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HomeMy WebLinkAboutContracts & Agreements_122-2019MEMORANDUM OF UNDERSTANDING Inland Regional Narcotics Enforcement Team (IRNET) Revised 5/29/19 TABLE OF CONTENTS PAGE ARTICLE I NAME 1 ARTICLE II. PURPOSE 1 ARTICLE III EXECUTIVE BOARD 1 ARTICLE IV AMENDMENTS TO THE MEMORANDUM 1 OF UNDERSTANDING ARTICLE V DISTRIBUTION FROM FORFEITURE ACTIONS 2-3 AND SEIZURE OF ASSETS ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES A Site Location 3 B Structural Command 3 C Case Initiation 3 D Enforcement Manpower 3 E Prosecutorial Support 3 F Equipment Pool 4 G Request for Assistance 4 H Reporting Format 4 I Undercover Documents 4 J Operating Standards 4 K Personnel 4-5 L Life of this Agreement 5 ARTICLE VII FISCAL PROCEDURE A Special Appropriation Fund 5 B Asset Sharing 5 ARTICLE VIII. ADMINISTRATIVE GUIDELINES A Case Information 5-6 B Document Security 6 C Undercover Documentation 6-7 D Firearms 7 E Qualification 7 F Other Defensive Equipment 7 G Press Release 7-8 H Release of Information 8 I Multi -Agency Admimstrative Concerns 8-9 J Admimstrative Policy 9 ARTICLE IX. INVESTIGATIVE GUIDELINES A Outside Agencies - Requests for Assistance 9-10 B. Notification 10 C Undercover Operations 10-13 D Use of Intoxicating Beverages/Drugs 13-14 E Investigative Expenses 14 F Confidential Informant Procedures 14-16 G Informant Identification 16 H Planning Operations Involving Informants 16 I Undesirable Informants 17 J Shooting Incidents 17 K Evidence 17-18 ARTICLE X. FISCAL GUIDELINES A Payroll Checks and Balances B Fiscal and Voucher Procedure 18 18-20 ARTICLE I. NAME A The name of this organization shall be the Inland Regional Narcotics Enforcement Team (IRNET). ARTICLE II PURPOSE A The purposes of this organization are. 1. The identification and conviction of high-level drug traffickers and the seizure of assets denved through drug trafficking 2 The targeting, investigation, and prosecution of individuals who organize, direct, finance, or otherwise engage in high-level drug trafficking enterpnses, or money laundering with high priority emphasis on those subjects engaged in the importation of drugs for sale into San Bernardino and Riverside Counties 3 The promotion of coordinated drug enforcement efforts throughout the Inland Region, encouraging maximum cooperation between all law enforcement and prosecutorial agencies ARTICLE III. EXECUTIVE BOARD A. An Executive Board will direct the affairs of this organization The members of this Board will be the Sheriff of San Bernardino County, the Sheriff of Riverside County, the Chiefs of all participating Police Departments, and the Special Agents m Charge of the participating federal and state law enforcement agencies and/or their designees B. Starting January 1, 2017, the IRNET Executive Board will attempt to meet on a trimester (3 times a year) schedule Due to scheduling conflicts, it is difficult to forecast yearly trimester meeting dates, however, the Executive Board must meet annually at a mimmum All meetings are scheduled at the Program Manager's request to maintain this requirement ARTICLE IV. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING A The Executive Board may amend any Article of this Memorandum of Understanding by a two- thtrds (2/3) vote of the quorum Page I 1 ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS A IRNET investigators shall conduct thorough investigations, to include identification of all assets qualifying for forfeiture proceedings Civil and criminal forfeiture statutes will be explored in every instance 1 It is agreed a sharing of assets seized will be divided based on the participating agencies' respective contribution to the effort All returned assets will be distributed in accordance with applicable federal and state law and in accordance with the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies a All IRNET participating members will be responsible for submitting their own forms on behalf of their agency for an equitable share of seized assets 2. The San Bernardino County Sheriff's Department will act as the fiduciary on behalf of IRNET SBSD will be responsible for maintaining the IRNET Operating Fund and payment of Confidential Informants A separate fiduciary agreement between SBSD and IRNET will be executed 3. The following formula, determined by mutual consent, will be utilized. a. Assets seized federally are subject to an administrative cost, which is 20% for the Department of Justice or 30% for the Department of Treasury. The remaining funds are then dispersed to IRNET partner agencies who submit the proper form following Equitable Sharing guidelines 1 Any forms submitted for equitable sharing by agencies outside of IRNET will reduce all IRNET partner agency percentages, according to equitable sharing guidelines. b Assets seized throught the state are subject to an administrative cost of 35% for the State of California The remaining funds are then dispersed to IRNET partner agencies, as outlined below c IRNET partner agencies agree each agency will be awarded 3 325% per personnel assigned (see below). As the fiduciary, SBSD will receive an additional 21%, which will be returned to the program to recover operating costs, and an additional 12 475%, which will be used to pay Confidential Informants i Sworn personnel assigned to IRNET are as follows ABC - 1, Montclair PD - 1, Redlands PD - 2, Riverside SO - 1, Ontario PD - 1, San Bernardino PD - 1, San Bernardmo County SO - 13 Total assigned sworn personnel - 20. 