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HomeMy WebLinkAbout07 - Orange County Auto Theft Task ForceCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 April 27, 2010. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Robert M. Luman, Chief of Police, 949 - 644 -3701, RLuman @nbpd.org Dennis Birch, Lieutenant, Detective Division, 949 - 644 -3778, DBirch @nbpd.org SUBJECT: ORANGE COUNTY AUTO THEFT TASK FORCE MEMORANDUM OF AGREEMENT ISSUE: Should the City Council decide to renew its present Memorandum of Agreement (MOA) with the Orange County Auto Theft Task Force ( OCATT) for an additional eight years? RECOMMENDATION: It is the recommendation of the Police Department that the City Council renew its present MOA with the OCATT for an additional eight years. DISCUSSION: Background: In January 1993, the Orange County District Attorney's Office and the Orange County Chiefs' and Sheriff's Association, with approval of the OC Board of Supervisors, created what would become known as the Orange County Auto Theft Task Force, or OCATT. Vehicle Code Section 9250.14 authorizes the Board of Supervisors to impose a $1 fee on all vehicles registered in the County at the time of registration renewal to enhance the capacity of local law enforcement and prosecutors to deter., investigate, and prosecute vehicle theft crimes. Pursuant to VC 9250.14, the Board of Supervisors adopted Resolution No. 93 -54 unanimously. This Resolution resulted in an additional $1 fee to be charged on each Orange County new and renewal vehicle registration. OCATT MOA April 27, 2010 Page 2 Realizing the investigative value of such a task force, and the ultimate savings it would create for City of Newport Beach resident vehicle owners, the City joined OCATT in 1993. It is important to note that the $1 vehicle registration fee assessed under VC 9250.14 pays for the salary, benefits, and overtime costs of two Police Department employees assigned to OCATT. Recent figures from OCATT indicate that auto theft in this County has decreased by 19.7% in 2008, as compared to the same period in 2007. According to the US Census Bureau, in 2008, Orange County comprised 8.2% of the population in the State. There were 7,633 vehicles stolen in Orange County, which is approximately 4% of the Statewide number of stolen vehicles. Combined efforts of law enforcement and multi - jurisdictional task forces like OCATT, coupled with prevention efforts by the public and vehicle manufactures, have made for a substantial decrease in the number of vehicle thefts Statewide for three consecutive years. Even with the recent decrease, on average, a vehicle is stolen every 2.5 minutes in California. In 2008, 199,766 vehicles were stolen in California, with an estimated value of $1.35 billion. Of the vehicles stolen Statewide in 2008, nearly 87% were successfully recovered. In Orange County, these statistics are largely the result of the hard work of OCATT and its participating local agencies, like the Newport Beach Police Department. Since its inception, the Police Department has augmented the task force with one Sergeant and one Investigator. The Sergeant serves as a team leader and has line supervision over several investigators. The last MOA approved by the City Council was for a period of five years and expired in January 2010. Assembly Bill 286 amended VC 9250.14 to extend the repeal date to January 1, 2018. Therefore, you are being asked to approve an MOA for our participation in OCATT for a period of eight years. The residents of the City of Newport Beach stand to save a substantial amount of money from a decrease in auto thefts and the subsequent escalation of auto insurance costs associated with this crime. It is for this reason the Police Department recommends the City Council approve the MOA. Prepared by: ° Submitted by: Dennis Birch Robert M. Luman Lieutenant, Detective Division CHIEF OF POLICE Attachment: Memorandum of Agreement with OCATT (2010) Memorandum of Understanding with OCATT (2005) Plan of Cooperation with OCATT a MEMORANDUM OF AGREEMENT ORANGE COUNTY AUTO THEFT TASK FORCE Updated January 1010 This Memorandum of Agreement ( "M.O,A. ") is made and entered into as of January 1, 2010, which date is stated for purposes of reference only, by and between the following parties: City of Brea, California; City of Buena Park, California; City of Fullerton, California; City of Huntington Beach, California; City of Laguna Beach, California; City of Newport Beach, California; City of Placentia, California; City of Tustin; California; U.C. Irvine; California Highway Patrol; California Department of Insurance; California Department of Motor Vehicles; and the County of Orange, a political subdivision of the State of California ("County"), The above- listed entities may be referred to individually as "Party" or collectively as "Parties." I. OVERVIEW In an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250.14). This bill authorizes the Board of Supervisors to impose a one - dollar fee on all vehicles registered in the County at the time of registration renewal to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute vehicle theft crimes. On January 12, 1993, The Orange County District Attorney, in conjunction with the Orange County Chiefs' and Sheriffs Association, requested the Board of Supervisors adopt a resolution pursuant to Vehicle Code Section 9250.14 specifically to fund a multi - jurisdictional vehicle theft task force. Resolution No. 93 -54 was adopted unanimously, which results in an additional $1.00 fee to be charged on each Orange County new and renewal vehicle registration. Assembly Bill 286 amended Vehicle Code Section 9250.14 to extend the repeal date to January 1, 2018 and thus extend the $1.00 fee to be charged on vehicle registrations and the continuous appropriation to fund the multi jurisdictional vehicle theft task force. Vehicle theft is the most costly property crime in the United States. Auto theft results in monetary losses to victims and affects auto insurance costs for the driving public. Auto theft in Orange County has decreased 19.7 percent in 2008 as compared to 2007 statistics. There were 7,633 vehicles stolen in Orange County in 2008, which is approximately 4% of the statewide number of stolen vehicles. Combined efforts of California law enforcement agencies, and the hard work of the multi: jurisdictional OCATT - MOA. January 2010 Page I of 11 I vehicle thqft,,tqsk f6rees,like Orange•.Couaty Auto Theft Task Force; (OCATT),boupled with.,prevention efAd8,,1y the public and vehiolc manufacturers, have rn4de. for 4 substantial d0didageAff the number Vthidt tbdt.5 statewide fbr itfikd'ponscouliYe year: In2Q08, there was 4 more than 12 p0pphj qeqreaseftqm the prevtqas (2007) year, in the number of vehicles stolen statewide. Notsixice, 1999 had there: been.a.double digit decrease in the number of vehicles stolen in California. Even with the recent -docre4se, 19%,766, ' onaverage, a.vehictc. Is stolerievery two minutes in California, fi:11003' vehicles Were stolen in California with, an estimated Value of V.3,5 billion, Offfhc vehicles, stolen statqWLde, in 200$, nearly 87 percent were successfully recovered. U. MISKON To reduce the incidence of vehicle theft and increase the apprehens'lon of the professional vehicle thief. A. Objectives Interface with the Regional Narcotics Sqppression Program (RNS-P), Orange County Gang Task Force, Orange Coast Regional Career Criminal Apprehension, Program ((CAP), California Highway Patrol (01-1,P) Investigative Services, Department of Motor Vehicles (I)MV), Department of Justice (DOJ)j andall agencies within Orange County for the sharing of intelligence related to vehicle theft. 2. In6iease the arrests of vehicle theft suspects, particularly the professional thieves participating in stripping, renumbering, for resale, exportationj and carj]ackings. 3.. Identify locations supporting vehicle theft offenses and take the appropriate enforcement action. These locations may include legitimate busimessdt (ropaitlbody shops and dismantlers) used for illegal activities and sites of 'chop shop" operations. 4. Identify jocal trends- and/or patterns of vehicle theft activities targeted by task force investigators. 5. Increase the recovery xate of stolen Vehicles, in Orange County. 6, Provide a fundamental, vehicle theft ,investigation ..repository of vehicle theft, e,xp.Pjjiso,support, coordination and functional database.. 