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HomeMy WebLinkAbout2000-03-27 City Council (20)City of Palo Alto C!ty Manage ’.s,Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE 3 DATE: SUBJECT: MARCH 27, 2000 CMR:180:00 RESOLUTION AUTHORIZING POLICE CHIEF TO EXECUTE MEMORANDUM OF UNDERSTANDING FOR THE SEXUAL ASSAULT FELONY ENFORCEMENT (SAFE) TASK FORCE OF SANTA CLARA COUNTY RECOMMENDATIONS Staff recommends that Council adopt the, attached resolution authorizing the Police Chief to execute, on behalf of the City, the Sexual Assault Felony Enforcement (SAFE) task force memorandum of understanding in order for Palo Alto to participate in the countywide unit. BACKGROUND It has long been recognized that a regional effort toward combating crime is highly desirable, especially in the area of sex crimes, where sexual predators do not hold themselves to jurisdictional boundaries. The SAFE task force was established by the Santa Clara County SherifFs Department in November 1994. It started with eleven investigators from ten local, state and federal jurisdictions. Over the last six years, agencies in Santa Clara County have continued to send investigators to the SAFE task force for a six-month or one year assignment. The mission of the SAFE task force is to reduce violent sexual assault crimes in Santa Clara County through proactive enforcement action focused on predatory sex offenders. This regional task force currently consists of members from the Santa Clara County SherifFs Department, Santa Clara Police Department, Campbell Police Department, San Jose Police Department, State Parole and the District Attorney’s Office. SAFE 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 State Department CMR:IS0:00 Page 1 of 3 of Justice and 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 a Santa Clara County Sheriff’s lieutenant, and two Santa Clara County Sheriff’s sergeants supervise the unit. DISCUSSION On June 23, 1997, Palo Alto City Council approved a resolution authorizing the Police Chief to execute a memorandum of understanding to participate in the SAFE task force (CMR:304:97). From that date until February 1998, the Police Department successfully participated in this task force. The Palo Alto Police Department again has the opportunity to provide a full time police officer to the SAFE tasl~ force for a one-year assignment commencing in June 2000. The Police Department’s participation in the SAFE Team will accomplish several goals. It will enhance the lines of formal and informal communication between agencies, allow for monitoring of the activities of known sexual predators, ensure that Palo Alto sex registrants are in compliance with current laws and/or parole restrictions and utilize the staff, equipment and resources from larger law enforcement agencies to the City’s advantage. 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 SAFE task force has no history of claims or litigation against it since it began operating in 1994. 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’s liability exposure in the countywide task force would be 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 1994 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 SAFE task force agreement. CMR:IS0:00 Page 2 of 3 RESOURCE IMPACT There is no fiscal impact associated with this action. POLICY IMPLICATIONS Participation in SAFE does not represent any change to existing policy. ENVIRONMENTAL ASSESSMENT This is not a project for purposes of CEQA. ATTACHMENTS SAFE Memorandum of Understanding SAFE Standard Operating Procedures Agreement Resolution PREPARED BY: Alana Forrest, Police Lieutenant DEPARTMENT HEAD:Pa~-rick Dwyer, C ie~fo o~~lice CITY MANAGER APPROVAL:- Emily Harrison, Assistant City Manager CMR:IS0:00 Page 3 of 3 ~d[O:Z[ ’~ ’f13~ 3~I± ~3AI3~3~ II, III. IV, V. Vl. VII. Viii, IX. SANTA CLARA COUNTY REGIONAL SEXUAL ASSAULT FELONY ENFORCEMENT(~’~i ~’~) TEAM MEMORANDUM OF UNDERSTANDING for The Re._q!_o__nal_SexuaI,Assault Felony Enforcement.,Team of a_S_~_~_a__ Clar.a 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 Team MOU Nqvember 23, 1994 gao11u I3±SIQ UN~73S W~6S:I$ 00, ~0 833 Assault Felony Enforcement (SAFE) Team. The agencies listed agree to abide ¯ by the term. s and provisions of this MOU throughout the duration of this joint operation. City of Campbell City of Los Altos City of Milpitas City of Mountain View City of San Jose City of Sunnyvale California Highway Patrol U.S. Marshal’s Office California State Parole California Department of Justice Bureau of Investigation City of Gitroy City of Los Gatos City of Morgan Hill jv City of Palo Alto City of Santa Clam Santa Clara County Sheriff Santa Clara County District Attomey Federal Bureau of Investigation California Youth Authority Parole Santa Clara County Probation U.S. Customs There are approximately 3500 registered sex offenders living in Santa Clara County. The law requires that all sex registrants notify the law enforcement agency where they live of their address and re register when they 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 felon.y sex offense. Because most felony sex offenses are also "serious" felonies, most violations of this new law will be two or three "strikes" cases. I.MISSION AND OB)F_~ MISSION: The mission of the SAFE Team is to reduce violent sexual assault crimes in Santa Clara County through pro-active enforcement focused on predatory sex offenders, ~B. OBJECTIVES: 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. Design the SAFE Team as a 6 month pilot project for potential application as a statewide model for other counties commencing December 1, 1994. Enhance the lines of formal and informal communications between the agencies participating in the project. Monitor the activities of known sexual predators through records research and short-term surveillance’s. Team MOU 2 November 23, 1994 I!, Ensure that registered sex offenders are in compliance with current laws and parole/probation restrictions as a tool when applicable. Form a full-time core group of .personnel from the agencies listed in ll.D. below combined w.ith personnel from the participating agencies on a part time rotational basis to reduce predatory sex crimes. ORGANIZATION: