HomeMy WebLinkAbout2014 Ordinance No. 007•
ORDINANCE NO. 1
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUIHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "EAST METRO AUTO TIIEFT TEAM (EMATT) MEMORANDUM OF
UNDERSTANDING FOR PARTICIPATING AGENCIEStt BETWEEN THE COLORADO
STATE PATROLt THE COUNTIES OF ARAPAHOE AND DOUGLAS AND TIIE CITIES OF
AURO~ COMMERCE CITY AND ENGLEWOOD TO COMBAT AUTO TIIEFTS AND
VEHICLE JNSURANCE FRAUD IN THE EAST METRO AREA.
WHEREASt the City Council of the City of Englewood authorized an Memorandum of
Understanding with the Denver Metro Auto Theft Team (DMATT) by the passage of Ordinance
No. 32, Series of 2009; and
WHEREAS, the number of auto thefts throughout the East Metro area have increased
significantly; and
WHEREASt it has been recognized that a large number of these thefts are committed by
individuals or groups of individuals who are not restricted in any way to committing these offenses
within the jurisdiction of a single agency; and
WHEREAS , the East Metro Auto Theft Team (EMATT) is a multi-agency law enforcement team
that combines law enforcement resources in order to better identify, investigate, and prosecute
perpetrators of motor vehicle theft and related criminal activity; and
WHEREASt the purpose of the EMATT is to combat auto thefts and vehicle insurance fraud by
sharing both personnel and capital resources and by taldng an organized approach to investigating
these crimes; and
WHEREAS, this Intergovernmental Agreement will formalize the relationship between the
participating agencies of the EMATT for policy guidance, planning, training, public relations and
media relations in order to maximize inter-agency cooperation; and
WHEREAS, each participating agency agrees that its law enforcement personnel and/or its
equipment may be used in conducting overt and covert investigations involving organized or multiple
motor vehicles thefts, chop shops and fencing of stolen motor vehicles and/or motor vehicles parts;
and
WHEREAS, one Investigator from Englewood Police Department will be assigned to this multi-
jurisdictional team to assist in criminal investigations of issues effecting not only Englewood but the
entire eastern Denver metropolitan area; and
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WHEREAS, the EMA'IT is funded through Colorado Auto Theft Prevention Authority (CATP A), •
no federal funds are used; and
WHEREAS this Intergovernmental Agreement provides for the sharing of services or functions by
political subdivisions of the State of Colorado, specifically authorized by CRS 29-1-203 (204);
NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCll. OF TIIE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Intergovernmental Agreement ''Memorandum of Understanding'' relating to the
East Metro Auto Theft Team, 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 18th day of February, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21 11 day of
February, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
February, 20 14 for thirty (3 0) days.
Read by title and passed on final reading on the 3rd day of March, 2014.
Published by title in the City's offici al n ewspaper as Ordinance No . 2., Series of 2014, on
the 7th day of March, 2014.
Published by title on the City's official website beginning on the 5th day of
March, 2014 for thirty (30) days.
P. Penn, Mayor
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No . .[!, Series of 2014.
k~
Loucrishia A. Ellis
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East Metro Auto Theft Team
(EMATT)
MEMORANDUM OF UNDERSTANDING
FOR
PARTICIPATING AGENCIES
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A
East Metro Auto Theft Team (EMA TT)
MEMORANDUM OF UNDERSTANDING
Sta.tement of Putpose .............................................................................................................................. 3
Mission Statement ................................................................................................................................. 3
Policy S1:2.temcnt .................................................................................................................................... 3
EMA TI Boatel of DirectoB ................................................................................................................ 4
Project Director ................................................................................................................................... 4
EMA TI Supervisors .......................................................................................................................... 5
EMATI Investigations .......................................................................................................................... 5
Intelligence/Staff Meetings ............................................................................................................... 6
EMATI Facility Security .......................................................................................................................... 6
Asset Forfeiture .................................................................................................................................... 6
Media Infomiation Release Policy .................................................................................................... 7
Equipment and Vehicles .................................................................................................................... 7
Personnel .............................................................................................................................................. 8
Salary/ Overtime Compensation ....................................................................................................... 8
Funding/Reitn.burse.m.ent ........................................................................................................................... 8
Prosecution .............................................................................................................................................................................................. 9
Deadly Force and Shooting Incident Policies .................................................................................. 9
Use of Inf otmants ........................................................................................................................................................................ 9
Liability ................................................................................................................................................ 10
Dura.ti.on ................................................................................................................................................................................................ -.......... 10
Conclusion .......................................................................................................................................... 11
Signatories ............................................................................................................................................................................................... 12
........................................................................................................................... , ............................................................................................. .