7. ctitiori. Tf '" VAR be. ac,Qompli ;sbe4thrQugh t:pordinatioRw,itjj lorc ia:W exp e, heft local 41 mq& expose t .Program Z114,pneo urggepublic pattidipat-19r�, While discouraging potential vehicle. fh,Rwes. ,0CATT January .2010. . Page' of"I I LA III. TASK FORCE ORGANIZATION OCATT, having already been formed b y participating law enforcement agencies, is organized as follows: A. Executive Committee The Executive: Committee shall act as the Board of Directors of the Orange County Auto Theft Task Force and direct the affairs of such. The Executive Committee shall be comprised of members from 14* eftfoifeernent'agenoJes, the composition of the Executive committee ritay be adjusted with a majority vote of the existing Committee members. Members of the Excrutive Committee ,,should meet as needed; to review,task force operations and provide guidance and input: The Chief of the District Attorney's Bureau of Investigation Unit shall serve as Director and Chairperson of the Executive Committee. Quorum voting of the Executive Comanduee shall be by majority vote and by committee members only. Board vacancies shall be filled by majority vote of the Executive Committee. B. Task Force Coordinator A. Lieutenant of the California Highway Patrol will staff the Coordinator's position. The coordinator will be responsible for management of the task force and will be -accountable to the Executive Committee, The lieutenant will dedicate that amount of time necessary to efficiently manage the Task Force. The Parties to this M.O.A. agree that the coordinato?s salaries. and benefits will not be reimbursed by the task force, fund, C. Supervision The task force will be comprised of two investigative teams assigned by the task force .Coordinator, dictated by vehicle that trends .and demographics. Supervision of the investigative teams will be t-tic regponsi bility of the sergeant, a working ,member -of the team. Selection :of task .force " supervispTswill be based upon level of expertise, previous performance and availability. Selection of the supervisors will be from aqualifled.pool of candidates • provided by participating . ng, agencies. The selection shall be the resporisibility- ofthe task force. coordinator Withcoucurrenec, of the Executive , Ccmrnittee, The Patties t6 this &r.o.A. supervisory positions p -1 will be reimbursed by.,thjQ task force fund. D,, Prosecution ,Staff The ,018,trictAttorneys Office will assign up to two prosecutors and one investigator to work alongside ask force members; The prosecutors will provide leg.al-review and file task force cases warranting-criminal complaints. All task fbzce%casesvill be vertically prosecuted. OCATT - MOA. lftuttary'2 W0 Page 5 of I I 5 prosecutors and partic. to this M.O.A. agree tI by the task force fund. E. Investigators task force members and uurinal cases. The Parties Ahions will be teunburaed The task force shall be staffed by qualified Ottectives/investigators. Assignment to the task force shall be for a minimum of two years. !,)up to the sensitive nature of the Position, personnel recommended for assignment will be su , bject to selection interviews by the coordinator and supervisors. Consideration for assignment is based on previous performance, investigative experience and ability to work. Well with others in a covert and close environment. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force: assignment. Should the task force coordinator have cause to remove A member, he shall discuss the issue with the participating agency. If the; participating agency ;does not concur with the task force coordinator's decision to remove th forwarded to e member, the issue shall be the Executive Committee for resolution. It is agreed, however, the resolving of operational issues at, the lowest level serves the best interest of the task force. The Parties to this M,O.A. agree that salaries and benefits associated with these detectives /investigators will be reimbursed from the task, force fund. F. Administrative Sqpport S The Office of the District Attorney will provide up to two Attorney's Clerk to the task force. These positions will support office/administrative operations and task. force personnel and provide clerical liaison between participating agencies. An Accounting staff will be provided by the Office of the District Attorney to handle all aspects ofaccounting; budgeting;' purchasing,!, firiancialreporting including receipt, disbursement and reconciliation of task force fund: This position will be responsible for providing a quarterly and/or annual accounting of the fund, The Parties to this M.O.A. agree that the salaries and benefits for these three positions will. be reimbursed by the task fbrce:fand. G, California Department of Insurance (DOI) The Department of Insurance will. assign one Ml-time investigator to the task, force. The Parties to thisM.O.A. agree : that all salary And beriefit. expenses for this member WIR be paid by D,01and will not "bo-refiribursed.by the :task .force Utd. Furfhex, the Parkes to this; M.:O,A. agree -that :oYeTfirrie expenses for this xrrcrqbqr. will be reimbursed to P0,fby the task, force fund. Refer to Section IV.D, Qveeime,.fb:rvfjr(hqr require. ments, DOT will this I investigator's vehicle. OCA-TT may provide a vehicle if one is available: flable. OCATT -,MOA. January 2010 Page-47.0 11. H. Department of Motor Vehicles (DMV) Special Investigator, The be.partrnent of Motot V�hiCles, Invesiigatio_ns Division will assign an investigator to: the tank force on a part.time basis to assist, with records information including vehicle, backgrounds, fraudulent identification (vehicles /persons), identification of suspects; document analysis, etc. Expenses for this investigator position will not be reimbursed by the task force fund. Should the need for a fall-dine, investigator develo% :the Department of Motor Vehicles has offered to provide one full-time investigator. The Parties to this M.O.A. agree: that : The investigator's salaries and benefits will not be fairnbursed'by the ta&foree fund. Furt her, the Parties to this M.O,A. agree that overtime expenses for the, inve "stigator will be reimbursed by the task force fund. Refer to Seetian IV:D, Overtime, for further requirements. The investigator will provide his /her vehicle, safety equipment and radio, etc, when reporting to the task force. OCATT may. provide a vehicle if one is available. I. California Highway Patrol. The Department of California Highway Patrol (CHP) will assign two (2) full -time officers to work as investigators to the task, force. The Parties to this M.O.A. agree that all salaries and benefits accrued by these investigators will be paid by the Department of California, Highway Patrol and will not be reimbursed by the task force fund. Further, the Parties to this M.O.A, agree that: overtime expenses for these investigators will be reimbursed to the Department of California Highway Patrol by the task force fund up: to the maximum amount agreed upon in the Letter of Agreement/Memorandum of Understanding between the task force and: CHP. Refer to Section IV.D, Overtimes for further requirements:. The task force will ;supply geneial support items sueb as work space, office furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties. IV. FISCAL, PROCEDURES; A. Salaries and Benefits Tl e task force coordinator, part c pa4tig,repMentatives from the Department of fnsurance, the Department of-Motor Vehicles,, Orange County Probation; California State. Parole, and investigators from the California Highway Patrol, will not be reeimbursed for salaries and, benefits. The salaries, benefits and overtime of 411 remaining task force participants will be reimbursed to the participating agencies by the task force fund. The personhel assigned te:Yho task.for"ce will be +.paid lay their tespec"tive agencies OCATT - MOA. )at" 2010 ?age 5 of I i. It shall be the responsibility of the coordinator to institute a system of checks and balanees,;whereby, the hours of eachparticipant will be authorized and auditedfor. accuracy. TW8 "bariation.will be reported`to the participating agencies' time analyst, with a copy to the task force accounting staff. The task force coordinator will retain a copy of this record. Members assigned to the task force whose salaries and benefits are reimbursed by the task force fund shall be assigned as a full time position. The administrative processing to determine payroll by the participating agencies will not be reimbursed. B. Participant Claims for Reimbursern Participating agencies may request:. reimbursement for task force members' regular salaries, benefits and overtime. Reimbursement will be based on actual hours of program participation. Overtime expense will be reimbursed using task force member's overtime pay rate at the time the overtime hours worked regardless of these hours being paid in cash or converted to eompensation.time off by participating agencies. Hence, to avoid duplicate billing, the compensation time off taken by task force. members will not be reimbursed from the task force fund. When OCATT investigators attend training not related to OCATT duties, i.e. riot training, bomb squad, scuba diving, those hours will not be paid by OCATT. All claims are subject to approval' by' the Task. Force Coordinator. It is the responsibility of the task force accounting staff to develop a format for claiming expenses, with appropriate substantiating data, and to provide a sample of the document to the participating agencies for claim purposes. Payment of submitted claims will be processed within 90 days of receipt of invoice in;a format acceptable to the task force. In the unlikely event that revenues fall short of what is required for full recompense; reimbursement shall be made on a rA o rata, share basis. In no event will general revenues of the County be used to offset any shortage. Claims for.reimbursemeO of travel, per diem, lodging, materials, or services necessaryto perform task force activities shall be submitted on an Approved claim form specific to task force operations. All claims are subject to approval by the'task.