1 ABC Share — 3 325% 2. San Bernardino PD Share — 3 325% 3 Montclair PD Share — 3 325% 4. Ontario PD Share — 3 325% Page 1 2 5. Riverside Sheriff's Dept. Share — 3 325% 6 Redlands PD Share — 6 65% 7. SBSD Share — 76.725% ARTICLE VI ORGANIZATIONAL OPERATING PROCEDURES A Site Location The site location of this project will be as approved by the Board. B. Structural Command The Program Manager will be a designee from the San Bernardino Shenffs Department with the rank of lieutenant or higher, reporting directly to the Board on all matters of IRNET concern C. Case Initiation All IRNET investigations shall regularly be reviewed by the Program Manager or his designee Areas of discretion in the setting of pnonties for these cases will be determined by, but not limited to, the type of enterprise, the impact on the community, current caseload, available workforce and/or equipment and workable investigative leads D. Enforcement Manpower This project shall be designed to bring the highest level of expertise from contiguous, and, at times, overlapping, jurisdictions to focus jointly on major drug trafficking Personnel shall be limited to 50 officers plus the Program Manager, Assistant Program Manager, and support staff E. Prosecutorial Support At the inception of this project, it shall be incumbent upon the Executive Board members to coordinate a firm and positive relationship between the United States Attorney and the State Attorney designees. 1 Cross -Designation of Attorneys To enhance collaboration between federal prosecutors and their state and local colleagues, it may be advantageous to cross -designate local and federal prosecutors 2 Special Program Attorney As previously recommended, consistency on how to best proceed in certain instances could best be achieved by allowing the program direct access to one (1) attorney assigned for that specific purpose Page 1 3 F. Equipment Pool The resource inventory required for this program, including but not limited to, vehicles, radio equipment, specialized items, unique vehicles, and mobile devices will be supplied by IRNET members Office equipment (desks, chairs, typewriters, file cabinets, phones, computers, office supplies, etc ) will be supplied by the San Bernardino County Sheriff's Department IRNET will not supply vehicles to personnel assigned to the task force Member agencies should assign vehicles appropriate for use in covert surveillance operations All vehicle maintenance shall be the responsibility of the member agency G Request for Assistance It shall be the policy of this program to respond to a request for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing limitations. H. Reporting Format The San Bernardino County Shenff's Department standard report forms and case report incident numbers shall be utilized for case development and to track program activity An internal numbering system will be used as well to account for all activity I Undercover Documents The use of documents to support or enhance undercover operations will be encouraged These will include, but will not be limited to, driver's licenses, credit cards, checking accounts, and passports The procurement, utilization, and control of these documents will be such as to assure that they are properly accounted for and are used only for authorized purposes J Operating Standards All matters governing operating procedures will balance the rights of citizens and the needs of law enforcement to detect, arrest, and prosecute individuals engaged in major illicit drug activity. Effective control of major illicit drug traffickers depends to a large degree on the close working relationship among agencies at all levels of law enforcement. Therefore, all IRNET personnel will assist in their fullest individual ability the development of inter -agency cooperation K. Personnel Their respective department head must approve the assignment of federal, state, and local officers to IRNET The Program Manager, with Board approval, may refect any nominee based on the officer's training, past performance, or other factors bearing on suitability. Federal, state, and local officers assigned to IRNET will work full time unless special Executive Board arrangements have been made Officers will be under the direct daily supervision of the Program Manager and follow all policies, procedures, and guidelines specifically enacted by Page 1 4 IRNET Upon assignment to IRNET, all members shall read the IRNET policy manual The member will sign an Inter -Office Memorandum (IOM) indicating they read the policy A copy of the IOM will be filed at IRNET and provided to the member Should any of the IRNET policies or procedures conflict with their own department rules and regulations, the individual member will immediately bnng said conflict to the attention of his/her IRNET supervisor The supervisor will, in turn, bring the matter to the attention of the IRNET manager, who will take the necessary action to rectify