Countv of Santa Cruz Sheriff - Coroner 701 Ocean Street, Suite 340, Santa Cruz, CA 95060 (831) 454 - 2440 FAX: (831) 454-2353 Steve Robbins Sheriff - Coroner January 17,2007 Agenda: January 23,2007 Board of Supervisors County of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California 95060 RE: Central Coast Rural Crime Prevention funds Dear Members of the Board: The District Attorney’s Office, along with the Sheriffs Office, is requesting approval to apply for $60,000 in Central Coast Rural Crime Prevention funds for fiscal year 2006/07. This letter is to provide your Board with background information regarding the Central Coast Rural Crime Prevention Program and related matters. According to the Rural Police Project, California farmers lose $30 million per year due to theft. The Sheriffs Offtce has taken reports on stolen equipment, fuel tanks being siphoned, theft of flower bulbs with a value of nearly $30,000, and thousands of dollars worth of missing crops. In accumulated reports from the Sheriffs Office and CHP, Santa Cruz County has experienced in the last year stolen tractors and trailers valued at over $220,150. In 2005, the Sheriffs Office assigned one deputy sheriff to address rural crimes on a part-time basis. The Sheriffs Office, along with the District Attorney and Agricultural Commission, also joined the ACTION Project. The ACTION Project is a federally funded program that offers technological support to participating California jurisdictions. Our participation provides Santa Cruz County with technological, strategic and analytical support to improve the prevention, detection, arrest and prosecution of agriculturally related crimes committed in the rural areas of Santa Cruz County. This partnership also offers an integrated network of specialized agricultural crime law enforcement units in and throughout the Central Valley and San Luis Obispo County. Recently, the State of California adopted legislation to provide funding for a Central Valley Rural Crimes Prevention Program to address the growing problems of agricultural related crime. The Central Valley Rural Crimes Prevention Program funds are designed to be used to develop a program, provide funding for additional law enforcement and district attorney personnel and to provide operating expenses. The Santa Cruz Sheriffs Office is working with the District Attorney’s OfFice to apply
55
Embed
Countv of Santa Cruzsccounty01.co.santa-cruz.ca.us/BDS/GovStream2/BDSvData/non_leg… · 23/1/2007 · Countv of Santa Cruz Sheriff-Coroner 701 Ocean Street, Suite 340, Santa Cruz,
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Countv of Santa Cruz Sheriff-Coroner
701 Ocean Street, Suite 340, Santa Cruz, CA 95060 (831) 454-2440 FAX: (831) 454-2353
Steve Robbins Sheriff-Coroner January 17,2007 Agenda: January 23,2007 Board of Supervisors County of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California 95060
RE: Central Coast Rural Crime Prevention funds
Dear Members of the Board:
The District Attorney’s Office, along with the Sheriffs Office, is requesting approval to apply for $60,000 in Central Coast Rural Crime Prevention funds for fiscal year 2006/07. This letter is to provide your Board with background information regarding the Central Coast Rural Crime Prevention Program and related matters.
According to the Rural Police Project, California farmers lose $30 million per year due to theft. The Sheriffs Offtce has taken reports on stolen equipment, fuel tanks being siphoned, theft of flower bulbs with a value of nearly $30,000, and thousands of dollars worth of missing crops. In accumulated reports from the Sheriffs Office and CHP, Santa Cruz County has experienced in the last year stolen tractors and trailers valued at over $220,150.
In 2005, the Sheriffs Office assigned one deputy sheriff to address rural crimes on a part-time basis. The Sheriffs Office, along with the District Attorney and Agricultural Commission, also joined the ACTION Project. The ACTION Project is a federally funded program that offers technological support to participating California jurisdictions. Our participation provides Santa Cruz County with technological, strategic and analytical support to improve the prevention, detection, arrest and prosecution of agriculturally related crimes committed in the rural areas of Santa Cruz County. This partnership also offers an integrated network of specialized agricultural crime law enforcement units in and throughout the Central Valley and San Luis Obispo County.
Recently, the State of California adopted legislation to provide funding for a Central Valley Rural Crimes Prevention Program to address the growing problems of agricultural related crime. The Central Valley Rural Crimes Prevention Program funds are designed to be used to develop a program, provide funding for additional law enforcement and district attorney personnel and to provide operating expenses. The Santa Cruz Sheriffs Office is working with the District Attorney’s OfFice to apply
for the allocated funding of $60,000 in 2006/07. The Sheriffs Office will provide $1 7,500 to the District Attorneys' Office to fund 1 1 % of an Assistant District Attorney position to assist with prosecution and the remaining $42,500 to fund 44% of a rural crimes deputy position. No local matching funds are required.
It is therefore recommended that your Board:
1) Accept and file this report on the Central Coast Rural Crime Prevention Program and authorize the District Attorney to apply for funds during fiscal year 2006/07;
2) Approve grant application for the Central Coast Rural Crime Prevention Program and authorize the District Attorney and County Administrative Officer to sign the grant documents; and
3) Request the Sheriff-Coroner and District Attorney to return with the required financial documents upon grant award notification.
Very truly yours, .
Steve Robbins *
Sheriff-Coroner
~ M M E N D E D : /
>
S'u'S'an A. Mauriello County Administrative Officer
Bob Lee Bob Lee District Attorney
cc: Auditor, Sheriff-Coroner, CAO
STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor ~~
C A L I P O P I I A LAW ENFORCEMENT AND VICTIM SERVICES DIVISION
GOVERNOR’S OFFICE OF EMERGENCY SERVICES 3650 SCHRIEVER AVENUE
CENTRAL COASTAL RURAL CRIME PREVENTION PROGRAM RFA
Submitted by:
$anta Cruz County District Attorney’s Office
701 Ocean Street, Rm 200 Santa Cruz, CA 95060
(831 ) 454-2400
OES ID# Award #
GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION
GRANT AWARD FACE SHEET (OES A301) The Governor's Office of Emergency Services, hereafter designated OES, hereby makes a grant award of funds to the following:
1. Grant Recipient: Santa Cruz County
hereafter designated Recipient, in the amount and for the purpose and duration set forth in this grant award.
