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Countv of Santa Cruz Sheriff-Coroner
701 Ocean Street, Suite 340, Santa Cruz, CA 95060 (831) 454-2440 FAX: (831) 454-2353
Steve Robbins Sheriff-Coroner January 17,2007 Agenda: January 23,2007 Board of Supervisors County of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California 95060
RE: Central Coast Rural Crime Prevention funds
Dear Members of the Board:
The District Attorney’s Office, along with the Sheriffs Office, is requesting approval to apply for $60,000 in Central Coast Rural Crime Prevention funds for fiscal year 2006/07. This letter is to provide your Board with background information regarding the Central Coast Rural Crime Prevention Program and related matters.
According to the Rural Police Project, California farmers lose $30 million per year due to theft. The Sheriffs Offtce has taken reports on stolen equipment, fuel tanks being siphoned, theft of flower bulbs with a value of nearly $30,000, and thousands of dollars worth of missing crops. In accumulated reports from the Sheriffs Office and CHP, Santa Cruz County has experienced in the last year stolen tractors and trailers valued at over $220,150.
In 2005, the Sheriffs Office assigned one deputy sheriff to address rural crimes on a part-time basis. The Sheriffs Office, along with the District Attorney and Agricultural Commission, also joined the ACTION Project. The ACTION Project is a federally funded program that offers technological support to participating California jurisdictions. Our participation provides Santa Cruz County with technological, strategic and analytical support to improve the prevention, detection, arrest and prosecution of agriculturally related crimes committed in the rural areas of Santa Cruz County. This partnership also offers an integrated network of specialized agricultural crime law enforcement units in and throughout the Central Valley and San Luis Obispo County.
Recently, the State of California adopted legislation to provide funding for a Central Valley Rural Crimes Prevention Program to address the growing problems of agricultural related crime. The Central Valley Rural Crimes Prevention Program funds are designed to be used to develop a program, provide funding for additional law enforcement and district attorney personnel and to provide operating expenses. The Santa Cruz Sheriffs Office is working with the District Attorney’s OfFice to apply
for the allocated funding of $60,000 in 2006/07. The Sheriffs Office will provide $1 7,500 to the District Attorneys' Office to fund 1 1 % of an Assistant District Attorney position to assist with prosecution and the remaining $42,500 to fund 44% of a rural crimes deputy position. No local matching funds are required.
It is therefore recommended that your Board:
1) Accept and file this report on the Central Coast Rural Crime Prevention Program and authorize the District Attorney to apply for funds during fiscal year 2006/07;
2) Approve grant application for the Central Coast Rural Crime Prevention Program and authorize the District Attorney and County Administrative Officer to sign the grant documents; and
3) Request the Sheriff-Coroner and District Attorney to return with the required financial documents upon grant award notification.
Very truly yours, .
Steve Robbins *
Sheriff-Coroner
~ M M E N D E D : /
>
S'u'S'an A. Mauriello County Administrative Officer
Bob Lee Bob Lee District Attorney
cc: Auditor, Sheriff-Coroner, CAO
STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor ~~
C A L I P O P I I A LAW ENFORCEMENT AND VICTIM SERVICES DIVISION
GOVERNOR’S OFFICE OF EMERGENCY SERVICES 3650 SCHRIEVER AVENUE
MATHER, CA 95655 - (91 6) 324-91 00 Gou%m&anRd FAX. 327-5674 --
APPLICATION COVER SHEET
RFA PROCESS
CENTRAL COASTAL RURAL CRIME PREVENTION PROGRAM RFA
Submitted by:
$anta Cruz County District Attorney’s Office
701 Ocean Street, Rm 200 Santa Cruz, CA 95060
(831 ) 454-2400
OES ID# Award #
GOVERNOR'S OFFICE OF EMERGENCY SERVICES LAW ENFORCEMENT AND VICTIM SERVICES DIVISION
GRANT AWARD FACE SHEET (OES A301) The Governor's Office of Emergency Services, hereafter designated OES, hereby makes a grant award of funds to the following:
1. Grant Recipient: Santa Cruz County
hereafter designated Recipient, in the amount and for the purpose and duration set forth in this grant award.
Santa Cruz County District Attorney's Office 2. Implementing Agency:
3. Project Title: Central Coast Rural Crime Prevention Program 4. Grant Period: 7/1/06 to 6/30/07
*Select the fund source(s) from the lists below and or type the appropriate acronym in box 8 or 9 and enter the amount@) from each source. Please do not enter both State and Federal fund sources on the same line. Add any cash match(s) and enter total in Block IOG.
Fund Source A. State G. Total D. Cash E. In-Kind F. Total
Match Match Match Project Cost B. Federal C. Total
1 60,000 1 5.
Fund Source
Fund Source ci 11 11. This grant award consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurance of Compliance forms which are being submitted. I hereby certify I am vested with the authority, and have the approval of the CitylCounty Financial Officer, City Manager, County Administrator, or Governing Board Chair, to enter into this grant award agreement; and all funds received pumuant to this agreement will be spent exclusively on the purposes specified. The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute@), the Program Guidelines, the Recipient Handbook, and the OES audit requirements, as stated in the applicable RFP or RFA. The grant recipient further agrees to all legal conditions and terms incorporated by reference in the applicable RFP or RFA, and agrees that the allocation of funds is contingent on the enactment of the State Budget.
12. Official Authorized to Sign for ApplicantlGrant Recipient:
Name: BobLee Title: District Attorney
Federal Employer ID Number: CAO440000
Payment Mailing Address: 701 Ocean St, Rm 200 City: Santa Cruz Zip: 95060
Telephone: 831 -454-2400 FAX: Email: [email protected]~ (area code) (area code)
Signature d.ZDw Date: ( c f(;-o"I
I hereby cerMy upon my own personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above.
OES Program Manager Date OES Director (or designee) Date
Grant Award Face Sheet - AOES 301 - (Revised 1/2/2007)
PROJECT CONTACT INFORMATION
Applicant Santa Cruz District Attorney Grant Number [FOR OES USE ONLY]
Provide the name, title, address, telephone number, and e-mail address for the project contacts named below. If a section does not apply to your project, enter “NIA.” NOTE: If you use a PO Box address, a street address is also required for package delivery and site visit purposes.
1.
2.
3.
4.
5.
6.
The Proiect Director for the project:
Name: Phil Wowak Address: 701 Ocean St
Title: Lieutenant City: Santa Cruz Zip: 95060
Telephone #: 831-454-2414 Fax #: 831-454-2353 (Area Code) (Area code)
E-Mail Address: [email protected]
The Financial Officer for the project:
Name: Kathy Samms
Telephone #: 831 -454-2992
Title: Administrative Officer
(Area Code)
Address: City:
Fax #:
701 Ocean Sr, Rm 340 Santa Cruz Zip: 95060
831 -454-2353 (Area code)
E-Mail Address: [email protected]
The person having routine Drwrammatic responsibilitv for the project:
Name: Brian Erbe Address: 790 Green Valley Rd
Title: Deputy City: Watsonville Zip: 95076
Telephone #: 831-7634420 F ~ x #: 831-454-2353 (Area Code) (Area code)
E-Mail Address: shf261 @cosanta-cruz.ca.us
The person having routine fiscal responsibility for the project:
701 Ocean St Name: Linda Bingham Address: Title: Acct. Tech City: Santa Cruz Zip: 95060
Telephone #: 831-454-2474 Fax #: 831 -454-2353 (Area Code) (Area code)
E-Mail Address: [email protected]
The Executive Director of a nonprofit organization or the Chief Executive Officer (e.g., chief of police, superintendent of schools) of the implementing agency:
Name: Bob Lee Address: 701 Ocean Street
Title: District Attorney City: Santa Cruz Zip: 95060
Telephone #: 831-454-2400 Fax #: (Area Code) (Area code)
E-Mail Address: [email protected]
The Chair of the governina body of the implementing agency: (Provide contact information other than that of the implementing agency)
Name: Janet Beautz Address: 701 Ocean St, Rrn 500
Title: Chair City: Santa Cruz Zip: 95060
Telephone #: 831 -454-2200 Fax #: (Area Code) (Area code)
E-Mail Address:
Project Contact Information (Revised 7/1/2006)
SIGNATURE AUTHORIZATION
Grant Award #:
Grant Recipient: Santa Cruz County
Implementing Agency: Santa CrUZ COUntY D i s t r i c t Atto-rneg's Offir.P.
*The Project Director and Financial Officer are REQUIRED to sign this form.
The following persons are authorized to sign for the Project Director
. Name
Signature
Steve Robbins Name
Bd 7 5 Signature
Bob L e e
The following persons are authorized to sign for the Financial Officer
Ld& &fi& Signature
Linda Binaham -~
Name
Signature
Name
Signature
Name ~
Name
Signature Signature
Name Name
Signature Signature
Name Name
signature Authorization (I 1/15/2006)
CERTIFICATION OF ASSURANCE OF COMPLIANCE
1, BobLee hereby certify that (official authorized to sign grant award; same person as Section 12 on Grant Award Face Sheet)
Santa Cruz County RECIPIENT:
Santa Cruz County District Attorney’s Office IMPLEMENTING AGENCY:
Central Coast Rural Crime Prevention Program PROJECT TITLE:
is responsible for reviewing the Grant Recipient Handbook and adhering to all of the Grant Award Agreement requirements (state and/or federal) as directed by OES including, but not limited to, the following areas:
I.
II.
111.
Equal Employment Opportunity - (2006 Recipient Handbook Section 2151)
It is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), marital status, sex, sexual orientation, denial of family medical care teave, denial of pregnancy disability leave, or age (over 40). OES-funded projects certify that they will comply with all state and federal requirements regarding equal employment opportunity, nondiscrimination and civil rights.