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Statement of Purpose
The purpose of this Memorandum of Understanding is to establish general guidelines
for a multi-agency response to the ongoing problem of auto theft and auto theft related
crimes. Auto theft is recognized as a multi-jurisdictional problem, and, therefore. a
multi-jurisdictional approach focusing on complex auto theft and related crimes is the
most appropriate response.
Additionally, the memorandum memorializes the anticipated relationships between the
participating agencies with regard to policy, planning, training, public and media
relations and operational mandates in an effort to minimize confusion and maximize
operational effectiveness.
Mission Statement
The East Metro Auto Theft Team is established in an effort to identify, investigate and
prosecute perpetrators of motor vehicle theft and related crimes by means of
cooperative engagement, use of available and emerging technology, long-tenn
investigation and critical analysis of complex organizations, and to provide an
educational component to both law enforcement an~ the general public.
Policy Statement
Participating agency members agree that resources supplied by each agency are
supplied in order to conduct criminal investigations involving auto theft and auto theft
related crimes, including~but not limited to-motor vehicle theft. fraud, chop shops, and
the illegal sales of stolen motor vehicles and motor vehicle parts.
The East Metro Auto Theft Team Board of Directors shall adopt appropriate standard
operating procedures (S.O.P.'s) for the group. The S.O.P.'s, and any updates thereto,
shall be maintained by the board ·of Directors and in the o ffice of the P roject Director so
that they are always available to the Participating Agencies. These S.O.P.'s are intended
to provide guidelines to give proper guidance to Task Force operations. They are not
intended to supersede any of the participating agencies own policies and procedures.
These procedures are intended as guidelines and the Board of Directors may supersede
any of the approved S .O.P.'s when, in the sound discretion of the board of Directors and
at the request of the Project Director, investigative exigencies arise which require
deviation there from. Changes to the S.O.P.'s shall require a majority vote of the Board
of Directors to ratify the change. Any recommended changes to the standard operating
procedures shall be forwarded through the chain of command and presented to the
Board of Directors, if appropriate.
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East Metro Auto Theft Team Board of Directon
The East Metro Auto Theft Team will have a Board of Directors. The Board of
Directors will consist of a representative or designee from each agency participating in
the East Metro Auto Theft Team. A participating agency is defined as any agency that
has an individual assigned to the East Metro Auto Theft Team on a full-time basis.
The Board of Directors will be responsible for the following:
1. The Board of Directors will address any issues of mutual concern to the
participants of the East Metro Auto Theft Team. This may include budget
matters, matters of policy and procedure and other matters.
2. The Board of Directors will meet quarterly to facilitate the accomplishment
of East Metro Auto Theft Team goals and communicate on issues of mutual
concern. The Project Director will brief the Board of Directors on relevant
issues.
3. The Board of Directors will resolve any interagency conflicts that may arise
during the operation of this project.
4. A majority of the entire Board shall constitute a quorum. The Board shall
transact no business unless a quorum is present. In all matters requiring a
vote of the Board of Directors, a simple majority of the quorum present shall
prevail. In the case of a tie vote, the Project Director may cast a vote for the
purpose of breaking the tie.
5. The Board of Directors will have the final determination on all matters that
cannot be resolved by the Project Director.
6. The Board of Directors shall act as the Seizure Board for any monies seized
by the East Metro Auto Theft Team. The Board of Directors shall make
appropriate decisions regarding the expenditure or utilization of EMATT
seizure money.
Proiect Director
The East Metro Auto Theft Team will have a designated Project Director. The Project
Director will be a command officer (Lieutenant or higher) from the Aurora Police
Department selected by the Aurora Police Chief.
The Project Director will oversee and coordinate the operation of the East Metro Auto
Theft Team on a daily basis. The Project Director will manage all administrative and
operational issues including, but not limited to, the budget, grants, personnel,
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purchasing and other related issues. The Project Director will facilitate the flow of
relevant information to the Board of Directors.
East Metro Auto Theft Team Supervision
At the outset, first line supervision of the East Metro Auto Theft Team will be
conducted by an Aurora Police Sergeant. Additional first line supervision, if required by
expansion of the team. will be decided by the Board of Directors. No more than one
sergeant from any participating agency will be assigned to the team.