the situation L Life of this Agreement This agreement is effective on the date both parties of this agreement sign it This agreement may be terminated by either party on 30 -days advanced wntten notice ARTICLE VII FISCAL PROCEDURE A. Special Appropriation Fund A Special Appropriation Fund shall be established to which members of IRNET may charge expenditures as necessary in the performance of the duties of the program In general, such charges shall include extraordinary or special expenses incurred in the investigation of major narcotics traffickers The utilization, responsibility, accountability, and control of this fund shall be determined exclusively by the Program Manager and shall conform to standards as required by policy and procedure for San Bernardino Sheriffs Department Federal agencies will adhere to federal law and respective agency policies and procedures for any expenditures and/or reimbursements of expenses incurred by or through the federal agent B Asset Sharing IRNET will provide an audit trail which will show the assets seized are in accordance with applicable state and federal law IRNET' s finance specialist will notify partner agencies of a seized asset so that applicable forms can be submitted A monthly Activity Report will be forwarded to each IRNET member agency which shall include activity, and seizures by month and year to date ARTICLE VIII. ADMINISTRATIVE GUIDELINES A Case Information Large scale narcotics investigations are sensitive Protection of sources of information and management of mformation about areas of narcotics/drug-related activity are essential Dissemination of information and reports will be done on a need -to -know basis in compliance with existing state and federal laws, and when appropriate, in compliance with Department of Justice guidelines. Page 1 5 Wntten reports are vital to the conduct of operations They are our formal means of communicating among ourselves, with other agencies and with the court In composing an investigation report, the officer should remember that it will be read by someone else and will most likely form the basis for action or inaction by the reader The report may also be read by someone seeking to discredit its contents or IRNET itself Investigative reports will be completed promptly and will describe activities fully, exactly, and plainly All case reports will be kept in the IRNET office until the conclusion of the case Statistical information regarding arrests and narcotics seized will be forwarded to the Jurisdictional agency in which such activity took place to maintain proper information reporting procedures to the State Department of Justice. Questions about the appropnateness of releasing case information will be referred to the Program Manager B. Document Security All reports and records will be designated "Confidential" ("Unclassified" for FBI) This material will be secured under lock and key when unattended Access to all files is on a need -to -know basis IRNET will not keep intelligence files Case files actively being worked will be kept under the direct security of IRNET until the investigation is concluded Federal agencies will maintain their files in compliance with the Freedom of Information Act If IRNET feels certain case mformation should be considered "intelligence," the entire file will be sent to the appropriate agency and filed under that department's guidelines for intelligence information. At no time will investigative reports or official records be kept or stored anywhere but the designated office of IRNET or the San Bernardino County Sheriff's Records Bureau In any case, storage of reports and dissemination of information will always be done in strict accordance with applicable local, state, and federal laws C. Undercover Documentation Should IRNET require assigned officers to assume a covert identity, arrangements will be made to issue each IRNET officer as required 1. A California Dnver's License, and 2 Documents to support covert identification as they become available The Program Manager will maintain records and photostatic copies of all identities issued to officers. These documents shall only be used while the officers are on duty and working m an official capacity, and the use of the covert identity is required in the furtherance of Page 1 6 the case. The Program Manager may deem additional documentation, such as credit cards, a credit rating with TRW, a passport or social security card to support identity The need for these items will be evaluated on a ease -by -case basis In every situation requiring assigned officers to obtain undercover documentation, their respective department heads will be advised that the required application forms have been submitted D. Firearms Every officer assigned to IRNET will carry a firearm m accordance with his/her department's policies and procedures Officers may carry authorized firearms while off duty, however, applicable departmental policies about the use of firearms shall apply E. Qualification Any firearm carried by an officer with IRNET must be approved by his/her department, and minimum departmental standards for qualification met If no departmental requirements exist, the San Bernardino County Shenff s Department