Please provide the following information:
Ajita Patel Affirmative Action Officer:
Equal Employment Opportunity Officer
701 Ocean St, Rm 310, Santa Cruz, CA 95060
Title:
Address:
83 1-454-2962 Phone:
PER407@co .santa-cruz.ca. us Email:
Drug-Free Workplace Act of 1990 - (2006 Recipient Handbook, Section 2152)
The State of California requires that every person or organization awarded a grant or contract shall certify it will provide a drug-free workplace.
California Environmental Quality Act (CEQA) - (2006 Recipient Handbook, Section 2153)
The California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.) requires all OES funded projects to certify compliance with CEQA. Projects receiving funding must coordinate with their city or county planning agency to ensure that the project is compliance with CEAQ requirements.
Certification of Assurance of Compliance - OES 656 (Revised 7/1/2006)
IW. Lobbying - (2006 Recipient HandBo~k Section 2154)
OES grant funds, grant property, or grant funded positions shall not be used for any lobbying activities, including, but not limited to, being paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement.
V. Debarment and Suspension - (2006 Recjpknt Handbook Section 2155) (This applies to federally funded grants only.)
OES-funded projects must certify that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department of agency.
Vl. Proof of Authority fmm City Council/Governing Board
The above-named organization (applicant) accepts responsibility for and will comply with the requirement to obtain written authorization from the city counciVgoverning board in support of this program. The applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of OES, and that any cash match will be appropriated as required. It is agreed that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OES disclaim responsibility of any such liability. Furthermore, it is also agreed that grant funds received from OES shall not be used to supplant expenditures controlled by the city councWgoveming board.
The applicant is required to obtain written authorization from the city councWgoverning board that the official executing this agreement is, in fact, authorized to do so. The applicant is also required to maintain said written authorization on file and readily available upon demand.
Certification of Assurance of Compliance - OES 656 (Revised 7/1/2006)
All appropriate documentation must be maintained on file by the project and available for OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Recipient may be ineligible for award of any future grants if the OES determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
CERTl FlCATl ON
I, the official named below, am the same individual authorized to sign the Grant Award Agreement [Section 12 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.
Authorized Off icia 1’s Signature: Bo4 y L Bob Lee
Authorized Official’s Typed Name:
Distict Attorney, Santa Cruz County Authorized Official’s Title:
Date Executed: / / V+*q CA0440000
Federal ID Number:
Santa Cruz 11 Executed in the CitylCounty of:
AUTHORIZED BY: (not applicable to State agencies)
0 City/County Financial Officer or City Manager or Governing Board Chair
Signature:
Susan A. Mauriello Typed Name:
County Administrative Officer Title:
Proiect Narrative
A. Description of the County of Santa Cruz
Santa Cruz County is located on the Monterey Bay. It is bordered, or surrounded, by
four other counties: San Mateo, Santa Clara, San Benito and Monterey. Geographically,
Santa CNZ County is the second smallest county in the state with a total of 439 square
miles. Of this area, the Sheriffs Office has the law enforcement responsibilities for
approximately 41 9 square miles. There are many small communities scattered throughout
the county.
The population of Santa Cruz County is approximately 255,602 according to the 2000
US Census Bureau figures. The population of the county is divided into the following
figures:
*Unincorporated County.. .................. .135,326 52.9% *Santa Cruz City.. ............................ 54,593 21.4% Watsonville City.. ........................... 44,265 17.3% *Capitols City.. ............................... 10,033 3.9% "Scotts Valley City.. ........................ 1 1,385 4.5%
Ethnically, Santa Cruz County is divided into the following categories:
White Hispanic Asian Two or more races African American Other Native Hawaiian
65.5% 26.8% 3.3% 2.6% 0.8% 0.3% 0.1 %
Many communities and cities in the county are bedroom communities for people
employed in Santa Clara County's Silicon Valley. As a result, the economic composition
of the residents is diverse. It varies widely from low-income farm working families to high
paid corporate executives employed in the computer industry. According to the Santa
Cruz Sentinel newspaper, the current median price of a home is $700,000.
The Watsonville area, which encompasses the agriculturally rich Pajaro Valley, is the
home for many farm laborers. Historically, the majority of the county's Hispanic residents
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live in Watsonville. The population of the county increases tremendously as migrant farm
workers return for the agricultural season and the tourists, who utilize the county’s
beaches and other attractions such as the “Beach Boardwalk,” visit during the spring
through summer months.
6. Problem Statement
Santa Cruz County has agricultural commodities of more that $400 million annually and
ranks at No. 20 in production value for the State of California. Agriculture is the second
largest industry in Santa Cruz County. Strawberries and raspberries are the top
producing and most lucrative crops, accounting for a combined $295 million. Wineries are
also becoming an important industry in Santa Cruz County.
Santa Cruz County has recognized that agricultural crime is an escalating problem
requiring serious attention. Agricultural theft is a persistent problem in rural areas. The
theft of crops, tractors, equipment, flowers, etc. has led to an estimated annual loss of $30
million to California farmers, according to the Rural Police Project. From the theft of these
commodities to very expensive equipment used in the industry, there is no one area that
has not been the focus of attention by criminals. It is said that only one of 10 farm crimes
is reported, and the total annual losses are about $1 billion nationwide. Despite such
figures, little attention has been given to a problem that endangers an entire industry.
The recent statewide budget crisis had a major impact on local law enforcement. This
forced Santa Cruz County and other California counties to reduce normal Sheriffs Office
patrols in the rural areas. The local agriculture representatives have informed us that they
noticed the reduction in patrols increased the incidents of crime in rural areas.
Community meetings in the agricultural community made it clear that they are seeing
increases in theft of very specialized growing and harvesting equipment, expensive
chemicals used to control pests and weeds, farm vehicles, fuel and the crops they grow.
The Santa Cruz County Sheriffs Offce has lacked resources necessary to target the
agricultural crime throughout Santa Cruz County. A John Deere tractor and a Kubota
tractor valued at $30,000 were taken from a farm in Corralitos, fuel tanks were siphoned
from trucks and cars, $20,000 worth of bulbs were taken from Golden State Bulb Growers,
$8,000 worth of rare white orchids and thousands of dollars worth of crops. In
accumulated reports from the Sheriffs office and CHP, Santa Cruz County has
experienced in the last year stolen tractors and trailers valued at over $220,150.
These are some of the reported crimes. After meeting with the agricultural community
and the Santa Cruz County Farm Bureau, we believe that agricultural crimes are seriously
under reported compared with theft, vandalism, arson and so forth in Santa Cruz County.
Wthout that information, law enforcement personnel cannot be directed in a planned or
effective manner to apprehend the offenders.
In response to the needs of the agricultural community, in November of 2005, the
Sheriffs office, District Attorney and Agricultural Commissioner, joined the Agricultural
Crime Technology Information and Operations Network (ACTION) which is a federally
funded program that offers technological support to participating California jurisdictions to
improve the prevention, detection, arrest and prosecution of agriculturally related crimes.
This partnership also offers an integrated network of specialized agricultural crime law
enforcement units in and throughout the Central Valley and San Luis Obispo. The
Sheriffs Office also assigned a deputy on a part-time basis to patrol the farmland in the
Pajaro Valley and act as a rural crimes liaison with the community. As part of this
assignment, the deputy was required to attend courses to broaden his knowledge of rural
and agricultural crimes.
While not normally discussed in terms of agriculture, areas of Santa Cruz County
continue to be used to cultivate marijuana. While a large percentage of the commercially
grown marijuana takes place on both private and public lands within the rural areas of
Santa Cruz County, marijuana has been found on farms. In addition to the common
dangers of people unintentionally walking into a marijuana garden, this crop draws other
criminals attempting to steal the product, which can result in more crimes involving
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violence. The dangers associated with the improper use of pesticides, herbicides, and
other products continues to require a strong enforcement posture to fight this type of crime
and reduce the impact on the normal agricultural industry.
The agricultural community, because of its rural nature, is also being used to
produce methamphetamine in clandestine laboratories. Many of these illegal and
clandestine laboratory users have developed skills that keep the process and equipment
to a minimum. However, the production process is very dangerous and explosive. These
producers dispose of the caustic after-products by dumping them into the ground or
storing them in barns.
Although, we have various law enforcement agencies in Santa Cruz County that work with the
agricultural community, there has not been the ability to collect information about the scope and
impact of criminal activity against agriculture, which represents an unmet need. The Sheriis
Office plans to use the funding from this grant to have a rural crime deputy work with the
agricultural community, work with and collect statistical information from various area law
enforcement agencies and provide vertical prosecution of cases by a deputy District Attorney to
more effectively address the needs of the agricultural industry and take action against criminal
offenders.
2. PLAN
OBJECTIVE I: ENHANCE CRIME PREVENTION EFFORTS BY MAINTAINING
A COUNTY PROGRAM THAT STRENGTHENS LAW ENFORCEMENT
AGENCIES’ ABILITY IN RURAL AREAS TO MONITOR AND DETECT
AGRICULTURE-BASED CRIMES.
Santa Cruz County Sheriff Steve Robbins directed a series of meetings with members of
the Santa Cruz County agriculture industry to address continuing and escalating crime issues.
These meetings resulted in a proposed project for the Santa Cruz County Sheriffs Office to staff
and to equip an agriculture crime specific unit.
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. As part of this project, Santa Cruz County will staff one part-time deputy and assigned
deputy district attorney. The focus will be law enforcement efforts on agriculture specific crimes
and to work with the 12 other counties in Central California as partners in the growing strategy
to fight this crime on a regional as well as local basis.
The project deputy shall work with other units within the Sheriff's Investigations Division
or other agencies that may be investigating criminal activity against a victim or group of victims
or companies victimized by agricultural crime.
The efforts of the Ag Crime Section will be enhanced through a comprehensive effort by
the Sheriff's South County Service Center and crime analyst to identify and track patterns and
criminal offenders as they relate to crimes in Santa Cruz County .
