HomeMy WebLinkAbout2009 Ordinance No. 032•
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ORDINANCE NO. 3 2-
SERIES OF 2009 --
CONTRACT NO, b~-,1,oe 9
BY AlITHORJTY
COUNCIL BILL NO . 33
I ffRODUCED BY COUNC IL
MEMBER McCASLIN
AN ORDTNANCE AUTHOR IZTNG AN INTERGOVERNMENTAL AGREEMENT
RELATING TO THE DENVER METRO AUTO THEFT TEAM BETWEEN THE
PARTI CIPATTN G LAW ENFORCEME NT AGENCIES AND THE CITY OF ENGLEWOOD.
COLORADO TO COMBAT AUTO THEFTS AND VEHICLE TNSURANCE FRAUD TN THE
DENVER METRO AREA.
WHEREAS. tl1e Cit y Counci l of the City of Englewood aut horized an Memorandum of
Understanding with the Denver Metro Auto Theft Team (DMA TT) by the passage of Ordinance
No . 9. Series of2005; and
WHEREAS. the number of auto theft s th roughout the Den ver Metro area ha ve increased
significantl y; and
WHEREAS , it has been recognized that a large number of these thefts are committed by
individuals or groups of individual s who are not restricted in any wa y to commi tting these offenses
within the jurisdiction ofa sing le agency; and
WHEREAS , the Denver Metro Auto Theft Team (m1A Tf) was formed as an investigative and
enforcement group of the Co lorad o Auto Theft Preven ti on Authorit y; and
WHEREAS , the purpose of the DMA TT is to combat auto thefts and vehicle insurance fraud by
sharing both personnel and cap ital reso urces and by takin g an organized approac h to investigating
these crimes ; and
WHEREAS. thi s Intergovernment al Agreement will formalize the relationship between the
panicipating agencies of the \1ATT for policy guidance , planning . traini ng. pub lic relati ons and
med ia relati ons in order to m~ \im ize inter•agenc y coopera ti on; and
WHEREAS , each pan icipatmg agency agrees that its law enforcement personnel and/or it s
equipment ma) be used in conducting ove rt and covert investigati ons in vo lving organized or multipl e
motor vehicles theft s. chop shops and fencing of sto len motor vehicles and/or motor vehil. . .::s parts ;
and
\VH EREAS thi s lntergovemmental Agreement provides fo r the sha rin g of services or functions by
politica l subdi visions of the State of Co lorado. speci fi ca ll y authorized by CRS 29-1-203 (204);
NOW. THEREFORE . BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD. CO LORADO , AS FOLLOWS :
~ct ion I. The Intergovernmental Agreement .. Memorandum of Understanding'' re latin g to the
Denver Metro Auto Theft Team, attached hereto as Exhibit A. is hereby accepted and app roved by
th e Englew ood City Cou ncil.
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Section 2. Th e Chief of the Engl ewood Police Depanm ent and th e Cit y Clerk arc au th ori zed to •
cxccu 1~ and nucst sa id Agreement fo r and on beha lf of th e Ci1y of Eng lewood .
Introduced . read in fu ll. and pa ssed t , fi rs, read in g on th e 3rr' da y of AUb'U SI . 2009 .
Publi shed as a Bill fo r an Ord inance in the Cit y's offi cial newspaper on the 1• da y of Augu st.
2009.
Pu blished as a Bill fo r an Ordi nan ce on th e Cit y"s offi cia l website beginning on the 5th da y of
August . 2009 for thin y (30) da ys.
Read by title and passed on final readi ng on the 17th da y of Au gust, 2009 .
Publ ished by tit le in the Cit y"s offic ial newspaper as Ordinan ce No .32., Seri es of 2009. on
the 21st da y of August , 2009.
Published by title on th e Cit y"s officia l website beginning on th e 19th da y of
August , 2009 fo r thin y (30) days .
I. Loucri shia A. Ell is , Ci ty Clerk of the City of Englewood, Co lorado, hereby cenify that the
abo ve and fo regoi ng is a tru e copy of the Ordinance passed on final rending and published by
title as Ordinance No. 3~ Series of 2009 .
