Loading...
HomeMy WebLinkAboutContracts & Agreements_83-2020MEMORANDUM OF UNDERSTANDING Inland Regional Narcotics Enforcement Team (IRNET) Revised 12/10/19 • 1 TABLE OF CONTENTS ARTICLE I NAME.. 1 ARTICLE II. PURPOSE 1 ARTICLE III. EXECUTIVE BOARD 1 ARTICLE IV. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING 1 ARTICLE V DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS 2 ARTICLE VI. ORGANIZATIONAL OPERATING PROCEDURES 2 A Site Location 2 B Structural Command 2 C Case Initiation 3 D Enforcement Manpower 3 E Prosecutorial Support 3 1 Cross -Designation of Attorneys 3 2 Special Program Attorney 3 F Equipment Pool 3 G Request for Assistance 3 H Reporting Format 4 I Undercover Documents 4 J Operating Standards 4 K Personnel 4 L Life of this Agreement 4 ARTICLE VII. FISCAL PROCEDURE 5 A. Special Appropriation Fund 5 B Asset Sharing 5 ARTICLE VIII. ADMINISTRATIVE GUIDELINES 5 A Case Information B Document Security C Undercover Documentation 6 D Firearms 6 E Qualification 7 F Other Defensive Equipment 7 1 Handcuffs 7 2 Equipment 7 3 Protective Garments 7 4 Operation Jackets 7 G Press Release 7 H Release of Information 7 1 General Information for Release 7 2 Information NOT for Release 8 I Multi-Agency Administrative Concerns 1. Citizen Complaints 8 2. Employee Evaluation 8 3 Injuries Sustained On-Duty 9 4 On-Duty Motor Vehicle Accidents . 9 J Administrative Policy 9 ARTICLE IX INVESTIGATIVE GUIDELINES 9 A Outside Agencies - Requests For Assistance 9 B Notification .. 9 C Undercover Operations 10 1 Preparation and Planning 10 2 Determine Logistical Needs 10 D Use of Intoxicating Beverages/Drugs 12 E Investigative Expenses 13 1 Narcotic Purchases . 13 2 Program Maintenance 14 3 Operational Expenses . 14 F Confidential Informant Procedures 14 1 Informant Files .. 14 2 Request Memorandum ... 15 3 Follow-up Memorandum 15 G Informant Identification 16 H Planning Operations Involving Informants 16 I. Undesirable Informants 16 J Shooting Incidents 17 K Evidence 17 1 Collection, Storage, and Testing 17 ARTICLE X. FISCAL GUIDELINES 18 A Payroll Checks and Balances 18 1 Payroll 18 2 Sick Time 18 3 Overtime 18 B Fiscal and Voucher Procedure 18 ARTICLE XI SIGNATURE PAGES 19 California Department of Alcoholic Beverage Control 19 Drug Enforcement Administration 20 Federal Bureau of Investigations 21 Montclair Pohce Department 22 Ontario Police Department , 23 Redlands Police Department 24 Riverside County Sheriffs Department 25 San Bernardino Police Department ....... . 26 San Bernardino County Sheriff's Department 27 U S Department of Homeland Security.... 28 ARTICLE I NAME The name of this organization shall be the Inland Regional Narcotics Enforcement Team (IRNET). ARTICLE II. PURPOSE The purposes of this organization are: The identification and conviction of high-level drug traffickers and the seizure of assets derived through drug trafficking. The targeting, investigation, and prosecution of individuals who organize, direct, finance, or otherwise engage in high-level drug trafficking enterprises, or money laundering with high priority emphasis on those subjects engaged in the importation of drugs for sale into San Bernardino and Riverside Counties Members will conduct coordinated drug enforcement efforts throughout the Inland Region, encouraging maximum cooperation between all law enforcement and prosecutorial agencies ARTICLE III. EXECUTIVE BOARD 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 in Charge of the participating federal and state law enforcement agencies or their designees 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 minimum All meetings are scheduled at the Sheriff s Department Gangs/Narcotics Division Commander's request to maintain this requirement ARTICLE IV AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING The Executive Board may amend any Article of this Memorandum of Understanding by a two- thirds (2/3) vote of the quorum Page 1 1 ARTICLE V. DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS 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. Assets seized federally are subject to an administrative cost, which is 20% for the Department of Justice or 30% for the Department of Treasury Any forms submitted for equitable sharing by agencies outside of IRNET will reduce all IRNET partner agency percentages, according to equitable sharing guidelines Assets seized through under State law are subject to an administrative cost of 35% for the State of California It is agreed that each IRNET participating agency may submit a claim for an equitable share of any remaining funds based on the participating agency's respective contribution to the IRNET organization IRNET participating agencies agree that each agency will be awarded 3 502% per personnel assigned to IRNET Sworn personnel assigned to IRNET are as follows. ABC - 1, Montclair PD - 1, Redlands PD — 1, Riverside SO - 1, Ontario PD - 1, San Bernardino PD - 1, San Bernardino County SO - 13 It is agreed that SBSD will receive an additional 21%, which will be returned to the IRNET program to cover operating costs, and an additional 12 475%, which will be used to pay Confidential Informants Therefore, the agreed-upon equitable share of the assets seized shall be. ABC Share —3.502% San Bernardino PD Share — 3 502% Montclair PD Share — 3 502% Ontario PD Share — 3 502% Riverside Sheriffs Dept Share — 3 502% Redlands PD Share — 3 502% SBSD Share — 78 988% All IRNET participating members will be responsible for submitting their forms on behalf of their agency for an equitable share of seized assets. All returned assets will be distributed under applicable federal and state law and following the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies 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 Sheriffs Department, Gangs/Narcotics Division, will assign a designee with the rank of lieutenant or higher, which will be responsible for reporting directly to the Board on all matters of IRNET concern Page 1 2 C Case Initiation All IRNET investigations shall regularly be reviewed by the Sheriff's Department Gangs/Narcotics Division lieutenant or his designee. Areas of discretion in the setting of priorities 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 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 investigative officers 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 F. Equipment Pool The San Bernardino County Sheriff's Department will supply IRNET members with specialized items, mobile devices, and office equipment (desks, chairs, typewriters, file cabinets, phones, computers, office supplies, etc ) The San Bernardino County Sheriffs Department 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. The participating agency should provide their investigator with department radio and mobile device which will assist with investigations 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 Page 1 3 H. Reporting Format The San Bernardino County Sheriff'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 activities. 