The Investigation's Division Lieutenant and the unit supervisor shall ensure that other
detectives, units, and resources mutually support the project detectives in their enforcement
actions. The project deputy will work with the assigned deputy district attorney in the review of
search and arrest warrants and will actively participate in the preparation of cases for trial, with
the guidance of the deputy district attorney.
As part of their community outreach crime prevention duties, the deputy will work
to identify those companies that have not already joined the Owner Applied Number
(OAN) program and work with them to install this system of identification on all equipment.
The OAN program unites 47 California counties in a system of affixing a unique
identification number to that company (or individual) and attaches this number to all
equipment or larger portions of a multiple piece set of equipment, Le., stamping the
number of pieces of aluminum irrigation pipe, pumps, equipment trailers and other
implements used in the industry.
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Recognizing that a portion of Fiscal Year 2006-2007 has already gone
by, the following is a projection of agriculture related crimes this Ag Crime
Section will be expected to fill:
1 . Agricultural crimes to be investigated
PROJECTED
NUMBER
50+
OBJECTIVE 2: ESTABLISH A CENTRAL COAST RURAL CRIME TASK
FORCE.
The dedicated project deputy and deputy district attorney will work collectively to
establish a Central Coast Rural Crime Task Force. Such a task force will include Monterey,
San Benito, Santa Cruz, San Luis Obispo, and Santa Barbara Counties.
Establishing a central coast rural crime task force action is being approached on
multiple levels. These partners identified the need to work with other agencies in central
California and signed on as a member county of the Agricultural Crime Technology
Information & Operations Network (ACTION) Project. ACTION is a federally funded grant,
multiple-county crime task force networked to fight agriculture related crime on both a local
and regional basis.
The ACTION counties include San Luis Obispo, Santa Cruz, Santa Barbara, San
Benito, Kern, King, Tulare (host county and project manager), Fresno, Madera, Merced,
Monterey, Stanislaus, and San Joaquin.
Part of the membership involved in ACTION Project is the enhanced
communications and intelligence sharing. This allows:
1. The partnership with the ACTION Project
2. A cross jurisdictional assistance approach to crime
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3.
4.
5.
6.
7.
8.
9.
Labor sharing on larger projects involving crime prevention or applying the
OAN’s.
A central ACTION Project crime database and strategic mapping of crime
incidents.
Combined capabilities of the Ag Crime Section and ACTION Project crime
analysis functions.
Regularly scheduled round table information sharing
Public awareness including farmerhancher education
Law enforcement and prosecution training
Resource and education center
As this Ag Crime Section addresses crime prevention and works to identify and
address crimes and suspects in our county, again working with ACTION and neighboring
counties, the information will be shared with the partners. The Ag Community Crime Task
Force will gain the information directly from the Ag Crime Section and will be shared by
their individual project or agriculture topic representatives (Farm Bureau and other
agriculturalkattle associations) by direct contact or action.
The project deputy shall work with the ACTION PROJECT partners and will assist other
law enforcement agencies in or outside Santa Cruz County, with investigations involving victims
of crimes against agriculture. The intent is to capitalize on a multiple or regional strategy
approach to this type of crime. They will also assist those agencies in the preparation and
service of search warrants.
The ACTION PROJECT has committed to working with their Santa Cruz County
partners. ACTION will continue to act as the overall coordinator with the members and State of
California. Santa Cruz County’s Ag Crime Section members shall participate in the regularly
scheduled meeting to share criminal intelligence and gain from the shared knowledge of the
group.
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The assigned deputy shall also produce materials for Sheriff's Office deputies and other
agencies upon request or direction. Utilizing these materials and related information, the project
detective shall also make presentations to agricultural related groups in order to foster crime
prevention and open communications in gaining cooperation and information.
Particularly important to this project is the continuing work with the Ag Community Crime
Task Force. The project deputy and deputy district attorney shall meet with this group to keep
open communications between the industry and law enforcement. Identified goals for this open
communication process are:
1. To foster the flow of information from the industry regarding criminal
intelligence, information regarding suspicious actions, persons or vehicles;
To work with the industry to improve crime prevention with programs such as
the Owner Applied Number (OAN) system;
To work with the various and different agriculture groups to reduce the
vulnerability of the industry by improving fences and other barriers adjacent to
roadways, and locked gates, etc.;
To instill in the industry crime prevention strategies such as the delivery of
agricultural use chemicals when they are to be applied and not before;
2.
3.
4.
5. As it becomes available, apply modern technology to improve crime
prevention and loss measures; and
To allow the project staff to gain a better understanding of the needs and
resources available for the mutual support of law enforcement and the
industry.
6.
By addressing agricultural crime on a local and regional basis with allied law
enforcement agencies, it is hoped that such continued cooperation will result in increased inter-
agency investigations that could later lead to the prosecution of large-scale crimes and inter-
county trafficking of agriculture related equipment, supplies, or products.
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One of the primary functions of this grant proposal is to put in place a mechanism to
evaluate and establish a baseline of agriculture related crime in this county and on the partner
counties. Once established, the collective partners in the criminal justice system and in the
agricultural industry may address strategies to address the identified problems. The Ag Crimes
Section personnel will offer and participate in group settings in order to present crime prevention
information, exchange information that will enhance the knowledge base of law enforcement
personnel regarding practices and processes involved in agriculture as well as share law
enforcement gained information to improve the ability of agriculture partners to protect their
property, vehicles, equipment, products, and personnel. One goal of this process is to establish
relationships that will foster crime solving and gathering of information leading to the
identification of criminal offenders, recovery of stolen or embezzled equipment or other items of
value, arrests and the preparation of cases for prosecution.
During the remainder of the grant period/fiscal year, the project personnel will regularly
attend all scheduled meetings with the Ag Community Crime Task Force to exchange
information and gain mutual knowledge to improve the capabilities of this unit and work towards
the protection of the agriculture community.
The support of this unit will ultimately reduce the number of crimes against individuals,
property and other victims of this industry.
OBJECTIVE 3. CONDUCT FELONY AND MISDEMEANOR AGRICULTURAL
CRIME ARRESTS (COUNTY PROGRAM)
Recognizing that a portion of Fiscal Year 2006-2007 has already gone
by, the following is a projection of arrest related stab this new Ag Crime
Section wilt be expected to fulfill:
PROJECTED NUMBER
1. Estimated number of suspects arrestedkited for agricultural crimes 8
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2. Referrals to prosecution 8
Current efforts to investigate agriculture related crimes are initiated from citizen reports
filed with Sheriffs Office patrol deputies or reports telephoned in to the Sheriffs Office. These
reports are handled routinely by the initiating report deputy or by assignment to a deputy on a
case-by-case basis. Due to budget cuts and staffing reductions in the patrol force over the past
two years, the proactive patrols by deputies and assignment of cases to deputies have been
reduced. Except for the required Part I crimes, these reports are presently not sorted in a
systematic manner that would identify agriculture related cases.
As part of this effort, the Sheriffs Office intends to highlight agricultural crimes
separately on reports for collection and analysis. By highlighting this specific crime, the project
deputy can establish possible times and locations to target by general and specialized patrolling
techniques, surveillance by the project deputy and other Sheriffs units, personnel, or
specialized monitoring equipment.
By working closely with other Sheriffs units, the ACTION Project members, and the
adjoining Monterey and San Benito County Sheriffs Offices, the project deputy, besides
developing expertise in agriculture methods and practices, will develop an expertise in the
investigation of crimes against the industry. Cooperation with other allied law enforcement
agencies will also result in additional arrests and prosecutions of related offenses.
In order to improve the investigations capability of the Ag Crimes Section personnel they
will start with the training indicated below.
A. Required Advanced Peace Officer training to be determined depending upon the
level and type of previous training by individual dedicated deputy:
B. Specialized surveillance equipment offered by ACTION.
C. Rural Crime training by ACTION
D. The Owner Applied Number (OAN) system and how to apply it to equipment:
A-I 2
E. Specialized training for deputies and crime analyst in Sheriff's Records, CLETS, Mug
shots, case tracking, criminal intelligence information and sources by SCSO:
F. specialized training for deputies and crime analyst by select agriculture industry
partners on the procedures, processing, and sales of various products. Coordinated
by Shippers/Growers Association:
G. Vehicle identification processes and investigations. By SCSO and CHP
H. Livestock identification and Processes
I. Training and orientation for use in surveillance and undercover vehicles and
communications equipment owned by SCSO.
J. Orientation and reporting processes for ACTION.
K. Orientation and reporting requirements for the grant by SCSO Fiscal Unit
Additionally, the project deputy will regularly receive training in case law, search and
seizure issues, and other relevant law enforcement practices from materials distributed
by the Sheriffs Office as part of roll call training as well as other required peace officer
training scheduled by the Sheriffs Training Division.
OBJECTIVE 4: CRIME REPORTING AND ACCEPTANCE RATES
Recognizing that a portion of Fiscal Year 2086-2007 has already gone
by, the following is a projection of arrest related stab this new Ag Crime
Section will be expected to fulfill:
PROJECTED
NUMBER
1. Estimate the number of crimes involving agricultural chemicals 2
2. Estimate the number of crimes involving commodities 4
3. Estimate the number of crimes involving farm equipment 12
4. Estimate the number of crimes involving livestock 8
5. Estimate the number of crimes involving tractors 3
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6. Estimate the number of crimes involving vandalism 10
7. Estimate the number of crimes involving vehicles 6
8. I
9. 5
$200,000+
$50,000
Estimate the number of crimes involving loss due to arson
Estimate the number of crimes involving miscellaneous ag property
10. Estimate the total cost in “losses” sustained as a result of ag crimes
11. Estimate the total in “recoveries” as a result of ag crime efforts
For the record, guidelines for case assignment include but are not limited to:
1. Any property crime against a farmer, rancher, agricultural-related business or
other designated industry which takes place in the unincorporated rural areas
of the state, and impacts the victim’s commercial production, distribution, or
economic livelihood derived from agricultural products, livestock, petroleum,
chemicals, farm implements and equipment;.