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• MEMORANDUM of UNDERSTANDING
Denver Metro Auto Theft Team
Thi s Memorandum of Understanding (MOU) i~ entered into by the Sheriffs, Chiefs cr
Law Enforcement Agency Director (or their designees) of the a~encies wh o subsequently
agrt ~ to the terms of thi s MOU .
Purpose:
The purpose of this Memorandum of Understanding is to outline the overall mission of
the Denver Metro Auto Theft Team (OMA Tr) •• . .i delineate the responsibilities between
the participating member agencies listed above aod aoy additional agencies that ha..e
agreed to this MOU .
This MOU will forrr .•lize relationship between participating agencies for policy
guidaoce , planning, train:ng , public relations and media relations in order to maximize
inter-agency cooperation. This will also create a cohesive unit capable of addressing the
emerging organized auto theft problem facing Colorado Law Enforcement agencies
statewide .
• Each participating agency agrees that its law enforcement personnel aod/or its equipment
may be used in conducting overt aod covert investigations inv olving organized-or
multiple-motor vehicle thefts , chop shops aod fencing of stolen motor vehicles aod/or
motor vehicles parts.
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This Memorandum of Understanding provides functions or services , including the
sharing of services or functions by political subdivisions of the State of Colorado ,
specifical ly authori zed by CRS 29-1-203 (2004).
In addition this MOU sets forth the intent of the signatories to participate hereto in this
orgaoization (OMA TT). This MOU is not a legally binding document and is not
intended to confer remedies on any party in the event of its breach .
Mission :
The mission of the Denver Metro Auto Theft Team is to combat auto thefts aod vehicle
insurance fraud . This will be accomplished by thoroughly investigating organized groups ,
repeat offenders aod those individual s, groups aod or organizations that benefit from or
support this type of criminal activity .
• OMA TT will work closely with prosecutors in preparing cases in which the
Colorado Organized Crime Control Act (COCCA), if appropriate, can be
implemented .
• OMA TT "~11 be proacrive in the use of "sting" operations , bait vehic les aod
informaots to penetrate organized groups of auto thieves .
• DtvlA TT will also be proac ti ve by enforcin g th e "Dail y Bu sin ess Re cord" statute •
fo r tow com panie s, aut o sa lvage yards and au to repair bus in esses .
• OMA TT, upon reque st, wi ll assist member age ncies wi th large. and /or organized
multi-juri sd icti onal auto theft related in ves ti gati ons.
• DMATT will panicipate wilh oth er Fed eral, Sta te or Loca l Law Enforcement
Task Fo rces th at req ues t our assis tan ce on auto th eft related is sues.
• DMA TT will wo rk close ly "~th th e Co lorado Auto Theft In vestigato rs (CA TI)
org ani za ti on to edu ca te th e r,:iblic and provide introductory and advan ce d auto
th eft trainin g to oth er Law Enfo rce ment agencies .
Participation :
Initi all y, it is anticipat ed th at for at least th e fir st year th e OMA TT will be a part-tim e
organization designed to facilitate co mplex vehic le crime inv es ti ga tion s. It is not int ended
to be a full-time task force , requiring assignm ent of perso nn el at this time . OMA TT wi ll
be activated when a mem ber agency has a multi -jurisdictio nal auto theft investigati on and
require s additional manpower to properly inv es ti gate the case .
Agencies req ue sting activation of DMA IT must be able to ass ign a minimum of one
Inve stigator or Detective to parti cipat e in Team operati ons and that member agency's
personnel will serve as case agent and may mak e availabl e a co -supervi so r for the Team
for the purpose of operation al plan review and field supervisi on durin g searc h and arrest
warrant execution within th at jurisdiction.
Agency heads or des ignees are invited to quanerl y briefin gs from th e Project Dire ctor.
Such briefings will al so se rve as a fo rum to address any iss ues of mutual co ncern to th e
participating age ncie s.
Compo~ition:
OMA TT will cons ist of a combined law enfo rce ment body from th e agre,;,in g age nci es
with the Colorado Sta te Patrol as ~e lead age nc y. In addition , any add iti ona l
participating age ncy that subsequently agree s to the terms of this MOU will support
OMA TT . Each panicipating age nc y agrees to provide manpower to all ow OMA TT to
a comp li sh it s mi ss ion .
