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HomeMy WebLinkAbout2000-03-27 City Council (13)City of Polo Alto CityMana er,s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER ¯ DEPARTMENT: POLICE 4 DATE:MARCH 27, 2000 CMR:184:00 SUBJECT:RESOLUTION AUTHORIZING POLICE CHIEF TO EXECUTE MEMORANDUM OF UNDERSTANDING FOR THE RAPID ENFORCEMENT ALLIED COMPUTER (REACT) TASK FORCE OF SANTA CLARA COUNTY RECOMMENDATION Staff recommends that Council adopt the attached resolution authorizing the Police Chief to execute, on behalf of the City, the Rapid Enforcement Allied Computer (REACT) task force Memorandum of Understanding in order for Palo Alto to participate in the countywide unit. BACKGROUND High-technology crime has become an ever-increasing threat to the safety and well being of the people who live and work in "Silicon Valley." Experience has shown that high- technology crime is not specific to any jurisdiction or any agency. There are consistent crossovers between property and person crimes, large-scale thefts and efforts directed at recruiting criminal conspirators. A focused, coordinated effort by all elements of law enforcement will be required to combat the increasing frequency and intensity of high- technology crime in the Silicon Valley. REACT was established in August 1997 with just four member agencies consisting of the City of San Jose Police Department, Federal Bureau of Investigation, Internal Revenue Service and the Santa Clara County District Attorney’s Office. Over the past two-and- one-half years, additional agencies have joined the task force. These agencies include the California Highway Patrol, Fremont Police Department, Mountain View Police Department, Santa Clara County Sheriffs Office, State Department of Justice, United CMR:184:00 Page 1 of 3 States Secret Service, United States Department of Commerce and the United States Department of Customs. REACT now has twelve full-time investigators and four part- time investigators. The task force is in the process of developing additional satellite programs in both Alameda and San Mateo Counties. The mission of REACT is to reduce the incidence of high-technology crime through the apprehension of the professional organizers of large-scale criminal activities. Since the inception of this task force, statistics show it has been successful in its mission, with the investigation of over 240 cases, the recovery of $30 million in cash or property and the arrest of 259 individuals. DISCUSSION REACT is overseen by a Board of Directors and an Executive Committee comprised of the Santa Clara County Police Chiefs’ Association, as well as representatives from the Federal Bureau of Investigation. At the operational level, a task force coordinator is responsible for overall management of the unit and is directly accountable to the Executive Committee. Currently, the coordinator position is staffed by the Federal Bureau of Investigation’s supervisory special agent and a sergeant from the San Jose Police Department supervises the unit. The Police Department has the opportunity to provide a full-time police officer to REACT for a one-year assignment commencing in April 2000. The Police Department’s participation in the REACT team will accomplish several goals. It will enhance the lines of formal and informal communication between agencies, establish ongoing relationships with the high-technology industry for expertise, and educate officers in both high- technology and internet crimes. RESOURCE IMPACT There is no fiscal impact associated with this action. POLICY IMPLICATIONS There are, of course, risk management considerations to City participation in any multi- jurisdictional task force and the City Attorney has been consulted in this regard. The CMR:184:00 Page 2 of 3 REACT task force has no history of claims or litigation against it since it began operating in 1997. The task force does not carry independent insurance because any litigation risk is allocated under the contract to the participating agencies based on the actual liability exposure of their employees in the incident concerned. Palo Alto would share liability with the countywide task force similar to that inherent in law enforcement work within Palo Alto, although extended into a variety of other community settings. Multi-jurisdictional task forces do expose their agency members to somewhat unique personal injury litigation from employees of other jurisdictions for any injuries they sustain while operating with the task force. However, because this task force agreement was developed in August 1997 and all other law enforcement agencies in Santa Clara County have participated under this agreement since that time, staff recommends that Palo Alto join in the REACT task force agreement. ENVIRONMENTAL REVIEW This is not a project for purposes of CEQA. ATTACHMENTS REACT Memorandum of Understanding Addendum to REACT Memorandum of Understanding Resolution PREPARED BY: Kathleen McKenna, Police Captain DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR:184:00 Page 3 of 3 F~B-02-2000 12:25 SAN JOSE FB! GO SHARKS P,02/11 MEMORANDUM OF UNDERSTANDING for RAPID ENFORCEMENT ALLIED COMPUTER TEAM ¯.