Unlawful acts associated with the production of illegal substances on property
owned by an individual or company involved in the agricultural industry;
Criminal acts carried out in Santa Cruz County that lead to another county or
vice versa; and
Other acts or conduct that are unlawful but not specifically numerated here
that affect the production, care, storage, or transportation of agricultural
products, equipment, lands, real property, or persons involved in agricultural
pursuits at the time the illegal act is made against them.
2.
3.
4.
PROSECUTION OF AG CRIME SECTION CASES
The new Ag Crimes Section will work closely with the assigned deputy district attorney to
gain successful prosecutions.
Objective 5: Vertically Prosecute Offenders Committing Misdemeanor and Felony
Agricultural Crime Offenses
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The Ag Crime Section personnel will track the conviction rate of misdemeanors and felony
convictions in their assigned or initiated agriculture related cases.
PROJECTED NUMBER
1. Suspects referred for prosecution using true vertical prosecution 10
2. Estimating the number of defendants prosecuted using major stage prosecution 5
3. Estimating the number of defendants prosecuted using non-vertical methods of prosecution
5
The District Attorney’s Office handles all criminal cases investigated by the Sheriffs
Office at every stage of the proceedings, beginning with arraignment, continuing through bail
motion, pre-trial motions, trials and sentencing. The project deputy will notify the assigned
district attorney at the earliest possible opportunity if there is a need to consult on legal issues,
solicit suggestions for further avenues of investigation designed to strengthen a case, and for
the reviews and assistance in the preparation of search warrants and other legal documents
such as court orders for utility records, etc.
When the project deputy submits cases for the filing of criminal charges, the matters are
reviewed and approved by the assigned deputy district attorney. The District Attorney’s Office
tracks the progress and maintains records of every case from referral to disposition, both in
each case file and a central file which tracks all cases for law enforcement personnel. Law
enforcement personnel are notified of the progress of every case through the court process, and
will be personally consulted by the dedicated deputy district attorney concerning the disposition
of each case.
Both the law enforcement and prosecution components have forged a close working
relationship. Each component has an understanding of the function of the other and works
toward assisting each other in the effective performance of their respective tasks.
From our previous experience with the Marijuana Suppression Program, we believe this
project will lead to an effective law enforcement and prosecution team.
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Objective 6: Develop, Establish and Increase Agricultural Crime Defendant Conviction
Rates
Activities:
e Estimating the number of defendants prosecuted or adjudicated: 5
e Estimating the number of defendants convicted on any charge 5
Estimating the number of defendants not convicted on any charge5
Objective 7: Track and Report the Length of SentenceslCommitments for Agricultural
Crime Defendants
Recognizing that a portion of Fiscal Year 2006-2007 has already gone by, we
would like to use this grant period to collect data on these particular activities in
order to provide useful estimates.
Activities: PROJECTED NUMBER
Estimating the number of defendants convicted by trial;
Estimating the number of defendants convicted by plea;
1
1
Estimating the number of defendants sentenced to incarceration (e.g., jail, CRC,
prison, etc.); 1
Estimating the average sentence length (in days);
Estimating the number of defendants NOT sentenced to incarceration (e.g., diversion,
suspended sentence, dismissal of charges, changed to misdemeanor with probation,
etc.); 5
Estimating the number of defendants sentenced with a court-ordered requirement for
restitution; and 1
Estimating the total dollar amount of restitution ordered. $1 o,ooo+
Objective 8: Promote the Efforts and Accomplishments of the Rural Crime Prevention Program
This objective serves to support the legislative requirement for applicants to solicit media
and community support to promote the efforts of this program. Within the capacity of
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each project location, these efforts strengthen program successes. A concerted effort
must be undertaken to inform and solicit active support from community members,
agencies, and private organizations throughout each county. Therefore, satisfying the
intent of this objective will be instrumental in determining the effectiveness of these
promotional efforts.
To maximize the effectiveness of the CCRCP, promote the efforts and accomplishments
of the program, as measured by:
PROJECTED
NUMBER Activities:
Estimating the number of program presentations made to local groups, agencies, and
associations; 20
Estimating the number of community training sessions conducted for farmers,
ranchers, and interested industrial entities;
Estimating the number of publications developed to promote CCRCP efforts,
10
activities, and accomplishments. (pamphlets, newspaper articles, Farm Bureau website/pubtications and Sheriff's website) 5
Estimating the number of Public Service Announcements (PSAs) developed and
initiated for publidprivate broadcasting. 5
Although we will keep the option open, we do not anticipate that there will be the need
for the assigned deputy district attorney to join the project deputy in the field in this project. Both
law enforcement and prosecutors expect meetings with the deputy in the preparation of cases
for prosecution.
The working relationship between the assigned deputy district attorney and the
dedicated Sheriffs deputy will be focused on achieving maximum success. Unlike many law
A-I7
enforcement agencies, Sheriffs deputies do not stop working a case when it is filed. They are
responsible for assisting in preparing the case for trial and do so until it is completed.
The task force deputy district attorney or his managers have been meeting with the
ACTION group, the Sheriffs staff, and Agriculture Commissioner as needed. The ACTION task
force coordinator is a prosecutor for the Tulare County District Attorney. The district attorney
manager and the ACTION coordinator/prosecutor have collaborated on law issues for the Santa
Cruz County Ag Community Crime Task Force and associated members.
The Ag Crime Section will provide assistance to allied agencies regarding expertise as
needed to ensure successful case preparation and prosecution.
The assigned deputy district attorney, responsible for prosecuting project cases, will
attend training sessions offered by the Santa Cruz County District Attorney’s Office to improve
her/his general legal skills. The assigned deputy district attorney will also receive publications
from the California District Attorney’s Association, which provides updates on new legal
decisions.
IMPLEMENTATION
Organizational Description
Santa Cruz County Sheriffs Office has a total of 330 employees, of which 162 are sworn
personnel. The project that would be funded by this proposal would be administered through
the Sheriffs Office Operations Bureau.
The Sheriff is the project director. The Sheriff is responsible for the operation of the
Sheriffs Office, which, among other responsibilities, provides law enforcement and patrol
coverage to over 445 square miles of unincorporated areas in Santa Cruz County. These duties
may include the provision of law enforcement services within the four incorporated cities in the
county by invitation or as part of the criminal investigation process.
The project‘s deputy will assist in the formation of a new ”Agricultural (AS) Crime
Section” administered through the Operations Bureau’s Investigations Division. The Lieutenant
of the Investigations Division provides administrative supervision of the project staff personnel
A-I8
and operational direction for the unit. The Lieutenant reports to the Chief Deputy of the
Operations Bureau. The assigned Deputy Sergeant is the immediate supervisor of the deputy
position in the Ag Crime Section. The Deputy Sergeant is responsible for the day-to-day
activities of the section and for assisting in coordinating investigations with other units within the
Sheriff’s Office. The project staff consists of one deputy position and will be 4% grant funded.
The Ag Crimes Section deputy will work with all available sources of information to
investigate crimes and prepare cases for prosecution by the District Attorney’s Office (DA). Staff
will be using a broad range of law enforcement options that include but are not limited to
surveillance, use of citizen and criminal informants, interviews and interrogation, crime
laboratory processes, and multiple agency enforcement actions to prepare cases. The project
is operationally located at the Sheriffs Office where the deputy has access to necessary records,
equipment and personnel.
The Ag Community Crime Task Force is composed of agriculture industry leaders that
asked the Sheriff for assistance to eliminate the high frequency of crimes against agriculture.
They voluntarily meet with representatives from the Sheriff’s Office in this process of working on
mutually related crime problems and on short and long term solutions. The project team and
citizen members of the Ag Community Crime Task force are joined as necessary by the
ACTION Project Task force, District Attorney, Agriculture Commissioner, other specialized or
necessary public agency representatives, members of the Board of Supervisors and other levels
of government to address issues effecting this group as needed or available.
As this project is developing, so is the Ag Community Crime Task Force. The project
deputy will be the regular member to this law enforcemenWcitizen task force. The crime analyst
may attend task force meetings as necessary.
While information sharing regarding agricultural related crimes is one prevention
technique, the Ag Crime Section may also call upon the Sheriffs Ofice other law enforcement
units and the ACTION Project Task force for additional support in the efforf to prevent crime.
A-I 9
The District Attorney will provide an assigned deputy district attorney who will work
closely with the project personnel. A supervising Attorney in the District Attorney’s Office will
supervise the day-to-day activity of the assigned deputy district attorney. Nothing in this
agreement is intended to limit or restrict the respective task force partners from performing their
independent Constitutional, legal, or normal duties.
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Budget Narrative
The budget for the first year of the Santa Cruz County District Attorney’s Office Central Coast
Rural Crime Prevention Program will pay for one .44 full-time deputy and one
part-time assigned deputy district attorney. The assigned personnel will work
on agricultural crime related cases, as resources are budgeted.
The .44 deputy sheriff assigned to the program will be an experienced investigator and will
perform the following duties:
Conduct complex investigative work related to project related cases, secure and
preserve evidence, coordinate cases with the dedicated deputy district attorney and
other government offices,
Gather, assemble, preserve, and report facts in evidence,
Interview witnesses of crimes to ascertain the facts and interrogate suspects involved
in or suspected of being involved in criminal activities,
Work with the dedicated deputy district attorney to coordinate witnesses and evidence
for trials,
Assist the dedicated deputy district attorney in the preparation of cases, and
Appear in court for hearings and trials.