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 in 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 commander or his designee of the Sheriff's Gangs/Narcotics Division, with Board approval, may reject 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 Sheriff's Department Gangs/Narcotics Division lieutenant and follow all policies, procedures, and guidelines specifically enacted by 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 bring 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 Either party may terminate this agreement on 30 -days advanced written notice Page 1 4 ARTICLE VII FISCAL PROCEDURE A Special Appropriation Fund A Special Appropriation Fund shall be established by SBSD 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 Sheriff's Department lieutenant overseeing IRNET and shall conform to standards as required by policy and procedure for San Bernardino County Sheriffs Department. Federal agencies will adhere to federal law and respective agency policies and procedures for any expenditures and reimbursements of expenses incurred by or through the federal agent B Asset Sharing IRNET will provide an audit trail that will show the assets seized are following applicable state and federal law IRNET's finance specialist will notify partner agencies of a seized asset so the required 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 information 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 the Department of Justice guidelines Written 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 Page 1 5 Questions about the appropriateness of releasing case information will be referred to the lieutenant of IRNET 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 information 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 Sheriffs Records Bureau In any case, the 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 Driver's License, and 2 Documents to support covert identification as they become available The IRNET lieutenant 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 in an official capacity, and the use of the covert identity is required in the furtherance of the case The IRNET lieutenant may deem additional documentation, such as credit cards, a credit rating with TRW, a passport, or a social security card to support identity The need for these items will be evaluated on a case-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 following their department's policies and procedures Officers may carry authorized firearms while off duty; however, applicable departmental policies about the use of firearms shall apply Page 1 6 E. Qualification IRNET member's department must approve any firearm carried by an officer, and minimum departmental standards for qualification met If no departmental requirements exist, the San Bernardino County Sheriff'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 media 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 investigation, 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 " The IRNET lieutenant will designate the "Press Information Officer " Members of IRNET will not release information to the press unless otherwise directed to do so by the IRNET lieutenant H Release of Information The IRNET lieutenant 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 in the direction of the Executive Board Generally, a description of the circumstances which do not prejudice the rights of the suspect(s) or interfere with an investigation will be made. 1. General Information for Release Page 17 a Type of crime (statutes violated, etc ) b The 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 IRNET lieutenant or in his absence, a supervisor, and a written report will be submitted to the Sheriff's Department Gangs/Narcotics Division commander for evaluation The IRNET lieutenant 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 Page 1 8 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 their supervisor with a packet containing the forms and application instructions for processing per Sheriffs Department policies and procedures 4. On -Duty Motor Vehicle Accidents 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 lieutenant for further review and necessary action. In any on -duty motor vehicle accident, whether injury or non -injury, the IRNET lieutenant or his designee will immediately notify the member agency, so they can notify their appropriate Risk Management/Civil Liabilities Division per Sheriffs Department policies and procedures. J Administrative Policy 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 IRNET lieutenant as soon as practicable after being received The Sheriff's Department Gangs/Narcotics Division commander 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 following 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 Page 1 9 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 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 The following guidelines will be adhered to as to ensure officer safety and proper case development (Federal agencies will additionally observe DOJ guidelines) 1. Preparation and Planning 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 IRNET lieutenant to the Executive Board 2. Determine Logistical Needs a Manpower An IRNET supervisor will assess each case with the IRNET lieutenant to determine if special tactics or the utilization of a special weapons team will be required Jurisdictional responsibilities will be recognized. Page 110 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 IRNET lieutenant 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 of the suspect's method of operation and other criminal tendencies c Maps, diagrams, and address. 1 Clothing description 2 Undercover vehicle 3 Money flash vehicle 4 Clothing description of undercover officers and confidential informant, if involved 5 Arrest and trouble signal (visual and audio) 6 List of all officers involved, including their assignment and vehicle and equipment responsibilities. 