(A Silicon Valley High Technology Crime Task Force) REACT OVERVIEW MISSION STATEMENT AND OB/ECTIVES ORGANIZATION HSCAL PROCEDURES V,EQUIPMENT VI.LIABILITY VII.ASSET SEIZLrR]3 VIII.STANDARD OPERATING PROCEDURES AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING TERMS OF AGR.EEMENT/SIGNATLrR~S 12:25 SAN JOSE FB] GO SHARKS OVERVIEW This Memorandum of’Understanding (herein referred m es the MOU) is being executed by the agencies listed below for the. purpose of forming the RAPID ENFORCEMENT ALLI~’D COMPUTER. TEAM (A Silicon Valley High Technology Crime Task Force), herein referred m as I~ACT. The agencieslisted herein agree to abide by the terms ~d provisions of this MOU throughout the duration of this joint operation. City of San Jose Police Department Federal Bureau of Investigation. Internal Revenue Service, Criminal Investigation Division Santa Clara County District Attorney’~ Office High technology crime has become an ever-increasing .threat to the safety and well being oft.hn people who live and work in "Silicon Valley". It has a direct impact on the local economy 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 of this valley as a location of high technology research and development. E×pedence has shown that high technology crime is not specific to any jurisdiction or any agency. There are consistent crossovers between property and person crimes, large- scale thefts and efforts directed at recruiting criminal conspirators. A focused, coordinated effort by all elements of law enforcement will be required to combat the increasing ~equency and intensity of high technology.crime in the Silicon Valley. In an effort to fight this dynamic, ever changing crime, law 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 sta~ng of most bay area law enforcement organizations has prevented these crimes from being investigated, gather than being linked with other similar crimes they are treated as unlinked individuai events. Interactions between individual officers and comparison of data collected over the past five years has revealed that there are quasi organizations loosely formed among 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 move their operation to a nearby neighboring city. RF~CT FEB-02-2000 12:26 SAN JOSE FB! GO SHARKS P.04/11 II.MISSION STATElV~NT AND 0B~CTIV~S MISSION: The mission of REACT is to reduce the incidence of high technology crime through the apprehension of the professional organizers of large scale criminal OBJECTIVES: Establish a Santa Clara County High Technology TaskForce comprised of municipal, county, state and federal law enforcement officials to reduce the incidence of high technology crime in the Silicon Valley. Increase the number of arrests of high technology theft suspects, particularly repeat offenders, participating in wide ranging thefts from corporations in the Silicon Valley. Identify locations used in connection with technology theR offenses and take appropriate action, (Such locatiom may ini:lude computer stores conducting legitimate business but who also purchase and re-sell stolen property). Identify local trends and patterns of high technology crime activity to be targeted by task force teams. Increase the recovery.rate of ~tolen computer components in Santa Clara County. Provide law enforcement agencies with information, expertise, support and ookdination of high technology thdt investigations. 7. Seek input and solicit cooperation from the private sector to coordinate public awareness. ORGANIZATION A."EXECUTIVE COMMITTEE The Executive Committee shall ac~ as the Board of Directors and will direct the affairs of REACT, The Committee shall be comprised of the following members under the authority ofthe Santa Clara County Police Chief’s Association c~mmittee member may g[g~nate a_delegate to_revresent their, agency on the Exe~tive Commi~): (1) Chief of Police of San ~ose Police Department, (2) Special Agent in Charge of the Federal Bureau of Investigations, (3) District REACT F~B-02-2000 12:26 SAN JOSE FBI GO SHARKS P. 05/1 i Attorney, Santa Clara County, and (4) Chief~ Criminal Investigation Divis!on, Internal l{evenue Service, ($) a Member at Large appointed from the Santa Clara County Police Chief’s Association. TASK FORCE MANAGER The Task Force Manager will be a Supervisory Special Agent of the Federal Bureau of Investigation. This is in addition to h~s duties as Supervisor of the FBI’s High Technology Squaff in the San Jose Office. The Task Force Manager will be responsible for the overall management of the Task Force and