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HomeMy WebLinkAboutResolution-2006-0006 RESOLUTION 06 Series of 2006 TITLE: A RESOLUTION ACCEPTING THE MEMORANDUM OF UNDERST ANDING FOR THE DENVER METRO AUTO THEFT TEAM WHEREAS, the Wheat Ridge Police Department will work III partnership with other metropolitan area law enforcement agencies to combat auto theft and criminal trespasses by sigmng the Memorandum of Understanding; WHEREAS, the mission of the Denver Metro Auto Theft Team IS to reduce the incidents of auto theft, vehicle Illsurance fraud and cnmlllal trespasses III the metro-area, benefitlllg the citizens of Wheat Ridge; WHEREAS, the Wheat Ridge Police Department Will engage in proactive enforcement with other law enforcement agencies to reduce the number of auto thefts, vehicle msurance fraud and crimmal trespasses, and WHEREAS, the only financial impact to the City of Wheat Ridge is the salary and overtime costs for our employees. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The Wheat Ridge Police Department will become an active member of the Denver Metro Auto Theft Team. DONE AND RESOLVED THIS 13 TH DAY OF FEBRUARY 2006 , t ".- j Jerry Difullio, Mayor ( ATTEST: MEMORANDUM of UNDERSTANDING Denver Metro Auto Theft Team (Revised: 1/19/05) This Memorandum of Understanding (MOU) IS entered into by the Sheriffs, Chiefs or Law Enforcement Agency Director (or their designees) of the agencies who subsequently agree to the terms of this MOU. Purpose: The purpose of this Memorandum of Understanding is to outline the overall miSSIOn of the Denver Metro Auto Theft Team (DMA TT) and delineate the responsibilities between the participating member agencies listed above and any additional agencies that have agreed to thiS MOU This MOU will formalize relationship between participating agencies for policy guidance, plannmg, traming, public relations and media relations in order to maximize inter-agency cooperation. ThiS will also create a cohesive umt capable of addressmg the emergmg orgamzed auto theft problem facmg Colorado Law Enforcement agencies statewide. Each participating agency agrees that its law enforcement personnel and/or Its equipment may be used in conducting overt and covert investigations involvmg organized- or multiple-motor vehicle thefts, chop shops and fencing of stolen motor vehicles and/or motor vehicles parts. This Memorandum of Understandmg provides functions or services, including the sharing of services or functions by political subdivisions of the State of Colorado, specifically authorized by CRS 29-1-203 (2004) In addition thiS MOD sets forth the mtent of the slgnatones to participate hereto in this orgamzation (DMA TT). This MOU is not a legally binding document and is not intended to confer remedies on any party in the event of its breach. Mission: The mission of the Denver Metro Auto Theft Team is to combat auto thefts and vehicle msurance fraud. ThiS will be accomplished by thoroughly investigating organized groups, repeat offenders and those individuals, groups and or organizations that benefit from or support this type of criminal activity . DMA TT will work closely with prosecutors in preparing cases in which the Colorado Organized Crime Control Act (COCCA), If appropriate, can be Implemented. . DMA TT will be proactive m the use of "sting" operations, bait vehicles and informants to penetrate organized groups of auto thieves. . DMATT will also be proactive by enforcing the "Daily Business Record" statute for tow compames, auto salvage yards and auto repair businesses. . DMATT, upon request, wJll assist member agencies with large, and/or orgamzed multI-Junsdictional auto theft related investigations. . DMA TT will participate with other Federal, State or Local Law Enforcement Task Forces that request our assistance on auto theft related issues. . DMA TT will work closely with the Colorado Auto Theft Investigators (CA TI) orgamzatlon to educate the public and provide introductory and advanced auto theft trammg to other Law Enforcement agencies. Participation: Initially, it is anticipated that for at least the tirst year the DMA TT will be a part-time orgamzatlon designed to facilitate complex vehicle cnme investigations. It is not intended to be a full-time task force, requiring assignment of personnel at this time. DMA TT will be activated when a member agency has a multi-jurisdictional auto theft investigation and reqUires additional manpower to properly mvestigate the case. Agencies requestmg activation of DMATT must be able to assign a minimum of one Investigator or Detective to participate m Team operations and that member agency's personnel will serve as case agent and may make available a co-supervisor for the Team for the purpose of operatIOnal plan review and field supervision dunng search and arrest warrant executIOn wlthm that junsdlctlon. Agency heads or designees are invited to quarterly briefings from the Project Duector. Such briefings will also serve as a forum to address any issues of mutual concern to the participating agencies. Composition: DMATT will consist of a combined law enforcement body from the agreeing agencies with the Colorado State Patrol as the lcad agency In addition, any additional participating agency that subsequently