HomeMy WebLinkAbout28 - US Immigration and Customs Enforcement ReimbursementCITY OF
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NEWPORT BEACH
GIFOR
City Council Staff Report
Agenda Item No. 28
November 26, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Jay R. Johnson, Chief of Police
949 - 644 -3701, JJohnson @nbpd.org
PREPARED BY: Dale Johnson, Captain
949 - 644- 3750,DJohnson @nbpd.org
APPROVED: ^`(
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TITLE: Acceptance of Reimbursement from U.S. Immigration and Customs
Enforcement
ABSTRACT:
The Police Department seeks the City Council approval to accept overtime
reimbursement funds from United States Immigration and Customs Enforcement so that
the City can receive approximately $18,510.07 and allocate these funds to the Police
Department, Detective Division.
RECOMMENDATION:
1. Approve Budget Amendment No. 14BA -023 to accept $18,510.07 from the U.S.
Immigration and Customs Enforcement and deposit into Revenue Account No.
1820 -4931 for the Police Department.
2. Appropriate the funds to the Detective Overtime, Safety Account No, 1850 -7041.
3. Approve acceptance of future reimbursements.
FUNDING REQUIREMENTS:
The Budget Amendment appropriates $18,510.07 in increased expenditure
appropriations for Fiscal Year 2013 -2014. The funds have been received and posted
for Fiscal Year 2013 -2014 revenues in Account No. 1820 -4931 for the Police
Department. The expenditure will be appropriated to the Detective Overtime Safety
Account No. 1850 -7041.
Acceptance of Reimbursement from U.S. Immigration and Customs Enforcement
November 26, 2013
Page 2
DISCUSSION:
Background:
On September 11, 2012, the Newport Beach Police Department (NBPD) entered into a
Memorandum of Understanding (MOU) with United States Immigration and Customs
Enforcement (ICE). The MOU recognized that laws related to ICE jurisdiction required
close cooperation and coordination between law enforcement agencies.
The agreement provided a cross designation to select members of the NBPD,
authorizing them to engage in joint investigations with members of ICE. The MOU also
authorized ICE to reimburse the NBPD for overtime expenditures related to these joint
investigations.
Analysis:
Since establishment of the MOU, the NBPD has participated in numerous joint
investigations with ICE. So far in Fiscal Year 2013/2014, NBPD personnel have
recorded 246 hours of overtime during these investigations, totaling $18,510.07.
This overtime was expended from the Detective Division Overtime account.
Per the MOU, ICE was invoiced for these hours and has reimbursed the City of Newport
Beach for the above expenditures. It is requested that the reimbursement be accepted
and appropriated to the Detective Division overtime account. It is also requested that
future reimbursements be accepted, as we are continuously working joint investigations
that are reimbursable through ICE.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
K
Acceptance of Reimbursement from U.S. Immigration and Customs Enforcement
November 26, 2013
Page 3
Submitted by:
J . Jo son
Chief of Police
Attachment: A. Memorandum of Understanding (MOU) with U.S. Immigration and
Customs Enforcement (ICE)
r�(l;cc of !ix Ci!i f Coun.rei - l.ns :!n [cks
S. Dc pv'tment of IIomeIa n See ur it%
;111 W. Ocean Blvd- Suite 71,
Lon, 11:2ch. CA 90S02
II-, a U.S. Immigration
and Customs
�,4_,o S" Enforcement
TO: Claude Arnold, Special Agent in Charge
PROM: James R. Board, Assistant Chief Counsel
SUBJECT: Legal Review of MOUs between HSI and Newport Beach Police Department
DATE: September 10, 2012
In accordance with Department of Homeland Security (DHS ") Policy, including Management
Directive 0450. 1, I have reviewed two Memorandums of Understanding (MOUS) between HSILA
and the Newport Beach Police Department. The first is for the purpose of working together in
conducting joint investigations targeting sexual predators. "rho second is the standard Title 19 Cross -
Designation MOU. Both have been signet[ by the Chief of Police for the Newport Beach Police
Department. I have no legal objection to the MOUS.
/
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James R. Board
Nvww.dhs.2tw
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into by the Newport Beach Police
Department (NBPD) and the U.S. Immigration and Customs Enforcement (ICE), Homeland Security
Investigations (HSI) Office of the Special Agent in Charge, Los Angeles (the parties), for the purpose
of conducting joint investigations targeting sexual predators.
PURPOSE
The purpose of this MOU is to set forth the terms by which each party will participate in this
initiative. The initiative will enhance cooperation and focus the combined investigative powers,
experience and expertise as a means to identify, investigate, and prosecute individuals and entities
violating the law.
Il. AUTHORITIES
Each party represents it has authority to enter into this MOU.
HSI authority to engage in this operation is pursuant to:
1) The Homeland Security Act of 2002, codified in Title 6, U.S.C.;
2) Title 19 U.S.C. §§ 1589a, and 2081 and
3) Title 8 U.S.C. § 1363a.
III. OBJECTIVES
The primary objective of the initiative is to identify, infiltrate, dismantle and prosecute
organizations and individuals that attempt to sexually exploit children in violation of law.