%rce coordinator-arid the County of Orange policies and procedures. Upon dppioval, the coordinator shall forward the -to ursonierit claims to thertask force: aecdunt rig staff for-paymen processingwithin 90 days of receipt of'olaint C Right to Audit l aclt.pariy to This agreement shall make available to the county, at all reasonable times; their financial record ;r.el atin g to-iu s a r eement. Tb Gount y or mde p endent audifor ma, y au'ditsuch records and,-should the County determine::ineligible:costs have been rermbur`sed, the agent -y: shall- .irimediately:repay that.ar#tvuni deemed ineligible. If not repaid within 40 clays, the- County;may witltiSold'the amount deemed iiiel.'xgtble from oGATT - MQ.A. ramiaty 2010 'Yage'6 of`1'1 I future reimbursements. The parties shall. maintain the original copies of the required records for.aperiod'ofthree years after.the date. the expense.is reimbursed. D. Overtime The Executive Committee may approve a "not to exceed" monthly allocation of overtime to be utilised by thetask.force. Monthly amounts exceeding this allocation will require written justification by the task, force coordinator for approv4`1 ofthe Executive Committee. E. Indirect Coasts The County of Orange, through the Office of the District Attorney, receives and is the financial administrator for all source. funds for the Orange County Auto Theft Task Force:. As such, a significant amount of management time will be consumed for the administration of funds and expenditures associated wifh these funds, to be reimbursed: to the Office of the District Attorney by the task force fund. F. Special Fund The Office of the District Attorney, in order to facilitate task force operations, shall establish a special appropriation fund. These funds shall be used only as necessary, in the performance of duties relating to task force activities. Use of special fund will be limited to special and extraordinary expenses incurred during the investigation of vehicle thefts in accordance with Government .Code Sections 29400 through 294,07. Authorization to use these. funds -will be determined by the ,Executive, Committee through its Chaitpersom V. LIABILITY Each participating :agepey involved in the task force: shall have full financial responsibility for their respective investigators assigned to'the: task force, including vehicle accidents and Additionally, the agenoy shall be responsible, for any and all workers' compensation claims of their respective detectivef nvestigatoc; in the event ofinjury Outing the course and scope of duties while assigned to the task force; The County; its officer's, agents.and.employees shall not be $eenie&w have assumed any liability for the negligence of patticipadng agencies; officers or. employees, and participating, agcneies -shall Bold the County, its officers and etnployoes harmless fXorn claims acid damages resulting there from. Participatingagencies and the County shall hold each other harmless from the liability for acts or omissio'ris ofthe other. OCPTT -MO A. January 2010; Page 7 of I 1 q Each.Party to this agreement agrees to defend indemnify and1old harmless the other Parties1to, this agreemerit,in regard, to, liability I dbffity imposed on We, agreeing Parties, .due 10 ae t8 0 t b-M'i s'sidns of another Party's assigned - e'rnpIbyees. VI. OPERATIONAL LOCATION Appropriate space will be leased to house task force paricip Ws and equipment. The 'Irms; will be paid from the t4$k,-,f qrqe, *d,, The task force -office. will be centrally located within Orange County. Location will be selected by the task f6rce coordinator in conjunction with County of Orange County Executive Office, and approved by the Executive Committee. Vill EQUIPMENT The task .force coordinator will be responsible for coordinating the use of and tracking the equipment assigned to the task force and will utilize approved county procedures for the accounting of, and safeguarding capital assets and controlled equipment. A. Vehicles If the task•force is unable to provide a vehicle to the member through task force resources; participating agencies agree to provide this equipment. In. the event the task force purchases or leases vehicles for use by task force rucanbers, those vehicles will be placed under the County of Orange's , self-insured liability policy. However, any losses, including traffic collisions, thefts, etc., that occur while the vehicle is under, the control of a task force member, shall fall under the liability of the member's home agency, and that home Ag!6n0ysbalLdJefcnd,, indemnity and hold harmless the other members, including the County, as detailed in section V of this Mernorandum.of Agrepiricat, MAffitenance of vehicles., provided by the task force will be. paid for by the taskforce fund. Each member of the'tztsk,f N will: be issued z gasoline' ,card, which shall ,tae nsed to purchase gasoline and wo car rwa8hog-, per month fortlicift assigned QCA 17 vehicle; Members shall-4ubmii the receipts monthly to the- coordinatorLWho will-review,, approve and forward them to the District Attortie.y Fiscal .Services for payment processing. D. Communications Eguipmdrit Hand held initii-radios and cell oar telephones will beracquired irizooperation: with the County of Qrahge County Ekeciftive.'Ofhcd and p&f6r by the; task force fund. The coordsnator.eacli supervisor, aril each detective /lhuestigatoF Will`be provided khSiss equipment. PModu' ps re in p Procedures ,a place to ensure proper use and accountability of-Es pquipmeg, OCAV -MOA. January 2010 Page 10 C. Additional Equipment Additional equipment includilip<s&Veillance equipment, office equipment, computers;, band tools.,' binoculars, video cameras, etc. Will be purchased by the tpsk force fund and provided to members from task force inventory. Situations requiring air support; unique vehicles or covert assets, will require cooperative scheduling and assistance from participating agencies. VIII. UNDERCOVER DOCOMENTS The use of covert identities to support or enhance undercover operations is essential. This may require detectives /investigatorsCto possess undercover driver's licenses,: and/or other sources of idenfification. The procurement, utilization, and control of these documents will rest with the participating agencies. Detectives /investigators will be expected to bYing covert documents with them at the time of assignment; IX. ASSETSHARING Task force operation's, which result in the potential for either State or Federal asset seizures, shall be brought to the attention of the Executive Committee. The Committee will lassess whether or riot an application for asset forfeiture sharing will be made pursuant to: appropriafe State or, ederal IaW. Any forfeited fund's paid to the task; force shall be retained by the task force to pay for operational expenses. X. REPORTING A. The task force coordinator will be responsible for implemonting,a reporting system, whielt.tracks tegin activities, statistics, and accompllshments W task force operations. This. reporting system will serve as the basis for quarterly reports to the Executive Committee and.ensure accountability of resources, personnel!and. equipment:: 13. The coordinator Will submit an op „erational report to the Executiveammittee on a semi. annual or annual basis: C. The arinual.report grill be pro`uidecl to the County $aar l of Supervisors, with eopi'es to eael participating City Cauncil; OCATT - MOA. 7anuary 2Q I p Page 19 of I California- Department of I Insurance Date California Department of Motor Vehicles Date City of Fullerton Date City of Huntington Beach Date. City of Laguna. Beach Date City of Newport Beach Date Placentia Police Department Date Tustin Police Department. Date U. C. Irvine Date OCATT - MOA. January 201, 0 APPROVED AS TO FORM: City Attorney CITY OF NEWPORT. BEACH Page 11 of 11 4 Orange County Auto Theft Task Force CATT Memorandum of Understanding Updated January 1, 2005 t� MEMORANDUM OF UNDERSTANDING ORANGE COUNTY AUTO THEFT TASK FORCE Updated danuary 1, 2005 I. OVERVIEW In 2004, a total of 10,749 vehicles were stolen in Orange County at a cost to the motoring public of over $150 million, After steadily declining forthe past six years, the auto theft rate in Orange County rose 6% in Fiscal Year 2003 -04. In an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250.14). This bill authorizes the Board of Supervisors to impose a one- dollar fee on all vehicles registered in the County at the time of registration renewal to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute vehicle theft crimes. On January 6, 1993, The Orange County District Attorney, in conjunction with the Orange County Chiefs' and Sheriffs Association, requested the Board of Supervisors adopt a resolution pursuant to Vehicle Code Section 9250.14 specifically to find a multi - jurisdictional vehicle theft task force. The resolution was adopted unanimously which results in an additional $1.00 fee to be charged on each Orange County new and renewal vehicle registration. TL MISSION To reduce the incidence of vehicle theft and increase the apprehension of the professional vehicle thief. A. Objectives 1. Interface - with the Regional Narcotics Suppression Program (RNSP), Orange County Gang Task Force, Orange Cost Regional Career Criminal Apprehension Program (CLAP), California Highway Patrol (CHP) Investigative Services, Department of Motor Vehicles (DMV), Department of Justice (DOJ), and all agencies within Orange County for the sharing of intelligence related to vehicle theft. 