standards will apply, and officers will qualify on a trimester schedule F. Other Defensive Equipment 1 Handcuffs A set of handcuffs will be carried by officers when engaged in any type of enforcement activity (excluding undercover work) 2 Equipment The Board may authorize the purchase and use of equipment to assist IRNET in accomplishing its purpose 3 Protective Garments All officers with IRNET will have available a bullet-proof (protective) vest Officers shall wear their vests in arrest and search situations 4. Operation Jackets In arrests, searches, and similar enforcement situations, members of IRNET shall wear the approved operation jackets/vests G. Press Release IRNET will cooperate with the mecca to assist them in obtaining information on matters of public interest However, certain information must remain confidential to protect the Constitutional Rights of the accused, avoid interfering with an IRNET mvestigation, or because it is legally privileged IRNET will function as a unit All members will refer to themselves as members of IRNET If asked what agency you are employed by, the member should respond by identifying their respective agency and their assignment to the "Inland Regional Narcotics Enforcement Team." Page 1 7 The Program Manager will designate the "Press Information Officer " Members of IRNET w ll not release information to the press unless otherwise directed to do so by the Program Manager H. Release of Information The Program Manager will be available to assist in the dissemination or coordination of such information The Information to be released will be determined by the facts of each situation and at the direction of the Executive Board Generally, a descnption of the circumstances which do not prejudice the nghts of the suspect(s) or interfere with an investigation will be made 1. General Information for Release a Type of crime (statutes violated, etc.) b Extent of injury or damage c Value of drugs seized d Date and time of crime discovery e Length of investigation f Suspect name and age, if adult g Factual details of the incident 2 Information NOT for Release a Prior criminal record, character, or reputation of accused b. The existence or contents of any confession, admission, or statement given by the accused, or failure of the accused to make any statement c The identity, testimony, or credibility of any prospective witnesses. d The possibility of a plea bargain e. Any opinion as to the guilt or innocence of the accused Multi -Agency Administrative Concerns 1. Citizen Complaints Any complaint from an individual alleging misconduct by personnel of IRNET will be directed to the Program Manager or in his absence, a supervisor and a written report will be submitted to the Program Manager for evaluation Page 1 8 The Program Manager will notify the officer's respective agency and facilitate their investigation of the incident It will be the policy of IRNET to receive, record, and properly direct all citizen complaints against its members without exception 2 Employee Evaluation IRNET recognizes that all agencies have at least annual employee evaluations When such evaluations are due, the supervisor of the affected employee will assist the appropriate law enforcement supervisor in completing a fair and objective evaluation for the rating period 3 Injuries Sustained On Duty When an IRNET officer is injured on duty, it will be necessary to follow the procedures required by the officer's agency, including notification of the specific agency involved In emergencies, the officer will receive immediate medical attention most expediently To assist the supervisors in ensuring an officer's injury is treated without unnecessary delay, officers assigned to IRNET will supply his supervisor with a packet containing the forms and applicable instructions for processing per Shenff's Department policies and procedures 4 On -Duty Motor Vehicle Accidents a If an IRNET Officer is involved in an accident while on duty, a long -form accident report will be completed by the jurisdictional agency Copies will be forwarded to the officer's agency and the IRNET Program Manager for further review and necessary action In any on -duty motor vehicle accident, whether injury or non- injury, the Program Manager will immediately notify the member agency, so they can notify their appropriate Risk Management/ Civil Liabilities Division per Sheriff's Department policies and procedures. J Administrative Pohcy All members of IRNET will be expected to conform to their department's policy and procedure, as well as, any additional policies and procedures set forth by IRNET (such as performance expectations, punctuality, and chain of command) ARTICLE IX INVESTIGATIVE GUIDELINES A Outside Agencies - Requests For Assistance It shall be the policy of IRNET to respond to requests for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond their existing capabilities. All such requests will be reviewed by the Program Manager as soon as practicable after being received Page 1 9 The Program Manager will be informed of all requests for assistance made by non -participating agencies IRNET recognizes that the jurisdictional make-up of Southern California lends itself to investigative overlay