08.e. Special Operations UnitMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN N. ANNIBALI, CHIEF OF POLICE
SUBJECT: CONSIDERATION OF A CONTRIBUTION TO THE SAN LUIS OBISPO
COUNTY - SPECIAL OPERATIONS UNIT
DATE: APRIL 24,2012
RECOMMENDATION:
It is recommended the City Council approve a contribution to the San Luis Obispo County
Sheriff - Special Operations Unit (SOU) in the amount of $20,000 and to authorize the
Chief of Police to execute the proposed Memorandum of Understanding, if approved by
the City Attorney.
FINANCIAL IMPACT:
Although Arroyo Grande has provided a sworn officer assigned to the former San Luis
Obispo County Narcotics Task Force (SLONTF) since it's inception in the 198OSs, this
contribution is proposed in lieu of providing a sworn officer position to the newly formed
Special Operations Unit under the management of the San Luis Obispo County Sheriffs
Office. The cost of providing a sworn officer exceeded $140,000 per year, in addition to
providing a vehicle, fuel equipment and supplies. The proposed $20,000 contribution is
budgeted in the Local Sales Tax Fund. Therefore, no additional appropriation is necessary.
BACKGROUND:
The California Department of Justice created local narcotic task forces in 1976 to
coordinate state, federal and local enforcement efforts focused on narcotics activity. Since
most agencies in San Luis Obispo County do not have the resources to fund their own
narcotics units, the State NTF's were designed to combine these local resources into a
singular more effective and efficient unit. Local agencies in the County either had a sworn
officer assigned to the task force full time and /or contributed approximately $20,000 in
funds to the task force for operational expenses
Due to budget cuts at the State level, the funding for the SLONTF was eliminated effective
December 31, 2011. Sherii Parkinson has agreed to lead an effort to combine local
resources under the Sheriffs Department to augment the Sheriffs Special Operations Unit
that focuses on narcotics and gang enforcement. The Sheriis Office is proposing the
restructuring of the SOU by adding the local agency resources previously assigned to the
disbanded SLONTF to combat narcotics and gang activity on a regional basis. The nexus
between narcotic trafficking and gang activity is well established.
ANALYSIS OF ISSUES:
The Sheriis Office has agreed to absorb the majority of the costs of operating this new
county task force under his command. The Sheris Office will provide the administrative
Agenda Item 8.e.
Page 1
CITY COUNCIL
CONSIDERATION OF A CONTRIBUTION TO THE SAN LUIS OBISPO COUNTY
SPECIAL OPERATIONS UNIT
APRIL 24,2012
PAGE 2
costs to include; management and supervision, ofice space, ofice equipment, clerical
support, etc. that had previously been provided by the California Department of Justice.
The Sheriis Office has established the following level of participation for those agencies
choosing to join: Agencies contributing personnel to the unit will have no additional
financial obligation other than outlined in the MOU. Agencies with a population over
20,000 that are unable to contribute personnel but wish to participate must contribute
money equal to a Deputy Sheriff position. Agencies with a population under 20,000 can
participate by contributing money in the amount of $20,000.
Due to the fact that the need for additional police staffing within the City of Arroyo Grande
is currently taking precedence, staff is recommending financial participation only at this
time.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staffs recommendation to approve the contribution to the SLOSOU
and to authorize the Chief of Police to execute the proposed Memorandum of
Understanding, if approved by the City Attorney;
2. Do not approve staffs recommendation and direct staff to seek alternatives
for narcotics enforcement; or
3. Provide Direction to staff
ADVANTAGES;
Approval of the contribution to the SOU will enable the City to provide support for narcotics
enforcement at a significantly reduced cost compared to assigning a full-time officer.
Participation will provide important narcotics enforcement activities to the City and
surrounding areas.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The public impacted by the proposal is the Arroyo Grande Police Department's service
population. The public has been made aware of the proposal before Council by a posting
of the Agenda in the front of City Hall on Thursday, April 19, 2012 and on the City's
website on Friday, April 20, 2012. No public input has been received to date.
Agenda Item 8.e.
Page 2
San Luis Obispo County Special Operations Unit
Memorandum
Understanding
This memorandum of understanding (MOU) is entered into by and between the San Luis Obispo
Sheriffs Office and the designated agency whose authorized officer has executed this MOU
(hereafter referred to as "participating agency").
1. Purpose
The purpose of this agreement (MOU) is to set forth the responsibilities of participating agencies
on the San Luis Obispo County Special Operations Unit (SOU).
2. Mission
The San Luis Obispo County Special Operations Unit's mission is to focus on proactive
enforcement of laws governing narcotics, street crimes and gangs in San Luis Obispo County.
3. ManagementJSu pervision
The management and supervision of the Special Operations Unit will be the responsibility of the
Sheriffs Office. This unit will have two Sheriffs Sergeants assigned to field and daily
supervision and a Sheriffs Commander will have management responsibility for the unit.
Any supervision issues with an outside employee will be discussed with the employee's agency.
The Sheriffs Office reserves the right to request removal of any employee from the SOU that
does not meet performance expectations.
4. Press Contact and Communication
The Sheriffs Office shall be responsible for all media contact regarding cases and conduct of the
unit unless the Sheriff delegates that responsibility to another agency's personnel.