7 Copies of the plan will be distributed to all involved officers Page 1 11 d Notification of the law enforcement agency where the operation will take place will be noted on the plan, including who was notified e 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) f Before starting, a complete briefing will be conducted utilizing the written plan g. The sergeant assigned to the IRNET team will approve all operation 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 appropriate 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 prior supervisory approval 5 The U/C officer will never meet with suspects in a narcotics investigation 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 Page 112 a. IRNET personnel who have approval from a superior to drink 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 narcotics or drugs 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 in 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 IRNET lieutenant 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 maintenance, 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 Page 113 2. Program Maintenance Will include meals, gasoline, lodging, and money for 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 agency's policies while remaining 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 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 IRNET lieutenant shall maintain a copy of informant files in compliance with the San Bernardino County Sheriffs Department policy Page 114 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 IRNET lieutenant and District Attorney or United States Attorney from an IRNET supervisor b Contain a summary of charges c Authorization from arresting officer or agency d. A general overview of proposed investigations (do not list the 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 the defendant must enter a guilty plea on the charges The Court will ultimately handle the 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 i. Informant's current CII and/or FBI Rap Sheet ii. Confidential Agreement Form 111 Consent Form iv Copy of Crime Reports (if possible) 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 Page 115 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 IRNET lieutenant and District Attorney or United States Attorney will be advised inunediately by inter -office memorandum The IRNET lieutenant shall review all follow-up memorandums and status memorandums written to the District 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 The informant's identity must always be known to the supervisor and IRNET lieutenant. 1 Officers are reluctant to divulge the names of their informants, so access to informant files must be limited on a "need -to -know basis" only 2 Knowing the name of the informant is not enough A complete identification package will be maintained H. 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 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 Page 1 16 J. Shooting Incidents Any member of IRNET who discharges his weapon during the performance of duty will immediately notify the. 1 Jurisdictional agency of the area in which the discharge took place 2. IRNET lieutenant, or on-call Sheriffs 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 an officer -involved 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 Sheriff'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 into 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. Under normal circumstances, currency seized because of IRNET 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 IRNET lieutenant Page 117 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 ensure 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 workday or respond on call -outs as deemed necessary by the IRNET lieutenant 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 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 initial funding of this item, and funds will be distributed from the Sheriff's Department 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 of 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 IRNET lieutenant. Page 1 18 ARTICLE XI. SIGNATURE PAGES Calafornia Department of Alcoholic Beverage Control The signatures affixed below signify the California Department of Alcoholic Beverage Control agrees to the contents of this Memorandum 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 Kathleen Barnes, Division Chief California Department of Alcohohc Beverage Control Page 19 //y/D-o Date Drug Enforcement Admcncstrataon The signatures affixed below signify the Drug Enforcement Administration agrees to the contents of this Memorandum 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 Wade Shannon, Special Agent in Charge Drug Enforcement Administration Page 1 20 3"3-Zd 20 Date Federal Bureau of Investigations The signatures affixed below signify the Federal Bureau of Investigations agrees to the contents of this Memorandum. 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 ► - low signify our agreement to the contents of this Memorandum Voviette D Morga '.'" ecial Agent in Charge Federal Bureau . In a igation Page 1 21 01 A/ 1 .te Montclair Police Department The signatures affixed below signify the Montclair Police Department agrees to the contents of this Memorandum 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 Date Montclair Pohce Department Page 1 22 Ontario Police Department The signatures affixed below signify the Ontario Police Department agrees to the contents of this Memorandum 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 Ontario Police Department Page 1 23 Date Redlands Police Department The signatures affixed below signify the Redlands Police Department agrees to the contents of this Memorandum. 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 Chris Catren, Chief of Police Redlands Police Department Page 124 S/1l /7off, Date Riverside County Sheriffs Department The signatures affixed below signify the Riverside County Sheriff's Department agrees to the contents of this Memorandum 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 Chad Bianco,/ eriff-Coroner Riverside Co -Linty Sheriff's Department Page 1 25 Date San Bernardino Police Department The signatures affixed below signify the San Bernardino Police Department agrees to the contents of this Memorandum. 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 za Inc McBride, Chief of Police Date San Bernardino Police Department Page 1 26 San Bernardino County Sheriff's Department The signatures affixed below signify the agencies agreed to the contents of this Memorandum This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET) As Officers affixed bel th ive Board and representatives of the IRNET member agencies, the signatures r agreement to the contents of this Memorandum John ahon, Sheriff -Coroner San - r ardino County Sheriff's Department Page 127 /2-/P Date U S Department of Homeland Security The signatures affixed below signify the U S Department of Homeland Security, Homeland Security Investigations (HSI), agrees to the contents of this Memorandum. 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 offd-bc _w signify our agrepent to the conten of this Memorandum JAN 3 0 2020 Robert Goetsch, (ssistant Special Agent in Charge Date Homeland Security Investigations Page 1 28