The project deputy will also work with other crime units within that division in the
investigation of agriculture related crimes, i.e., marijuana being grown or clandestine
laboratories being operated on agricultural lands, assaults or homicides conducted in relation to
the industry or on such lands or structures. Other deputies and patrol deputies will also assist
this section when the need arises.
The assigned deputy district attorney will be familiar with the unincorporated area of
Santa Cruz County in particular the South County region which is heavily agricultural. This
assigned deputy district attorney will work closely with the Sheriffs Office, South County law
enforcement personnel and agricultural representatives to ensure familiarity with agricultural
related issues. The project deputy district attorney will be readily available to the deputy to
provide any and all legal support necessary. The assigned deputy district attorney is expected
A-2 1
to work closely with project personnel to develop investigative and prosecutorial strategies in
order to achieve maximum results in cases. The assigned deputy district attorney will have
access to and be expected to consult on legal issues with senior attorneys in the District
Attorney’s Office or with other prosecutors throughout the state who specialize in Agricultural
Crime prosecution.
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BUDGET CATEGORY AND LINE ITEM DETAIL
A. Personal Services - Salaries/Employee Benefits I DISTRICT ATTORNEY
.I I FTE Assistant District Attorney
Annual Salary Annual PERS Retirment @I 1.04% of salary Annual OASDI @ 7.65% of salary Annual Employee Insurance (medical, dental & vision) Annual Workers' Comp and Unemployment Insurance (2,080 hrs x $2.05/hr.)
SHERIFF'S OFFICE
.44 FTE Deputy Sheirff
Annual Salary (873.60 hours) Annual PERS Retirment
COST
$13,19 $1,451 $1 ,OO! $1,36'
$47'
$30,28. $7,33 $2,31' $2,56.
$60.001
OES 303b
(Revised 07/06)
PROJECT SERVICE AREA INFORMATION
1.
2.
3.
4.
5.
COUNTY OR COUNTIES SERVED: Enter the name@) of the county or counties served by the project. Put an asterisk where the project’s principal office is located.
County of Santa Crut
U.S. CONGRESSIONAL DISTRICT(S): Enter the number@) of the U.S. Congressional District(s), which the project serves. Put an asterisk for the district where the project’s principal office is located.
Congressional District 17 and 14
STATE ASSEMBLY DISTRICT(S1: Enter the number@) of the State Assembly District(s), which the project serves. Put an asterisk for the district where the project’s principal office is located.
State Assembly Districts 27 and 28
STATE SENATE DISTRICT(S): Enter the number(s) of the State Senate District@) that the project serves. Put an asterisk for the district where the project’s principal office is located.
State Senate District 1 I and 15
POPULATION OF SERVICE AREA: Enter the total population of the area served by the project.
255,602
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PROJECT SUMMARY I 1. GRANT AWARD NO. 13. GRANT PERIOD
Central Coast Rural Crime Prevention 7/1/07 to 6/30/07 1 I 2. PROJECT TITLE Program -
4. APPLICANT 5. GRANT AMOUNT Santa Cruz County District Attorney’s
Name: Office Phone: 831 454-2400
Address: 701 Ocean St, Rm 340 Fax #:
City: Santa Cruz, CA Zip: 95060
(this is the same amount as 10G of the Grant Award Face Sheet)
$ 60,000
6. IMPLEMENTING AGENCY
Name: Santa Cruz District Attorney’s Office Phone: 831454-2400 Fax #: Address: 701 Ocean St, Rm 200 City: Santa Cruz Zip: 95060
7. PROGRAM DESCRIPTION The proposed project is for the Santa Cruz County DA’s Office, in cooperation with the Sheriffs Office, tc staff and to equip an agriculture crime specific unit. The Sheriff will assign a deputy position to figh agriculture related crimes. The project deputy is responsible for the criminal investigation processes; source documentation, and evidence gathering; community presentations; and the normal and direct liaison with lav enforcement agencies and resources. An assigned deputy district attorney will prosecute cases. The Sheriff, District Attorney, and Agriculture Commissioner have made agriculture crime a priority and have collectively joined the Central Valley’s ACTION crime task force in this effort to address agricultural I . ,....-- 8. PROBLEM STATEMENT Agriculture is the second largest industry in Santa Cruz County, earning $400 million dollars a year. Most 01 these activities are centered in South Santa Cruz County. The fact that Santa Cruz County’s agricultural industry is so productive has made it the target of criminal action as well. From the theft of commodities to the very expensive equipment used by the industry, there is no one area that has not been the focus of attention by criminals to profit at the expense of others. The budget crisis that has crossed the State of California had a major impact on local law enforcement. This has forced Santa Cruz County and other counties to reduce normal Sheriffs Office patrols in the rural areas. Agriculture has felt this reduction in patrols with higher incidents of crime and the corresponding reduction of Sheriffs related services.
9. OBJECTIVES The objectives of the programs are to enhance crime prevention efforts by maintaining a county program that strengthens law enforcement agencies’ ability in rural areas to monitor and detect agriculture-based crimes, to conduct felony and misdemeanor agricultural crime arrests, and to ather the information from the Sheriffs Office and allied law enforcement agencies and enter it ACTION& centralized database for the collection and maintenance of data on agricultural crimes.
Project Summary - OES 227 (Revised 1M12007)
// I O . ACTIVITIES
Conduct agricultural crimes investigations 0 Coordinate investigations and crime prevention programs among allied agencies
Gather, analyze, and retain centralized statistical information regarding agriculture related crimes, criminal offenders, cases addressed, other relevant information including prosecution of cases
1 I. EVALUATION (if applicable) 12. NUMBER OF CLIENTS
The project staff will evaluate the success of the project through a quantitative analysis of agricultural crimes related statistics from all cooperating agencies from past years to the present and the comparison of the projected numbers specified in the objectives and actual results.
(these are the same amounts as on Personal Operating
(if applicable)
13. PROJECT BUDGET
Budget Pages) Services Expenses Equipment TOTAL
Totals: $60,000
Project Summary - OES 227 (Revised 1/2/2007)
ORGANIZATIONAL CHART
Chief Assistant District Attorney
District Attorney
-._ -. - . -.
-1 Operations Chief Deputy
Operations Division
AG CRlME SECTION -. ..
-SAN BENITO SHERIFF'S OFFICE
SHERIFF'S OFFICE -MONTEREY
-WATSONVI LLE, P . D . -CALI FORNlA H I G H WAY PATROL AND OTHER ALLIED LAW ENFORCEMENT AG ENC I ES
5 I
Assistant Agricultural . Commissioner
Chief Deputy Agricultural
Commissioner
/ * ACTION PROJECT
*
TASK FORCE
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ACTION Agricultural Crime Technology, Information and Operations Network
MEMORANDUM OF UNDERSTANDING Southern San Joaquin Regional
Agricultural Crime Prevention Project Team
Pnrticiparr ts in dude:
Tulare County District Attorney's Office Tulare County Sheriffs Department Tu la re County Agricultura I Commissioner
Kern County District Attorney's Office Kern County Sheriff's Department Kern County Agricultural Commissioner
Madera County District Attorney's Office Madera County Sheriff's Department Madera County Agricultural Commissioner
Monterey County District Attorney's Office hlonterey County Sheriff's Department Monterey County Ag ricu I tu ral Com m issione r
Stanislaus County District Attorney's Office Stanislaus County Sheriff's Department Stanislaus County Agricultural Commissioner
Fresno County District Attorney's Office Fresno County Sheriffs Department Fresno County Agricultural Commissioner
Kings County District Attorney's Office Kings County Sheriff's Office Kings County Agricultural Commissioner
Merced County District Attorney's Office Merced County Sheriff's Department Merced County Agricultural Commissioner
San Joaquin County District Attorney's Office San Joaquin County Sheriff's Department San Joaquin County Agricultural Commissioner
San Luis Obispo County District Attorney's Office San Luis Obispo County Sheriff's Department San Luis Obispo County Agricultural Commissioner
e TABLE OF CONTENTS
.......................................... ......................................................................................... Page 3 ....................... .......................... Page 3 MISSION STATEMENT ....................................
Article 1: Overview .................. ... Page 3 Article 2: Mission Statemelit .... .......................................................... Page 4 Article 3: Project, Investigative Unit Titles ........................................ Page 4 Article 4: .......................................................... Page 5 Article 5: Foniialion and objectives of the ACTZON ................ ... .. Page 6
Article 6:
Article 8: Article 9:
Article 11:
..............................
0 r gan izati on .............
Project hilvestigative Team Objectives of the ACTION Tech Unit .............................................. Page 7
Article 7: Teimination of Participation .............................. ........................... Page 8 Tern of Ope rat ioidAgreen7 en t ............................................... Aiiendment of Joint Operating Agreement ................
Article 10: Adiiiinistrative Responsibilities ...... ........................................ Page 8 Location ............................................................................................ Page 9
PART I1 .................................................. OPERATIONAL STANDARD
...................................................................................... Page 9 TRUCTURE AND PERSONNEL ............................ Page 9
Article 12: Operating Standards .......................... .......................................... Page 9 Article 13: Crime Prevention .............................................................................. Page 9
Structure ........................................................................................... Page 9 Article 14: Article 15: Supervision ..................................................................................... Page 10 Article 16: Prosecutonal Support .................. ........................................... Page 10 Article 17: Case Piioritizatioil ....................... ........................................... Page 1 1 A-ticle 1 S: Training .......................................................................................... Page I I
. .
