City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council authorize the Police Department’s participation in
the California Multi-Jurisdictional Methamphetamine Enforcement Team (Cal-
MMET); and approve the Cal-MMET Operational Agreement.
BACKGROUND:
Cal-MMET was created by the Office of the Governor in 2001 to initiate a regional
methamphetamine narcotics investigation and prevention effort focused on combating the
growing problem of methamphetamine abuse in the State of California. The program
started in Northern California and has, as of 2007, been expanded to include Southern
California agencies. Cal-MMET is a grant program managed by the Governor’s Office of
Criminal Justice Planning (OCJP). Regionally, the Cal-MMET grant program is funded
through the Los Angeles County Sheriff’s Department.
The Cal-MMET Grant Program is fully funded, self-sustaining, and entails multi-agency task
forces comprised of police personnel from state, county, and municipal police agencies.
The Culver City Police Department has been invited to assign one Police Officer to the Los
Angeles County Area Cal-MMET Task Force. This Police Officer position will be fully
funded, on a reimbursement basis, by Cal-MMET, via the Los Angeles Sheriff’s Department,
for all salary, benefits, overtime, and training associated with the task force assignment.
ATTACHMENTS:
Cal-MMET Operational Agreement.
Meeting Date: February 26, 2007 Item Number: C-5
AGENDA ITEM: Authorization of the Police Department’s Participation in the
California Multi-Jurisdictional Methamphetamine Enforcement Team (Cal-MMET);
and Approval of Cal-MMET Operational Agreement.
Contact Person/Dept. Captain Scott Bixby
Police Department
Phone Number:
253-6200
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master Notification List 2/19/07
Department Approval:
Don Pedersen (02/22/2007)
City Attorney Approval:
Carol Schwab (by H. Iker) (02/26/07)
City Controller Approval:
Marlee Chang (02/22/2007)
City Manager Approval:
Jerry B. Fulwood (02/23/2007)City of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
1. Authorize the Police Department’s participation in Cal-MMET; and
2. Approve the Cal-MMET Operational Agreement and authorize the Chief of Police
to execute the Agreement.
1WEETING DATE: February 26, 2007
AGENDA ITEM: Police Department's participation in a regional
methamphetamine narcotics investigation and prevention effort by establishing
one police officer position to be funded via reimbursement by the Cal-MMET
Task Force Grant Program.
ATTACIEVIENTS
Pages
1. Cal-MMET Operational Agreement
1-16OPERATIONAL AGREEMENT
CALIFORNIA MULTI-JURISDICTIONAL
METHAMPHETAMINE ENFORCEMENT TEAM
Cal-MMETOPERATIONAL AGREEMENT
(1) PURPOSE
This Operational Agreement is entered into by the undersigned participating law
enforcement agencies to document the policies and procedures for the operation
of the California Multi-Jurisdictional Methamphetamine Team (Cal-MMET),
established by the Los Angeles County Sheriffs Department (LASD) through a
grant from the California Office of Emergency Services (OES). This Agreement
is solely an operational agreement. It does not establish, and is not intended to
establish, a joint powers authority or any other legal entity or governmental body.
The goals of the Cal-MMET task force are as follows:
A. Target methamphetamine manufacturers and traffickers who produce or
sell significant quantities of methamphetamine, including precursor
trafficking.
B. Disrupt and dismantle clandestine labs and organizations that
manufacture and distribute methamphetamine.
C. Arrest and incarcerate those responsible, and use state and/or federal law
to identify and seize assets related to the manufacture and distribution of
methamphetamine.
D. Focus on the safety and well-being of children by coordinating activities to
ensure that the cbikrs_needs are not overlooked; assist children who have
been endangered by exposure to illicit drug environs and its associated
hazardous lifestyle, including but not limited to methamphetamine, its
precursors, or toxic byproducts; and remove children from these toxic
environments. Hold accountable those individuals who willfully create a
situation and/or environment where the life or limb of a child may be
endangered or his health injured.
E. Gather and report intelligence data relating to manufacturing, distributing
and trafficking methamphetamine, including precursors.
