime, lavi enforcement officials have established ongoing relationships with the high technology industry for expertise, bait product for sting operations, education and training. However, lack of adequate staffing of most bay area law enforcement organizations has prevented these crimes from being investigated. Rather than being linked with other similar crimes they are treated. as unlinked indi\rid~al events. · · . . Interactions between individual officers and comparison of data collected over the past . ·five years has revealed that there are quasi organizations loosely formed ainong known criminal elements that cross ·city, county and state jurisdictional lines. Individuals involved in these larger scale criminal events are directing their activities from various locations within Santa Clara County. As one agency makes arrest and disrupts high technology criminal activity, criminals ~ove their operation to a nearby neighboring city. REACT Pagc2 . . : ·FEB-02-2000 12:26 SAN JOSE FBI GO SHARKS P.04/11 " .• '' . . . IL . MISSION STATEMENT AND OBJECTIVES .. A ·MISSION: ··~ The mission ofREACT is to reduce the incidence of high technology crime throug~ the apprehensjon of the professional organizers of large scale criminal activities. · · B. OBJECTIVES: 1. Establish a Santa Clara County High Technology Task Force comprised of muni,ipal, county, state and federal law enforcement o~cials to reduce the incidence of high tec~ology crime in the Silicon Valley.. · 2. Increase the number of arrests of high teChnology theft suspects, partirularly repeat off'~nders, partiCipating In wide ranging thefl;s from corporations in the Silicon Valley. 3. ·Identify. locations used in conneCtion with technology theft· offenses and take · appropriate acti~n. (Such locations ·may include.computer stores conducting legitimate business but. who also purchase and re-seJJ sto.len property). . 4. Identify local trends and patterns of high. technology crime activity to be targ~ed by task force teams. · 5. Increase the recovery .rate of stolen computer components in Santa Clara Count)'. · · · 6. Provide law enforcement agencies with information , expertise, support and coo~dination of high technology theft investigation.s. 7. Seek input and solicit cooperation from the pri:Vate sector to coordinate public awareness. m. ORGANIZATION A. . EXECUTIVE COMMITTEE The Executive Committee shall acf as the Board ofDirectors and will direct the affairs ofREACT. The Committee shall be comprised of the following members under the authority of the Santa Clara County Police Chief's Association (any 92.mmittee member may designate a delegate to represent their agency on the Executive Committee): (1) Chief of Police of San Jose Police Department, (2) Special Agent in Charge of the Federal Bureau of Investigations, (3) District , .. F.EB-02-2000 12: 26 SAN JOSE FBI GO SHARKS P.05/11 .. . • Attorney, Santa Clara, County, and ( 4) Chie(· Criminal Investigation Division, Internal Revenue SeiVice, (S) a Member at Large appointed from the Santa Clara County Police Chiefs Association .. B. TASK FORCE MANAGER The Task Force Manager will be a Supervisory Special Agent of the Federal Bureau of Investigation. This is in addition to his duties as Supervisor of the FBI's High Technology Squad' in the San Jose Office. The Task Force ¥anager will be responsible for the ·overall management of the Task Force and will be directly accountable to the Executive Committee for the Task Force ·operatipns. The Supervisory Special Agent will not be a fUll time team .member, but will . . allocate the.necessary time to efficiently manage the Task Forc.e. · · C. TASK FORCE SUPERVISOR The Task ForceSupervisor Will ~e a Sergeant or·aboye staffed by the San Jose .Poliee Department. The Task Force Supervisor will be responsible fo.r the day to day operations of the Task Force. The Supervisor will provide direct supervision. ) as a working member ofth~ t~am. : . D. · TASK FORCE :MEMBERS The· Task Force shall be staffed by qualified investigators recommended by the p~cipating agencies. Assignment to the Task Force shall be for a minimum of one year .. Consideration for placement-on the Task Force will be based upon past job performance, investigative experience and the ability to work with othe~s ·in a close team relationship. Personnel not meeting acceptable standards of . performance or who refuse to comply with Task Force policies and procedures, may be removed from the Task Force and transferred back to their agency.