during narcotics case development Therefore, IRNET will strictly adhere to the followmg notification procedures to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction B Notification Before opening an active case, IRNET will contact the local agency of jurisdiction and check to see if that department is already actively working a case on the subject(s) of IRNET's investigation Also, IRNET will contact adjacent jurisdictions and LACRCIC/WSIN to see if any agency has information on the subjects After opening a case, IRNET will utilize the guidelines of LACRCIC/WSIN as to identifying the case and subjects being worked to facilitate communications between investigating agencies and eliminate duplication of effort Note. IRNET will maintain close communication with the affected jurisdiction throughout its investigation If the agency in question has an open, active case of its own centered on that target, IRNET will not open a separate case unless requested to do so by the affected agency (See Requests for Assistance ) When executing Search or Arrest Warrants, the following procedure will be followed and, when appropriate, at least one uniformed officer from the jurisdictional agency will be requested and utilized Members of IRNET will notify the jurisdictional agency Watch Commander regarding the type of activity which will be taking place, the location and approximate time of the operation IRNET will also notify the narcotics detail of the affected agency. 1 To prevent a duplication of effort 2 To protect undercover officers 3 A means to gather additional intelligence. C. Undercover Operations IRNET, by its nature, will have numerous occasions to conduct undercover operations Specifically, this will entail introducing undercover officers to narcotics traffickers to purchase drugs or infiltrate their organization To ensure officer safety and proper case development, the following guidelines will be adhered to (Federal agencies will additionally observe DOJ guidelines) Page 110 1. Preparation and Plannmg a. Discuss the purpose and intention of the operation with your supervisor Depending on the magnitude of the investigation, it may require prior approval through the Program Manager to the Executive Board 2 Determine Logistical Needs a Manpower An IRNET supervisor will assess each case with the Program Manager to determine if special tactics or the utilization of a special weapons team will be required Jurisdictional responsibilities will be recognized b Equipment 1 Communications 2. Wireless Transmitter/Receiver with Recorder 3 Helicopter 4) "Flash Roll" c Plan Formulation 1 Indicate the scenario the Undercover Officer will utilize 2 Designate a Case Agent 3 Prepare a case history on the violators involved d Operational Plan 1 A written operational plan will be submitted by the Case Agent on all narcotics investigations including buy/busts, arrest and search warrant service and undercover surveillance cases The Program Manager will approve all operational plans In cases involving narcotics deliveries out of state or reverse operations more than 10 kilos in weight, the captain of the Narcotics Division (SBCSD) will be notified before beginning the operation 2 Plan Format a The written plan will include suspect information, criminal history, pictures, vehicles, and associates b A bnef case history of the suspect's method of operation and other criminal tendencies Pagel 11 c Maps, diagrams, and address 1 Clothing description 2 Undercover vehicle 3 Money flash vehicle 4 Clothing description of undercover officer and confidential informant, if involved 5 Arrest and trouble signal (visual and audio) d List of all officers involved, including their assignment and vehicle and equipment responsibilities e Copies of the plan will be distributed to all involved officers f Notification of the law enforcement agency where the operation will take place will be noted on the plan, including who was notified g Communication channel frequency for the operation and necessary clearances from Central Dispatch (An alternative frequency should be included in case of communication problems on the primary channel) h Before starting, a complete briefing will be conducted utilizing the wntten plan 1 The Program Manager will approve all tactical plans before its implementation e. Undercover Operation (U/C) 1 The U/C will not deviate from the written plan unless he/she can obtain supervisory approval during the operation 2 When the arrest signal is given, the U/C will not be involved in the actual arrest unless the situation dictates his/her intervention 3 If during the operation, the U/C is robbed by the suspects for the flash money, he/she will immediately give the trouble signal and rely on the cover/surveillance units to take appropnate actions 4 The U/C officer will never "front" any portion of the flash roll Additionally, he/she will not "front" any special funds for narcotics purchases without pnor supervisory approval Page 1 12 5 The U/C officer will never meet with suspects m a narcotics mvestigation without proper surveillance and cover units Notification and approval by an IRNET sergeant are required before any meeting between a suspect and CI 6 Section 11367 of the Health and Safety