IV. METHOD OF OPERATIONIRESPONSIBILITIES
Assigned agents and task force officers will follow guidelines established by their agency's
respective policy or guidelines. Evidence will also be recorded and secured by each agency according to
their policy and guidelines. Each agency will be capable of assigning cases to members of the
investigative team as they deem appropriate.
V. FUNDING
HSI may, at its sole discretion, and with prior HSI management approval, provide overtime
funding to permanently assigned NBPD personnel in an amount not to exceed $15,000 annually.
NBPD personnel must complete State and Local Overtime forms attached hereto as Attachment A, and
incorporated herein, in order to record and receive monthly overtime payments provided.
www.ice.gov
Except as identified in this MOU, each party is responsible for bearing its own costs, and
neither party is responsible for paying the costs of the other party, except for the payment of overtime
funds by HSI to NBPD.
VI. PRESS RELEASE
All press releases will be coordinated and madejointly by the parties when possible. No
unilateral press releases will be made without prior approval of the other party.
VII. OTHER PROVISIONS
Each party shall adhere to its own internal guidance and policies. Nothing in this MOU is
intended to conflict with current law, regulation or policy. Further, nothing in this MOU is intended to
restrict the authority of any party to act as provided by law or regulation, or to restrict any agency from
enforcing any laws within its authority or jurisdiction. If any term of this MOU is inconsistent with
law, regulation, or other authority, then that term shall be invalid, but the remaining terns and
conditions of this shall remain in full force and effect.
This MOU is an internal arrangement between the parties and does not create or confer any
right or benefit on any other person or party, private or public.
VIII. POINTS OF CONTACT / SUPERVISION
Overall management of the task force shall be the shared responsibility of the participating
agency heads and/or their designees.
The HSI supervisor shall supervise the day -to -day operational and investigative matters
pertaining to the initiative. Responsibility for the conduct of each party's personnel, both personally
and professionally, shall remain with the respective party head and each party shall be responsible for
the actions of its respective employees.
Each party will be subject to the laws, regulations, policies, and personnel rules applicable to
those of his or her respective agency. NBPD personnel shall continue to report to his or her respective
agency head for non - investigative administrative matters not detailed in this MOU. Continued
assignment to the task force will be based on performance and at the discretion of each party's
respective supervisor.
The point of contact for HSI is Group Supervisor William D. Wallace
34 Civic Center Plaza #48i floor, Santa Ana, CA 92701
Office (714) 972-4115 Cell (714) 920 -6530.
The point of contact for the NBPD is Sergeant Shontel Sherwood.
870 Santa Barbara Drive Newport Beach, CA 92660
Office (949) 644 -3775
IX. MODIFICATION
This MOU may be modified by the signed, written agreement of both parties.
X. DECONFLICTION
Each party agrees that the de- confliction process requires the sharing of certain operational
information with the task force, which, if disclosed to unauthorized persons, could endanger law
enforcement personnel and the public. As a result of this concern, each participating agency agrees to
adopt security measures set forth herein:
a. Each party will assign primary and secondary points of contact.
b. Each party agrees to keep its points of contact list updated.
XI. TERMINATION
Either party may unilaterally terminate this MOU upon 30 days written notice to the other.
Each party agrees that if it exercises this right of unilateral termination it shall, to the extent practicable,
do so in a manner as to minimize any adverse impact on the other.
XII.
The effective date of this MOU is the date the last signatory below signs the MOU and shall
remain in effect until it is terminated in the manner set forth in this MOU.
XIU. EQUIPMENT
Each party shall be responsible for providing all equipment necessary for its personnel to carry
out its duties while participating in the task force.
XIV. INFORMATION
Information possessed by HSI or this task force, including information derived from informal
communications by the task force, may be disseminated only with the permission of the task force
supervisor and in accordance with any applicable laws and internal regulations, procedures or
agreements between HSI and NBPD. Likewise, NBPD personnel shall not disseminate any NBPD
information to the task force unless authorized by the appropriate NBPD officials.
\V. REPORTS /RECORDS
All records and reports created by NBPD personnel while participating in this MOU shall
remain in the custody and control of NDPD.
\VI. SIGNA- rORIES
— dL (A— c' f
Claude Arnold Date
Special Agent in Charge. Los Angeles
1-lomcland Security Investigations
Qjv�- &-3- L7-
J,0/511. Jol n on Police Chief Date
Newport Beach Police Department
OJice of the Chkj'Counsel — Los ringelec
O.S. Department of Homeland Security
501 W. Occan Blvd.. Suite 7170
Lung Beach. CA 90802
U.S. Immigration
2'° and Customs
°.� Enforcement
TO: Claude Arnold, Special Agent in Charge
FROM: .lames R. Board, Assistant Chief Counsel
SUBJECT: Legal Review of i'vtOUs between FISI and Newport Beach Police Department
DATE-': September 10, 2012
In accordance with Department of Homeland Security (" DHS ") Police, including Management
Directive 0450. 1. I have reviewed two Memorandums of Understanding (MOUs) between HSILA
and the Newport Beach Police Department. The first is for the purpose of working together in
conductingjoint investigations targeting sexual predators. The second is the standard Title 19 Cross -
Designation MOU. Both have been signed by the Chief of Police for the Newport Beach Police
Department. I have no legal objection to the MOUs.