........................................................................................................................................... PART III Page 12 ACTION PROJECT EQUIPMENT .................................................................................. Page 12
Use of ACTION Project Sunieillance Equipment .......................... Page 12 Article 19:
........................................ PART IV .............................. ................................................ Page 13
........................................ Page 13
Article 23: Liability Issues ..................... .................................................... Page 15 Worker's Conipeiisation ................................................................. Page 15
Article 26: Case Reporting ................. ................................................. Page 15
Article 25: hlulti-Agency Concerns ............................ ...................... Page 17
ADRIINISTRATTVE GUIDELINES ............. ................................................................ Page 13 Article 20: Policy .................................... .................................................. ge 13 Article 21 : Article 23: Release of Infonilation ................................ ..................... Page 14
Article 24: Article 25: ............................... Page 15
A~ticle 27: Adniiiiistrati~e Repolting . ......................................... Page 16
g Stick for Success .....
Internal Document and Evidence Security ..
PART V ..................... .............................. Page 19 FISCAL GUIDELINES .................... ......................... ......................................... Page 19
.................................... ............... Page I9 Article 29: Article 30: Program Operating Fund ............................................................
P.4 RT \TI .......................................................................................................................................... Page 31 S I C N ~ ~ T U R E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 71
PART I MISSION STATEMENT
Article 1: Overview
An agrarian tradition is vital to the health of our state and nation. Agricultural crime in California, as it is in the rest of the United States, has a significant impact beyond that of just the victim. Agricultural production not only feeds the nation, but serves as an economic bulwark against increasingly aggressive foreign competition. Agriculture is absolutely critical to California’s future in the Pacific Rim. According to the Rural Police Project - Department of Criminal Justice, Illinois State University, California farmers lose $30 million per year in theft. Despite such figures, little attention has been given to a problem that, if left unchecked, endangers an entire industry vital to the world. The ACTION Project is a regional effort designed to address the proliferation of agriculture related crime that currently is either undetected, unenforced, or unreported to law enforcement.
With the passage of Assembly Bill (AB) 157, Penal Code Section 141 70 et seq., the Rural Crime Prevention Demonstration Program has moved out of the “demonstration” phase and into an implementation stage. The Bill has provided the knowledge, technology and personnel needed to aggressively confront agricultural crime in eight California counties. In addition to the state initiative, various law enforcement agencies in Tulare, Kings, Kern and Fresno counties have formed a consortium to facilitate the investigation and prosecution of agricultural crimes within the Southern San Joaquin Valley region. The focus of the Project Team is to improve the technology and methods used to combat agricultural crime. The ACTION Project combines the effort made possible with the passage of AB 157 with a regional vision of “high tech” coordination, cooperation and communication.
The Rural Crime Prevention Demonstration Project has shown that agricultural crimes are not just a local occurrence but often extend nationally and internationally. Stolen goods, whether it is tractors, agricultural chemicals or commodities can easily traverse great distances in a matter of hours. Apprehension, recovery and conviction often depend upon rapid identification and retrieval of information as well as specialized expertise. Identification and crime information in one locality often is not available in another. The solution lays in a regional approach and vision that minimizes multi- jurisdictional difficulties. It is not the intent of the ACTION Project to take over the investigation of the agricultural crime units from local jurisdictions, rather, it is to augment and assist in their investigations by providing high technology equipment, communication, imaging, presentation and information systems.
This program is supported by the California Agricultural Technology Institute, California State University Fresno, AgTAC - Edison International, United States Department of Justice - Bureau of Justice Assistance, U.S. Department of Agriculture, CLAMP Program, operating out of Los Angeles and the Los Angeles Region of the U.S. Customs Service.
Article 2: Mission Statement
Our mission is to prevent agricultural crime through coordination, cooperation, communication and collaboration of law enforcement agencies, industry and educational institutions. In furtherance of our mission, it is our intention to:
2.1, Coordinate law enforcement activities by utilizing investigative team members to effectively deal with the growing number of agricultural crimes;
2.2, Pool resources, share high technology equipment and expertise to assist in providing cost-effective law enforcement;
2.3, Increase the usage of state of the art technology in order to meet and anticipate identified regional needs;
2.4, Provide a state of the art agricultural crime computer information network to all member law enforcement agencies within the region;
2.5, Assess and facilitate training needs within the region and promote prevention through a public education campaign;
2.6, Decrease the potential for economic loss and danger to public safety by increasing the probability of apprehension and successful prosecution.
Article 3: Def i nitio ns
3.1, “ACTION Project” shall be the program name which stands for Agricultural Crime Technology, Information Operation Network Project.
3.2, “ACTION Project Investigative Team” shall be any group or team of individuals assembled together to conduct an ACTION Project assignment approved by the Project Director. Assignments include, but are not limited to, surveillance, investigations, arrests, education and prosecution.
3.3, “ACTION Center” shall be the designated headquarters for the ACTION Project, and shall house the ACTION Tech Unit, which includes the high tech equipment and tech vehicles. The ACTION Center staff will be comprised of employees paid for by the ACTION Grant and managed by the Program Director.
3.4 “Project Director” shall be the final authority of the ACTION Project. The Project Director will provide overall supervision and review, and will direct policy and procedure of the Project.
- 3.5, ”Regional Coordinator” shall provide administrative support for the Project
by compiling statistics, preparing reports, maintaining communication and serving as the day to day administrative liaison to the project. These duties will also include the scheduling and planning of meetings, trainings and the production and publication of training materials, newsletters, pamphlets and other informational brochures. The Regional Coordinator will prepare the foundation for the integration of additional
, agricultural producing counties within the State of California.
3.6, “Operations Officer” shall be responsible for the internal accounting of all ACTION Tech Unit activities and may establish whatever controls and procedures deemed necessary to carry out these duties. The Operations Officer shall forward to the Tulare County District Attorney’s Office all records, receipts and documents required by the Grant. An external audit of the program shall be conducted in accordance with the terms of the grants received and general accounting principals.
3.7 ”Special Operations Officer” shall be appointed by the Member Agency of the county where the special operation is taking place.
3.8 “Tech Unit” shall consist of two (2) individuals and operate under the supervision of the Project Director and a Sheriffs Lieutenant. The Tech Unit will have duties as set forth in Article 6.
Article 4: Orqanization
Persons and agencies will be classified as follows:
4.1, “Member Agencies” are those public or private agencies, law enforcement or educational agencies who are signatories to this Memorandum of Understanding (MOU), and have not terminated their participation.
4.2. “Membership Counties” are the County agencies that are member agencies involved with the Project.
4.3, “Investigative Team Member” shall be any public person or agency, law enforcement individual or educational agency representative who is assigned by a Member Agency or the Project Director and who is engaged in an ACTION Project assignment approved by the Project Director.
4.4, An “Affiliated Agency” shall be a public agency, law enforcement agency or educational agency that, although not a ”Member Agency,” has been temporarily assigned to participate in the ACTION Project. Such “Affiliated Agency” will be approved by the Project Director.
?
wwb 4.5, A “Parent Agency” is the agency who hires and pays the personnel expenses for the Agricultural Crime Unit officers.
4.6, “Advisors” are those public or private individuals who are appointed by the Project Director to advise on issues pertaining to the ACTION Project. Advisors will not hold voting privileges.
4.7, An “investigative position” must be filled by a “Law Enforcement Officer” within the meaning of Penal Code Section 872(b).
4.8, “Law Enforcement Agency” is any public agency that enforces the laws of the State of California or the laws of the United States of America.
Article 5: Formation and objectives of the ACTION Proiect lnvestiqative Team
The ACTION Project Investigative Team will:
5.1, Identify, analyze, investigate, arrest and assist in the prosecution of perpetrators who commit various forms of agricultural related crimes.
5.2, Target those entities suspected of being currently engaged in organized criminal activity, or who demonstrate a propensity to do so ( i .e~, persons involved in gangs, organized crime and the distribution of stolen goods).
5.3, Gather and analyze information to determine the key perpetrators responsible for committing agricultural crimes or series of crimes both within and outside of the region.
5.4, Maintain communications with the Member and Affiliated Agencies to realize maximum effective use of the ACTION Project resources and minimize the chances of damaging or dangerous interference with any other program.
5.5, Coordinate efforts with allied agencies who request the assistance of ACTION Project Investigative Team, and/or are working toward similar targets or goals.
5.6, Provide training for the investigation of agricultural crimes.
5.7, Assist the agricultural industry with loss prevention information.
5.8, Increase understanding of the dynamics of agricultural crime, including
5.8(a), An identification of factors which increase the vulnerability of agricultural operations to planned and opportunistic victimization by criminal enterprises and other individuals.
.
5.8(b), The development of innovative and more effective responses to the problem of agricultural crime based on investigative experiences during the initial grant period.
5.8(c), The testing of any newly developed responses to the problem of agricultural crime that are fiscally possible during the initial grant period.
5.8(d), The creation and expansion of an organizational, informational, and technical infrastructure that improves law enforcement's ability to detect, investigate, and prevent agricultural crime, and that will serve as a model for other agencies to follow.
5.9, Develop an integrated agricultural crime database that contains all agricultural related crime information that occurs within the region for the purpose of establishing baseline crime information and the ability for the ACTION Project and the ~
membership counties to analyze the agricultural crime that occurs within their county and throughout the region.
Article 6: Objectives of the ACTION Tech Unit
The ACTION Tech Unit will:
6.1, Monitor and maintain all equipment purchased by grant funds that is not distributed and retained by member agencies, including but not limited to maintaining records for sign-out of equipment and scheduling of equipment use.
6.2, Maintain, operate and set-up high tech surveillance equipment in the field to assist member rural crime law enforcement agencies in the identification, investigation, and apprehension of perpetrators who commit various forms of agricultural related crimes.
6.3, Gather and analyze information to identify trends, project potential trouble spots, and assist in determining the key perpetrators responsible for committing agricultural crimes or series of crimes both within and outside of the region.
6.4, Maintain communications with the Member and Affiliated Agencies to realize maximum effective use of the ACTION Project resources and minimize the chances of damaging or dangerous interference with any other program.
6.5, Coordinate efforts with allied agencies who request the assistance of ACTION Project Investigative Team, andlor are working toward similar targets or goals.