Spec ific control of Team member s shall be retained by th e re spect ive part1c1patmg
age nc y bead s or de signee , who wi ll be kept infom1 ed of all in ves tigati ve dev elop ments
by th eir respecti ve sub ordin ates.
Th e pr im a ry OM A TT supervisor will be tl1e CS P Sergeant or 01:,er des ignated offi ce r as
ass igned by th e Co lorad o State Patrol to supen•ise the Team .
Liabi li ty :
Eac h panicipating agenc y acknow ledges th at applicable Co lorado State laws go vern
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liability fo r neg li ge nt or wro ngful ac ts or omi ss ion s co mmitted by its emplo yees wh il e •
they are participating as a memb er of OMA TT . Li abilit y fo r negl igent ac ts or omi ssio ns
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are the sole respons ibility of eac h of th e part icipatin g agencie s or empl oyees and non e of
th e agencies or emp loyee s waive th e benefit s or ob li ga tions of the Co lorad o
Governmental Immuni ty Act ; C.R .. 24-10-101. Panicipating age ncies and individual
team members ag re e the y will not be re spon sible or liable for acts performed by
perso nn el of other member agencies while performing OMA TT acti vitie s.
Eac h panicipating agenc y will be provided with a copy of the Operationa l Guideli nes for
the Team . Each Team member will be required to follow the rules and regulations of th eir
paren t agencies unless Team gui del in es are more stri ct.
Each panicipating member remains an empl oyee of th eir parent agency and eac h age ncy
is resp onsible for sala ry, wo rke r's co mpensation , and other benefits affo rd ed their agency
members .
S alary/Onrtime:
The Co lorado State Patrol will iss ue purchase orders that authorize the reimburse ment of
overtime in curr ed in furtherance of team objectives as outlined in the Denver Metro Aut o
Theft Team Operatio nal Guide lines.
Ass ignment of Cases:
All cases ass igned or developed by the Team will be jr mtl y in ves ti gated by th e OMA TI .
The develo pment of teams with in the OMA TI ma y be necessary to effecti ve ly
acco mpli sh th e mi ss ion. Such teams will consis t of a Team member fr om the requ es tin g
agency and a Colorado Sta te Patrol In vest igator and any additional detectives as need ed.
It is agreed that ur.ilateral action s on the part of one age ncy will not be under-taken. as
such acti ons run co ntrary to th e multi-j uri sdi cti ona l sp irit if th e Co lorado Auto Th eft
Prevention Au th ori ty (CAT PA) legislation . All law enforcement act ions will be
coo rdinated and coopera ti ve ly carr ied out.
Use of Rocky Mountain High Intens ity Drug Trafficking Area (RMHfDTA) Watch
Cent er is mandat ory for OMA TT operation s to avoid con fl ic ts with another age ncy or
tas k force ope rat ion.
Record s:
All Team in ve sti gative record s will be maintain ed in a secu re loca ti on by the initiating
age ncy . Cop ies of all document s generated by the Team with re spect to a Team
inves ti ga ti on shall be provided to OMA TI unl ess prohibit ed by that age ncy's reg ul ati ons,
and/or app li cab le State or Federal law .
Classified information and/or documents co ntainin g information th at id ent ifi es or tend s to
id enti fy a OMA TT informant shall be maintain ed by th e initi atin g agency in accordance
witl1 that agency's po li cies regarding intelligen ce and co nfidential informant handling .
Prosecutions:
Th e detec ti ve, sup erviso r. app ro priat e di stri ct att orn ey and the Colorado Att orn ey
General Office will mak e a dete rminati on, on a case-b y-cas e ba sis, wheth er th e fil ing of a
spe ci fi c Team in ve stigati on should be fil ed with th e District Att orney or th e St ate
Att orne y Gen eral's Office . Th e determi nati on will be mad e at '.h e earlie st poss ible tim e
bas ed on the evidence obtained and a co nsid eration of whi ch level of pro sec ution woul d
be of th e greate st be nefit to th e overall objectives of the Team .