F. Conduct undercover operations where appropriate and engage in other
traditional methods of investigation in order that the team activities will
result in effective prosecution before the courts of the United States and
the State of California.
(2) ADMINISTRATION
2LASD will oversee the management of Cal-MMET.
(3) AMENDING THE OPERATIONAL AGREEMENT
This Operational Agreement may only be amended upon recommendation by
the Sheriff or his designee, or by recommendation from a participating agency
Police Chief. Any amendments shall be in writing and shall be effective only
upon execution by the Sheriff and all participating agency police chiefs or their
designees.
(4) PARTICIPANTS
Each of the participating agencies agree to assign the following personnel to
participate in the Cal-MMET task force. LASD also will provide administrative
and clerical staff positions which will be grant funded.
Los Angeles County Sheriffs Department
Culver City Police Department
Glendale Police Department
Glendora Police Department
La Verne Police Department
Cal/DOJ Bureau of Narcotics Enforcement
(4) Investigators
(2) Sergeants
(1) Lieutenant (Not grant funded)
(1) Operations Assistant 11
(1) Sheriffs Clerk
(1) Investigator
(1) Investigator
(1) Investigator
(1) Investigator
(2) Investigators (Not grant
funded)
(5) AGENCY PARTICIPATION AND TERM OF AGREEMENT
This Operational Agreement shall be effective upon execution by the Sheriff and
the Chief of Police of each participating agency. This Agreement shall terminate
automatically upon the termination of grant funding for Cal-MMET. An individual
participating agency may withdraw from participation in the Cal-MMET task force
by providing written notice to the Sheriff as provided below. During the term of
this Operational Agreement, the participating agencies shall retain all
responsibilities for the employment, salary, benefits and terms and conditions,
including discipline and ultimate supervision of their members, during the period
in which the Cal-MMET grant is effective.
Withdrawal from participation shall become effective 60-days following the giving
of written notice of withdrawal of participation by the participating agency to theSheriff_ This 60 day period will provide for the timely transfer of assignment and
selection of replacement personnel.
in the event of unforseen emergency or disaster requiring reassignment of
personnel or resources, this agreement may be canceled without prior written
notice.
(6) DISTRIBUTION OF ASSETS SEIZED
The Cal-MMET task force shall, as it constructs its case investigations, maximize
(as possible) the identification of assets for forfeiture. The Cal-MMET task force,
when constructing their case investigations, shall use both civil and criminal
forfeiture statutes in the seizure of assets. State and Federal asset seizure
programs will be utilized by the LASD. Assets will be divided on a basis of the
participating agencies' respective contribution of personnel applying the following
formula:
A. One hundred percent (100%) of all assets seized will be divided among
the participating member agencies. For purposes of distribution of assets,
the Cal-MMET task force will consist of ten investigators and two
supervising sergeants. The current formula for distribution or percentage
allocated to each investigator or supervisor, will be a basic formula of
100% of remaining assets after administrative costs are deducted by the
appropriate federal or state agency involved in the forfeiture proceeding,
divided by the number of team members, including supervisors. Using
this formula, the percentage allocation to each participating agency
member is 8.33%.
B. The disbursement of assets will be based upon the existing participation
at the time the seizure takes place. A claim for funds must include, in
addition to a reference to the LASD case in question, a statement
stipulating that the asset or property will only be used for law enforcement
purposes. Adherence to this procedure is necessary for LASD to provide
an audit trail which will show that the assets seized are being disbursed
and used in accordance with applicable state and federal law.
(7) STRUCTURE
4The Cal-MMET task force goals will be implemented by two teams staffed with
five investigators and one sergeant each. Both teams will be overseen by one
lieutenant, and will have the support of one Operations Assistant II and one
Sheriffs Clerk.
The Los Angeles County Sheriffs Department Narcotics Bureau headquarters
staff shall be responsible for the administrative operation of the Cal-MMET
program.
Each investigative team shall be responsible for enforcement activities within Los
Angeles County. Boundaries shall be determined by LASD and shall include all
incorporated and unincorporated areas within the County of Los Angeles.
Investigative team boundaries shall not restrict or prohibit the necessary case
follow up, investigation, or assistance outside of the County of Los Angeles;
however, the case must have a nexus to support "out of county" investigations.