2. Increase the arrests of vehicle theft suspects, particularly the professional thieves participating in stripping, renumbering for resale, exportation, and car jackings. 3. Identify locations supporting vehicle theft offenses and take the appropriate enforcement action. These locations may include legitimate businesses (repair /body shops and dismantlers) used for illegal activities and sites of "chop shop" operations. MOU. January 2005.,_ 14 4. Identify local trends and /or patterns of vehicle theft activities targeted by task force investigators. S. Increase the recovery rate of stolen vehicles in Orange County, 6. Provide a fundamental, vehicle theft investigation repository of vehicle theft expertise, support, coordination and functional database. 7. Provide a forum for public awareness of vehicle theft prevention. This will be accomplished through coordination with local media to expose the vehicle theft program and encourage public participation, while discouraging potential vehicle thieves. III. TASK FORCE ORGANIZATION A. Executive Committee The Executive Committee shall act as the Board of Directors of the Orange County Auto Theft Task Force and direct the affairs of such. The Executive Committee shall be comprised of nine members of the following agencies: and encompass the District Attorney's Office, the County Sheriff, the Police Chiefs of Santa Ana, Buena Park, Newport Beach, Fullerton, Huntington Beach, Westminster and the Border Division Chief of the California Highway Patrol. Members of the Executive Committee should meet as needed, to review task force operations and provide guidance and input. The Chief of the District Attorney's Bureau of Investigation Unit shall serve as Director and Chairperson of the Executive Committee. Quorum voting of the Executive Committee shall be by majority vote and by committee members only. Board vacancies shall be filled by majority vote of the Executive Committee. B. Task Force Coordinator A Lieutenant of the California Highway Patrol will staff the Coordinator's position. The coordinator will be responsible for management of the task force and will be accountable to the Executive Committee. The lieutenant will dedicate that amount of time necessary to efficiently manage the Task Force. The coordinator's salaries and benefits will not be reimbursed by the task force fund. C. Supervision The task force will be comprised of two investigative teams assigned by the task force coordinator, dictated by vehicle theft trends and demographics. Supervision of the investigative teams will be the responsibility of the sergeant, a working member of the team. Selection of task force supervisors will be based upon level of expertise, previous performance and availability. Selection of the supervisors will be from a qualified pool MOU. January 2005 10 of candidates provided by participating agencies. The selection shall be the responsibility of the task force coordinator with concurrence of the Executive Committee. Salaries and benefits associated with supervisory positions will be reimbursed by the task force fiord. D. Prosecution Staff The District Attorney's Office will assign up to two prosecutors, and one investigator to work alongside task force members. The prosecutors will provide legal review and file task force cases warranting criminal complaints. All task force cases will be vertically prosecuted. The District Attorney's investigator will act as liaison between task force members and prosecutors and participate in investigations, and the filing of criminal cases. Salaries and benefits for these three positions will be reimbursed by the task force fund. E.Investigators The task force shall be staffed by qualified detectives /investigators. Assignment to the task force shall be for a minimum of two years. Due to the sensitive nature of the position, personnel recommended for assignment will be subject to selection interviews by the coordinator and supervisors. Consideration for assignment is based on previous performance, investigative experience and ability to work well with others in a covert and close environment. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force and transferred back to his /her agency. Should the coordinator have cause to replace a member, he shall discuss the issue with the participating agency. If the participating agency does not concur with the coordinator's decision to remove /replace the member, the issue shall be forwarded to the Executive Committee for resolution. It is agreed, however, the resolving of operational issues at the lowest level serves the best interest of the task force. Salaries and benefits associated with these detectives /hivestigators will be reimbursed from the task force fund. F. Administrative Support Staff The Office of the District Attorney will provide up to two Attorney's Clerk to the task force. These positions will support office /administrative operations and task force personnel and provide clerical liaison between participating agencies. An Accountant Auditor position will be provided by the Office of the District Attorney to coordinate general accounting; budget; purchasing; receipt; disbursement and reconciliation of task force fund. This position will be responsible for providing a MOU, January 2005__ 1� quarterly and /or annual accounting of the fund. The salaries and benefits for these three positions will be reimbursed by the task force fund. G. California Department of Insurance (DOI) The Department of Insurance will assign one full -time investigator to the task force. All salary and benefit expenses for this member will be paid by DOI and will not be reimbursed by the task force fund. Overtime expenses for this member will be reimbursed to DOI by the task force fund. Refer to Section IV.D, Overtime, for further requirements. DOI will provide this investigator's vehicle. H. Department of Motor Vehicles (DMV)SSpecial Investigator The Department of Motor Vehicles - Special Investigations Unit, will assign an investigator to the task force on an associate basis to assist with records information including vehicle backgrounds, fraudulent identification (vehicles /persons), identification of suspects, document analysis, etc. Expenses for the associate investigator position will not be reimbursed by the task force fund. Should the need for a full -time investigator develop, the Department of Motor Vehicles has offered to provide one full -time investigator. The investigator's salaries, benefits, and overtime would not be reimbursed by the task force fund. The investigator will provide his /her vehicle, safety equipment and radio, etc. when reporting to the task force. IV. FISCAL PROCEDURES A. Salaries and Benefits The task force coordinator, participating representatives from the Department of Insurance, the Department of Motor Vehicles, Orange County Probation, California State Parole and investigators from the California Highway Patrol, will not be reimbursed for salaries and benefits. The salaries, benefits and overtime of all remaining task force participants will be reimbursed to the participating agencies by the task force fund. The personnel assigned to the task force will be paid by their respective agencies. It shall be the responsibility of the coordinator to institute a system of checks and balances, whereby, the hours of each participant will be authorized and audited for accuracy. This information will be reported to the participating agencies' time analyst, with a copy to the task force accountant. The task force coordinator will retain a copy of this record. Members assigned to the task force whose salaries and benefits are reimbursed by the task MOU. January 2 005_ 11 force fund shall be assigned as a full time position. The administrative processing to determine payroll by the participating agencies will not be reimbursed. B. Participant Claims for Reimbursement Participating agencies may request reimbursement for task force members' regular salaries, benefits and overtime. Reimbursement will be based on actual hours of program participation. Overtime expense will be reimbursed using task force member's overtime pay rate at the time the overtime hours worked regardless of these hours being paid in cash or converted to compensation time off by participating agencies. Hence, to avoid duplicate billing, the compensation time off taken by task force members will not be reimbursed from the task force fund. When OCATT investigators attend training not related to OCATT duties, i.e. riot training, bomb squad, scuba diving, those hours will not be paid by OCATT. All claims are subject to approval by the Task Force coordinator. It is the responsibility of the task force accountant to develop a format for claiming expenses, with appropriate substantiating data, and to provide a sample of the document to the participating agencies for claim purposes. Payment of submitted claims will be processed within 90 days of receipt of invoice in a format acceptable to the task force. In the unlikely event that revenues fall short of what is required for full recompense; reimbursement shall be made on a pro rata, share basis. In no event will general revenues of the County be used to offset any shortage. Claims for reimbursement of travel, per diem, lodging, materials, or services necessary