Santa Cruz County District Attorney's Office 2. Implementing Agency:
3. Project Title: Central Coast Rural Crime Prevention Program 4. Grant Period: 7/1/06 to 6/30/07
*Select the fund source(s) from the lists below and or type the appropriate acronym in box 8 or 9 and enter the amount@) from each source. Please do not enter both State and Federal fund sources on the same line. Add any cash match(s) and enter total in Block IOG.
Fund Source A. State G. Total D. Cash E. In-Kind F. Total
Match Match Match Project Cost B. Federal C. Total
1 60,000 1 5.
Fund Source
Fund Source ci 11 11. This grant award consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurance of Compliance forms which are being submitted. I hereby certify I am vested with the authority, and have the approval of the CitylCounty Financial Officer, City Manager, County Administrator, or Governing Board Chair, to enter into this grant award agreement; and all funds received pumuant to this agreement will be spent exclusively on the purposes specified. The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute@), the Program Guidelines, the Recipient Handbook, and the OES audit requirements, as stated in the applicable RFP or RFA. The grant recipient further agrees to all legal conditions and terms incorporated by reference in the applicable RFP or RFA, and agrees that the allocation of funds is contingent on the enactment of the State Budget.
12. Official Authorized to Sign for ApplicantlGrant Recipient:
I hereby cerMy upon my own personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above.
OES Program Manager Date OES Director (or designee) Date
Grant Award Face Sheet - AOES 301 - (Revised 1/2/2007)
PROJECT CONTACT INFORMATION
Applicant Santa Cruz District Attorney Grant Number [FOR OES USE ONLY]
Provide the name, title, address, telephone number, and e-mail address for the project contacts named below. If a section does not apply to your project, enter “NIA.” NOTE: If you use a PO Box address, a street address is also required for package delivery and site visit purposes.
The Executive Director of a nonprofit organization or the Chief Executive Officer (e.g., chief of police, superintendent of schools) of the implementing agency:
Name: Bob Lee Address: 701 Ocean Street
Title: District Attorney City: Santa Cruz Zip: 95060
Implementing Agency: Santa CrUZ COUntY D i s t r i c t Atto-rneg's Offir.P.
*The Project Director and Financial Officer are REQUIRED to sign this form.
The following persons are authorized to sign for the Project Director
. Name
Signature
Steve Robbins Name
Bd 7 5 Signature
Bob L e e
The following persons are authorized to sign for the Financial Officer
Ld& &fi& Signature
Linda Binaham -~
Name
Signature
Name
Signature
Name ~
Name
Signature Signature
Name Name
Signature Signature
Name Name
signature Authorization (I 1/15/2006)
CERTIFICATION OF ASSURANCE OF COMPLIANCE
1, BobLee hereby certify that (official authorized to sign grant award; same person as Section 12 on Grant Award Face Sheet)
Santa Cruz County RECIPIENT:
Santa Cruz County District Attorney’s Office IMPLEMENTING AGENCY:
Central Coast Rural Crime Prevention Program PROJECT TITLE:
is responsible for reviewing the Grant Recipient Handbook and adhering to all of the Grant Award Agreement requirements (state and/or federal) as directed by OES including, but not limited to, the following areas:
It is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), marital status, sex, sexual orientation, denial of family medical care teave, denial of pregnancy disability leave, or age (over 40). OES-funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights.
The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires all OES funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEAQ requirements.
Certification of Assurance of Compliance - OES 656 (Revised 7/1/2006)
OES grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement.
V. Debarment and Suspension - (2006 Recjpknt Handbook Section 2155) (This applies to federally funded grants only.)
OES-funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency.
Vl. Proof of Authority fmm City Council/Governing Board
The above-named organization (applicant) accepts responsibility for and will comply with the requirement to obtain written authorization from the city counciVgoverning board in support of this program. The applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from OES shall not be used to supplant expenditures controlled by the city councWgoveming board.
The applicant is required to obtain written authorization from the city councWgoverning board that the official executing this agreement is, in fact, authorized to do so. The applicant is also required to maintain said written authorization on file and readily available upon demand.
Certification of Assurance of Compliance - OES 656 (Revised 7/1/2006)
All appropriate documentation must be maintained on file by the project and available for OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Recipient may be ineligible for award of any future grants if the OES determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
CERTl FlCATl ON
I, the official named below, am the same individual authorized to sign the Grant Award Agreement [Section 12 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.
Authorized Off icia 1’s Signature: Bo4 y L Bob Lee
Authorized Official’s Typed Name:
Distict Attorney, Santa Cruz County Authorized Official’s Title:
Date Executed: / / V+*q CA0440000
Federal ID Number:
Santa Cruz 11 Executed in the CitylCounty of:
AUTHORIZED BY: (not applicable to State agencies)
0 City/County Financial Officer or City Manager or Governing Board Chair
Signature:
Susan A. Mauriello Typed Name:
County Administrative Officer Title:
Proiect Narrative
A. Description of the County of Santa Cruz
Santa Cruz County is located on the Monterey Bay. It is bordered, or surrounded, by
four other counties: San Mateo, Santa Clara, San Benito and Monterey. Geographically,
Santa CNZ County is the second smallest county in the state with a total of 439 square
miles. Of this area, the Sheriffs Office has the law enforcement responsibilities for
approximately 41 9 square miles. There are many small communities scattered throughout
the county.
The population of Santa Cruz County is approximately 255,602 according to the 2000
US Census Bureau figures. The population of the county is divided into the following
COUNTY OR COUNTIES SERVED: Enter the name@) of the county or counties served by the project. Put an asterisk where the project’s principal office is located.