(8)SUPERVISION
Each Cal-MMET team will be supervised by a supervisor of the rank of sergeant.
An LASD lieutenant shall be responsible for the leadership and management of
both Cal-MMET teams and the support staff.
Team sergeants are responsible for the direct supervision of personnel assigned
to their respective teams, and for the tasks assigned to their teams.
Team members assigned to the Cal-MMET program will work full time under the
direct daily supervision of the lieutenant and team sergeants. The lieutenant and
team sergeants will be under the supervision of LASD and all members will
follow required LASD policies, procedures, and guidelines.
Should any of the aforementioned policies, procedures, or guidelines conflict
with the policy, procedures, guidelines, training or tactical guidelines of the
participating parent agency, the individual member will immediately bring the
conflict to the attention of a supervisor. The individual member shall abide by
the directives of the parent agency until such conflict is resolved. LASD shall
ensure that the appropriate action to resolve the conflict is initiated without delay.
(9)PERSONNEL SELECTION
Participating agencies shall nominate experienced investigators for assignment
to Cal-MMET. All investigative positions shall be filled by sworn personnel only.
5Final personnel selection decisions will be made by LASD, in consultation with
the participating agency heads. Selection may involve an interview process.
Based on the expertise required to conduct major narcotic investigations, a one
year minimum assignment is strongly recommended for Cal-MMET personnel.
Nothing in this agreement prevents an individual from returning to the
participating parent agency for any reason based on agreed upon procedures.
Personnel may be terminated from Cal-MMET and returned to their respective
agencies for failure to adhere to policies and procedures at the discretion of
LASD, in consultation with participating agency heads.
Personnel suffering injury or illness resulting in extended absence, will only be
grant funded for a 30 day period, per OES policy (refer 2117.3 (b) 2006 OES
Recipient Handbook). After 30 days, affected personnel may be evaluated and
returned to the participating agency at the discretion of LASD, in consultation
with participating agency heads.
(10) CASE PRIORITIZATION
Case priorities will be determined by, but not limited to, the sophistication of the
enterprise, community impact, personnel and/or equipment availability, and
workable investigative leads_ Proactive enforcement will be the primary activity
of Cal-MMET Teams and will include suspect and location identification,
investigation, surveillance, search and seizure, report preparation, suspect arrest
and prosecution, and the seizure of assets related to methamphetamine
trafficking, distribution and manufacturing. All manner of methamphetamine
manufacturing, distribution and trafficking will be targeted, but emphasis will be
placed on dismantling drug trafficking organizations.
(11) DRUG ENDANGERED CHILDREN (DEC)! MULTI-AGENCY
RESPONSE TEAM (MART) REQUIREMENTS
Clandestine methamphetamine manufacturing and distribution has created a
public health and safety crisis for residents of Los Angeles County, especially
children. Despite increased law enforcement efforts, the manufacture of
methamphetamine in clandestine laboratories continues to pose an alarming
danger to children who are found at these locations. The Los Angeles County
Interagency Drug-Endangered Child (DEC) Protocol, which meets the
requirements of the California Drug Endangered Child Protection Act (Penal
Code Section 13865 et seq.), shall be followed in all cases where a child is found
at a clandestine methamphetamine lab, or where significant methamphetamine
is being stored or used.
6The Los Angeles County Sheriffs Department Narcotics Bureau Order #5-11
shall be followed by all members of the Cal-MMET task force. The order states,
in part, that the Department of Children and Family Services (DCFS) Multi-
Agency Response Team (MART), shall be notified on all search warrants,
probation/parole searches, and other investigations where it is known that
children are or will be present. MART personnel shall also be notified when it is
discovered that children are present during any of the above operations, and it is
determined that their safety may be in jeopardy.
(12) ADMINISTRATIVE GUIDELINES
During the period of assignment, the participating agency's investigator(s) will
follow all LASD policies, procedures, and guidelines, including those relating to
conduct, LASD property, reporting systems, and all clerical functions. Failure to
adhere to LASD guidelines and procedures shall be grounds for dismissal from
the Cal-MMET Enforcement Team.
