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HomeMy WebLinkAboutMemorandum of Understanding with other policing agencies for Project BANDIT. +~' _ MEMORANDUM OF UNDERSTANDING This agreement made and entered into this 8 day of Februarv,2001 by and between the BOISE POLICE DEPARTMENT, the GARDEN CITY POLICE DEPARTMENT, and the MERIDIAN POLICE DEPARTMENT ; WITNESSETH: WHEREAS, cooperative investigations between law enforcement agencies increase the effectiveness of the effort against illegal drug trafficking and other drug related crimes and; WHEREAS, the parties above named have joined together pursuant to the authority granted by Idaho Code 67-2337 (b) to focus law enforcement efforts and to provide mutual assistance to each other to eradicate drug trafficking an other drug related crimes in Boise City, the City of Meridian and Garden City, by creating a multi-agency narcotics and drug enforcement agency, to be known as the Boise Area Narcotics and Drug Interdiction Task Force ( B.A.N.D.I.T.) and hereinafter referred to as "B.A.N.D.I.T."; and WHEREAS, it is the desire of the parties to set forth by way of agreement matters governing the operation of B.A.N.D.I.T.; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties to this agreement do hereby agree as follows: 1 I PURPOSE The primary purpose of B.A.N.D.I.T. is to initiate and conduct both overt and covert investigations directed at illicit drug trafficking and other drug related crimes principally within Boise City, the City of Meridian and Garden City, and detecting, apprehending and seeking criminal prosecution of all those persons involved in illicit trafficking of controlled substances and other and other drug related crimes. It is the intent of B.A.N.D.I.T. to protect citizens within the aforementioned cities from being victimized by illegal drug activities and prevent the trafficking of illegal controlled substances into and out of Ada County through vigorous enforcement and prosecution through the utilization of available laws, legal resources and approved investigative techniques. II DURATION This agreement will be effective from the 8 day of February, 2001 through the 8 day of Februarv,2002. _ III MANNER OF FINANCING Each participating agency will provide funding necessary for the operation of their personnel assigned to B.A.N.D.I.T.. IV LEAD AGENCY The Lead agency in the .BANDIT Task Force shall be the Boise Police Department (BPD). The Boise Police Department shall assign one (1) member of the rank of Lieutenant to B.A.N.D.I.T. who will function as B.A.N.D.I.T. Commander. BPD will also assign an appropriate number of members of the rank of Sergeant to the Task Force who will function as team supervisors and one (1) full time Secretary to function as B.A.N.D.I.T. Secretary. 2 The Boise Police Department, as lead agency, will fulfill the following areas of responsibility: A. Maintain records of expenditures and prepare any and all reports necessary to satisfy Federal and State reporting requirements. B. Compile necessary statistics regarding drug investigations and prosecution and prepare any and all reports necessary for Task Force operations. C. Provide functional supervision of officers assigned full time to B.A.N.D.I.T. from other agencies. Annual or biannual personnel evaluations will be completed upon request. D. Provide on-the-job documented, formal training for newly assigned officers to B.A.N.D.I.T.. V TERMINATION Any party to this agreement may terminate its involvement with B.A.~f.D.I.T. by providing THIRTY (30) days prior written notice to B.A.N.D.I.T. Commander. In the event dissolution occurs, all surplus funds and property acquired through forfeiture shall be distributed to the participating law enforcement agency(s)on a pro rata basis and in accordance with applicable laws. Should dissolution of any nature occur, the Boise Police Department shall retain the exclusive right to use the B.A.N.D.I.T. logo and name indefinitely. 3 VI ORGANIZATIONAL STRUCTURE B.A.N.D.I.T, shall be governed by B.A.N.D.I.T. Commander. He will receive direction/input from the Meridian Police Chief, the Boise Police Chief and the Garden City Police Chief or their designees. The Meridian Policy Department will assign two (2) full time _ investigators to B.A.N.D.I.T.. The Garden City Police Department will assign two (2) full time investigators to B.A.N.D.I.T.. The Boise Police Department will assign a minimum of six (6) sworn officers to include supervisors to B.A.N.D.I.T. and act as the lead agency. VII PARTICIPATING AGENCY PROVISIONS Each party to this agreement further agrees to: A. Provide. and account for overtime, compensatory time, personal leave, sick leave, workman compensation insurance and other matters directly related to the employment of their assigned officers, and these issues shall be governed by the personnel policies and procedures of the member agency. B. Provide their assigned officer(s) with a motor vehicle suitable for narcotics investigation and law enforcement work and all necessary vehicle insurance, maintenance and fuel. In the event of a breakdown, the member agency shall forthwith provide a suitable substitute vehicle. 