Code provides immunity from prosecution to authorized peace officers or other agents while investigating violations of the Health and Safety Code D, Use of Intoxicating Beverages/Drugs 1. IRNET Personnel will not use or possess any intoxicating beverage before reporting for duty to the extent that they are impaired, nor will they use intoxicating beverages while on duty. Members will adhere to their respective department policies for the use of intoxicating beverages IRNET personnel, with the consent of their superior officer, may drink alcoholic beverages while on duty when necessary to accomplish a police purpose a IRNET personnel who have approval from a superior to dnnk while involved in a covert operation must. 1 Not drink to such a degree that their judgment may be impaired 2. Not drive a vehicle after such assignment, until reaching an appropriate state of sobriety b IRNET personnel will ensure that all persons under their control and who have used alcoholic beverages can perform their tasks without becoming a danger to themselves or others 2. IRNET officers shall not maintain drugs or paraphernalia for their use or provide paraphernalia for use 3 IRNET personnel shall not use any narcotic or drug The only exception would be in a life- threatening situation. If in the best judgment of the employee, failure to use a drug or narcotic could result m death or serious injury, that employee may participate in the use. IRNET personnel will notify their supervisor if they are taking prescribed medication that may interfere with the performance of their job duties. During some covert investigations, it may become necessary to simulate the use of narcotics, for example, simulating the smoking of marijuana or the inhalation of stimulant drugs a As soon as possible after use or simulation, the officer will be examined by a supervisor and, if necessary, by medical personnel to determine the extent of intoxication or effect A complete report by the officer and his supervisor will be submitted regarding the circumstances of the use of simulation and the effects thereof Based on this examination and report, appropriate action will be taken if necessary by the Program Manager Page i13 4 The investigative staff will see that informants under their direction have read and understood the provisions of the Confidential Agreement Form as it applies to the use of alcohol, drugs, and narcotics E Investigative Expenses IRNET officers will in the performance of their duties, expend program funds during narcotic investigations Included in this area will be narcotic purchases, program mamtenance, and operational expenses (Federal agents will adhere to their respective agencies policies). 1 Narcotic Purchases IRNET officers will have the availability of expending funds for narcotics with prior supervisory approval 2 Program Maintenance Will include meals, gasoline, lodging and money tor confidential informants and/or witnesses Another officer will be present while disbursing these funds or obtaining a signed receipt from the recipient. The purpose is to protect the credibility of IRNET officers On rare occasions, it is conceivable that an officer will not be able to adhere to the above policy. In those instances, the officer can disburse funds and later advise a supervisor of the circumstances 3 Operational Expenses Will include officer expenses in an undercover capacity for food, gasoline, lodging, vehicle rental, special equipment, and any other item deemed necessary by the supervisor to enhance the successful completion of an operation. F Confidential Informant Procedures It will be the responsibility of IRNET sergeants to ensure that the following procedures are followed by investigative personnel while utilizing informant operatives While assigned to IRNET, federal agents responsible for managing IRNET informants will follow their respective agencies policies while remaming in compliance with the below -listed IRNET policies. 1 Informant Files An IRNET coded file will be maintained on each informant operative, which will minimally consist of the following a Background Information Sheet and Photograph b CII and/or FBI Rap Sheet c A report of the prospective investigations in which officers anticipate engaging the informant Page 1 14 d. A list of investigations in which the informant has participated. e De -briefing of current criminal activity that the informant knows f. Copies of authorization and follow-up memorandums (if applicable). g Informant files shall be kept pursuant to member agency policies and procedures h The IRNET Program Manager shall maintain a copy of mformant files in compliance with San Bernardino County Shenff's Department policy 2 Request Memorandum The investigator wishing to use an informant who is currently charged or is going to be charged will initiate a memorandum requesting authorization a Memorandum addressed to the Program Manager and District Attorney or United States Attorney, from an IRNET supervisor. b Contain a summary of charges c Authonzation from arrestmg officer or agency d A general overview of proposed investigations (do not list suspect's name) e The type of investigative assistance informant is expected to provide (information, obtain