Team supervisors are responsible for the day-to-day operations of the project. They are
responsible for: supervising project participants. monitoring, directing, coordinating and
planning of investigations, case management, personnel training and evaluation, and
any other supervisory related function relevant to Team personnel or operations. They
will repon to the Project Director.
Task Force supervisors will ensure that appropriate reports, forms and documentation
will be completed in an accurate and timely fashion. Task Force supervisors and the
Project Director will ensure that the policies and procedures adopted by the Board of
Directors regarding the operation of East Metro Auto Theft Team will be adhered to by
all participating members.
East Metro Auto Theft Team Investigations
All investigations at East Metro Auto Theft Team will be coordinated rhrough the Team
Supervisor. Participants are strictly prohibited from conducting investigations without
supervisory permission. The Project Director will appropriately forward case
information to the Board of Directors during the quarterly Board of Directors meeting.
All investigations shall be initiated and conducted pursuant to the adopted standard
operating procedures of East Metro Auto Theft Team.
When East Metro Auto Theft Team personnel engage in enforcement action(s), they
will notify a supervisor or acting supervisor from that jurisdiction as soon as practicable
unless release of that information would jeopardize the case.
When a long-term case, as defined in the East Metro Auto Theft Team SOP, is initiated,
the Team supervisor will attempt to assign an officer from the jurisdiction where the
investigation is centered as lead case agent when practicable.
Cases investigated by the EMA IT may be prosecuted at both the local and State level.
The use of any and all methods of investigation including, but not limited to, search and
arrest warrants, electronic surveillance and tracking, collection and storage of evidence,
and interviewing of suspects, will be consistent with both established State Law and the
policies and procedures of participating agencies. Evidence will be maintained and
processed by the lead case agent's home agency established policies and procedures.
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Intelligence/Staff Meetings
Members assigned to the East Metro Auto Theft Team will participate in weekly staff
meetings in order to facilitate coordination and communication of investigative
information, to identify ongoing operations with which assistance may be needed,
update ongoing operations with regard to progress, problems and potential for success,
and to communicate issues or concerns identified by participant's home agencies.
Personnel assigned to the EMA Tf may utilize report forms and reporting formats
required by their respective agency. For reasons of continuity and expedience, the
EMA TI may, however, develop certain forms to aid in arrest planning, surveillance
activity, case tracking and related matters. An officer assigned to the EMATI will not
be required to prepare or utilize a Team developed form, if such use is contrary to their
agency's policies, practices, or regulations.
All investigative intelligence and information developed within or generated by an
agency remains the property of the agency from which it was obtained. Each
participating agency will control the dissemination of their infonnation in accordance
with the law and that agency's established disclosure policies.
EMAIT Facility Security
The East Metro Auto Theft Team shall be housed in the Aurora Police Department
District 1 station on the third floor. All participating officers assigned to the EMATI
shall be provided with a key card allowing access to secured district stations. All
participating officers, while inside any Aurora Police secured facility, shall display
credentials in plain view.
Asset Forfeiture
Participants agree that any and all assets forfeited and received by the East Metro Auto
Theft Team will be handled in accordance with current state and federal asset forfeiture
laws. Utilization of any proceeds will be for the furtherance of the EMATT as deemed
appropriate by a majority of the Board of Directors, and the Board of Directors shall act
as the Seizure Board for EMATI. Under normal circumstances, Seizure Board business
shall be conducted at the regularly scheduled Board of Directors quarterly meetings.
EMA TT will keep a record of any disbursement or expenditure of seizure monies.
The Project Director is responsible for maintaining records of any seizures and/or
disbursements, and these records will be made available to the Board of Directors at
quarterly meetings or upon request.
If the Project Director determines that there is an urgent need to expend seizure monies,
he/she may contact members of the Board of Directors by phone or by email to receive
approval. A permanent record of this communication shall be maintained with EMA TI.
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Media Information Release Policy
Each participating agency at East Metro Auto Theft Team agrees to abide by the
standard operating procedure regarding the release of information to the media. No
member of the East Metro Auto Theft Team will release case information to the media
without permission from the Project Director (or designee).
The Project Director has primary responsibility for the release of EMA TT specific
information to the news media and the general public through the Public Information
Office of the involved jurisdiction and the Aurora Police Department. All requests for
information made to individual agencies for EMATT specific information should be
forwarded to the Project Director for review. Any incident or crime scene which results
in news media attention will result in the Project Director or on-scene supervisor
coordinating with the Public Information Officer for the affected/involved jurisdiction
to ensure the appropriate and accurate release of information.