4 C. Provide their assigned officer(s) with a firearm, ammunition and related equipment which is approved by the member agency and suitable for law enforcement work. D. Provide their assigned officer(s) a desk, computer, mobile radio with encryption capability, ballistic vest with identification vest cover or other appropriate _ identifying garment, and other personal equipment such as a tape recorder, flashlight, etc. E. The Meridian Police Department will provide $1050.00 _ annually to B.A.N.D.I.T. to reimburse "buy funds". The Meridian Police Department will not be charged on a per capita basis. F. The Garden City Police Department will reimburse the Boise Police Department on a pro rata basis for expenditures of "buy funds". G. The Boise Police Department will provide all other buy funds for purchase of drugs, information, miscellaneous expenses, etc., for all investigations. Boise Police Department will incur all office expense such as utilities, rent, and office supplies, and will provide an office telephone for each assigned investigator. VII I INDENII~TI FI CATION In the event an officer assigned to the unit commits an act, either intentionally or negligently, within the course and scope of his or her employment without malice or criminal intent and without gross negligence or reckless, willful or wanton conduct 5 to any person, corporation or governmental body, which subjects the officer to liability for personal injury or property damage, the governmental unit from which the assignment was made shall assume such liability and will save and hold harmless and indemnify all other governmental units (that are the signatories of this agreement) from such liability, including costs, attorney fees and damages rising .therefrom. IX PERFORMANCE/PERSONNEL, PROBLEMS In the event of a complaint against an assigned officer, the complaint shall be forwarded to the member agency for investigation unless it is of a minor nature which the B.A.N.D.I.T. Commander or Task Force supervisor can correct. In the event of a continued, unresolved performance problem with an assigned officer, the B.A.N.D.I.T. Commander can make a recommendation to the member agency for replacement of the assigned officer. X ASSET FORFEITURES A. All asset forfeitures initiated by any participating agency are termed Project Income by Federal/State requirements. Forfeitures must be utilized for approved activities/programs. The forfeited funds will be placed in Task Force forfeiture accounts and shall be maintained by Boise City. Portions of the funds will be dedicated for use by the participating agencies; however, the use must be for B.A.N.D.I.T. related activities. B. Based upon the date of joining B.A.N.D.I.T., all cases initiated by a participating agency are considered Task Force cases. Any forfeiture resulting from a 6 B.A.N.D.I.T. case shall be apportioned on a pro rata basis of Task Force participation. Pro rata agency percentages shall be calculated on sworn personnel assigned full time to B.A.N.D.I.T.. A11 forfeiture percentage awards shall be based on "net" proceeds. "Net" proceeds are based on net cash available after payment of all fees and after completion of any asset sharing with other non-Task Force law enforcement agency(s) if warranted. XI LEAD AGENCY/TASK FORCE COMMANDER DUTIES B.A.N.D.I.T. Commander shall be responsible for B.A.N.D.I.T. operations, personnel, investigations and activities. He will direct the supervisors assigned to the unit and will perform administrative duties related to the management of all B.A.N.D.I.T. operations. Specific duties of B.A.N.D.I.T. Commander shall include: A. Prepare policies and procedures for B.A.N.D.I.T. operation and present these to participating agencies for approval. He shall ensure that the unit policies, procedures and regulations are followed and report any violations to the respective agency. B. Submit monthly reports to participating agency(s) concerning Task Force activities, performance and funding issues. C. Approve Task Force expenditures and ensure they are necessary and legal. D. Address training needs of B.A.N.D.I.T. officers. E. Approve asset sharing amounts to associate B.A.N.D.I.T. agencies and non-Task Force agencies. 7 G. Conduct regular meetings with participating member agency heads or their designee and address concerns brought forth. H. Resolve conflicts with B.A.N.D.I.T. and member agency Policy and Procedure issues. XII SUPERVISOR DUTIES The supervisors assigned to the unit will supervise the day to day activities of the investigators, review and approve reports, address training and personnel issues and ensure that members adhere to the policies, procedures and regulations of B.A.N.D.I.T.. Supervisors may offer verbal counseling or retraining when necessary. Any other form of discipline shall be handled by the officer's agency through B.A.N.D.I.T. chain of command. Supervisors shall report directly to B.A.N.D.I.T. Commander for all issues relating to B.A.N.D.I.T. operations. XIII INVESTIGATOR DUTIES Each officer assigned to the unit shall adhere to and follow the policies, procedures and regulations as set forth in the approved B.A.N.D.I.T. procedures manual and in this agreement. Additionally, each investigator is required to: A. Advise his/her supervisor of information or intelligence received prior to initiating any investigation or committing B.A.N.D.I.T. personnel, equipment or monies. B. Conduct himself/herself as a professional police officer and adhere to B.A.N.D.I.T. policies, procedures and ethical standards in the performance of their duties. 8 C. Carry a firearm while on duty, approved by the department from which assignment to the unit was made. Each officer must qualify using the approved firearm at least semi- annually. D. Immediately notify his/her supervisor if there is a conflict between B.A.N.D.I.T. Policy/Procedure and the _ policies or procedures of their respective agency. These conflicts shall be resolved by the supervisor or B.A.N.D.I.T. Commander before the conflicting action occurs. 9 IN WITNESS WHEREOF, The parties have set their hands and subscribed their names, the day, month and year in this agreement first above written. DATED this ~ day of _~~ ___ DATED this_-?r ~ _ day of ~~/'G~G'~rL~ a ~U/____ i - ~~ -----=- v -- - y~~ --------------- Bill Gordon ((((( Chief, Meridian Police Department DATED this~day of -~'--- Zr y'-aao Ed Parker Chief, Garden City Police Department 10 Chief, Boise Police Department