evidence, a covert operative, testify, etc ) f A paragraph outlining the informant's understanding of the District Attorney's and IRNET's involvement which specifically states that no promises of leniency or specific types of sentencing can be made, and defendant must enter a guilty plea on the charges The Court will ultimately handle disposition and sentencing of the case with which he/she is presently charged The District Attorney and IRNET can only make recommendations based on their evaluation of the informant's participation in the investigations g. Attachments 1 Informant's current CII and/or FBI Rap Sheet 2. Confidential Agreement Form 3. Consent Form 4. Copy of Crime Reports (if possible) Page 1 15 3 Follow-up Memorandum After the investigations are completed, a follow-up memorandum shall be written to the District Attorney or United States Attorney outlining the informant's assistance. It will contain the following a Present status of the case pending against informant b Investigations c. A general appraisal of aid rendered by the informant (very successful, did not meet the commitment, seemed insincere, etc ) d If an informant fails to meet his/her commitments and make himself/herself available to and participate with the investigating officers, the Program Manager and District Attorney or United States Attorney will be advised immediately by inter -office memorandum The Program Manager shall review all follow-up memorandums and status memorandums written to the Distnct Attorney or United States Attorney concerning the Confidential Informants and then hand -carried to the District Attorney or the United States Attorney G. Informant Identification 1 The informant's identity must always be known to the supervisor and Program Manager a Officers are reluctant to divulge the names of their informants, so access to informant files must be linuted on a "need -to -know basis" only b. Knowing the name of the informant is not enough A complete identification package will be maintained II Planning Operations Involving Informants Planning includes proper time, workforce, and logistical support 1. The case agent must control the direction of the operations and the informant They must never place themselves in the position of having to act when there is not enough team members or equipment 2 The entire relationship and direction must come from the officer a It is not uncommon for the informant to attempt to become involved in planning b The informant should not be present at briefings Page 1 16 I Undesirable Informants When a case agent is aware an informant is undesirable, all contact with that informant should cease, and the reasons should be noted in his/her informant package This information will be disseminated throughout the narcotic enforcement community When a case agent determines it necessary, informants will be checked through LACRCIC/WSIN to see if they have been "blackballed" before utilizing them J Shooting Incidents Any member of IRNET who discharges his weapon during the performance of duty will immediately notify the i Jurisdictional agency of the area in which the discharge took place 2 Program Manager (IRNET), or on call Sheriff's Duty Captain a San Bernardino Sheriff' s Duty Matrix and current officer involved policies and procedures shall be complied with 3 The respective department's Watch Commander from which the officer is employed In those cases where death or serious injury is related to a shooting or the operation of a motor vehicle, the jurisdictional agency will handle the full investigation according to departmental policy and procedure 4 IRNET MOU does not supersede the policy of any member agency K Evidence 1 Collection, Storage, and Testing The facilities of the San Bernardino County Shenff s Department will be utilized by IRNET to maintain a proper evidence chain on all items collected in pursuit of case preparation All evidence obtained during an investigation will be tagged and placed mto an appropriate evidence locker without unnecessary delay. In addition, when handling seized narcotics or money, no less than two (2) officers will be detailed to move or count such contraband Further, at no time, after seizure and before placement in secure storage will less than two (2) officers be allowed to maintain security on such items As a matter of routine, the seized currency will be placed into a plastic bag designed for that purpose. This receptacle will be sealed, dated, and initialed by the case agents and only opened by the appropriate federal or state agency Pagel 17 Under normal circumstances, currency seized because of IRNE l' investigations will be forfeited through a state or federal government agency Because of this, the money will be turned over as soon as possible after the seizure, and they will conduct an exact count of the cash Any deviation from these procedures will require the prior approval of the Program Manager ARTICLE X. FISCAL GUIDELINES A. Payroll Checks and Balances 1. Payroll Their respective agency will pay all personnel assigned to IRNET 2 Sick Time All personnel will utilize sick time following their respective agency's policies and procedures Reporting of sick time will be made to the IRNET supervisor IRNET