County of Santa Crut
U.S. CONGRESSIONAL DISTRICT(S): Enter the number@) of the U.S. Congressional District(s), which the project serves. Put an asterisk for the district where the project’s principal office is located.
Congressional District 17 and 14
STATE ASSEMBLY DISTRICT(S1: Enter the number@) of the State Assembly District(s), which the project serves. Put an asterisk for the district where the project’s principal office is located.
State Assembly Districts 27 and 28
STATE SENATE DISTRICT(S): Enter the number(s) of the State Senate District@) that the project serves. Put an asterisk for the district where the project’s principal office is located.
State Senate District 1 I and 15
POPULATION OF SERVICE AREA: Enter the total population of the area served by the project.
255,602
A-25
PROJECT SUMMARY I 1. GRANT AWARD NO. 13. GRANT PERIOD
Central Coast Rural Crime Prevention 7/1/07 to 6/30/07 1 I 2. PROJECT TITLE Program -
4. APPLICANT 5. GRANT AMOUNT Santa Cruz County District Attorney’s
Name: Office Phone: 831 454-2400
Address: 701 Ocean St, Rm 340 Fax #:
City: Santa Cruz, CA Zip: 95060
(this is the same amount as 10G of the Grant Award Face Sheet)
$ 60,000
6. IMPLEMENTING AGENCY
Name: Santa Cruz District Attorney’s Office Phone: 831454-2400 Fax #: Address: 701 Ocean St, Rm 200 City: Santa Cruz Zip: 95060
7. PROGRAM DESCRIPTION The proposed project is for the Santa Cruz County DA’s Office, in cooperation with the Sheriffs Office, tc staff and to equip an agriculture crime specific unit. The Sheriff will assign a deputy position to figh agriculture related crimes. The project deputy is responsible for the criminal investigation processes; source documentation, and evidence gathering; community presentations; and the normal and direct liaison with lav enforcement agencies and resources. An assigned deputy district attorney will prosecute cases. The Sheriff, District Attorney, and Agriculture Commissioner have made agriculture crime a priority and have collectively joined the Central Valley’s ACTION crime task force in this effort to address agricultural I . ,....-- 8. PROBLEM STATEMENT Agriculture is the second largest industry in Santa Cruz County, earning $400 million dollars a year. Most 01 these activities are centered in South Santa Cruz County. The fact that Santa Cruz County’s agricultural industry is so productive has made it the target of criminal action as well. From the theft of commodities to the very expensive equipment used by the industry, there is no one area that has not been the focus of attention by criminals to profit at the expense of others. The budget crisis that has crossed the State of California had a major impact on local law enforcement. This has forced Santa Cruz County and other counties to reduce normal Sheriffs Office patrols in the rural areas. Agriculture has felt this reduction in patrols with higher incidents of crime and the corresponding reduction of Sheriffs related services.
9. OBJECTIVES The objectives of the programs are to enhance crime prevention efforts by maintaining a county program that strengthens law enforcement agencies’ ability in rural areas to monitor and detect agriculture-based crimes, to conduct felony and misdemeanor agricultural crime arrests, and to ather the information from the Sheriffs Office and allied law enforcement agencies and enter it ACTION& centralized database for the collection and maintenance of data on agricultural crimes.
Project Summary - OES 227 (Revised 1M12007)
// I O . ACTIVITIES
Conduct agricultural crimes investigations 0 Coordinate investigations and crime prevention programs among allied agencies
Gather, analyze, and retain centralized statistical information regarding agriculture related crimes, criminal offenders, cases addressed, other relevant information including prosecution of cases
1 I. EVALUATION (if applicable) 12. NUMBER OF CLIENTS
The project staff will evaluate the success of the project through a quantitative analysis of agricultural crimes related statistics from all cooperating agencies from past years to the present and the comparison of the projected numbers specified in the objectives and actual results.
(these are the same amounts as on Personal Operating
(if applicable)
13. PROJECT BUDGET
Budget Pages) Services Expenses Equipment TOTAL
Totals: $60,000
Project Summary - OES 227 (Revised 1/2/2007)
ORGANIZATIONAL CHART
Chief Assistant District Attorney
District Attorney
-._ -. - . -.
-1 Operations Chief Deputy
Operations Division
AG CRlME SECTION -. ..
-SAN BENITO SHERIFF'S OFFICE
SHERIFF'S OFFICE -MONTEREY
-WATSONVI LLE, P . D . -CALI FORNlA H I G H WAY PATROL AND OTHER ALLIED LAW ENFORCEMENT AG ENC I ES
5 I
Assistant Agricultural . Commissioner
Chief Deputy Agricultural
Commissioner
/ * ACTION PROJECT
*
TASK FORCE
A-22
ACTION Agricultural Crime Technology, Information and Operations Network
MEMORANDUM OF UNDERSTANDING Southern San Joaquin Regional
Agricultural Crime Prevention Project Team
Pnrticiparr ts in dude:
Tulare County District Attorney's Office Tulare County Sheriffs Department Tu la re County Agricultura I Commissioner
Kern County District Attorney's Office Kern County Sheriff's Department Kern County Agricultural Commissioner
Madera County District Attorney's Office Madera County Sheriff's Department Madera County Agricultural Commissioner
Monterey County District Attorney's Office hlonterey County Sheriff's Department Monterey County Ag ricu I tu ral Com m issione r
Stanislaus County District Attorney's Office Stanislaus County Sheriff's Department Stanislaus County Agricultural Commissioner
Fresno County District Attorney's Office Fresno County Sheriffs Department Fresno County Agricultural Commissioner
Kings County District Attorney's Office Kings County Sheriff's Office Kings County Agricultural Commissioner
Merced County District Attorney's Office Merced County Sheriff's Department Merced County Agricultural Commissioner
San Joaquin County District Attorney's Office San Joaquin County Sheriff's Department San Joaquin County Agricultural Commissioner
San Luis Obispo County District Attorney's Office San Luis Obispo County Sheriff's Department San Luis Obispo County Agricultural Commissioner
Project hilvestigative Team Objectives of the ACTION Tech Unit .............................................. Page 7
Article 7: Teimination of Participation .............................. ........................... Page 8 Tern of Ope rat ioidAgreen7 en t ............................................... Aiiendment of Joint Operating Agreement ................