Incidents involving Team Members:
Should a Team member be involved in a "cri tical incident" (deadly force enco unter)
relatin g to and in th e scope of Team dutie s, esta bli shed criti cal incident teams will be
utilized . In vesti gation of cr iti cal inciden ts that occ ur in areas wi th out a criti cal in cid ent
team wi ll be investiga ted by th e agency havin g jurisdiction. In ves tig ative ass istan ce may
be reque sted from th e Co lorad o Bureau of Inv es ti gatio ns as needed. The age ncy of the
member inv olve d in th e in cident wi ll be responsi ble for conductin g th eir own internal
in vesti gati on. Should Team members from more than one age ncy become involved in an
incident, parti ci pating agencies in thi s MOU agree to co ndu ct independent investigation s
unle ss it is determin ed by th e appro priate superviso r that a joint inv estigation wou ld be in
the be st interest of the agencies invo lved. Any critical in cident invo lving the use of
deadly force occurring in th e City & County of Denver will be investigated under the
direction of th e Crim es Against Persons Burea u und er th e most recent version of th e
guidelines se t fo rth in th e Denver Police Department 's Operations Man ual.
However, if it is agreed th at the agencies involved in an incid ent will co nduct th eir own
in vesti gati on, it is agreed that each agenc y will co ndu ct their resp ective investigation in a
manne r that doesn 't interfere with or ham per th e in ve sti gation(s } of oth er agency (s).
Th e Denver Metro Auto Theft Team permanent supervisor wi ll notify th e parent agency
sup erv isor in any instance of a com pl ai nt agai nst a Tean1 member arising from Team
dutie s. Th e parent agency is sole ly resp onsib le for admini strative investigations and
compl ai nt re so luti on fo r th eir employee and an y di sc iplin ary or correc ti ve acti on will be
the prerogative of the team member 's agency.
Investigati ve Methods :
The majority of th e Team case s wi ll be pro sec ut ed on th e State leve l. Therefore , th e
participants of th e Team agree to co nfo rm to State standard s concerning th e co ll ec ti on ,
processi ng and storage of ev id ence and electro ni c surve ill ance . ln add iti on , th e use of
oth er in vestiga ti ve metho ds (search warrant, intercepts of oral communication , etc ... ) and
reportin g procedures in connection th erewith will be co nsistent with the policy and
procedures of the State of Co lorado and each participating agency . Ev idence will be
maintained and processed by th e ini ti ating agency und er th at agency 's esta bli shed
gu id eli nes.
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Undercove r Operation s:
All Te am operati ons will be co ndu cted and rev iewed in ac co rd ance with Team guide li nes
and applicable tate and Fe dera l laws. ·
Informant s:
Informant handling and doc um entati on wi ll be conduc ted in acco rdan ce wit h the
initiating age ncy's poli cy. Informant s will need to be re gistered with DMATT and ob tain
a DM A TT number for track in g purpos es.
No documents will be prepared or di sseminat ed out sid e the Team that wo uld identify or
tend to identi fy a Team informant. Wh en possib le, th e informant will be referred to by a
code nam e or number so as not to reveal hi s/her identity.
If an y information on a co nfidential informant (Cl) become s the su ~j ect of a disc overy
motion or court order in an y State, Federal or Lo ca l proceeding , all partic ipating agencie s
agree th at they will notify each oth er prior to di sc losure. Each agency will attempt to
protect the interest of the other participating agencies in addition to its own interests and
tho se of the Cl.
Each agenc y's designated supervisor will ove rsee all aspects of infor.n:mt development ,
control and management in furtheran ce of th e Team investi gati ons .
Ve hicl es:
All participatin g agencies agree to suppl y their Team members with a vehi cle for use by
th ei r empl oyee. All vehi cles ass igned to a Team member, except in emergency, will be
driven by that agenc y's pe rsonnel. Expenses related to th e op.erat ion of that agency
ve hicl e shall be th e re spons ibili ty of that agency .
Property :
Property and equipm ent of the Team will be properly maintained and cared fo r by
members. Any equipment on loan to the Team , by a participating agency, that is damaged
whil e in use durin g a Tea m operation will be repaired or replaced at Team expense.
Media Relations :
The DMA TT co mm ande r or hi s /h er designee has th e res ponsibility to coordinate th e
release of info m1 ati on to th e news media and to th e publi c thro ugh the Public Information
Officer of the involved juri sdicti on and th e Colorado State Patro l Publi c Affa irs Section.