6.6, Provide training in the usage of high technology equipment for the investigation of agricultural crimes.
Article 7: Termination of Participation
Once the Memorandum of Understanding and any other necessary agreements are signed by the head of a Law Enforcement Agency, and that Agency has been accepted by the Project Director, its status in the ACTION Project and as a Member Agency shall continue until termination becomes effective. Termination shall become effective 60-days following the giving of written notice of termination of participation by the Member Agency to the Project Director, or by the Project Director to the Member Agency. This 60-day period will provide for the timely transfer of assignment and selection of replacement personnel. If a Member Agency does not abide by the Articles in this Memorandum of Understanding, it may also be suspended by the Project Director for up to a year at a time.
Article 8: Term of OperationlAqreement
Federal funding for the Program expires on March 31, 2006, with an option for a legislative extension. The Program will dissolve on that date unless the United States Congress, or local county government, acts to continue the funding or the Member Agencies subsequently agree to continue participation by providing funding for the prog ra m .
Article 9: Amendment of Memorandum of Understandinq
The Memorandum of Understanding, subject to the approval of the respective Member Agencies may be amended. All Member Agencies will be notified immediately of any proposed changes to the Memorandum of Understanding and will have a minimum of 30 days to respond.
Article 10: Administrative Responsibilities
The Project Director shall be responsible for the administrative duties of the ACTION Project, ACTION Center and ACTION Project Investigative Team involving expenditures, revenue, budgeting, and the submission of reports, billings and other required documentation. The ACTION Project Director shall be appointed by the Tulare County District Attorney, The ACTION Operations Officer may develop procedures and delegate duties as necessary in furtherance of the ACTION Tech Unit. The Tulare County Sheriff shall appoint the Operations Officer.
Article 11: Location
The ACTION Center is located at the Heritage Complex in the city of Tulare. The official mailing address of the ACTION Project is 4500 S. Laspina St., Suite 226, Tulare, CA 93274.
PART II OPERATIONAL STANDARDS, STRUCTURE AND PERSONNEL
Article 12: Operating Standards
All matters governing operating standards and procedures will be accomplished within the United States, and State of California, Constitutional guidelines, insuring the rights of citizens, and considering the duty of law enforcement to deter crime and detect, arrest, and prosecute individuals engaged in illicit activity.
Article 13: Crime Prevention
The ACTION Project and Center will coordinate a high technology agricultural crime prevention program, utilizing private sector support, community groups, and the media, to inform and educate the citizens and business communities within the jurisdiction of the Member Agencies, on developments in agricultural crime. The intent of this program will be to enhance public awareness and encourage community participation to deter agricultural crime and agriculturally related crimes.
Article 14: Structure
14.1 AgriculturaliRural Crime Units
It is anticipated that ACTION Project Investigative Team will be comprised of members from Agricultural Crime Units of the Member Agencies. When such members of Agricultural Crime Units are engaged in ACTION Project Investigative Team assignments, the Memorandum of Understanding will be binding.
14.2 Prosecutors
A Deputy District Attorney from each of the counties, as designated by the respective District Attorney's Office, shall be assigned, as needed, to participate in ACTION Project Investigative Team prosecutions.
14.3 Agricultural Commissioner Staff
At the direction of the Agricultural Commissioner of each of the counties, appropriate Agricultural Commissioner staff will be assigned to participate in the ACTION Project Investigative Team based on the type of cases and case load require me nts .
Article 15: Supervision
15.1 Project Director
The Project Director shall be an overall supervisor equivalent to the rank of senior level supervisor for the Member Agencies. The Project Director shall be appointed by the Tulare County District Attorney.
15.2 Regional Coordinator
The Regional Coordinator will oversee the daily administrative responsibilities of the ACTION Project and is the equivalent to the rank of Captain. The Regional Coordinator is supervised by the Project Director.
15.3 Operations Officer
The ACTION Tech Unit staff will be supervised by the Operations Officer who shall be equivalent to the rank of Sergeant for each of the participating agencies. The Operations Officer shall be appointed by the Tulare County Sheriff.
15.4 Special Operations Supervisors
Special Operations supervisors will hold ranks equivalent to that of supervisory ranks for participating agencies. The Special Operations Supervisor shall be appointed by the Member Agency of the county where the special operation is taking place. In the event an operation involves multiple county locations, the Project Director shall designate an overall Special Operations Supervisor.
Article 16: Prosecutorial Support
At the inception of ACTION Project Investigative Team, a deputy district attorney from each county will be designated to advise, assist, and coordinate prosecutorial activity. These deputies will have primary responsibility for case tracking and legal support. Vertical prosecution is the expected procedure. During subsequent years of
operation, prosecutorial participation will be evaluated and modified, if appropriate, based on workload and budget considerations.
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Article 17: Case Prioritization
It shall be the policy of the ACTION Center Tech Unit to respond to requests for case development assistance from the Member Agencies, within the jurisdictions of the ACTION Project Investigative Team. Assistance may be limited by the availability of personnel and by existing caseloads.
Article 18: Traininq
18.1, Minimum Qualifications
The ACTION Project will establish minimum qualification standards for Investigative Team Members when engaged in the use of the ACTION Project Investigative Team equipment. The ACTION Project Investigative Team Members must receive a basic training course that will teach them how to conduct basic high tech agricultural crime investigations, assist in forensic examinations and assist in more complex investigations. The basic training course must be completed prior to participating in an ACTION Project assignment, except on approval of the Project Director,
18.2, Intermediate Training
ACTION Project will develop an intermediate level training program so that all investigative team participants will be fully equipped and additionally certified to conduct a wider degree of investigations, execute search warrants, and conduct crime scene Investigations which incorporate the use of high-tech surveillance equipment.
18.3, Attend ACTION Project Training
Rural Crime Unit officers will regularly attend specialized training provided by the ACTION Project and ACTION Center in high tech investigations and computer skills to establish and maintain expertise in these fields so that the highest degree of technical assistance can be provided.
18.4, Provide Outside Training
Resources permitting, the ACTION Project, ACTION Center, and ACTION Project Investigative Team will provide ongoing training to local agencies in high tech crime investigations in order to establish and maintain a base of knowledge among local agencies in this field.
PART 1 1 1
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ACTION PROJECT EQUIPMENT _^_I
Article 19: Use of ACTION Project Surveillance Equipment
Members 'Agencies who have received required training are entitled to use the high-tech surveillance equipment, surveillance platform and surveillance vehicles maintained by the ACTION Tech Unit.
19.1, Scheduling
Use of equipment will be reserved through a check out and scheduling protocol established and administered by the ACTION Center Tech Unit. No equipment shall be utilized unless approved by the Operations Officer using established protocol.
19.2, Equipment Set-Up
Set-up of surveillance equipment, surveillance platform and vehicle shall be handled by the ACTION Tech Unit unless Member Agency has been certified and trained for appropriate and safe usage by Operations Officer,
19.3, Damage to Equipment
Other than normal wear and tear, any ACTION Project Investigative Team Member Agency using ACTION Project surveillance equipment, surveillance platform or surveillance vehicle is responsible for any damage due to improper installation, negligent handling, careless transportation or intentional misuse and will be billed for repair or replacement of equipment.
19.4, Development and Use of an Integrated Agricultural Crime Database
The ACTION Project will develop a database system to be used by all membership counties. The purpose of the integrated agricultural crime database will be to gather and analyze agricultural crime information from the membership counties to establish baseline information throughout the region and for crime analysis purposes to more efficiently resolve agricultural related crimes throughout the region. Each membership county's AgriculturallRural Crime Unit and Prosecutor will be required to input their agricultural crime reports/cases for their county into the integrated agricultural crime database.
PART IV
ADMINISTRATIVE GUIDELINES
Article 20: Policy
All Investigative Team Members will be expected to conform to their parent agency’s policies, procedures and tactical guidelines, as well as any additional policies and procedures set forth by the ACTION Project.
Article 21 : Measuring Stick for Success
The measuring stick for success is not the number of investigations or prosecutions conducted by ACTION Project Investigative Team, but the deterrent effect it has on the criminal infrastructure. The aim of this strategy is to move law enforcement toward a cohesive plan of systematically attacking agricultural crime. This Project should emphasize quality over quantity and focus on disabling the infrastructure which makes agricultural crime profitable. Although measuring that deterrence with precision is difficult, indicators may include:
21 .I, Decline in Property Loss
Substantial decrease in the total dollar value of property loss associated with agricultural crime.
21.2, Large Scale Recovery of Property
Recovery of commodities, equipment, agricultural chemicals and animals stolen.
21.3, Incarceration of Multiple Defendants
The conviction and incarceration of multiple defendants, particularly the ringleaders, with one or more defendants sentenced to appropriate state prison terms.
21.4, Decrease in Targeted Crimes
A substantial decrease in the incidence of the targeted crimes within the region
21.5, Potential Economic Loss Prevented
Quantifiable losses prevented or recovered as a result of investigative team efforts such as the reduction of total insurance claims and the reduction of insurance premiums.
Article 22: Release of Information
Criminal investigations are sensitive. Protecting the sources of information and managing information about areas of criminal activity is absolutely essential. All investigative files shall be exempt from disclosure to the extent allowed by law. Dissemination of other information and non-investigative reports will be done on a “need to know/right to know” basis in compliance with existing state and federal laws. With all of this in mind, it shall be the policy of ACTION Project to provide maximum disclosure of information to the public with the minimum of delay. Questions about the appropriateness of releasing case information will be referred to the Project Director or his designee, who will coordinate the dissemination of information.
22.1, Periodic Reports to Public Agencies:
The ACTION Center will produce and distribute a Monthly report to both Member and Affiliated Agencies to apprise them of recent investigations and crime trends.