will be directly accountable to the Executive Committee for the Task Force operations. The Supervisory Special Agent will not be a full time team member, but will .allocate the.necessary time to efficiently manage the Task Force. TASK FORCE SUPERVISOR. The Task Force Supervisor will be a Sergeant or above staffed by the San Jose Police Department. The Task Force Supervisor will be responsible for the day to day operations of the Task Force. The Supervisor wilt provide direct supervision as a working member of the team. TASK FORCE MEMBERS The Task Force shall be staffed by qualified investigators recommended by the participating 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 abilky to work with others in a close team relationship. Per~ormel 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 and the contributing agency. PROSECUTION STAFF All REACT cases will be assessed as to appropriate jurisdiction (federal or Ideal) for prosecution. The District Attorney’s 0fflee will assign high technology prosecutors to work with the Task Force members. The Chief of the San lose Office of the United States Department of Justice, Office of the United States Attorney, Northern District of Califorrfia, will be the liaison for cases involving federal prosecution. The prosecutors will be available to provide legal review and will file Task Force eases warrhndng a criminal complaint, Additional prosecution staffing shall be prey!deal as determined by the District Attorney’s Office and/or the United States Attorney, based on ease load developed. SAN JOSE FB! GO SHARKS F. ’ TEAM ACTIVITES Proactive enforcement will be the primary activity of the team and will include intelligence gathering and sharing, suspect .and site identification, investigation, report preparation and prosecution. The team will concentrate on all types of high technology crimes. 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 needed 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 ag~ncie~ in thejurlsdiction of the federal, local or state government to support the work of the Task Force. These agencies will be contacted by members of the. Executive Conunittee, or their representatives, after the MOU is adopted. It is important to have as many agencies within the county pa~’dcipating at the full time level. It is clear, however, that some agencies may only beable 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 the Silicon Valley area on matters of high technology crime. HSCAL PR0CEDU S A.PAYROLL Each participating agency will be responsible for ~he full payment of its personnel assigned to the Task Force and such salary shall be deemed to be full salary and payable to such.assigned personnel on duty with the Task Force as appropriate. The.Task Force Supervisor will be responsible for authorization and management of paid overtime. Each participating and core agency will notify the Task Force Supervisor of any overtim~ constraints for their personnd. No agency or representative from any agency will be.reimbursed fi’om the Task Force funds. #EB-02-2000 12:26 SAN JOSE FB! GO SHRRKS P.07/11 FACILITIES AND EQUIPMENT 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 oft.his agreement the Federal Bureau of’Investigation will provide office facilities, ¯together with some furnishings, at their San Iose office location. CO--CATION EQUIPMENT The Executive Committee, acting on advice from the Task Force Supervisor, :will select a compatible radio system, which allows communications among Task Force members on a common channel. Acquisition of hand held radios and cell phone equipment will be addressed by the Task Force Supervisor, with the approval of the Executive Committee, as soon as feasible. VEHICLES Each participating member agency shall supply its assigned investigator to the Task Force a suitably equipped emergency vehicle (unmarked). Said agencids will provide fuel and mainten=ee for that vehicle. Each agency, whether providing a vehicle or not, will be responsible for any claims .arising out of the operation of any REACT team vehicle by that agency’s team member. This will include both liability and collision. D,OTHER EQUIPMENT Other equipment including, but not limited to, covert equipment, office equipment, computers, hand tools, cameras, video equipment, cell phones, etc. will be supplied on a loan basis from the participating agencies. Investigators assigned to the Task Force should come equipped with a laptop or desktop computer system. Equipment provided to the Task Force shall remain the property of the supplying agency. Equipment on hand at the termination of the Task Force ~11 be returned to the supplying 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. LIABILITY Liability will be determined in accordance with applicable laws, rules and regulations. FEB-02-2000 12:27 SAN JOSE FBI GO SHARKS P.08/11 