James R. Board
wn�w.dhs.�ov
MEMORANDUM OF UNDERSTANDING
between
the
U.S. Immigration and Customs Enforcement (ICE)
and
Newport Beach Police Department
ICE 01 Directives 05-006 and 05-007
Purpose
The above listed law enforcement agency and ICE agree that effective enforcement of
the laws relating to ICEjurisdiction requires close cooperation and coordination between
the two agencies, and have therefore entered into this agreement to govern the use of
ICE designations by certain employees of your agency.
II. Agreement
There may be instances when it may be desirable on occasion for certain sworn law
enforcement employees of your agency to be able to perform certain ICE duties.
Pursuant to section 401(1), Tariff Act of 1930, as amended, (19 U.S.C. 1401(i), the
Secretary of Homeland Security or his/her designee is authorized to designate persons
as Customs Officers (Excepted) who are designated to perform the duties of an ICE
Officer. The designated Customs Officers will have the authority to enforce "Customs"
laws. This agreement does not grant the designated Customs Officers the authority to
enforce "Immigration "laws.
The forms and authorities referenced herein may be renamed or replaced by ICE without
prejudice to this agreement.
The two agencies have, therefore, entered into an agreement as follows:
A. The U.S. Immigration and Customs Enforcement agrees:
1, to designate certain employees of your agency as Customs Officers
(Excepted), without additional compensation, to perform the duties
shown on the attached "Designation, Customs Officer" form (which is
hereby made part of the agreement);
Z, to provide appropriate training in Customs laws, policies, and procedures
to the designated employees;
3, to issue a 'Designation, Customs Officer," as described in Al above to
each qualified employee;
4. to advise your officers regarding any court proceedings that question any
seizures or arrests that are made in accordance with this agreement;
5, to process, under appropriate regulations, any injury claim submitted as
a result of injuries occurring to local law officers acting pursuant to this
agreement, for compensation under the Federal Employee Workers
Compensation Act (5 U.S.C. 8 10 1, et. seq.):
1111
B. The above listed law enforcement agency agrees:
1. to advise ICE of each situation in which the agency proposes to use an
ICE designation;
2. that ICE designations to employees of your agency will be used only in
situations where there has been specific advance approval by the
appropriate Special Agent in Charge or Resident Agent in Charge
Designations will be used only for the duration of the specified law
enforcement activity for which the approval was extended, and to the extent
of such approval.
3. that only personnel who are sworn law enforcement officers of your
agency and who successfully complete the appropriate ICE
cross - designation training and received a "Designation, Customs Officer"
form will be granted Customs Officer status;
4. to report to ICE, in writing, the results of all activity undertaken by the
designated Customs Officer as a consequence of the Customs cross
designation authority;
5. to advise ICE of each court proceeding in which the validity of ICE
search, seizures, or arrest authority has become an issue; and to permit
ICE to provide legal memoranda or other assistance in such cases when
desired by ICE.
6. to follow ICE directives and instructions that are applicable to ICE
concerning ICE search, seizure, and arrest authority;
7. to return all ICE equipment and identification if issued, when a cross
designated officer terminates employment for any reason.
Both agencies agree to;
recognize that any abuse of ICE cross designation authority may lead to
the revocation of such cross designations by ICE;
2. agree to exchange implementing instructions prior to issuance; and
3. agree to schedule periodic meetings to review this agreement.
This Memorandum of Understanding is an internal agreement between government agencies. It
does not create or confer any rights, privileges, or benefits for any private person or party.
Approved By
Approved By
Law Enforcement Agency
ICE
Name of Agency:
ICE Agency:
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fJCV.i PO r�Y �FAi.la- foLicr �rPr.
wsli LOS A191 1.1s
Name:
Name:
7n-i k. 7L) Ff .Aj5oij
Claude Arnold
Title: n
�µl Er QF POLI CI
Title:
Special Agars in Charge
Sig • atuce/ �/
Signa r t
ICE Formb -062 (05/05)
11
City of Newport Beach
BUDGET AMENDMENT
2013 -14
EFFECT ON BUDGETARY FUND BALANCE:
Pq Increase Revenue Estimates
Increase Expenditure Appropriations AND
Transfer Budget Appropriations PX
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 14BA -023
AMOUNT: $1s,s1o.o7
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue estimates to accept reimbursement funds from the U.S. Immigration and Customs Enforcement and increase
expenditure appropriation for related PD Detective Overtime.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
1820 4931
EXPENDITURE APPROPRIATIONS (3603)
Division Number 1850
Account Number 7041
Description
Description
PD Support Services - ICE /HIS Various Programs
Description
PD - Detectives
Overtime, Safety & 1/2 Time
Signed: ` Of
Financial Approval: Finance Director
Signed:
Adminisfrratke Approval: City Manager
Signed:
City Council Approval: City Clerk
Debit Credit
$18,510.07
$18,510.07
` Automatic System Entry
It-IS-13
Date
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Date
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