to perform task force activities shall be submitted on an approved claim form specific to task force operations. All claims are subject to approval by the Task Force coordinator. Upon approval, the coordinator shall forward the reimbursement claims to the task force accountant for payment processing within 90 days of receipt of claims. C. Right to Audit Each party to this agreement shall make available to the county, at all reasonable times, their financial records relating to this agreement. The County or independent auditor may audit such records and, should the County determine ineligible costs have been reimbursed, the agency shall immediately repay that amount deemed ineligible. If not repaid within 30 days, the County may withhold the amount deemed ineligible from future reimbursements. The parties shall maintain the original copies of the required records for a period of three years after the date the expense is reimbursed. D. Overtime The Executive Committee may approve a "not to exceed" monthly allocation of overtime to be utilized by the task force. MOU. January 2005 I Monthly amounts exceeding this allocation will require written justification by the task force coordinator for approval of the Executive Committee. E. Indirect Costs The County of Orange, through the Office of the District Attorney, receives and is the financial administrator for all source funds for the Orange County Auto Theft Task Force. As such, a significant amount of management time will be consumed for the administration of funds and expenditures associated with these funds, to be reimbursed to the Office of the District Attorney. F. Special Fund The Office of the District Attorney, in order to facilitate task force operations, shall establish a special appropriation fund. These funds shall be used only as necessary, in the performance of duties relating to task force activities. Use of special fund will be limited to special and extraordinary expenses incurred during the investigation of vehicle thefts in accordance with Government Code Sections 29400 through 29407. Authorization to use these funds will be determined by the Executive Board through its Chairman. V. LIABILITY Each participating agency involved in the task force shall have full financial responsibility for their respective investigators assigned to the task force, including vehicle accidents and industrial injury claims. Additionally, the agency shall be responsible for any and all workers' compensation claims of their respective detective /investigator, in the event of injury during the course and scope of duties while assigned to the task force. The County, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence of participating agencies, officers or employees, and participating agencies shall hold the County, its officers and employees harmless from claims and damages resulting therefrom. Participating agencies and the County shall hold each other harmless from the liability for acts or omissions of the other. Each party to this agreement agrees to defend, indemnify, and hold harmless the other parties to this agreement, in regard to liability imposed on the agreeing parties, due to acts or omissions of another party's assigned employees. VI, OPERATIONAL LOCATION Appropriate, space will be leased to house task force participants and equipment, The lease will be paid from the task force fund. The task force office will be centrally located MOU. January 2005__ within Orange County. Location will be selected by the task force coordinator in conjunction with County of Orange County Executive Office, and approved by the Executive Committee, VII, EQUIPMENT The task force coordinator will be accountable for equipment assigned to the task force and will utilize approved county procedures for the accounting of, and safeguarding fixed assets. A. Vehicles If the task force is unable to provide a vehicle to the member through task force resources, participating agencies agree to provide this equipment. In the event the task force purchases or leases vehicles for use by task force members; those vehicles will be placed under the County of Orange's self - insured liability policy. However, any losses, including traffic collisions, thefts, etc., that occur while the vehicle is under the control of a task force member, shall fall under the liability of the member's home agency, and that home agency shall defend, indemnify and hold harmless the other members, including the County, as detailed in section V of this Memorandum of Understanding. Maintenance of vehicles provided by the task force will be paid for by the task force fund. Each member of the task force will be issued a gasoline card, which shall be used to purchase gasoline and two car washes per month for their assigned OCATT vehicle. Members shall submit the receipts monthly to the coordinator who will review, approve and forward them to the District Attorney Administration for payment. B. Communications Equipment Hand held mini - radios and cellular telephones will be acquired in cooperation with the County of Orange County Executive Office and paid for by the task force fund. The coordinator, each supervisor, and each detective /investigator will be provided this equipment. Procedures will be developed to ensure proper use and accountability of this equipment. C. Additional Equipment Additional equipment including surveillance equipment, office equipment, computers, hand tools, binoculars, video cameras, etc. will be purchased by the task force fund and provided to members from task force inventory. Situations requiring air support, unique vehicles, or covert assets, will require cooperative scheduling and assistance from participating agencies. MOU. January 2005_._ 7 U irk VII. UNDERCOVER DOCUMENTS The use of covert identities to support or enhance undercover operations is essential. This may require detectives /investigators to possess undercover driver's licenses, and/or other sources of identification. The procurement, utilization, and control of these documents will rest with the participating agencies. Detectives /investigators will be expected to bring covert documents with them at the time of assignment. IX. ASSET SHARING Task force operations, which result in the potential for either State or Federal asset seizures, shall be brought to the attention of the Executive Committee. The Committee will assess whether or not an application for asset forfeiture sharing will be made pursuant to appropriate State or Federal law. Any forfeited funds paid to the task force shall be retained by the task force to pay for operational expenses. X. STANDARD OPERATING PROCEDURES All task force members shall abide by the Standard Operating Procedures Manual (SOP), which shall be prepared by the task force coordinator with assistance from task force supervisors. The completed SOP will be subject to the review and approval of the Executive Committee. The SOP shall specify policies and procedures for task force operations and shall include the following specific items: A. In the event task force policies or procedures conflict with a participating agency, the member shall abide by the policies of his/her agency. Conflicts not resolved by team supervisors will be referred to the task force coordinator for resolution. B. The investigation of officer- involved shootings shall be conducted according to the Orange County Chiefs of Police and Sheriffs Association's officer- involved shooting protocol. Vehicle accidents will be handled by the agency having jurisdiction at the location the incident occurs. Nothing precludes further investi- gation or concurrent investigation by the detective'sfinvestigator's parent agency. Injured personnel will be taken to the most immediate and competent medical facility available. The participating agency of the involved member will be notified of the incident immediately. C. Task force personnel evaluations and investigations of citizens' complaints or internal investigations shall be handled jointly between the task force supervisor and host agency, when task force assignment is an issue. Disciplinary actions will be approved solely by the participating agency. Participating agencies will MOU. January 2005 U1 provide the name and telephone number of a "liaison supervisor" that will assist task force supervisors with inquiries of mutual concern. Internal disciplinary problems will be the responsibility of the task force supervisors. Failure to abide by task force policies and procedures may result in removal from the task force, upon recommendation of the coordinator, with concurrence of the Executive Committee. D. The release of media information regarding task force operations will be coordinated through the task force supervisor upon concurrence of the coordinator. Media releases involving joint investigations with one or more Orange County agencies will be coordinated with the Executive Committee and those agencies prior to the release of information if time permits. The coordinator will apprise the Chairman of the Executive Committee of incidents with significant media interest. The Executive Committee will determine the course of action when releasing significant information. Xl. A. The task force coordinator will be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments of task force operations. This