agrees to the terms of this MOU will support DMA TT. Each partlclpatmg agency agrees to provide manpower to allow DMA TT to accomplish its mission. SpecIfic control of Team members shall be retamed by the respective partlclpatmg agency heads or designee, who will be kept informed of all investigative developments by their respective subordmates. The primary DMA TT supervisor will be the CSP Sergeant or othcr designated officer as assigned by the Colorado State Patrol to supervise the Team. Liability: Each participating agency acknowledges that applicable Colorado State laws govern liability for negligent or wrongful acts or omissions committed by its employees while they are partiCipating as a member of DMA TT Liability for negligent acts or omissions 2 are the sole responsibility of each of the participating agencies or employees and none of the agencies or employees waive the benefits or obligations of the Colorado Governmental Immumty Act; C.R.S 24-10-101. PartiCipating agencies and individual team members agree they will not be responsible or liable for acts performed by personnel of other member agencies while performing DMA TT actlvitlCS. Each participatmg agency will be provided With a copy of the Operational Guidelines for the Team. Each Team member will be required to follow the rules and regulations of their parent agenCies unless Team gUidelines are more stnct. Each partlclpatmg member remams an employee of their parent agency and each agency is responsible for salary, worker's compensation, and other benefits atforded their agency members. Salary/Overtime: The Colorado State Patrol will Issue purchase orders that authonze the reimbursement of overtime mcurred in furtherance of team objectives as outlined m the Denver Metro Auto Theft Team OperatIonal Guidelines. Assignment of Cases: All cases assigned or developed by the Team will be Jomtly mvestlgated by the DMA TT The development of teams withm the DMA TT may be necessary to effectively accomplish the mission. Such teams will consist of a Team member from the requesting agency and a Colorado State Patrol Investigator and any additIOnal detectives as needed. It is agreed that unilateral actions on the part of one agency will not be under-taken, as such actions run contrary to the multl-Junsdlctlonal spint If the Colorado Auto Theft Prevention Authority (CATPA) legislatIon. All law enforcement actions will be coordinated and cooperatively carried out. Use of Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) Watch Center is mandatory for DMA TT operations to aVOid conflicts with another agency or task force operation. Records: All Team mvestlgative records will be maintained in a secure location by the imtiatmg agency Copies of all documents generated by the Team with respect to a Team investigation shall be provided to DMA TT unless prohibited by that agency's regulations, and/or applicable State or Federal law Classified information and/or documents containing information that identifies or tends to identify a DMA TT mformant shall be maintained by the imtiatmg agency in accordance with that agency's policies regarding mtelligence and confidential mformant handling. 3 Prosecutions: The detective, supervisor, appropriate district attorney and the Colorado Attorney General Office will make a determmation, on a case-by-case basIs, whether the filing of a specific Team mvestigation should be filed with the District Attorney or the State Attorney General's Office The determmation will be made at the earliest possible time based on the evidence obtained and a consideration of which level of prosecutIOn would be of the greatest benefit to the overall objectives of the Team. Incidents involving Team Members: Should a Team member be involved in a "cntical incident" (deadly force encounter) relating to and m the scope of Team duties, established critical incident teams will be utilized. Investigation of cntical incidents that occur in areas without a cntical incident team will be investigated by the agency having jurisdictIOn. Investigative assistance may be requested from the Colorado Bureau of Investigations as needed. The agency of the member mvolved in the incident will be responsible for conductmg their own internal investigation. Should Team members from more than one agency become involved m an incident, participating agencies m thiS MOU agree to conduct independent mvestigations unless it is determmed by the appropnate supervisor that aJomt mvestlgatlOn would be in the best interest of the agencies mvolved. Any critical incident involving the use of deadly force occurring in the City & County of Denver will be investigated under the direction of the Cnmes Against Persons Bureau under the most recent version of the gUldelmes set forth in the Denver Police Department's OperatIOns Manual. However, if it is agreed that the agencies mvolved m an mcident Will conduct their own investigation, it IS agreed that each agency will conduct their respective investigation in a manner that doesn't mterfere With or hamper the investigation(s) of other agency(s). The Denver Metro Auto Theft Team permanent supervisor will notify the parent agency supervisor many mstance of a complaint against a Team member arising from Team duties. The parent