Media inquiries made to individual participating agencies shall be referred to th e
DMA TI co mm and er. At majo r crim e scenes or following majo r in cidents, th e DMA TI
commander or desi gnee will coord in ate with the Public Inform ati on Officer of the
jurisd icti on(s) inv olved to ensure approp ri ate and acc urate news rel ea ses are made . The
DMA TT co mmander or des ignee will ensur e th at eac h member agency receives eq ual •
publi c recogni tion for publicized Tram operation s.
Duration:
Th e term of th is MO U is for the duration of th e Team 's operation . Any participating
agency may withdraw from the Team at an y time by written notifi catio n 10 th e Team
commander at least 30 day s prior to withdrawa l. Upon te rmination of the MOU, all
eq uipment provided by th e OMA TT will be returned to the Team .
Modification:
Thi s agreement ma y be modified at an y time by written consent of all participating
agencies through the Team Commander. Modifi ca tions to this MOU shall have no force
and effect unless such mod ifications are •~duced to writing and signed by on auth orized
representative of each parti cipating agency .
Forfeitures:
The agen cy filing the criminal case will be responsible for processing assets eeized for
forfeiture in conjunction wi th Team operations. Asset forfeitures will be co nducted in
accordance "~th rules and regulation se t forth by the Federal government or the State of
Colorndo and OMA TI Operational Guidelines. Participating agencies agree that an y
recoverable forfeiture, attributable to a Team investigati on , will be donated to the •
Colorado Auto Theft Prevention Authority under the guid elin es established in C.R.S. 42•
5.11 2 (4Xa).
Organization:
The Team Commander will assure that OMA IT has the equipment, training and supp ort
necessary to carry out its mission. The Project Director will be the authorized signer for
issues related to the DMATT organization and operation.
The permanent Team Supervisor (CSP Sergeant) will have field superv isory
re sponsibility of all team members during OMA TI activities and will ensure that
OMA TT Operational Guideline s are followed .
The Co lorado Attorney Genera l Office will se rve as le gal advisor to OMA TT .
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Participating Ag ency signat urc(s)
By signing thi s Memorand um of Und erstanding yo ur agency agrees to cond iti ons set
fo rth in the mem orand um and the Operatio nal Guid elines for th e Denver Metro Auto Theft Team.
City of Englewood
Agency--~e~o~J~i~c~e-cD"e"'p,..a~c~t~ro~e~~"~t-__
Please prini Agen cy Name
Name----,......,~=------
Authorized Signature
Th omas E. Vandermee
Chi ef of ?olice
Co lonel James Wolfmbarger
Chief-Colorado S1a1e Pa1ro1
Date-__ ! __ / 2009
• COUNCIL COMMUNICAT ION
Date: Agenda Item: Subject:
Augusl 3, 2009 11 a i Memorandum of Underslanding -
Denver M eire Au l o Thell Team
In itiated By: I Staff Source:
Police Deparlme111 John Collin s, Deputy Chief of Police
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
Th e Police Departmenl is re commending that City Council ado pt a bill for an ordinance au th orizin g
th e Chief of Police to sign a Memorandum of Understanding w ith the D enver Metro A uto Theft
Team (DMATT).
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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The D enver Metro Auto Theft Team is compris ed of Denve r Metro Law Enforcement agencies and
its purpose is to combat au to theft and vehicle insurance fraud. The team 's mission will 'ie
acco m p li shed b y th oroughly in ves tigating orga ni zed groups and o r orga ni za ti ons th at benefit from
or support thi s type of criminal ac ti vity. DMA TT is not intended to be a full•tim e task force; rath er,
DMATT is ac ti vate d w hen a member agency requests assis tance from th e Team due to staffing
co nstraints.
FINANCIAL IMPACT
Eac h m emb er agency w ill provide an in ves ti gator to assis t DMATT w ith au to th eft related
investigati ons. The City of En glewood Poli ce Departm ent w ill be reimbu rsed for all overtime cos ts
in c urred while assis tin g DMA TT with its criminal inves tiga ti ons.
LIST OF ATTACHMENTS
Bi ll for an Ordin ance