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HomeMy WebLinkAbout2016 Ordinance No. 003• • ORDINANCE NO.Q_ SERIES OF 2016 BY AUTIIORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTIIORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "COOPERATIVE STATE AND LOCAL AGREEMENT'' BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE CITY OF ENGLEWOOD. WHEREAS, there is a US Department of Justice -Drug Enforcement Administration (DEA) Task Force charged with investigating trafficking in narcotics and dangerous drugs in the Denver Metropolitan area; and WHEREAS, in the past few years the City of Englewood has seen a rise in drug use in the community, specifically methamphetamine and heroin; and WHEREAS, there has been an increase in the number of people being arrested for other crimes that are also in possession of dangerous drugs; and WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in the Denver metropolitan area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of State of Colorado and the City of Englewoood; and WHEREAS, currently the City of Englewood has two officers assigned to the Arapahoe County Impact Team for the specific purpose of addressing street-level drug trafficking; and WHEREAS, one of the officers currently on the Arapahoe County Impact Team will be reassigned to the DEA Task Force to investigate drug trafficking on a larger scale in the Denver metro area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the U.S. Department of Justice, Drug Enforcement Administration (DEA) Task Force and the City of Englewood, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Chief of the Englewood Police Department is authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 4th day of January, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of January, 2016. 1 Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of January, 2016 for thirty (30) days. Read by title and passed on final reading on the 19th day of January, 2016. Published by title in the City's official newspaper as Ordinance No.~ Series of 2016, on the 21st day of January, 2016. Published by title on the City's official website beginning January, 2016 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is &;rue copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2016. • ., . COOPERATIVE STATE AND LOCAL AGREEMENT This agreement is made this 21b day of December. 20li, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Englewood Police Department (hereinafter "EPD''). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Denver metropolitan area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Colorado. the parties hereto agree to the following: I. The Cheyenne RO (position detailed to Enforcement Group 1 > will perform the activities and duties described below: a. disrupt the illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Cheyenne RO (position detailed to Enforcement Group ll's_activ.ities _will result in .effe.ctiY.e_ pmse.~ution .hcfoceJhe_ca.urts_of.the_United _ S_tates_and . the State of Colorado. 2. To accomplish the objectives of the Cheyenne RO (position detailed to Enforcement Group 1). the ~agrees to detail one (l) experienced officer(s) to the Cheyenne RO (position detailed lo Enforcement Group I) for a period of not less than two years. During this period of assignment. the EPD officer(s) will be under the direct supervision nnd control of DEA supervisory personnel assigned to the Cheyenne RO (position detailed to Enforcement Group ll, 3. The EPD officer(s) assigned to the CheyeMe RO (position detailed to Enforcement Group n shnll adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Cheyenne RO (position detailed to Enforcement Group 1}. 4. The EPD officer(s) assigned to the Cheyenne RO (position detailed to Enforcement Group 1) shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Cheyenne RO (position detailed to Enforcement Group l}. DEA will assign~ (1) Special Agents to the Cheyenne RO (position detailed to Enforcement Group n. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and officer(s) assigned to the Cheyenne RO (position detailed to Enforcement Group I). This support will include: office space, office supplies, travel funds. Poge I of2 ' I! X H I a I T A funds for the purchase of evidence and infonnation, investigative equipment, training, and other support items. 6. The EPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination. Act of 197S, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, Hand 1. 7. The tenn of this agreement shall be effective from the date in paragraph number one until September 30, 20M. This agreement may be tenninated by either party on thirty days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by EPD during the term of this agreement. · For the Drug Enforcement Administration: Barbra M. Roach Specinl Agent in Charge For the Englewood Police ·Depit'ttneht: ---- John Collins Chief Pagc2 of2 Date: -------- Date: _______ _ . . .. • • .J • . . COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: January 19, 2016 9bii U.S. Department of Justice -Drug Enforcement Administration (DEA) - Task Force Agreement- 2nd Reading Initiated By: Staff Source: Police Department Deputy Chief Jeff Sanchez PREVIOUS COUNCIL ACTION City Council previously approved our participation in the Drug Enforcement Administration (DEA) Task Force approximately ten years ago. RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance. on second reading, which will authorize the Chief of Police to sign an Intergovernmental Agreement (IGA) with the U.S. Department of Justice, Drug Enforcement Administration (DEA) to allow the Police Department to assign an investigator to the Denver Field Division for the purpose of investigating trafficking in narcotics and dangerous drugs in the Denver metropolitan area. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Over the past few years, the City of Englewood has seen a rise in drug use in our community, specifically methamphetamine and heroin. We have also noticed an increase in the number of people being arrested for other crimes (i.e. shoplifting) that are also in possession of dangerous drugs. To combat this problem, we currently have two officers assigned to the Arapahoe County Impact Team for the specific purpose of addressing street-level drug trafficking . We feel that our efforts would be enhanced by reassigning one of these officers to the DEA Task Force which investigates drug trafficking on a larger scale in the Denver metro area. FINANCIAL IMPACT The Police Department will pay the salary and benefits for this position. No additional FTE will be needed since this will be done via an internal transfer of existing personnel. Due to our participation, the Department will receive forfeiture proceeds on a case-by- case basis . LIST OF ATTACHMENTS Bill for an Ordinance Cooperative State and Local Agreement • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: January 4, 2016 11ai U .S. Department of Justice -Drug Enforcement Administration (DEA) - Task Force Agreement Initiated By: Staff Source: Police Department Commander Tim Englert PREVIOUS COUNCIL ACTION City Council previously approved our participation in the Drug Enforcement Administration (DEA) Task Force approximately ten years ago. RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading which will authorize the Chief of Police to sign an Intergovernmental Agreement (IGA) with the U.S. Department of Justice, Drug Enforcement Administration (DEA) to allow the Police Department to assign an investigator to the Denver Field Division for the purpose of investigating trafficking in narcotics and dangerous drugs in the Denver metropolitan area. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Over the past few years, the City of Englewood has seen a rise in drug use in our community, specifically methamphetamine and heroin. We have also noticed an increase in the number of people being arrested for other crimes (i.e. shoplifting) that are also in possession of dangerous drugs. To combat this problem, we currently have two officers assigned to the Arapahoe County Impact Team for the specific purpose of addressing street-level drug trafficking . We feel that our efforts would be enhanced by reassigning one of these officers to the DEA Task Force which investigates drug trafficking on a larger scale in the Denver metro area. FINANCIAL IMPACT The Police Department will pay the salary and benefits for this position. No additional FTE will be needed since this will be done via an internal transfer of existing personnel. Due to our participation, the Department will receive forfeiture proceeds on a case-by- case basis. LIST OF ATTACHMENTS ...... ,. " , ... Bill for an Ordinance Cooperative State and Local Agreement