ASSET SEIZURE Any property acquired through asset forfeiture will be shared by the core group members equally, or as otherwise agreed to by all management representatives ofthe ore group members and shared v~ith the part time members commensurate with their contribution.. However, cash and proceeds from the sale of forfeited property must be handled pursuant to 21 USC, section 881 (e) and "The Attorney General’s Guidelines on Seized and Forfeited Property," STANDARD OPERATINO PROCEDURES All Task Force members shall abide by the standard operating procedures (SOP) which shall be prepared by the Task Force Supervisor with the assistance of the Task Force members. The completed SOPwill be subject to review and approval 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: In any situation where there is a confliCt between the policy and procedures of the Task Force and any participating agency the Task Force member shall abide by the directives of’ his/her own agency, The investigation of officer-involved shootings and vehicle accidents shall be handled by the agency of jurisdiction where the incident occurs. Nothing precludes further investigation or ten.trent investigation by the parent agency of the Task Force members, The Task Force Supervisor will supply the parer agency, upon their request, a fair and objective evaluation that reflects the Task Forc~ Member’s performance while assigned to the Task Force. The release 0fany media information regarding the Task Force operations will be coordinated through the Task Force Manager who must have the cohere-fence of’ all parties. Team. members will protect their official identity so that undercover operations will not be compromised. ’The Task Force Supervisor will be responsible for implementing a momhly reporting system of team activities and accomplishments. The monthly reports will be used to generate ,the quarterly reports given to the Executive Committee the end of each calendar quarter,, Complaints against Task Force members will be forwarded to the parem agency for investigation. Disciplinary action will be recommended and approved solely by the concerned parent agency. RF~FIVFF) T[MF FFR 9 1’),h~Pi~DDI~IT TIUIC COO n ’In.~t,A ~EB-02-2000 12:29 SAN JOSE FBI GO SHARKS P.09/11 IX.AMENDMENTS TO THE ~OKANDU’M OF UNDERSTANDING The Executive Committee may amend any portion of this agreement at any time by doing so in writing and having the proposed modifications signed by all parties. TEKMS OF AGREE~ AND SIGNATUI~S This agreement is executed and adopted this 1st day of April, 1997 by and b~tween the foIlowing agencies: City of San Jose Police Department Federal Bureau of Investigation Internal Kevenue Service, Criminal Investigation Division Santa Clara County District Attorney - This agreement shall commence on April 1, 1997 and remain in effect until the termination of the Task Force. Participating agencies may elect to terminate this agreement prior to the designated termination date. Any participating agency that chooses to terminate its participation in this agreement shall indicate such intent in writing. Any notice of termination shall be submitted to the Executive Committee. Termination era participating agency shall be deemed to take effect in thirty days (30) after receipt of the written notice. ~EB-02-2000 12=27 SRN 50SE FB! GO SHRRKS P.10/11 The und~rsign~dsta~e ~¢y r~res~nt and haw theauthodty ~o exe~ut~ this MemorandUm of Under.standing on behalf of their respective agendes/depanments and, in signing this Agreement, oncur with and support the Rapid Enforcement Allied Computer Team as set forth in this Agreement and for the period and purpose as stated herein. Special Agent ,.~ .Cl~ge Federal Bureau of Investigation San .~ose Poli~ ,, G’~orge W. Kennedy District Attorney Santa Clara County N’ma S. Assistant to the City Manager City.of San ~lose Paul B. Varville Chief, IRS-CID Central California District ’ Senior Deputy City Attorney City of San ~EB-02-2000 12:28 SAN JOSE FB! GO SHARKS 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 behaff 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 Paio Alto Police Department will be an active and willing participant in addressing high technology crime in the Silicon Valley with the Rapid Enforcement Allied Computer Team (REACT), as set forth in this Agreement and.for the period and purpose as stated herein. Dated: Patrick Dwyer Chief of Police Palo Alto Police Department RESOLUTION NO. 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 6f 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 I. 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 i, 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. // // // // 000322 cl 0044017 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: AYES: NOES: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Police Chief 000322 cl 0044017