reporting system will serve as the basis for quarterly reports to the Executive Committee and ensure accountability of resources, personnel and equipment. B. The coordinator will submit an operational report to the Executive Committee on a semi - annual or annual basis. C. The annual report will be provided to the County Board of Supervisors, with copies to each participating City Council. XII. AMENDMENTS TO THE M.O.U. By a majority vote of the quorum, the Executive Committee may amend any portion of this M.O.U., as long as such amendments do not extend the term of, or otherwise materially alter the obligations of the parties hereunder. XIII. TERM OF AGREEMENT This agreement shall commence on January 1, 2005, and remain in effect until the termination of task force funding on the close of business, January 1, 2010, as set forth in Vehicle Code Section 9250.14 (AB 183). Participating agencies may elect to terminate the agreement prior to its designated termination date. Any agency desiring to terminate its participation in this agreement shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. MOU. January 2005___ mou XIV. SIGNATURES The undersigned state they represent and have the authority to execute this agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the Orange County Auto Theft Task Force, as set forth in this agreement and for he period and urpos s as stated herein, on ald lankenship, 'hie Date Bureau of Investigations, Orange County District Attorney IN416 s' M a, Chief Date Brea P§I ce Department Tom Monson, Chief Date Buena Park Police Department a<C; Robert "Skip" Carter, Chief Date California Highway Patrol Dale Banda, Deputy ommissioner D to California Department of Insurance atrick McKinney, Chief Date Fullerton Police Depa, ;t ent Kenneth Small, Chief Date Huntington Beach Police Department January 2005 k a 10 I Dennis Kies, Chief La Habra Police department H Robert McDonelt, Chief Newport Beach Police Department Tonyckauckas \District Attorney Orary County Di trict Attorney's Office Orange County Sheriff Department 2 John Sc efer, Chief Placentia Police Department Paul Walters, Chief Santa Ana Police Department Andrew Hall, Chief Westminster Police Department MOU. January 2005 Date 3--If -0 Date 5y / b or Dae Date M <' .Z 44?,dJ Date i Date V qnt AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE ORANGE COUNTY AUTO THEFT TASK FORCE July 1, 2008 WHEREAS, the Task Force Executive Committee has agreed to amend the existing Orange County Auto Theft Task Force's Memorandum of Understanding, This Amendment is effective on July 1, 2008 and incorporates the following change: Add Section IH -I, TASK FORCE ORGANIZATION, Department of California Highway Patrol, to read as follows: The Department of California Highway Patrol will assign two (2) full -time officers to work as investigators to the Task Force. All salaries and benefits accrued by these investigators will be paid by the Department of California Highway Patrol and will not be reimbursed by the task force fund. Overtime expenses for these investigators will be reimbursed to the Department of California Highway Patrol by the task force fund. Refer to Section IV.D, Overtime, for further requirements. The task force will supply general support items such as work space, office furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties. This amendment modifies the Memorandum of Understanding only as expressly set forth above; other terms and conditions remain unchanged. The undersigned state that they act as the Member of the Board of Directors of the Orange County Auto Theft Task Force, have the authority to sign and execute the Amendment and, by signing this Amendment, concur with above amendment. Aonald Blankenship, Chief Date Bureau of Investigation, Orange County District Attorney Iq''om Monson, Chief Date Buena Park Police Department Gary Dominguez, tef Date California. Highway Patrol a5 P ick McI in ey, Chief Fullerton Police Departme Kenneth Small, Chie Huntington Beach Police Department (1Z 4a� J04 Klein, Chief Ne4hport Beach Police Department i Sandra HutchA� s, Sheriff Orange CouAty Sheriff Department Paul Walters, Chief Santa Ana Police Department Date I F( JULY G8" Date -7-13-2-co Date Date `7 -1B- �->4 -7- (k Date 2 a6 THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE ORANGE COUNTY AUTO THEFT TASK FORCE WHEREAS, the Executive Committee has agreed to modify the existing Memorandum of Understanding. This Amendment is effective on March 21, 1996 and incorporates the following changes to the Memorandum of Understanding by adding Section Nos. III -J and III -K, and deleting the existing language of and substituting the amended language to Section IV -A: Add Section III -J, TASK FORCE ORGANIZATION, Department of Correction Parole Agent, to read as follows: One full time Department of Corrections' Parole Agent will be assigned to the Task Force as an investigator for a period of three years. All salaries, benefits and overtime accrued by this investigator will be paid by the Department of Corrections and will not be reimbursed by the Task Force Fund. The Task Force will supply general support items such as work space, office furniture; vehicle, communications equipment and other equipment necessary to perform investigative duties. ' Add Section III -K, TASK FORCE ORGANIZATION, Department of California Highway Patrol, to read as follows: Two full time officers from the Department of California Highway Patrol will be assigned as investigators to the Task Force. All salaries, benefits and overtime accrued by these investigators will be paid by the Department of California Highway Patrol and will not be reimbursed by the Task Force Fund. The Task Force will supply general support items such as work space, office furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties. Delete existing language in Section IV -A and revise Section IV -A, FISCAL PROCEDURES, Salaries and Benefits, to read as follows: The Task Force Coordinator and representatives from the National Insurance Crime Bureau, the FBI, the two newly added CHP Investigators, the Department of Corrections, and the Department of Motor Vehicles will not be reimbursed by the Task Force Fund for salary, benefits or overtime. The salary, benefits, and approved overtime of all remaining Task Force members will be reimbursed to the participating agencies by the Task Force Fund. The personnel assigned to the Auto Theft Task Force will be paid by their respective departments/agencies, It shall be the responsibility of the Task Force Coordinator to institute a system of checks and balances whereby the hours of personnel from each participating agency will be authorized and audited for ' accuracy; this information will be reported to the departments /agencies' appropriate timekeeper, with a copy submitted to the Task Force accounting staff. The Task Force Coordinator will also retain a copy of this record. Members assigned to the Task Force, whose salaries are reimbursed V THIRD AMENDMENTIO.C.A.T T, M.O.U. PAGE 2 OF 3 by the Task Force Fund shall be on full time assignment to the Task Force. Administrative processing costs to determine payroll by participating agencies will not be reimbursed. This amendment modifies the Memorandum of Understanding only as expressly set forth above; other terms and conditions remain unchanged. undersigned state that they represent and have the authority to execute this Amendment on behalf reir respective departments / agencies and, in signing this Amendment, concur with above Charles S. Brobeck, Chief Irvine Police Department Jim Donekels, Special Agent Federal Bureau Bureau of Investigation -- 4olice Randall n, Chief Anaheim Departme nt Stan Knee; Chief Garden Grove Nice Department Robert Mc anell, Chief Newport Beach Police Department Manuel Ort a, Chief Placentia Police Department Regina Stephens,- Deptit)rReg. Admin. Department of Corrections o/ 5 j Don Watkins, Chief Border Division, CHP Executed on this date ames I. ))cc Department r� Loren W. DuChesne, Chief Bureau of Investig tion, OCDA Brad Gates, Sheriff - Coroner Orange County Sheriffs Department berg, Chief Beach Police 'Patrick E. McKinley, Cliiief Fullerton Police Department 'Robertson, Chief Police Department A e�� _ Richard Tefank, of Buena Park Po14 Department Paul Walters, Chief Santa Ana Police Department I U6 THIRD AMENDMENT /O.C.O T.T. M.O.U. PAGE 3 OF 3 In Steven H. St eley, Chief La Habra Police Department Date: 7 —io •- I IJ �C� 1 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE ORANGE COUNTY AUTO THEFT TASK FORCE WHEREAS, the Executive Committee has agreed to modify the existing Memorandum of Understanding. This Amendment is effective on January 1, 1996 and adds the following paragraph to Section XIII of the Memorandum of Understanding: This agreement is extended for a period of four years commencing January 1, 1996 and shall remain in effect until the termination of Task Force funding on close of business on December 31, 1999, as set forth in Vehicle Code Section 9250.14 (AB 135). Participating agencies may elect to terminate the agreement prior to its designated termination date. Any agency desiring to terminate its participation in this Agreement shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. 