An agrarian tradition is vital to the health of our state and nation. Agricultural crime in California, as it is in the rest of the United States, has a significant impact beyond that of just the victim. Agricultural production not only feeds the nation, but serves as an economic bulwark against increasingly aggressive foreign competition. Agriculture is absolutely critical to California’s future in the Pacific Rim. According to the Rural Police Project - Department of Criminal Justice, Illinois State University, California farmers lose $30 million per year in theft. Despite such figures, little attention has been given to a problem that, if left unchecked, endangers an entire industry vital to the world. The ACTION Project is a regional effort designed to address the proliferation of agriculture related crime that currently is either undetected, unenforced, or unreported to law enforcement.
With the passage of Assembly Bill (AB) 157, Penal Code Section 141 70 et seq., the Rural Crime Prevention Demonstration Program has moved out of the “demonstration” phase and into an implementation stage. The Bill has provided the knowledge, technology and personnel needed to aggressively confront agricultural crime in eight California counties. In addition to the state initiative, various law enforcement agencies in Tulare, Kings, Kern and Fresno counties have formed a consortium to facilitate the investigation and prosecution of agricultural crimes within the Southern San Joaquin Valley region. The focus of the Project Team is to improve the technology and methods used to combat agricultural crime. The ACTION Project combines the effort made possible with the passage of AB 157 with a regional vision of “high tech” coordination, cooperation and communication.
The Rural Crime Prevention Demonstration Project has shown that agricultural crimes are not just a local occurrence but often extend nationally and internationally. Stolen goods, whether it is tractors, agricultural chemicals or commodities can easily traverse great distances in a matter of hours. Apprehension, recovery and conviction often depend upon rapid identification and retrieval of information as well as specialized expertise. Identification and crime information in one locality often is not available in another. The solution lays in a regional approach and vision that minimizes multi- jurisdictional difficulties. It is not the intent of the ACTION Project to take over the investigation of the agricultural crime units from local jurisdictions, rather, it is to augment and assist in their investigations by providing high technology equipment, communication, imaging, presentation and information systems.
This program is supported by the California Agricultural Technology Institute, California State University Fresno, AgTAC - Edison International, United States Department of Justice - Bureau of Justice Assistance, U.S. Department of Agriculture, CLAMP Program, operating out of Los Angeles and the Los Angeles Region of the U.S. Customs Service.
Article 2: Mission Statement
Our mission is to prevent agricultural crime through coordination, cooperation, communication and collaboration of law enforcement agencies, industry and educational institutions. In furtherance of our mission, it is our intention to:
2.1, Coordinate law enforcement activities by utilizing investigative team members to effectively deal with the growing number of agricultural crimes;
2.2, Pool resources, share high technology equipment and expertise to assist in providing cost-effective law enforcement;
2.3, Increase the usage of state of the art technology in order to meet and anticipate identified regional needs;
2.4, Provide a state of the art agricultural crime computer information network to all member law enforcement agencies within the region;
2.5, Assess and facilitate training needs within the region and promote prevention through a public education campaign;
2.6, Decrease the potential for economic loss and danger to public safety by increasing the probability of apprehension and successful prosecution.
Article 3: Def i nitio ns
3.1, “ACTION Project” shall be the program name which stands for Agricultural Crime Technology, Information Operation Network Project.
3.2, “ACTION Project Investigative Team” shall be any group or team of individuals assembled together to conduct an ACTION Project assignment approved by the Project Director. Assignments include, but are not limited to, surveillance, investigations, arrests, education and prosecution.
3.3, “ACTION Center” shall be the designated headquarters for the ACTION Project, and shall house the ACTION Tech Unit, which includes the high tech equipment and tech vehicles. The ACTION Center staff will be comprised of employees paid for by the ACTION Grant and managed by the Program Director.
3.4 “Project Director” shall be the final authority of the ACTION Project. The Project Director will provide overall supervision and review, and will direct policy and procedure of the Project.
- 3.5, ”Regional Coordinator” shall provide administrative support for the Project
by compiling statistics, preparing reports, maintaining communication and serving as the day to day administrative liaison to the project. These duties will also include the scheduling and planning of meetings, trainings and the production and publication of training materials, newsletters, pamphlets and other informational brochures. The Regional Coordinator will prepare the foundation for the integration of additional
, agricultural producing counties within the State of California.
3.6, “Operations Officer” shall be responsible for the internal accounting of all ACTION Tech Unit activities and may establish whatever controls and procedures deemed necessary to carry out these duties. The Operations Officer shall forward to the Tulare County District Attorney’s Office all records, receipts and documents required by the Grant. An external audit of the program shall be conducted in accordance with the terms of the grants received and general accounting principals.
3.7 ”Special Operations Officer” shall be appointed by the Member Agency of the county where the special operation is taking place.
3.8 “Tech Unit” shall consist of two (2) individuals and operate under the supervision of the Project Director and a Sheriffs Lieutenant. The Tech Unit will have duties as set forth in Article 6.
Article 4: Orqanization
Persons and agencies will be classified as follows:
4.1, “Member Agencies” are those public or private agencies, law enforcement or educational agencies who are signatories to this Memorandum of Understanding (MOU), and have not terminated their participation.