A. Executive Committee 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 Bureau of Investigation San Jose Office Or their designee, who would oversee the activities of the SAFE Team. B,Task Force Coordinator The Team Coordinator will be a Sheriff’s Lieutenant from the Detective Bureau, This is in addition to his other duties as Bureau Commander. The 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 manage the Team. Supervisors A San Jose Police Sergeant and a Sheriff’s Sergeant will supervise the day to day operations of the SAFE Team, Teams will be designated as needed to handle specific surveillances or operations. Each supervisor 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 1 1 San Jose Police Sergeant Santa Clara County Shedff’s Sergeant District Attorney Investigator , ~’AF~" Team MOU 6/~ "d 3 November 23, 1994 N~O±ZU ±D±SI~ U~UqDS Nd00:~ 00, $0 III; 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 (!/2 Time) All other agencies will be on a part-time basis, unless resources are available to fund a full-time person, and will be designated 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 oases to CAL-DNA Provide training regarding SHOPProvide information on persons identified as sexual Habitual Offenders E.Prosecution Staff The Distdct Attorney’s Office as parent agency will assign a prosecutor(s), as needed, to work with the Team members. The prosecutor will provide legal si~pport for the Team. E,Clerical The Sheriff’s Office will assist in the coordination of clerical support. F. Analysis The Sheriff’s Crime Analysis Unit, San Jose Police Department Sexual Assault Unit Analyst and a Department of Justice Analysts (as identified in paragraph ll.D. above) will provide profiles and analysis of the targeted sexual assault predators, F i__S_C A L PROCED~ 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 full 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 Team MOU 4 No~ember 23, 1994 IV. To be determined by the Executive Committee. EQUIPMENT VI, 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.Other Equipment Other equipment including, but not limited to, in-house covert equipment, office equipment, computers, hand tools, cameras, video equipment, etc. will be supplied on a loan basis from the participating agencies.. LIABILITY For the purpose of indemnification, each core and participating agency of the Regional Sexual Assault. Felony Enforcement Team shall be responsible for the acts of its participating officer(s) and shall 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, privileges, responsibilities and immunities as are confePred upon them as a peace officer in their own jurisdiction. Each core and participating agency agrees to defend, 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. STANDA~ERATING PRO E~ES 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 $’~1~:~’ Team MOU 6/9 "d 5 Novem6er 23, 1994 N~Oii~ iDASI(] ~qDS NdOe:~ 00~ SO shall specify policies and procedures for the Task Force. ,These policies and procedures shall include, but not be limited to, the following specified articles: In a.ny situ.~tion where there is a conflict between the policies and procedures of the SAFE Team and any participating agency, the SAFE Team member shall abide by the most restrictive directives. The investigation of officer-involved shootings and vehicle accidents shall be handled by the agency of jurisdiction in which the incident occurs, Nothing precludes further investigation or concurrent investigation by the individual agency of the SAFE Team members. Co The SAFE Team will conduct preliminary investigations of on-view cases observed by Team members. Any further investigation or leads to other types of criminal activity will be the responsibility of the agency of jurisdiction. Evaluations of SAFE Team members shall be handled jointly by the Team supervisors and the individual agency The release of media information regarding the SAFE Team operations will be coordinated through the SAFE Team Coordinator, -The SAFE Team Supervisor will be responsible for implementing a monthly reporting system of team activities and accomplishments, The monthly reports will be used to generate the quarterly reports given to the Executive Committee at the end of each calendar quarter. Complaints against SAFE Team members will be evaluated, and if applicable, forwarded to the individual agency for investigation. Disciplinary action will be recommended and approved solely by the conoemed agency. VII, AMENDMENTS T_O _THE MEMORAN~ U.U.EID_I~E~ S_T_A N D I N G The Executive Committee may amend any portion of this agreement by a majority vote of the quorum. Viii.T_F~P~M_$ OF AGREE~ 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 it.s reasons for termination, Any notice of termination shall ,$’A ~’ Team MOU 6 November 23,. 1994 ORIGINAL iX.SIGNATURES This agreement is executed and adopted this by and between: day of 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 this Agreement and for the period and purpose as stated herein. George W Kennedy, District Attorney Santa Clara County District Attorney Gillingham, Sa~a Ciara...Coun, ty Sher~f DelSL Alan Wolochuk, Area Commander California Highway Patrol Brown D, Taylor, Chief :e Department R, Arol Chief Department Chief olice Department Roy Chief Gi Department Chris Durkin, Chief Regan Williams, Director Sunnyvale Dept. of Public Safety Edmundo Sanchez, Regional Administrator, CYA Parole ~R. Freeman, SAC ¯ eral Bureau of Investigation , Chief Mi ~oli.c.~..~,~ ent Larry , Chief ’nent Los Steven Schwab, Morg~ice~ Steve Schroeder Parole andes Chief Deputy ~fice Team MOU Gregory G.~.,~w~rt, Director nnis Handis,robation OfficerDivision c~f Law Enforcement Santa (~lara’County Probation C ~ ~..~a ~...~o, J~,u st ice Rollin B. Klink, Special Agent in Charge U.S. Customs ~’A~F’~’Team MOU 8 November 9, 1994 RESOLUTION NO. 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 Team 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 i. 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. // // 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: AYES: NOES: ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Police Chief 000322 cl 0044016