22.2, Summary Reports to Advisors:
The ACTION Project will produce and distribute periodic reports to the Members Agency to apprise them of completed investigations and crime trends in coordination with reporting requirements of the Rural Crime Prevention Program administered by the Governor’s Office of Criminal Justice Planning.
22.3, Media Relations:
The ACTION Project will cooperate with the news media to assist them in obtaining information on matters of public interest. However, certain information must remain confidential in order to protect the Constitutional rights of the accused, to avoid interfering with an ongoing ACTION Project Investigative Team investigation, or because it is legally privileged.
The Project Director, or designee, is responsible for the dissemination or coordination of press releases relating to ACTION Project or ACTION Project Investigative Team matters. All Member Agencies will be notified, time permitting, prior to any media releases. Notifications will be made in all cases prior to any formal press briefing. All ACTION Project Investigative Team press releases will be joint, with equal opportunity for participation by all involved agencies. It shall be against the policy of ACTION Project to release any information to any particular news media outlet on an exclusive basis. “Exclusive basis” means agreeing not to disclose the information to any other reporter.
Article 23: Liability Issues
Each Parent Agency shall be solely liable for any and all damages, including attorneys’ fees, resulting from the acts or omissions of its own employees, including those employees of, or assigned to the ACTION Project Investigative Team, and shall indemnify and hold harmless each other Member Agency for said acts and omissions. No Parent Agency shall be deemed to have assumed any liability for the condition of any property used by another Parent Agency or any of its officers, employees or agents during any activities related to this Memorandum of Understanding. Each Parent Agency shall indemnify and hold harmless each other Member Agency for the said condition of any property used by its officers, employees or agents during any activities related to this Memorandum of Understanding.
Article 24: Worker’s Compensation
Each Parent Agency shall be responsible for the continued provision of worker’s compensation coverage for its officers, employees and agents while they are assigned to perform or are performing activities related to this Memorandum of Understanding. In this regard, each Parent Agency shall defend, indemnify and hold harmless every other Parent Agency and the officers, employees and agents thereof from and against any claim, loss, damage, lawsuit, cost or expense that arises out of, or is in any way related to, any industriaI/worker’s compensation injury sustained by an employee of the indemnifying Parent Agency while assigned to perform or performing activities related to this Memorandum of Understanding.
Article 25: Internal Document and Evidence Security
All investigative files will be considered CONFIDENTIAL and shall be exempt from public disclosure to the extent allowed by law. This material will be secured when unattended. Access to investigative files will be on a “need to know / right to know” basis. Investigative files being actively worked will be kept under the direct control of the ACTION Center or ACTION Project Investigative Team until the investigation is concluded. The management of documents and evidence will be done in strict accordance with applicable state and federal laws.
Article 26: Case Reportinq
Investigative reports will be completed in a timely manner and will describe activities fully, exactly and plainly. Reports will be maintained in a centralized record retention file, managed by the ACTION Center. All appropriate information will be submitted to the Bureau of Justice Assistance Office [BJA] as required.
26.1, Report Formats
Report formats will be determined by the Member Agencies.
26.2, Investigative Files
Because the regional law enforcement agencies are required to collect and maintain certain types of information on a common basis for inclusion in the data base developed by the California Department of Justice [DOJ] as part of the legislative mandate, certain investigation information must be collected. This information shall be exempt from public disclosure to the extent allowed by law:
26.2(a), Offense Information
This information will include ACTION Project case number, handling agency case number, assigned investigator, date and time of offense, suspect information, victim information, verified loss, case status and a brief summary of the case.
26.2( b), Suspect Information
This information will come from the offense reports, arrest reports and certain field interview reports and will identify arrestees, suspects and known associates who have come to the attention of the ACTION Project Investigative Team. The information will include the name, date of birth, identifying numbers (CDL, CII, FBI, PFN, etc.), specific descriptors (tattoos, scars, etc.,) associated businesses, and corresponding case numbers.
26.2( c ) , Property Information
This information will include losses, recoveries, and type of property seized. This information may be shared with other law enforcement entities, will also document the effectiveness of the investigative team and help quantify the scope of agricultural crime in a given area.
26.2(d), Modus Operandi Information
This information must be kept in a manner that will allow investigative team members to share the information with other members, other investigative teams and law enforcement involved in similar cases.
Article 27: Administrative Reporfinq
The Regional Coordinator, or designee, is responsible for submitting all required and requested information, in a timely manner. This reporting will be made to the Bureau of Justice Assistance Office [BJA], Member Agencies, and others as may b e determined. These reports may include, but are not limited to: Monthly Case
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Management Reports, Statistical Reports, Budget Reports, Personnel Reports and Unusu’al Occurrence Repolts.
Article 28: Multi-Aqency Concerns
28.1, Citizen Complaints
Any Complaint received by the ACTION Project from an individual alleging misconduct by personnel of the ACTION Project Investigative Team while conducting an ACTION Project operation shall be immediately reported to the Project Director. The Project Director will notify the concerned officer’s Parent Agency designated Supervisor and provide them with all the available information regarding the incident for immediate assignment and preliminary fact finding. Final determination of the complaint will be made by the Parent Agency. -.
28.2, On-duty Traffic Accidents
In all cases, appropriate reports will be completed in compliance with legal requirements and the Parent Agency policy.
28.2(a), Non-Injury Accidents
If an ACTION Project Investigative Team Member is involved in a traffic collision while on duty NOT resulting in injury or death, the supervisor shall make the fo I lowi ng notifications:
28.2(a) I . A supervisor from the involved officer’s Parent Agency,
28.2(a) 2. The Project Director, and
28.2(a) 3. The agency in whose jurisdiction the incident occurred.
28.2(b), Injury or Death
If an ACTION Project Investigative Team Member is involved in a traffic collision while on duty which results in injury or death, the supervisor shall immediately make the following notifications:
28.2(b) 1. A supervisor from the involved officer’s Parent Agency,
28.2(b) 2. The Project Director, who will immediately notify the Tulare County District Attorney and Sheriff or designees, and
28.2(b) 3. The agency in whose jurisdiction the incident occurred.
28.3, On-Duty Injury
When any Investigative Team Member is injured on duty, the supervisor will notify the Project Director. An involved Parent Agency supervisor shall be notified and procedures will be followed as required by the concerned Parent Agency. In case of an emergency, the Investigative Team Member will receive immediate medical attention in the most expedient manner. In order to assist the supervisor in ensuring the Investigative Team Member’s injury is treated without delay, every Investigative Team Member will supply the Project Director with medical emergency notification information that will be maintained at the respective team office and the ACTION Center office.
28.4, Use of Force
Use of force incidents will be reported as required by Parent Agency guidelines. Any Investigative Team Member involved in an incident resulting in injury or death while that Investigative Team Member is on duty will require the immediate notification of the following:
28.4(a), A supervisor from all involved Parent Agencies
28.4(b) The Project Director, who will immediately notify the Tulare County District Attorney and Sheriff or designees, and
28.4(c), A supervisor from any non-involved agency in whose jurisdiction the incident took place.
28.5, Firearm Policy
Investigative Team Members will carry firearms only in accordance with his or her Parent Agency’s departmental policies and procedures. Any discharge of a firearm shall require the immediate notification of the following:
28.5(a), A supervisor from all involved Parent Agencies
28.5(b) The Project Director, who will immediately notify the Tulare County District Attorney and Sheriff or designees, and
28.5(c), A supervisor from any non-involved agency in whose jurisdiction the incident took place.
PART V FISCAL GUIDELINES
Article’ 29: Source of Fundinq
Revenue for the ACTION Project shall originate only from the following sources:
29.1 , U.S. Department of Justice, Bureau of Justice Assistance,
29.2, Other Grants, Funding or Donations from Government Agencies.
Article 30: Proqram Operation
30.1, Self-Management
The ACTION Regional Coordinator shall have the responsibility for day to day fiscal operations. The ACTION Project Investigative Team shall be responsible for tactical planning. The ACTION Project Director in consultation with ACTION Center staff and Membership Agencies, shall be responsible for making recommendations for policy issues, long range planning including legislation and funding acquisitions.
30.2, Limits
All purchases require backup documentation, such as receipts or invoices, which clearly and accurately show who received the funds and what goods or services were provided in return. Goods or services returned to the vendor must also be clearly and accurately documented.
30.3, Title of Property
Tulare County will hold title to all property purchases by ACTION Project Grant Funds. Such property may be distributed to and retained by Member Agencies for their use. However, each Member Agency must return the property to Tulare County upon termination of the program or upon termination of participation by the Member Agency as described in Article 7 of this Memorandum of Understanding. Each Member Agency will be responsible for the care and maintenance of all distributed equipment in their possession.
30.4, Purchasing
All purchases shall be conducted through the Tulare County District Attorney’s Office.
30.5, Accounting, Internal and External of the ACTION Center
The Regional Coordinator shall be responsible for the internal accounting of all
ACTION Center activities and may establish whatever controls and procedures deemed necessary to carry out these duties. The Regional Coordinator shall forward to the District Attorney Fiscal Services Office all records, receipts and documents required by the Grant. An external audit of the program shall be conducted in accordance with the terms of the grants received and general accounting principals.
INTERIM AGREEMENT Until and including the date of formal acceptance of the ACTION Project Memorandum of Understanding and the ACTION Project Joint Operating Agreement by the participating agencies, this IhTERIM Agreement will serve as the operational agreement for the ACTION Project. T h e tenns and conditions of the interim agreement are the same as those enumerated in the final draft ACTION Project Memorandum of Understanding and the ACTION Project Joint Operating Agreement sent out on August 16,2005 and are incorporated by reference.
SIGNATURES
Steve Robbins, Sheriff, County of Santa Cruz
Bob
f - Moeller, Agricultural C o r n h o n e r , County of Santa Cruz
- APPROVED AS TO FORM:
J &qC County Counsel
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