4.2. “Membership Counties” are the County agencies that are member agencies involved with the Project.
4.3, “Investigative Team Member” shall be any public person or agency, law enforcement individual or educational agency representative who is assigned by a Member Agency or the Project Director and who is engaged in an ACTION Project assignment approved by the Project Director.
4.4, An “Affiliated Agency” shall be a public agency, law enforcement agency or educational agency that, although not a ”Member Agency,” has been temporarily assigned to participate in the ACTION Project. Such “Affiliated Agency” will be approved by the Project Director.
?
wwb 4.5, A “Parent Agency” is the agency who hires and pays the personnel expenses for the Agricultural Crime Unit officers.
4.6, “Advisors” are those public or private individuals who are appointed by the Project Director to advise on issues pertaining to the ACTION Project. Advisors will not hold voting privileges.
4.7, An “investigative position” must be filled by a “Law Enforcement Officer” within the meaning of Penal Code Section 872(b).
4.8, “Law Enforcement Agency” is any public agency that enforces the laws of the State of California or the laws of the United States of America.
Article 5: Formation and objectives of the ACTION Proiect lnvestiqative Team
The ACTION Project Investigative Team will:
5.1, Identify, analyze, investigate, arrest and assist in the prosecution of perpetrators who commit various forms of agricultural related crimes.
5.2, Target those entities suspected of being currently engaged in organized criminal activity, or who demonstrate a propensity to do so ( i .e~, persons involved in gangs, organized crime and the distribution of stolen goods).
5.3, Gather and analyze information to determine the key perpetrators responsible for committing agricultural crimes or series of crimes both within and outside of the region.
5.4, Maintain communications with the Member and Affiliated Agencies to realize maximum effective use of the ACTION Project resources and minimize the chances of damaging or dangerous interference with any other program.
5.5, Coordinate efforts with allied agencies who request the assistance of ACTION Project Investigative Team, and/or are working toward similar targets or goals.
5.6, Provide training for the investigation of agricultural crimes.
5.7, Assist the agricultural industry with loss prevention information.
5.8, Increase understanding of the dynamics of agricultural crime, including
5.8(a), An identification of factors which increase the vulnerability of agricultural operations to planned and opportunistic victimization by criminal enterprises and other individuals.
.
5.8(b), The development of innovative and more effective responses to the problem of agricultural crime based on investigative experiences during the initial grant period.
5.8(c), The testing of any newly developed responses to the problem of agricultural crime that are fiscally possible during the initial grant period.
5.8(d), The creation and expansion of an organizational, informational, and technical infrastructure that improves law enforcement's ability to detect, investigate, and prevent agricultural crime, and that will serve as a model for other agencies to follow.
5.9, Develop an integrated agricultural crime database that contains all agricultural related crime information that occurs within the region for the purpose of establishing baseline crime information and the ability for the ACTION Project and the ~
membership counties to analyze the agricultural crime that occurs within their county and throughout the region.
Article 6: Objectives of the ACTION Tech Unit
The ACTION Tech Unit will:
6.1, Monitor and maintain all equipment purchased by grant funds that is not distributed and retained by member agencies, including but not limited to maintaining records for sign-out of equipment and scheduling of equipment use.
6.2, Maintain, operate and set-up high tech surveillance equipment in the field to assist member rural crime law enforcement agencies in the identification, investigation, and apprehension of perpetrators who commit various forms of agricultural related crimes.
6.3, Gather and analyze information to identify trends, project potential trouble spots, and assist in determining the key perpetrators responsible for committing agricultural crimes or series of crimes both within and outside of the region.
6.4, Maintain communications with the Member and Affiliated Agencies to realize maximum effective use of the ACTION Project resources and minimize the chances of damaging or dangerous interference with any other program.
6.5, Coordinate efforts with allied agencies who request the assistance of ACTION Project Investigative Team, andlor are working toward similar targets or goals.
6.6, Provide training in the usage of high technology equipment for the investigation of agricultural crimes.
Article 7: Termination of Participation
Once the Memorandum of Understanding and any other necessary agreements are signed by the head of a Law Enforcement Agency, and that Agency has been accepted by the Project Director, its status in the ACTION Project and as a Member Agency shall continue until termination becomes effective. Termination shall become effective 60-days following the giving of written notice of termination of participation by the Member Agency to the Project Director, or by the Project Director to the Member Agency. This 60-day period will provide for the timely transfer of assignment and selection of replacement personnel. If a Member Agency does not abide by the Articles in this Memorandum of Understanding, it may also be suspended by the Project Director for up to a year at a time.
Article 8: Term of OperationlAqreement
Federal funding for the Program expires on March 31, 2006, with an option for a legislative extension. The Program will dissolve on that date unless the United States Congress, or local county government, acts to continue the funding or the Member Agencies subsequently agree to continue participation by providing funding for the prog ra m .
Article 9: Amendment of Memorandum of Understandinq
The Memorandum of Understanding, subject to the approval of the respective Member Agencies may be amended. All Member Agencies will be notified immediately of any proposed changes to the Memorandum of Understanding and will have a minimum of 30 days to respond.
Article 10: Administrative Responsibilities
The Project Director shall be responsible for the administrative duties of the ACTION Project, ACTION Center and ACTION Project Investigative Team involving expenditures, revenue, budgeting, and the submission of reports, billings and other required documentation. The ACTION Project Director shall be appointed by the Tulare County District Attorney, The ACTION Operations Officer may develop procedures and delegate duties as necessary in furtherance of the ACTION Tech Unit. The Tulare County Sheriff shall appoint the Operations Officer.
Article 11: Location
The ACTION Center is located at the Heritage Complex in the city of Tulare. The official mailing address of the ACTION Project is 4500 S. Laspina St., Suite 226, Tulare, CA 93274.