5. Advisory Group
The Chief of each participating agency is encouraged to participate on the Advisory Group. This
group will meet bi-annually or as needed. This group will be provided statistical information on
SOU activities and information on large operations. Participation will pro\;ide the opportunity to
present concerns or recommendations to the Sheriff.
Agenda Item 8.e.
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6. Compensation
Each participating agency that provides personnel to participate on the Special Operations Unit is
responsible for providing its respective personnel with salaries, benefits, workers' compensation,
training and overtime in accordance with FLSA regulations and other contractual obligations. In
addition, the participating agency is responsible for providing its employee with a vehicle, cell
phone and safety equipment, as well as the maintenance, fuel and other costs associated with that
equipment.
7. Financial Support
Participating agencies that are unable to commit an employee to the Special Operations Unit can
participate by providing monetary support. Cities with a population under 20,000 will be
required to contribute $20,000 per fiscal year. Cities with a population over 20,000 will be
required to provide compensation equal to the salary of a Deputy Sheriff, at the lowest level of
the applicable compensation scale. This money will be used to compensate the Sheriffs Ofice
for clerical assistance and operating cost.
8. Facilities, Equipment and Property
The County of San Luis Obispo will take ownership of all necessary equipment fiom the former
County Narcotics Task Force and the Sheriffs Office will be responsible for the maintenance of
this equipment. The Sheriffs Office will be responsible for the replacement of this furniture as it
deems necessary.
The Special Operations Unit will be housed at the Sheriff's Office and the Sheriffs Office will
be responsible for the maintenance and cost of the facility.
Any maintenance or replacement of property owned by the participating agency or their
perso~el shall be the responsibility of that agency.
9. Asset Forfeiture
Any funds that are seized pursuant to asset forfeiture laws shall belong to the Sheriffs Office.
Those funds shall be used at the discretion of the Sheriff for supporting the Special Operations
Unit or the mission of the Sheriffs Office, as allowed and prescribed by law.
10. Agency Responsibilities
Personnel assigned to the San Luis Obispo County Special Operations Unit shall be deemed to
be continuing under the employment of their jurisdiction and shall have the same powers, duties,
privileges, responsibilities and immunities as are conferred upon them as peace officers in their
own jurisdictions.
For the purpose of indemnification, participating agency shall be responsible for the acts of its
participating employee and shall incur any liabilities arising out of the services and activities of
Agenda Item 8.e.
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those employees while participating with the San Luis Obispo County Special Operations Unit.
Participating agency shall indemnify and hold harmless the County of San Luis Obispo, its
officers and employees fiom all claims, demands, damages, costs, expenses, judgments,
attorneys' fees or other losses that may be asserted by any third party, which arise out of or are
made in connection with the act or omission of participating agency's personnel assigned to the
Special Operations Unit.
For the purpose of indemnification, the County shall be responsible for the acts of its
participating employees and shall incur any liabilities arising out of the services, and supervision
activities of those employees while participating with the San Luis Obispo County Special
Operations Unit. The County shall indemnify and hold harmless other participating agencies,
their officers and employees fiom all claims, demands, damages, costs, expenses, judgments,
attorneys' fees or other losses that may be asserted by any third party, which arise out of or are
made in connection with the act or omission of the County's personnel assigned to the Special
Operations Unit.
11. Policy and Procedures
Participating members of the San Luis Obispo County Special Operations Unit shall abide by
applicable policies of their agencies. In addition, they will be responsible for compliance with the
following Sheriffs Office policies:
a Use of confidential informants (Lexipol)
Asset forfeiture (Lexipol)
a Use of Investigative funds (Lexipol)
Medical Marijuana (Lexipol)
a Property procedures (Lexipol)
Report preparation (Lexipol)
Handling Clandestine Labs (DOJ)
The investigation of any complaint or policy violation involving a participating agency's
employee shall primarily rest with the participating agency, with assistance provided by the
Sheriffs Office.
In the event any personnel of a participating agency should be ordered by the Sheriffs
Department incident commander or another party's command personnel to engage in an action,
or refr-ain fiom engaging in an action, that the participating agency's personnel believes would
result in violation of hisher city's policies and procedures, this fact shall immediately be brought
to the attention of the incident commander or other party's command officer unless such
notification risks immediate loss of life or damage to property. Should the incident commander
or another party's command officer order the participating agency's personnel to engage in such
action, or to refi-ain fiom engaging in an action, notwithstanding such notification, the agency
employing the incident commander or command personnel shall hold harmless, defend and
indemnify the participating agency and its officials, employees and agents against any and all
claims arising out of such action or failure to act.
Agenda Item 8.e.
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12. Insurance
If a participating agency is providing personnel to the Special Operations Unit, the agency shall
maintain insurance or similar self-insured coverage commensurate with reasonably anticipated
risks for general liability, workers' compensation, and automobile coverage.
13. Term of Agreement
This agreement shall become effective upon the signing of this document and shall remain in
effect indefinitely, or until either the participating agency or the Sheriff terminates it. Any
participating agency or the Sheriffs Office may terminate this agreement anytime with written
notice to the Sheriffs Office or participating agency.
14. Authorization
The person signing this contract warrants that he or she has been properly authorized and
empowered to enter into this MOU on behalf of the participating agency. The Participating
agency by its authorized official's signature, has agreed to the terms of this MOU.
Name of Participating agency
Name Title
Signature Date
sheriff Ian Parkinson Date
Agenda Item 8.e.
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