· If the . Task Force Manager has cause to reject or replace a member,.he shall discuss the issue with the Executive Committee ~d the contributing agency. . E. PROSECUTION STAFF All REACT cases will be assessed :as to appropriate jurisdiction (federal or local) for prosecution. The District Attorney's Office will assign high technology . prosecutors to work with the Task F~rce members. The Chief of the San Jose · Office of the United States Department of Justice, Office of the United States Attorney, Northern District of California, will be the liaison for cases involving· federal prosecution. The prosecutors will be available to provide legal review and· . will file Task Force cases warranting a criminal complaint. Additional prosecution staffing shallbe prov~ded as determined by the District Attorney's Office and/or the United States Attorney. based on case load developed. :. FEB-02-201210 12:2r;; SA.N JOSE FBI GO SHARKS · P.06/11 · .. · F.· TEAMACTMTIES --··----· -----------·-----=----_.:........__ ---·-··----------___ __: __ --------------· ; ____ ---. .: ------------------ G. Proactive enforcement will be the primary activity of the team and will include . intelligence gathering and sharing, suspect ~d site identification, investigation, rep.ort preparation and prosecution~ The team will concentrate' on all types of h~gh technology crim~s. . Store fronts or· full time fixed sting operations may be used on an as needed basis ·to develop a case. Strong ties with industry will be ne~ded for dummy product for sales, identification of potential target items likely to be stolen, information gathering and training of personnel involved. SUPPORT AGENCIES· (' . · ... The Task Force may involve other agencie~ in the jurisdiction of the federals local. ·or state government to support the work of the Task Force. These agencies will be contacted.by members ~fthe Executive Committee,.ortheir representatives,· after the MOU is adopted. It. is .important· to have as many agencies within the . · county participating at the full time level. It is clear, however, that some agencies may only be ·able to participate in a part time capacity. Every effort will be made · to develop a method ·of electronic sharing of information with other law enforcement agencies in t,he Silicon Valley area on matters of high technology crime. . . IV. FISCALPROCEDURES REACT PageS A. PAYROLL (.. . Each participating 'gency will be responsible (or the full' payment of its personnel assigned to the Task Force and such salary shall be deemed to be fl,lll salary and payable to sue~ assigned persoMel on duty with the Task Force as appropriate. The· Task Force Supervisor will be responsible for authorization and management .. ·ofpaid overtjme. Each pas:Dcipating and core agency will notifY the Task Force Supervisor of any overtime constraints for their persoMel. No agency or representative from any agency will be.reimbursed from the Task Force funds. ·:. FEB-®2-2000 12:25 . SAN JOSE FBI GO SHARKS P.07/11 ~ V.---FACnJTIES-AND-EQUIP:MENT--'~ _2_ _ _ _ _ _:_ _______ _ A. TASK FORCE OffiCE SPACE · Appropriate office space, centrally located; shall be identified by ·the Task Force Supervisor with the assistance of~e Executive Board. As of the date of this agreement the Federal Bureau of Investigation will provide o~ce facilities, ·together with ·some. furnishings, -at their San Jose office location. · B. COM:MUNICATIONEQUIPMENT : The Executive Committee, acting on advice from theTas~ Force Supervisor,-'will select a compatible radio system, which allows communications among Task . Force meq~bers on a common channel. Acquisition of hand held· radios· and cell phone equipment will be addressed by the Task Force Supervisor, with. ~he approVal of the Executive Committee, as soon as feasible. C. VEHICLES . ·. Each. participating ~ember agency shall ~upply its assigned investigator to the Task Force a suitably equipped emergency vehicle (unmarked). -Said agencies will provide fuel and maintenance for that vehicle. Each agency, whether· providing a vehicle or not, will be responsible for any claims a,rl$ing out .of the operation of any REACT team vehicle by that agency's team member. This will include 'both liabi-lity and collision. · D. 0~ EQUIPMENT Other equipment including, but not limited to, covert equipm.ent, office equipmen~ computers, hand tools, cameras, video equipment, cell phones, etc. will be supplied on a loan basis. from the particip!lting agencies. Investigators assigned to t~e Task Force should.come equipped with .a laptop or desktop computer system. Eq~ipment provided to the Task Force shall remain the property of the supplying agency. Equipment on hand at.the termination ofthe. TaskForce will be returned to the s~pplying agency or corporation. Investigations requiring specialized· support, e.g., air support, surveillance ·vehicles, or other unique items will require cooperative assistance from the . member departments or agencies. - . VI. LIABILITY REACT· Paget;· Liability will be determined in accordance with applicable laws, rules and regulations. ' ... :. ~EB-~2-2000 12:27 SAN JOSE FBI GO SHARKS P.08/11 vn. ASSET SEIZURE . ----Any-propertY acquired thioughasseffo&ft:Ure wiTl.be-slia!ecfbythe -core-group members ------- equally, or as otherwise agreed to by