agency IS solely responsible for administrative investigations and complaint resolution for their employee and any disciplinary or corrective action Will be the prerogative of the team member's agency Investigative Methods: The majority of the Team cases will be prosecuted on the State level. Therefore, the participants of the Team agree to conform to State standards concermng the collection, processmg and storage of eVidence and e1ectromc surveillance. In addition, the use of other mvestigative methods (search warrant, intercepts of oral commumcatlOn, etc. ) and reporting procedures in connection therewith will be consistent with the policy and procedures of the State of Colorado and each participating agency Evidence will be mamtamed and processed by the initiating agency under that agency's established gUidelines. 4 Undercover Operations: All Team operations will be conducted and reviewed in accordance with Team guidelmes and applicable State and Federal laws. Informants: Informant handlmg and documentation will be conducted in accordance with the initiating agency's policy. Informants will need to be registered with DMA TT and obtain a DMA TT number for trackmg purposes. No documents will be prepared or dissemmated outside the Team that would Identity or tend to identify a Team informant. When possible, the mformant will be referred to by a code name or number so as not to reveal his/her Identity If any information on a contidential informant (CI) becomes the subject of a discovery motion or court order in any State, Federal or Local proceeding, all participating agencies agree that they will notify each other pnor to disclosure. Each agency will attempt to protect the interest of the other participating agencies in addition to Its own mterests and those of the CI. Each agency's designated supervisor will oversee all aspects of mformant development, control and management in furtherance of the Team investigatIOns. Vehicles: All participating agencies agree to supply their Team members With a vehicle for use by their employee. All vehicles assigned to a Team member, except m emergency, will be driven by that agency's personnel. Expenses related to the operatIon of that agency vehicle shall be the responsibility of that agency Property: Property and eqUipment of the Team will be properly mamtamed and cared for by members. Any equipment on loan to the Team, by a partlcipatmg agency, that IS damaged while muse durmg a Team operation will be repaired or replaced at Team expense. Media Relations: The DMA TT commander or his /her designee has the responsibility to coordinate the release of mformatlOn to the news media and to the public through the Public Information Officer of the involved jurisdiction and the Colorado State Patrol Public Affairs Section. Media inquiries made to individual participating agencies shall be referred to the DMA TT commander. At major crime scenes or following major incidents, the DMA TT commander or designee Will coordmate With the Public Information Officer of the JurisdlctlOn(s) involved to ensure appropriate and accurate news releases are made. The 5 DMA TT commander or designee will ensure that each member agency receives equal public recognition for publicized Team operations. Duration: The term of this MOU IS for the duratIOn of the Team's operatIOn. Any particlpatmg agency may withdraw from the Team at any time by written notification to the Team commander at least 30 days prior to withdrawal. Upon termination of thc MOU, all equipment provided by the DMA TT will be returned to the Team. Modification: This agreement may be modified at any time by written consent of all participating agencies through thc Team Commander. ModIfications to this MOU shall have no force and effect unless such modifications are reduced to wnting and signed by an authorized representative of each participating agency Forfeitures: The agency filing the cnmmal case will be responsible for processmg assets seized for forfeiture m conjunction with Team operations. Asset forfeItures will be conducted in accordance with rules and regulatIOn set forth by the Federal government or the State of Colorado and DMA TT OperatIonal Guidelines. Participating agencies agree that any recoverable forfeiture, attributable to a Team mvestlgatlon, will be donated to the Colorado Auto Theft PreventIOn Authority under the gUidelines established m C .R.S 42- 5-112 (4)(a). Organization: The Team Commander will assure that DMA TT has the equipment, training and support necessary to carry out Its mission. The Project Dircctor will be the authorized signer for issues related to the DMATT orgamzatlon and operatIon. The permanent Team Supervisor (CSP Sergeant) will have field supervIsory responsibility of all team members during DMA TT activIties and will ensure that DMA TT Operational GUidelines are followed. The Colorado Attorney General Office will serve as legal advisor to DMA TT. 6 Participating Agency signature(s) By signing this Memorandum of Understanding your agency agrees to conditIOns set forth III the memorandum and the Operational Guidelines for the Denver Metro Auto Theft Team. Agency- Date- / / 2005 Please print Agency Name Name- Authorized Signature Colonel Mark V Trostel Chief-Colorado State Patrol 7