30 SECOND AMENDMENT /O.C.A.T.T. M.O.U. PAGE 2 OF 3 This Amendment modifies the Memorandum of Understanding only as expressly set forth above; other terms and conditions remain unchanged. The undersigned state that they represent and have the authority to execute this /gnendment on behalf of their respective department/agencies and, in signing this e�ndment, concur with the above amendment.. Charles S. Brobeck, Chief Irvine oTiide Department Oren DuChesne, Chief Bureau of Inve on, 0 Brad Gates; Sheriff - Coroner Orange County Sheriffs Office cerg, Chief Beach Polic ept. Patrick E. McKinley, Chief Fullerton Police Department Aofin' R.'Robertson, Chief Orange Police Department Don at ins, Chief Border Division, CHP Executed on this date Jams I. Cook, Chief Wejtminster Police Department Randall W. ton, Chief Anaheim Police a artment Stan Kne , Ch' f Garden Groye)Police Department �. I Beach Police Dept. Manuel Orteg , C ief Placentia Police Department Richard Tefank, Chief Buena Park Police Department Paul Walters, Chief Santa Ana Police Department STEVEN H. STAVELEY, CHIEF LA HABRA POLICE DEPARTMENT 31 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE ORANGE COUNTY AUTO THEFT TASK FORCE WHEREAS, the Executive Committee has agreed to modify the existing Memorandum of Understanding. This Amendment is effective on July 1, 1994 and incorporates the following changes to the Memorandum of Understanding by deleting the existing Section IV -B and substituting this amended language: Revise Section IV -B, FISCAL PROCEDURES - Participant Claims for Reimbursement, to read as follows: Participating departments /agencies may request reimbursement for Task Force members' regular salaries, benefits, and overtime. Reimbursement will only be made based on actual hours of program participation. it is the responsibility of the Task Force Accountant to develop a format for claiming expenses, with appropriate back- up detail information, and to provide a sample of the document to the parent agency for claim purposes. Payment of submitted claim will be processed within 90 days of receipt of invoice. In the unlikely event that revenues fall short of what is required for full reimbursement; reimbursement shall be made on a pro rata share basis. In no event will general revenues of the County be used to offset any such shortage. Reimbursement claims by Task Force members for reimbursable travel, per diem, lodging, materials, or services shall be submitted on an approved claim form specific to Task Force Operations. Such claims shall be approved by the Task Force Coordinator. Upon approval, the Task Force Coordinator shall forward the reimbursement claims to the Task Force Accountant for payment processing within 90 days of receipt of such claims. 3�_ I This Amendment expressly set unchanged. modifies the Memorandum of Understanding only as forth above; other terms and conditions remain The undersigned state that execute this Amendment departments /agencies and, a ove amendment. Charles S. Brobeck, Chief they represent and have the authority to on behalf of their respective in signin�%-,this Amendment, concur with Irvine P ce Department Lo ten DuChesne, Chief Bureau of Investigation, OCDA Gate , heriff- Coroner Orange County Sheriff's office pt trick E. Mc i&bl'y, Ch le Fullerton Police Depart nt bhn'R. Robertson, Ch ei fei f range Police Department JZ� Clarence Tuck, Chief Border Division, CHP s -6 --,q -,�/ Executed on this date stminster Police Department Garden Grove 71ice Department R bert Mc onell, Chief Newport Beach Police Dept. Placentia Police A un,�/ wa1cL Buena Park Police Department i C ZUlWalters, Chief Santa Ana Police Department 33 PLAN OF COOPERATION ORANGE COUNTY AUTO THEFT TASK FORCE Updated January 2010 This Plan of Cooperation ( "PA.C. ") is made and entered into as of January 1, 2010, which date is stated for purposes of reference only, by and between the following parties: Orange County District Attorney's Office; Orange County Sheriff's Department; Brea Police Department; Buena Park Police Department; Fullerton Police Department; Huntington Beach Police Department; Laguna Beach Police Department; Newport Beach Police Department; Placentia Police Department; Tustin Police Department; U.C. Irvine Police Department; California Highway Patrol; California Department of Insurance; and California Department of Motor Vehicles. The above- listed entities may be referred to individually as "Party" or collectively as "Parties." 1. OVERVIEW In an effort to suppress vehicle theft crimes and address mounting public concern, the California Legislature passed into law Senate Bill 2139 (Vehicle Code Section 9250.14). This bill authorizes the Board of Supervisors to impose a one - dollar fee on all vehicles registered in the County at the time of registration renewal to enhance the capacity of local law enforcement and prosecutors to deter, investigate, and prosecute vehicle theft crimes. On January 12, 1993, The Orange County District Attorney, in conjunction with the Orange County Chiefs' and Sheriffs Association, requested the Board of Supervisors adopt a resolution pursuant to Vehicle Code Section 9250.14 specifically to funds multi - jurisdictional vehicle theft task force. Resolution No. 93 -54 was adopted unanimously, which results in an additional $1.00 fee to be charged on each Orange County new and renewal vehicle registration. Assembly Bill 286 amended Vehicle Code Section 9250.14 to extend the repeal date to January 1, 2018 and thus extend the $1.00 fee to be charged on vehicle registrations and the continuous appropriation to fund the multi: jurisdictional vehicle theft task force. Vehicle theft is the most costly property crime in the United States. Auto theft results in monetary losses to victims and affects auto insurance costs for the driving public. Auto theft in Orange County has decreased 19,7 percent in 2008 as compared to 2007 statistics. There were 7,633 vehicles stolen in Orange County in 2008, which is approximately 4% of the statewide number of stolen vehicles. Combined efforts of California law enforcement agencies, and the hard work of the multi jurisdictional OCATT - POC. January 2010 Page I of 8 3y vehicle theft task forces like Orange County Auto Theft Task Force (OCATT), coupled with prevention efforts by the public and vehicle manufacturers, have made for a substantial decrease in the number of vehicle thefts statewide for a third consecutive year. In 2008, there was a more than 12 percent decrease from the previous (2007) year, in the number of vehicles stolen statewide. Not since 1999 had there been a double digit decrease in the number of vehicles stolen in California. Even with the recent decrease, on average, a vehicle is stolen every two minutes in California. In 2008, 199,766 vehicles were stolen in California with an estimated value of $1.35 billion. Of the vehicles stolen statewide in 2008, nearly 87 percent were successfully recovered. II. MISSION To reduce the incidence of vehicle theft and increase the apprehension of the professional vehicle thief. A. Obiectives 1. Interface with the Regional Narcotics Suppression Program (RNSP), Orange County Gang Task Force, Orange Coast Regional Career Criminal Apprehension Program (CLAP), California Highway Patrol (CHP) Investigative Services, Department of Motor Vehicles (DMV), Department of Justice (DOJ), and all agencies within Orange County for the sharing of intelligence related to vehicle theft. 2. Increase the arrests of vehicle theft suspects, particularly the professional thieves participating in stripping, renumbering for resale, exportation, and car jackings. 3. Identify locations supporting vehicle theft offenses and take the appropriate enforcement action. These locations may include legitimate businesses (repairibody shops and dismantlers) used for illegal activities and sites of "chop shop" operations. 4. Identify local trends and/or patterns of vehicle theft activities targeted by task force investigators. 5. Increase the recovery rate of stolen vehicles in Orange County. 6. Provide a fundamental, vehicle theft investigation repository of vehicle theft expertise, support, coordination and functional database. 7. Provide a forum for public awareness of vehicle theft prevention. This will be accomplished through coordination with local media to expose the vehicle theft program and encourage public participation, while discouraging potential vehicle thieves. OCATT - POC. January 2010 Page 2 of 8 35 III. TASK FORCE ORGANIZATION A. Executive Committee The Executive Committee shall act as the Board of Directors of the Orange County Auto Theft Task Force and direct the affairs of such. The Executive Committee shall be comprised of members from law enforcement agencies. The composition of the Executive committee may be adjusted with a majority vote of the existing Committee members. Members of the Executive Committee should meet as needed, to review task force operations and provide guidance and input. The Chief of the District Attorney's Bureau of Investigation Unit shall serve as Director and Chairperson of the Executive Committee. Quorum voting of the Executive Committee shall be by majority vote and by committee members only. Board vacancies shall be filled by majority vote of the Executive Committee. B. Task Force Coordinator A Lieutenant of the California Highway Patrol will staff the Coordinator's position. The coordinator will be responsible for management of the task force and will be accountable to the Executive Committee. The lieutenant will dedicate that amount of time necessary to efficiently manage the Task Force. C. Supervision The task force will be comprised of two investigative teams assigned by the task force coordinator, dictated by vehicle theft trends and demographics. Supervision of the investigative teams will be the responsibility of the sergeant, a working member of the team. Selection of task force supervisors will be based upon level of expertise, previous performance and availability. Selection of the supervisors will be from a qualified pool of candidates provided by participating agencies. The selection shall be the responsibility of the task force coordinator with concurrence of the Executive Committee. D. Prosecution Staff The District Attorney's Office will assign up to two prosecutors and one investigator to work alongside task force members. The prosecutors will provide legal review and file task force cases warranting criminal complaints. All task force cases will be vertically prosecuted. The District Attorney's investigator will act as liaison between task force members and prosecutors and participate in investigations and the filing of criminal cases. E. Investigators The task force shall be staffed by qualified detectives /investigators. Assignment to the task force shall be for a minimum of two years. Due to the sensitive nature of the OCATT - POC. January 2010 Page 3 of 8 36 position, personnel recommended for assignment will be subject to selection interviews by the coordinator and supervisors. Consideration for assignment is based on previous performance, investigative experience and ability to work well with others in a covert and close environment. Personnel not meeting acceptable standards of performance or refusing to comply with task force policies and procedures may be removed from the task force assignment. Should the task force coordinator have cause to replace a member, he shall discuss the issue with the participating agency. If the participating agency does not concur with the task force coordinator's decision to remove the member, the issue shall be forwarded to the Executive Committee for resolution. It is agreed, however, the resolving of operational issues at the lowest level serves the best interest of the task force. F. Administrative Support Staff The Office of the District Attorney will provide up to two Attorney's Clerk to the task force. These positions will support office /administrative operations and task force personnel and provide clerical liaison between participating agencies. An Accounting staff will be provided by the Office of the District Attorney to handle all aspects of accounting; budgeting; purchasing; financial reporting including receipt, disbursement and reconciliation of task force fund. This position will be responsible for providing a quarterly and/or annual accounting of the fund. G. California Department of Insurance (DOI) The Department of Insurance will assign one full -time investigator to the task force. H. Department of Motor Vehicles (DMV) Special Investigator The Department of Motor Vehicles, Investigations Division, will assign an investigator to the task force on a part time basis to assist with records information including vehicle backgrounds, fraudulent identification (vehicles /persons), identification of suspects, document analysis, etc. Expenses for this investigator position will not be reimbursed by the task force fund. Should the need for a full-time investigator develop, the Department of Motor Vehicles has offered to provide one full -time investigator. G. California Highway Patrol The Department of California Highway Patrol (CHP) will assign two (2) full -time officers to work as investigators to the task force. The; task force will supply general support items such as work space, office furniture, vehicle, communications equipment and other equipment necessary to perform investigative duties, OCATT - POC. January 2010 Page 4 of 8 37 IV. STANDARD OPERATING PROCEDURES All task force members shall abide by the task force's Standard Operating Procedures Manual (SOP), which was approved by the Executive Committee and is maintained by the task force coordinator. The SOP shall specify policies and procedures for task force operations and shall include the following specific items: A. In the event task force policies or procedures conflict with a participating agency, the member shall abide by the policies of his/her agency. Conflicts not resolved by team supervisors will be referred to the task force coordinator for resolution. B . The investigation of officer - involved shootings shall be conducted according to the Orange County Chiefs of Police and Sheriffs Association's officer- involved shooting protocol. Vehicle accidents will be handled by the agency having jurisdiction at the location the incident occurs. Nothing precludes further investigation or concurrent investigation by the detective's/investigator's parent agency. Injured personnel will be taken to the most immediate and competent medical facility available. The participating agency of the involved member will be notified of the incident immediately. C. Task force personnel evaluations and investigations of citizens' complaints or internal investigations shall be handled jointly between the task force supervisor and host agency, when task force assignment is an issue. Disciplinary actions will be approved solely by the participating agency. Participating agencies will provide the name and telephone number of a "liaison supervisor" that will assist task force supervisors with inquiries of mutual concern. Internal disciplinary problems will be the responsibility of the task force supervisors. Failure to abide by task force policies and procedures may result in removal from the task force, upon recommendation of the coordinator, with concurrence of the Executive Committee. D. The release of media information regarding task force operations will be coordinated through the task force supervisor upon concurrence of the coordinator. Media releases involving joint investigations with one or more Orange County agencies will be coordinated with the Executive Committee and those agencies prior to the release of information if time permits: The coordinator will apprise the Chairman of the Executive Committee of incidents with significant media interest. The Executive Committee will determine the course of action when releasing significant information. OCATT - POC. January 2QI0 Page 5 of 8 i V. REPORTING A. The task force coordinator will be responsible for implementing a reporting system, which tracks team activities, statistics, and accomplishments of task force operations. This reporting system will serve as the basis for quarterly reports to the Executive Committee and ensure accountability of resources, personnel and equipment. B. The coordinator will submit an operational report to the Executive Committee on a semi - annual or annual basis. C. The annual report will be provided to the County Board of Supervisors, with copies to each participating City Council. VI. AMENDMENTS TO THE P.O.C. By a majority vote of the quorum, the Executive Committee may amend any portion of this P.O.C., as long as such amendments are done in writing and do not materially alter the obligations of the parties hereunder. VH. TERM OF AGREEMENT This agreement shall commence on January 1, 2010, and remain in effect until the termination of task force funding on the close of business, January 1, 2018, as set forth in Vehicle Code Section 9250.14 amended by Assembly Bill 286. Participating.agencies may elect to terminate the agreement prior to its designated termination date. Any agency desiring to terminate its participation in this agreement shall indicate such intent in writing to the Executive Committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written communication or upon a date established by mutual agreement. VIll. The undersigned state they represent and have the authority to execute this agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the Orange County Auto Theft Task Force, as set forth in this agreement and for the period and purposes as stated herein. Mike Major, Chief Date Bureau of Investigations, Orange County District Attorney OCATT POC. January 2010 Page 6 of 8 Billy Hutchinson, Chief Date Brea Police Department Tom Monson, Chief Date Buena Park Police Department Gary Dominguez, Chief Date California Highway Patrol Rick Plein, Deputy Commissioner Date California Department of Insurance Kathryn Door, Deputy Director Date California Department of Motor vehicle Michael Sellers, Chief Date Fullerton Police Department Kenneth Small, Chief Date Huntington Beach Police Department Paul Workman, Chief Date Laguna Police Department aBeach Robert Luman, Interim Chief Da Newport Beach Police Department OCATP - POC. January 2010 Page 7 of.8 qO Tony Rackauckas, District Attorney Date Orange County District Attorney's Office Sandra Hutchens, Sheriff Date Orange County Sheriff Department James Anderson, Chief Date Placentia Police Department Scott Jordan, Chief Date Tustin Police Department Paul Henisey, Chief Date U. C. Irvine Police Department OCATT - POC. January 2010 Page 8 of 8 q1