PART II OPERATIONAL STANDARDS, STRUCTURE AND PERSONNEL
Article 12: Operating Standards
All matters governing operating standards and procedures will be accomplished within the United States, and State of California, Constitutional guidelines, insuring the rights of citizens, and considering the duty of law enforcement to deter crime and detect, arrest, and prosecute individuals engaged in illicit activity.
Article 13: Crime Prevention
The ACTION Project and Center will coordinate a high technology agricultural crime prevention program, utilizing private sector support, community groups, and the media, to inform and educate the citizens and business communities within the jurisdiction of the Member Agencies, on developments in agricultural crime. The intent of this program will be to enhance public awareness and encourage community participation to deter agricultural crime and agriculturally related crimes.
Article 14: Structure
14.1 AgriculturaliRural Crime Units
It is anticipated that ACTION Project Investigative Team will be comprised of members from Agricultural Crime Units of the Member Agencies. When such members of Agricultural Crime Units are engaged in ACTION Project Investigative Team assignments, the Memorandum of Understanding will be binding.
14.2 Prosecutors
A Deputy District Attorney from each of the counties, as designated by the respective District Attorney's Office, shall be assigned, as needed, to participate in ACTION Project Investigative Team prosecutions.
14.3 Agricultural Commissioner Staff
At the direction of the Agricultural Commissioner of each of the counties, appropriate Agricultural Commissioner staff will be assigned to participate in the ACTION Project Investigative Team based on the type of cases and case load require me nts .
Article 15: Supervision
15.1 Project Director
The Project Director shall be an overall supervisor equivalent to the rank of senior level supervisor for the Member Agencies. The Project Director shall be appointed by the Tulare County District Attorney.
15.2 Regional Coordinator
The Regional Coordinator will oversee the daily administrative responsibilities of the ACTION Project and is the equivalent to the rank of Captain. The Regional Coordinator is supervised by the Project Director.
15.3 Operations Officer
The ACTION Tech Unit staff will be supervised by the Operations Officer who shall be equivalent to the rank of Sergeant for each of the participating agencies. The Operations Officer shall be appointed by the Tulare County Sheriff.
15.4 Special Operations Supervisors
Special Operations supervisors will hold ranks equivalent to that of supervisory ranks for participating agencies. The Special Operations Supervisor shall be appointed by the Member Agency of the county where the special operation is taking place. In the event an operation involves multiple county locations, the Project Director shall designate an overall Special Operations Supervisor.
Article 16: Prosecutorial Support
At the inception of ACTION Project Investigative Team, a deputy district attorney from each county will be designated to advise, assist, and coordinate prosecutorial activity. These deputies will have primary responsibility for case tracking and legal support. Vertical prosecution is the expected procedure. During subsequent years of
operation, prosecutorial participation will be evaluated and modified, if appropriate, based on workload and budget considerations.
L
Article 17: Case Prioritization
It shall be the policy of the ACTION Center Tech Unit to respond to requests for case development assistance from the Member Agencies, within the jurisdictions of the ACTION Project Investigative Team. Assistance may be limited by the availability of personnel and by existing caseloads.
Article 18: Traininq
18.1, Minimum Qualifications
The ACTION Project will establish minimum qualification standards for Investigative Team Members when engaged in the use of the ACTION Project Investigative Team equipment. The ACTION Project Investigative Team Members must receive a basic training course that will teach them how to conduct basic high tech agricultural crime investigations, assist in forensic examinations and assist in more complex investigations. The basic training course must be completed prior to participating in an ACTION Project assignment, except on approval of the Project Director,
18.2, Intermediate Training
ACTION Project will develop an intermediate level training program so that all investigative team participants will be fully equipped and additionally certified to conduct a wider degree of investigations, execute search warrants, and conduct crime scene Investigations which incorporate the use of high-tech surveillance equipment.
18.3, Attend ACTION Project Training
Rural Crime Unit officers will regularly attend specialized training provided by the ACTION Project and ACTION Center in high tech investigations and computer skills to establish and maintain expertise in these fields so that the highest degree of technical assistance can be provided.
18.4, Provide Outside Training
Resources permitting, the ACTION Project, ACTION Center, and ACTION Project Investigative Team will provide ongoing training to local agencies in high tech crime investigations in order to establish and maintain a base of knowledge among local agencies in this field.
PART 1 1 1
c
ACTION PROJECT EQUIPMENT _^_I
Article 19: Use of ACTION Project Surveillance Equipment
Members 'Agencies who have received required training are entitled to use the high-tech surveillance equipment, surveillance platform and surveillance vehicles maintained by the ACTION Tech Unit.
19.1, Scheduling
Use of equipment will be reserved through a check out and scheduling protocol established and administered by the ACTION Center Tech Unit. No equipment shall be utilized unless approved by the Operations Officer using established protocol.
19.2, Equipment Set-Up
Set-up of surveillance equipment, surveillance platform and vehicle shall be handled by the ACTION Tech Unit unless Member Agency has been certified and trained for appropriate and safe usage by Operations Officer,
19.3, Damage to Equipment
Other than normal wear and tear, any ACTION Project Investigative Team Member Agency using ACTION Project surveillance equipment, surveillance platform or surveillance vehicle is responsible for any damage due to improper installation, negligent handling, careless transportation or intentional misuse and will be billed for repair or replacement of equipment.
19.4, Development and Use of an Integrated Agricultural Crime Database
The ACTION Project will develop a database system to be used by all membership counties. The purpose of the integrated agricultural crime database will be to gather and analyze agricultural crime information from the membership counties to establish baseline information throughout the region and for crime analysis purposes to more efficiently resolve agricultural related crimes throughout the region. Each membership county's AgriculturallRural Crime Unit and Prosecutor will be required to input their agricultural crime reports/cases for their county into the integrated agricultural crime database.