will notify the officer's agency to assure proper notification and timekeeping 3 Overtime All personnel will attempt to contact/notify the supervisor for approval before working overtime All personnel will, as required, work beyond their normal work day or respond on call -outs as deemed necessary by the Program. Manager or supervisor Each local agency will have any overtime worked by their respective personnel assigned to IRNET, reimbursed by the HIDTA grant, up to the federal cap on overtime reimbursement All overtime worked after HIDTA funds are expended will be the sole responsibility of each respective agency. B Fiscal and Voucher Procedure 1 Special Appropriation Fund As the fiduciary, the Sheriff of San Bernardino County will absorb a majority of the cost of IRNET operations Therefore, SB SD will receive a larger share of seized assets and will return 21% to the special appropriation fund for program expenses and an additional 12 475% to the special appropriation fund for Confidential Informant payments. The utilization, responsibility, accountability, and control of this fund will be determined exclusively by the Program Manager Page 118 As surplus funds are accumulated, the Program Manager will report to the Executive Board, and a decision will be made on how to utilize the money A monthly report will be forwarded to the Executive Board reflecting the status of the fund 2 Investigative Funds Investigative funds are those authorized expenditures incurred by officers while working undercover or on surveillance They must directly relate to the continuing development of an investigation or informant The Sheriff of San Bernardino County will provide for the imtial funding of this item and will be reimbursed from the Special Appropriation Fund A voucher will include a statement as to the reason the money was expended By signing the voucher, the officer is attesting to the validity and necessity for the expenditure a. Date b. Amount c Reason(s) d Signature of requester It shall be submitted to a Sergeant for review and authorization signature of the Program Manager 3. End of Year Accounting A full accounting of all expenditures will be made to the Executive Board by the end of each year 4 Maintenance of the Fund Pertinent accounting records will be made available to the Executive Board upon their request for inspection and audit 5 Custodian of the Fund The custodian of the fund is the Program Manager He or she will a Have access to the fund. b Retain copies of cash advance form, expense vouchers, and receipts applicable to the fund c Maintain lists of individuals authorized to draw money from the fund and individuals authonzed to approve advances and expenditures, will update these lists as appropnate Page 1 19 d Release cash to authorized individuals upon receiving properly prepared and approved forms. e Accept cash being returned to the fund and place in the safe and issue a receipt as to relieve the person returnmg the cash of further responsibility f Perform any other duties referred to in this procedure or as may be deemed appropriate in compliance with current San Bernardino County Sheriff's Department fiscal procedures Page 120 This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcot s Enforcement Team (IRNET) As Officer affixed bel fth E si if utive Board and representatives of the IRNET member agencies, the signatures ur agreement to the contents of this Memorandum JUL 2 3 tats John Mc. hon, Sheriff -Coroner Date San Bern mo County Sheriff s Department Page 1 21 This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum 601/ 9 Kathleen Barnes, Division Chief Date California Department of Alcoholic Beverage Control Page 122 This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum :UL 2 Z 2019 Robert Goetsch , Special Agent in Charge Date U S Department of Homeland Security Page 1 23 This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum Robert Avels, Chief of Police Montclair Police Department Page 1 24 Date This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum Derek Williams, Chief of Police Date Ontario Police Department Page 1 25 This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum Christopher R Catren, Chief of Police Redlands Police Department Page 1 26 1/31-zvil Date This Memorandum of Understanding outlines the organvrational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum i9 Bianco, Sheriff -Coroner Date Riverside County Sheriff's Department Page 1 27 This Memorandum of Understanding outlines the organizational operatmg policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRVET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum. Eric McBride, Chief of Police San Bernardino Police Department Page 1 28 Date This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum.(90-01 Voviette Morga Federal Bure Page 1 29 cial Agent in Charge Da stigation r This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Rei onal Narcotics Enforcement Team (IRNET) As Officers of the Executive Board and representatives of the IRNET member agencies, the signatures affixed below signify our agreement to the contents of this Memorandum /9f1 (-/i Wade Shannon, Special Agent m Charge " Date Drug Enforcement Administration Page 130