all management representatives of the core group members a~d shared with the pan time members commensurate with their contribution .. However, cash and proceeds ftom the sale of forfeited property must be handled pursuant to 21 USC, section 881 (e) and "~he Attorney General's ~idelines on Seized and Forfeited Propeny." · vm. STANDARD OPERATING PROCEDURES REACT Page7 All Task Force members shall abide by the stmdard operating procedures (SOP) which- sha,!l be prepared by the Task Force Supervisor with the assistance of the Task Force members. The completed SOP·witl be subject to review and appr~wal-by the Executive Committee. The SOP shall specify policies and procedures for the Task Force. These policies and procedures shall include, but-not be limited to the following specified · articles: · · · · A. In any situation where there is a confliCt between the policy and procedures of the · Task Force and any participating agency the Task Force mem.ber shall abi~e by the directiyes of hiS/her oWn agency. · B. . The investigation of~fficer-involved shootings and vehicle accide~s shall be handled by the agency ofjurisdiction where th~ incident occurs. Nothi~g precludes ~rther investigation or concurrent investigation by the parent agency of the Task Force members. · ' ' C. The Task Force Supervisor will supply the parent agency, upon their request, a· fair and objective evaluation that reflects the TaskForce Member's perfonnance while assigned to the Task Force. · · D. The ·relea~e of any ~edia information regarding· the Task Force operations will be coordinated through the Task force Manager who must have the concurrence of all parties. Team. members y;ill prQtect their: official identity so that undercover operations will· no.t be compromised. E. ·The Task Force Supervisor will. be responsible for implementing a monthly reporting system of team activities and accomplishments. _The monthly reports will be used to generate the quart~Iy repons given to the Executive Committee at the end of each calendar quarter.- F. Complaints against Task Force members will be forwarded to the parent agency for; investigation: Disciplinary action will be recommended and approved solely by the concerned parent agency. •' • ·. · FEB-02-2000 12:27 c~N JOSE FBI GO SHARKS P.09/11 : I • IX.. . .AMENDMENTS. TO THE . .MEMORANDUM OE UNDERSTANDING The Executive Committee may amend any portion of this agreement at any tim.e by doing so in writing and having th~ proposed modifications signed by all parties. X. TERMS OF AGREE1\1ENT AND SIGNATURES REACT PageS This.agreementis executed and adopted this 1st day of April, 1997 by and betw.;en the following agencies: City of San Jose Police Department Federal Bureau oflnvest~gation Internal Revenue Servi~e, Criminal Investigation Division Santa Clara County District Attorney . . this agreement ·shall commence. on·Aprill, 1997 and remain in eff~.until the tennination of the Task Force. · · · Participating agencies may elect to terminate this agreement prior to the designated tenrunation date. Ally participating agency that chooses to terminate its panicipation in this agreement shall indicate ·suc_h intent in writing. Any notice oftennination shall be submitted to the Executive Committee. Termination of a participating agency shall be deemed to take effeCt: in thirty days (30) after receipt of the written notice. . . '· ' ·' FEB-02-2000 12:27 ~~N JOSE FBI GO SHARKS P.10/11 The undersigned state they represent and have the·authority to exe~te this Memor:andum ofUnder~anding on behalf of their respective age~cies/departments and, in signing this Agreement, concur with and support the Rapid Enforcement Allied Computer Team as set forth in this Agreement and for ~e period and purpose as. stated herein. Robert E. Walsh : Special Agenti~ ~ ge Federal Bureau ofinvestigation c_ _,./_. __ _ George W. Kennedy. · Dis~ct Attorney Santa Clara C~~ty · Louis A Cobarruviaz · . Chief ofPolice San Jose Police DepnrtMant c-z:·5?§4~ · Paul B. Varville · · · . REACT Page9 . Chlef, IRS·CID Central California District · ' .' FEE!-02-21210121 12: 28 ~~~ JOSE FBI GO SHARKS P.11/11 ADDENDUM TO REACT MEMORANDUM OF UNDERSTANDING The undersigned has read the attached Memorandum of Understanding. dated April 1, 1997, and states he has the authority to execute this addendum to same on behalf of his· respective agency or department. In signing this document, the. undersigned concurs with the Memorandum of Understanding, agrees to support . the task force mission as stated, and agrees the Palo Alto Police Department will be ~n active and Willing participant in addressing high technology crime in the · . Silicon Valley with the Rapid Enforcement Allied Computer Team ·(REACT), as $.et fqrth In tl"li~ Agr~ement ~Oci.fQr th~ pE)ri()~ ~-l'lel purjlg~e ~s. st~~e~ h~rein . . , ----~~-----omed: ______ _ Patrick Dwyer ·. Chief of Police Palo Alto Police Department .