Equipment and Vehicles
Each participating agency is responsible for providing the neces sary equipment and
vehicle for their member(s) assigned to the East Metro Auto Theft Team. Each agency
will be responsible for the security and inventory of its own equipment. Any equipment
provided to the East Metro Auto Theft Team for use by the Team will remain the
property of the contributing agency, which will be solely responsible for the
maintenance. repair and security of said equipment.
Equipment acquired and owned by the task force may be signed out to members of a
participating agency on an as-needed basis. Each participating agency agrees to replace
or repair East Metro Auto Theft Team equipment if said equipment is lost or damaged
thro ugh negligence or carelessness while in their employee•s possession or cu stody.
Each participating agency a grees to provide their assigned personnel a vehicle for use
while assigned to the Team. Absent specific direction , only personnel from the home
vehicle agency are authorized to operate said vehicles. All vehicle expenses, including
fuel and maintenance, remain the responsibility of the home agency.
Normally only City of Aurora employees may operate vehicles that are owned or leased
by the City of Aurora. Other Team members must receive specific direction from an
Aurora Task Force supervisor prior to operating a vehicle owned or leased by the City
of Aurora.
Personnel
Partic ipating agencies assigning personnel to East Metro Auto Theft Team are asked to
make that person available on a full-time basis. This will allow the EMA TI to staff
investigations in a predictable, efficient and effective manner.
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Any officer assigned to the East Metro Auto Theft Team on a rotational basis primarily
as an educational experience (not a full-time assigned position) for the officer will not
be subject to reimbursement of EMA TT funded overtime. Any overtime worked by a
temporarily assigned officer will be the responsibility of the officer's home agency.
Each participating agency will maintain responsibility for the actions, both personal and
professional, of its respective employees. Each participating member will be subject to
the laws, regulations, policies, and personnel rules applicable to members of their
respective agency.
Toe EMA TT Project Director or supervisor shall notify a supervisor of the home
agency of any participating officer of any complaint against a participating officer
arising from any act or omission by a participating member in the course of duties
associated with the EMATI. The home agency of any participating officer shall have
primary responsibility for the investigation and resolution of any complaints of an
administrative nature against their officer. Allegations of criminal conduct by a
participating officer(s) shall be investigated by the jurisdiction in which the alleged
criminal behavior occurred. This does not preclude the participating officer's home
agency from conducting their own investigation into any allegations of criminal
behavior,
Salary/Overtime Compensation
Unless otherwise agreed to in a separate agreement or Memorandum of Understanding,
participating agencies agree to assume all personnel costs (subject to the reimbursement
process outlined below) for their East Metro Auto Theft Team representatives,
including salaries, overtime payments and fringe benefits consistent with their
respective agency.
Funding/Reimbursement
Funding for all East Metro Auto Theft Team associated operating costs shall be
provided through a grant award from the Colorado Auto Theft Prevention Authority.
Each grant period runs for 12 months. The continuation of the East Metro Auto Theft
Team funding is contingent upon the application for and award of necessary funding
through the Colorado Auto Theft Prevention Authority at opening of the appropriate
grant cycle.
Pursuant to Colorado Auto Theft Prevention Authority (CATPA) funding availability
and grant approval, reimbursement to participating agencies through CA TP A for
approved personnel expenses (salary, benefits. and overtime) will be pursued consistent
with the terms of the grant, provided that the expenses were incurred as a result of the
employee's work on the East Metro Auto Theft Team. Any overtime accrued in excess
of established grant limits will become the responsibility of the home agency.
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Prosecution
The primary case agent/detective. supervisor, appropriate city or district attorney and
the office of the Colorado Attorney Gen~ral will. on a case by case basis, determine the
most appropriate jurisdiction into which a sp~ific case will be filed. Determination will
be made on the level of prosecution most likely to support a successful prosecution and
support the mission of the East Metro Auto Theft Team.
Nothing in the MOU precludes non-participating agencies from becoming the primary
case filer with regard to investigations which do not, upon further investigation. require
continued participation by the EMA TT for successful investigation and prosecution.
Deadly Force and Shooting Incident Policiea
Members of the East Metro Auto Theft Team will follow their home agency's policies
concerning firearms discharge and use of deadly force.