LASD shall provide all members assigned to the Cal-MMET program,
appropriate training on, and/or explanations of, and/or physical copies of all
policies and procedures referenced.
In addition, participating agency members will also have the responsibility to
follow all policies and procedures set forth by their home agency. In the event of
a policy and/or procedural conflict, the Cal-MMET team sergeant shall be
immediately advised.
(13) REPORTING FORMAT
Investigative reports will be completed in a timely manner and will describe
activities fully, exactly and plainly. Copies of all case reports will be kept in the
respective Cal-MMET team office under an in-house investigative file number
until completion of the case, at which time reports will be maintained in a
centralized records retention file, managed by LASD, pursuant to standardized
document destruction procedures. Original copies of case reports will be
forwarded to the involved participating law enforcement agency for required
distribution and record keeping. All appropriate information will be entered into
the LARCIS system.
Report forms used to document case activities will be those employed by the Los
Angeles County Sheriffs Department. All Cal-MMET team members shall follow
Informant Management Procedures as outlined by LASD Narcotics Bureau
Orders. All Cal-MMET team members shall follow Money Handling Procedures
as outlined by LASD Narcotics Bureau Orders.
7(14) RELEASE OF INFORMATION
Large scale investigations are sensitive. Protection of sources of information
and managing information about areas of criminal activity are absolutely
essential. Dissemination of information and reports will be done on a "need-to-
know/right-to-know" basis in compliance with existing state and federal laws.
Questions about the appropriateness of releasing case information will be
referred to LASD, who will coordinate the dissemination of information.
Cal-MMET will cooperate with the news media to assist them in obtaining
information on matters of public interest. However, certain information must
remain confidential in order to protect the Constitutional rights of the accused, to
avoid interfering with a Cal-MMET investigation, or because it is legally
privileged. LASD shall be responsible for the dissemination or coordination of
press releases. All participating agencies will be notified, time permitting, prior to
any media releases. Notification will be made in all cases prior to any formal
press briefing.
(15) ACTIVITY REPORT
Cal-MMET team sergeants will prepare monthly activities reports detailing team
activities for the Cal-MMET program lieutenant. These activities reports will be
forwarded to the appropriate command staff at LASD and will serve as the basis
for quarterly reports to the Sheriff and the Office of Emergency Services (OES).
LASD will submit a quarterly operational report within 15 days of the close of a
calendar quarter. Copies of the quarterly report will be forwarded to all
participating agencies.
(16) DOCUMENT SECURITY
All reports and records will be designated CONFIDENTIAL. This material will be
secured under lock and key when unattended. Access to files will be on a
"need-to-know/right-to-know" basis. Case files being actively worked will be kept
under the direct control of Cal-MMET until the investigation is concluded. Cases
with no workable leads, or cases that have not been worked after one year will
be handled pursuant to lawful standardized document destruction procedures.
At no time will official reports or evidence be kept or stored anywhere but the
designated offices of Cal-MMET or the evidence room or records section of the
8involved participating agency. The management of information will always be
done in strict accordance with applicable local, state, and federal laws.
Monthly Activities Reports and other such similar Cal-MMET materials are
prepared specifically for LASD, participating agency heads, and the Office of
Emergency Services and shall be considered and marked CONFIDENTIAL.
Statistics and other progress reporting for public dissemination will be completed
at the direction of the program director and distributed as necessary.
(17) MULTI-AGENCY CONCERNS
A. Citizen Complaints
Any complaint from an individual alleging misconduct by personnel of Cal-
MMET will be directed to the Cal-MMET team lieutenant for immediate
assignment and preliminary fact finding.
The lieutenant will immediately notify the appropriate command staff at
LASD. LASD will notify the concerned officer's participating agency head
and provide them with all available information regarding the incident. Final
determination of investigative responsibility will be made following
discussion with the parent agency. Disciplinary action will be recommended
and approved solely by the concerned participating agency.
B. Employee Evaluation
The Cal-MMET lieutenants and team sergeants will assist appropriate
participating agency supervisors in completing fair and objective evaluations
for rating periods involving task force assignments. The participating parent
agency's evaluation form will be used, and all final decisions regarding
evaluations remain with the parent agency at all times.
C. On Duty Traffic Collisions
1. Collision Investigations
If a Cal-MMET team member is involved in a traffic collision while
on duty, the team lieutenant shall notify the appropriate command
staff at LASD, a the appropriate supervisory staff from the involved
officer's participating agency and any concerned investigative
agencies, (e.g. CHP). Appropriate reports will be completed in
compliance with legal requirements, LASD and participating agency
policy.
9D. Employee Injury or Death
1. If a Cal-MMET team member is involved in an incident which
results in injury or death, the team lieutenant will notify the
appropriate level LASD command staff who will immediately notify
the participating agency's Executive Officer or designee. An
involved participating agency supervisor will be notified and
procedures will be followed as required by the concerned
participating agency. In case of an emergency, the officer will
receive immediate medical attention in the most expedient manner.
In order to assist the lieutenant in ensuring an officer's injury is
treated without delay, every officer assigned to Cal-MMET will
supply a supervisor with medical emergency notification information
that will be maintained at the Cal-MMET team office.
E. Use of Force Reporting
1. Use of force incidents will be investigated and reported utilizing
existing LASD forms and procedures. Any additional reporting
and/or notifications required by the participating agencies will
followed by the Cal-MMet supervisory staff.
F. Officer Involved Shooting/Use of Deadly Force
1. Officer involved shooting incidents require the following:
(a) The immediate notification to the appropriate level LASD
command staff who will immediately notify the Sheriff and,
following the appropriate chain of command, will notify:
(1) The Chief or designee from the involved officer's
participating agency.
(2) A supervisor from the agency/jurisdiction in which the
incident took place.
(3) The LASD Homicide Bureau.
2. Investigative and reporting responsibility will be determined
following consultation with involved agency representatives and will
comply with all participating agency guidelines. Nothing in this
agreement precludes concurrent investigations by involved
agencies. The District Attorney's rollout team will be notified if the
participating agency of the involved officer requests it. If there is a
10conflict between participating agency policies when multiple
jurisdiction officers are involved, the District Attorney's rollout team
will be notified.
3. Non-hit Shooting/Accidental Discharges
(a) Any non hit shooting or accidental discharge shall
immediately be reported to the Cal-MMET team lieutenant
for preliminary investigation. The lieutenant will respond and
notify the appropriate command staff at LASD who will notify
the supervisor from the involved officer's participating
agency. Investigative and reporting responsibility will be
determined following consultation with the involved
participating agency representatives and will be in
compliance with all participating agency guidelines.
G. Firearms
1. Every officer assigned to Cal-MMET will carry a firearm in
accordance with his/her department policies and procedures.
Applicable participating agency policies concerning the use of
firearms shall apply. Any 'firearms carried by Cal-MMET officers
must be approved by the concerned participating agency. Cal-
MMET officers shall comply with their respective participating
agency firearms qualification requirements.
H. Liability/Indemnification
1. Each participating agency shall be solely liable for any and all
damages, including attorney's fees, resulting from the sole acts or
omissions of its own employees, including those employee
assigned to Cal-MMET, and agrees to indemnify, defend, and hold
harmless each other participating agency for said acts and
omissions.
I. Workers Compensation
1. Each participating agency is responsible for any worker
compensation, sick, injured on duty, or similar benefits incurred by
or due its employees, (subject to grant coverage as specified in
section (9), paragraph 4).
11(18) TRAINING
All required participating agency training shall be attended by assigned
personnel. The team sergeant shall be notified of scheduled training as soon as
possible. Cal-MMET will schedule additional training consistent with Cal-
MMET's stated mission and goals.
(19) EQUIPMENT, SUPPLIES, AND SALARIES
Participating agency personnel will be provided with necessary assets, supplies,
and equipment, including communication equipment and technical tools by the
Sheriff from funds received from the OES.
A. Expenditures for Cal-MMET task force field personnel, including salary,
benefits and overtime will be reimbursed to participating agencies at the
following funding/staffing levels, as set forth more specifically in
Memoranda of Understanding between the Sheriffs Department and each
participating agency:
1. 100% for LASD personnel
2. 100% for participating agency personnel:
Culver City Police Department
Glendale Police Department
Glendora Police Department
La Verne Police Department
3. Salary expenditures for State of California, Bureau of Narcotics
Enforcement personnel are not eligible for reimbursement through
the grant. However, overtime expenditures for assigned BNE
personnel that receive the prior approval of the Cal-MMET
Lieutenant will be reimbursed.
(a) No overtime will be allowed unless by prior approval of the
Cal-MMET lieutenant.
(b) All personnel will, as required, work beyond their normal
work day or respond to call outs as deemed necessary by
the Cal-MMET lieutenant or team sergeant.
(c) The Cal-MMET Program will not provide vehicles to
assigned personnel. Participating agencies agree to provide
vehicles that are in serviceable condition and are suitable for
undercover/covert operations. Vehicles should be properly
equipped with safety and emergency equipment.
12Participating agencies agree to provide their own vehicle
maintenance, fuel, and liability/hold harmless coverage
pursuant to established participating agency procedures.
(20) SPECIAL FUNDS
LASD shall establish and control a special fund, to which members of Cal-MMET
may charge expenditures, including but not limited to informant fees and
investigative fees as necessary in the performance of the duties herein. The
fund will not be grant funded.
Special funds expenditures are those authorized expenditures by Cal-MMET
personnel incurred while working undercover or on a surveillance and must be
directly related to informant fees and/or investigative expenses. LASD shall
maintain this fund in the amount of $2,500 throughout the year. Expenditures
shall have the prior approval of the Cal-MMET lieutenant. LASD policy, per
Narcotics Bureau Orders 4-2: Expense Fund/Informant Fees and 4-5:
Crew/Team Special Appropriations Funds, shall be followed at all times.
(21) LOSS OF MONIES
In the event monies are lost, stolen, or otherwise not accounted for, LASD will
immediately initiate an investigation.
(22) GRANT FUND ADMINISTRATION
The OES grant fund will be administered by the Los Angeles County Sheriffs
Fiscal Services Office.
A.
Day to day fiscal management, accounting, and record keeping will
be handled by the Sheriffs Department Fiscal Services Office.
Participating agencies shall maintain current and accurate records
of account of all obligations and expenditures for respective
assigned personnel. Agencies seeking reimbursement for Cal-
MMET activities shall submit a detailed statement of expenses in a
prescribed format to LASD for actual expenditures incurred on a
monthly basis and in arrears, on or before the 5th of each month.
Only basic salary, benefit and related overtime costs (at time and
one half) will be reimbursed by the Cal-MMET grant. Upon
approval by LASD, a claim for reimbursement will be forwarded to
the Los Angeles County Sheriffs Fiscal Services Office for
payment within 30 days.
13Requisitions for materials and services related to Cal-MMET must
have the prior approval of LASD. Approved expenses will be
forwarded to and paid by the Los Angeles County Sheriffs Fiscal
Services Office.
(23) PARTICIPATING AGENCY CONTACTS
The Sheriff's Department contact will be:
The Culver City Police Department's contact will be:
The Glendale Police Department's contact will be:
The Glendora Police Department's contact will be:
The La Verne Police Department's contact will be:
The State of California / BNE contact will be:
14IN WITNESS WHEREOF, the Los Angeles County Sheriffs Department and the Cal-
MMET participants have executed this Operational Agreement through their duly
authorized officers effective upon execution of each agency.
CITY OF CULVER CITY COUNTY OF LOS ANGELES
Police Department Sheriff's Department
Date:
Date:
DON PEDERSON
LEROY D. BACA
CHIEF OF POLICE
SHERIFF
CITY OF GLENDALE
Police Department
Date:
RANDY G. ADAMS
CHIEF OF POLICE
CITY OF GLENDORA
Police Department
Date:
CHARLES MONTOYA
CHIEF OF POLICE
CITY OF LA VERNE
Police Department
Date:
SCOTT PICKWITH
CHIEF OF POLICE
STATE OF CALIFORNIA,
BUREAU OF NARCOTICS ENFORCEMENT
Date:
JOHN GAINES
CHIEF
IlayE 15 o(j) 15