PART IV
ADMINISTRATIVE GUIDELINES
Article 20: Policy
All Investigative Team Members will be expected to conform to their parent agency’s policies, procedures and tactical guidelines, as well as any additional policies and procedures set forth by the ACTION Project.
Article 21 : Measuring Stick for Success
The measuring stick for success is not the number of investigations or prosecutions conducted by ACTION Project Investigative Team, but the deterrent effect it has on the criminal infrastructure. The aim of this strategy is to move law enforcement toward a cohesive plan of systematically attacking agricultural crime. This Project should emphasize quality over quantity and focus on disabling the infrastructure which makes agricultural crime profitable. Although measuring that deterrence with precision is difficult, indicators may include:
21 .I, Decline in Property Loss
Substantial decrease in the total dollar value of property loss associated with agricultural crime.
21.2, Large Scale Recovery of Property
Recovery of commodities, equipment, agricultural chemicals and animals stolen.
21.3, Incarceration of Multiple Defendants
The conviction and incarceration of multiple defendants, particularly the ringleaders, with one or more defendants sentenced to appropriate state prison terms.
21.4, Decrease in Targeted Crimes
A substantial decrease in the incidence of the targeted crimes within the region
21.5, Potential Economic Loss Prevented
Quantifiable losses prevented or recovered as a result of investigative team efforts such as the reduction of total insurance claims and the reduction of insurance premiums.
Article 22: Release of Information
Criminal investigations are sensitive. Protecting the sources of information and managing information about areas of criminal activity is absolutely essential. All investigative files shall be exempt from disclosure to the extent allowed by law. Dissemination of other information and non-investigative reports will be done on a “need to know/right to know” basis in compliance with existing state and federal laws. With all of this in mind, it shall be the policy of ACTION Project to provide maximum disclosure of information to the public with the minimum of delay. Questions about the appropriateness of releasing case information will be referred to the Project Director or his designee, who will coordinate the dissemination of information.
22.1, Periodic Reports to Public Agencies:
The ACTION Center will produce and distribute a Monthly report to both Member and Affiliated Agencies to apprise them of recent investigations and crime trends.
22.2, Summary Reports to Advisors:
The ACTION Project will produce and distribute periodic reports to the Members Agency to apprise them of completed investigations and crime trends in coordination with reporting requirements of the Rural Crime Prevention Program administered by the Governor’s Office of Criminal Justice Planning.
22.3, Media Relations:
The ACTION Project will cooperate with the news media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the Constitutional rights of the accused, to avoid interfering with an ongoing ACTION Project Investigative Team investigation, or because it is legally privileged.
The Project Director, or designee, is responsible for the dissemination or coordination of press releases relating to ACTION Project or ACTION Project Investigative Team matters. All Member Agencies will be notified, time permitting, prior to any media releases. Notifications will be made in all cases prior to any formal press briefing. All ACTION Project Investigative Team press releases will be joint, with equal opportunity for participation by all involved agencies. It shall be against the policy of ACTION Project to release any information to any particular news media outlet on an exclusive basis. “Exclusive basis” means agreeing not to disclose the information to any other reporter.
Article 23: Liability Issues
Each Parent Agency shall be solely liable for any and all damages, including attorneys’ fees, resulting from the acts or omissions of its own employees, including those employees of, or assigned to the ACTION Project Investigative Team, and shall indemnify and hold harmless each other Member Agency for said acts and omissions. No Parent Agency shall be deemed to have assumed any liability for the condition of any property used by another Parent Agency or any of its officers, employees or agents during any activities related to this Memorandum of Understanding. Each Parent Agency shall indemnify and hold harmless each other Member Agency for the said condition of any property used by its officers, employees or agents during any activities related to this Memorandum of Understanding.
Article 24: Worker’s Compensation
Each Parent Agency shall be responsible for the continued provision of worker’s compensation coverage for its officers, employees and agents while they are assigned to perform or are performing activities related to this Memorandum of Understanding. In this regard, each Parent Agency shall defend, indemnify and hold harmless every other Parent Agency and the officers, employees and agents thereof from and against any claim, loss, damage, lawsuit, cost or expense that arises out of, or is in any way related to, any industriaI/worker’s compensation injury sustained by an employee of the indemnifying Parent Agency while assigned to perform or performing activities related to this Memorandum of Understanding.
Article 25: Internal Document and Evidence Security
All investigative files will be considered CONFIDENTIAL and shall be exempt from public disclosure to the extent allowed by law. This material will be secured when unattended. Access to investigative files will be on a “need to know / right to know” basis. Investigative files being actively worked will be kept under the direct control of the ACTION Center or ACTION Project Investigative Team until the investigation is concluded. The management of documents and evidence will be done in strict accordance with applicable state and federal laws.
Article 26: Case Reportinq
Investigative reports will be completed in a timely manner and will describe activities fully, exactly and plainly. Reports will be maintained in a centralized record retention file, managed by the ACTION Center. All appropriate information will be submitted to the Bureau of Justice Assistance Office [BJA] as required.
26.1, Report Formats
Report formats will be determined by the Member Agencies.
26.2, Investigative Files
Because the regional law enforcement agencies are required to collect and maintain certain types of information on a common basis for inclusion in the data base developed by the California Department of Justice [DOJ] as part of the legislative mandate, certain investigation information must be collected. This information shall be exempt from public disclosure to the extent allowed by law:
26.2(a), Offense Information
This information will include ACTION Project case number, handling agency case number, assigned investigator, date and time of offense, suspect information, victim information, verified loss, case status and a brief summary of the case.
26.2( b), Suspect Information
This information will come from the offense reports, arrest reports and certain field interview reports and will identify arrestees, suspects and known associates who have come to the attention of the ACTION Project Investigative Team. The information will include the name, date of birth, identifying numbers (CDL, CII, FBI, PFN, etc.), specific descriptors (tattoos, scars, etc.,) associated businesses, and corresponding case numbers.
26.2( c ) , Property Information
This information will include losses, recoveries, and type of property seized. This information may be shared with other law enforcement entities, will also document the effectiveness of the investigative team and help quantify the scope of agricultural crime in a given area.
26.2(d), Modus Operandi Information
This information must be kept in a manner that will allow investigative team members to share the information with other members, other investigative teams and law enforcement involved in similar cases.
Article 27: Administrative Reporfinq
The Regional Coordinator, or designee, is responsible for submitting all required and requested information, in a timely manner. This reporting will be made to the Bureau of Justice Assistance Office [BJA], Member Agencies, and others as may b e determined. These reports may include, but are not limited to: Monthly Case
Any Complaint received by the ACTION Project from an individual alleging misconduct by personnel of the ACTION Project Investigative Team while conducting an ACTION Project operation shall be immediately reported to the Project Director. The Project Director will notify the concerned officer’s Parent Agency designated Supervisor and provide them with all the available information regarding the incident for immediate assignment and preliminary fact finding. Final determination of the complaint will be made by the Parent Agency. -.
28.2, On-duty Traffic Accidents
In all cases, appropriate reports will be completed in compliance with legal requirements and the Parent Agency policy.
28.2(a), Non-Injury Accidents
If an ACTION Project Investigative Team Member is involved in a traffic collision while on duty NOT resulting in injury or death, the supervisor shall make the fo I lowi ng notifications:
28.2(a) I . A supervisor from the involved officer’s Parent Agency,
28.2(a) 2. The Project Director, and
28.2(a) 3. The agency in whose jurisdiction the incident occurred.
28.2(b), Injury or Death
If an ACTION Project Investigative Team Member is involved in a traffic collision while on duty which results in injury or death, the supervisor shall immediately make the following notifications:
28.2(b) 1. A supervisor from the involved officer’s Parent Agency,
28.2(b) 2. The Project Director, who will immediately notify the Tulare County District Attorney and Sheriff or designees, and
28.2(b) 3. The agency in whose jurisdiction the incident occurred.
28.3, On-Duty Injury
When any Investigative Team Member is injured on duty, the supervisor will notify the Project Director. An involved Parent Agency supervisor shall be notified and procedures will be followed as required by the concerned Parent Agency. In case of an emergency, the Investigative Team Member will receive immediate medical attention in the most expedient manner. In order to assist the supervisor in ensuring the Investigative Team Member’s injury is treated without delay, every Investigative Team Member will supply the Project Director with medical emergency notification information that will be maintained at the respective team office and the ACTION Center office.
28.4, Use of Force
Use of force incidents will be reported as required by Parent Agency guidelines. Any Investigative Team Member involved in an incident resulting in injury or death while that Investigative Team Member is on duty will require the immediate notification of the following:
28.4(a), A supervisor from all involved Parent Agencies
28.4(b) The Project Director, who will immediately notify the Tulare County District Attorney and Sheriff or designees, and
28.4(c), A supervisor from any non-involved agency in whose jurisdiction the incident took place.
28.5, Firearm Policy
Investigative Team Members will carry firearms only in accordance with his or her Parent Agency’s departmental policies and procedures. Any discharge of a firearm shall require the immediate notification of the following:
28.5(a), A supervisor from all involved Parent Agencies
28.5(b) The Project Director, who will immediately notify the Tulare County District Attorney and Sheriff or designees, and
28.5(c), A supervisor from any non-involved agency in whose jurisdiction the incident took place.
PART V FISCAL GUIDELINES
Article’ 29: Source of Fundinq
Revenue for the ACTION Project shall originate only from the following sources:
29.1 , U.S. Department of Justice, Bureau of Justice Assistance,
29.2, Other Grants, Funding or Donations from Government Agencies.
Article 30: Proqram Operation
30.1, Self-Management
The ACTION Regional Coordinator shall have the responsibility for day to day fiscal operations. The ACTION Project Investigative Team shall be responsible for tactical planning. The ACTION Project Director in consultation with ACTION Center staff and Membership Agencies, shall be responsible for making recommendations for policy issues, long range planning including legislation and funding acquisitions.
30.2, Limits
All purchases require backup documentation, such as receipts or invoices, which clearly and accurately show who received the funds and what goods or services were provided in return. Goods or services returned to the vendor must also be clearly and accurately documented.
30.3, Title of Property
Tulare County will hold title to all property purchases by ACTION Project Grant Funds. Such property may be distributed to and retained by Member Agencies for their use. However, each Member Agency must return the property to Tulare County upon termination of the program or upon termination of participation by the Member Agency as described in Article 7 of this Memorandum of Understanding. Each Member Agency will be responsible for the care and maintenance of all distributed equipment in their possession.
30.4, Purchasing
All purchases shall be conducted through the Tulare County District Attorney’s Office.
30.5, Accounting, Internal and External of the ACTION Center
The Regional Coordinator shall be responsible for the internal accounting of all
ACTION Center activities and may establish whatever controls and procedures deemed necessary to carry out these duties. The Regional Coordinator shall forward to the District Attorney Fiscal Services Office all records, receipts and documents required by the Grant. An external audit of the program shall be conducted in accordance with the terms of the grants received and general accounting principals.
INTERIM AGREEMENT Until and including the date of formal acceptance of the ACTION Project Memorandum of Understanding and the ACTION Project Joint Operating Agreement by the participating agencies, this IhTERIM Agreement will serve as the operational agreement for the ACTION Project. T h e tenns and conditions of the interim agreement are the same as those enumerated in the final draft ACTION Project Memorandum of Understanding and the ACTION Project Joint Operating Agreement sent out on August 16,2005 and are incorporated by reference.
SIGNATURES
Steve Robbins, Sheriff, County of Santa Cruz
Bob
f - Moeller, Agricultural C o r n h o n e r , County of Santa Cruz