This MOU recognizes that differing Agencies utilize different resources to investigate
incidents of deadly and/or potentially deadly force. Any incident involving the use of
deadly or potentially deadly force occurring within the course and scope of assigned
duties shall be investigated under the authority of the jurisdiction wilhin which the
event occu rred. Any internal investigation resulting from the use of deadly or
potentially deadly force shall be conducted by the participating officer's home agency.
The Project Director (or designec) shall immediately be notified of any use of deadly or
potentially deadly force, and shall notify the participating officer's home agency as
soon as practicable.
Use oflnformants
The use of infomiants is recognized as a viable investigative tool Informant handling
and documenting will be completed in accordance with the primary officer's home
agency guidelines. Additionally, all informants shall be documented in accordance with
the City of Aurora policies and procedures for tracking pwposes.
No communication or documents will be prepared or disseminated outside the EMA TT
that would identify or otherwise make known the identity of any EMATT informant. If
any information on a confidential informant (Cl) becomes the subject of a motion for
discovery or court order in any court proceeding. all participating agencies agree that all
agencies shall be notified by the Project Director (or designee) prior to the disclosure of
informant information.
Uability
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Participating agencies acknowledge that this MOU does not alter the applicable law
governing civil liability, if any, arising from the conduct of personnel assigned to the
East Metro Auto Theft Team.
Participating members shall immediately notify a Team supervisor of any civil,
administrative, or criminal claim, complaint, discovery request, or other request for
information of which the agency receives notice, concerning or arising from the conduct
of personnel assigned to the EMATT or otherwise relating to the EMATT. Upon
receiving such notification, a Task Force supervisor will immediately make appropriate
notification of the situation to the Project Director and any affected participating
agencies.
Any and all requests for legal representation resulting from conduct associated with the
officer's official duties shall be handled in accordance with the requesting officer's
home agency's policies and procedures.
Any and all requests for legal representation resulting from conduct outside the normal
scope of the officer's official duties shall be handled in accordance with the requesting
officer's home agency's policies and procedures.
Duration
The term of this MOU is for the duration of the East Metro Auto Theft Team's
operations, contingent upon approval of necessary funding, but may be terminated at
any time upon written mutual consent of the agency involved.
Any participating agency may withdraw from the EMATT at any time by written
notification to the EMATT Project Director and the EMATT Board of Directors Any
equipment provided by the EMATT to the exiting agency shall be returned to the
EMATT upon separation.
Conclusion
The Board of Directors may add or delete to this document as deemed necessary. Such
addition or deletion shall be reduced to writing and approved by a majority of the Board
of Directors.
This document is intended to provide guidance to East Metro Auto Theft Team
participants and will not supersede any agency's policies and procedures.
The undersigned East Metro Auto Theft Team participant representatives are committed
to the cooperative environment that must exist to ensure the success of this important
endeavor.
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ignatories
The signature below indicates that the individual has received and read a copy of the
East Metro Auto Theft Team Memorandum of Understanding and, as a representative
of their agency, agrees to abide by the guidelines contained therein.
Arapahoe County Sheriff's Office
Aurora Police Department
Colorado State Patrol
Commerce City Police Department
Troy Smith, Chief of Police
~ Douglas County Sheriff's Office
Englewood Police Department
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
February 18, 2014 9 a i Memorandum of Understanding
Initiated By: Police Department Staff Source:
Jeff Sanchez, Deputy Chief of Police
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Englewood's participation in the East Metro Auto Theft Team (EMAlT) was discussed as part of the 2014
City Budget Development process. At that time, the required Memorandum of Understanding had not
been drafted.
RECOMMENDED ACTION
The Police Department is recommending that City Council approve a Bill for an Ordinance approving a
Memorandum of Understanding between the Englewood Police Department and the East Metro Auto
Theft Team authorizing Englewood's participation in a multi-agency law enforcement Task Force.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
A The East Metro Auto Theft Team (EMATT) is a multi-agency law enforcement team that combines law
W enforcement resources in order to better identify, investigate, and prosecute perpetrators of motor vehicle
theft and related criminal activity. One Investigator from Englewood Police will be assigned to this multi-
jurisdictional team to assist in criminal investigations of issues affecting not only Englewood but the entire
eastern Denver metropolitan area.
FINANCIAL IMPACT
In 2014, the Police Department will assign one officer to the East Metro Auto Theft Team. This task force is
funded through Colorado Auto Theft Prevention Authority (CATPA) and will pay the officer's salary, benefits
and overtime. The estimated savings to the City is $90,000.00 for the year (2014). A current member of
the Englewood Police will be assigned to this EMA 1T T earn.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance