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HomeMy WebLinkAbout2005 Ordinance No. 009• • • ORD INANCE NO . .!}__ SER IES OF 2005 BY AUTHORITY CONTRACT NO, :3,t>-.,'l.CCS-- COUNC IL BILL NO . 4 INTRO DUCED BY COUN CIL MEMBER WOO DWARD Al\ 'lRD INAN CE AUTHORIZING AN INTERGOVERNMEN TAL AGREEMENT ENT ITLED : "ME MO RANDUM OF UN DERSTAN DI NG" RELAT ING TO THE DENVER METRO AUTO THEFT TEAM BET WEEN THE PART ICIP ATING LAW ENFO RCEMEN T AGENCIES AND THE CITY OF ENGLEWOO D, COLORAD O TO COMBAT AUTO THEFTS AND VEHICL E INSURANCE FRAUD IN THE DENVER METRO AREA . WHEREAS, the number of auto thcfl s throu ghout th e Denver Metro area have increased signific antl y; and WHEREAS , in Englewood alon e, th ere we re 457 aut o theft s in 2004 ; and WHEREAS , it has been recognized th at a large number of th ese thefts arc committed by individuals or groups of individu als who arc not restri cted in any way to committing the se offen ses within th e jurisdiction of a single agency ; and WHEREAS, the Denver Metro Auto Theft Team (DMA TT) was fo rm ed as an investigative and enforcement group of the Co lorado Auto Theft Prevention Au th orit y; an d WHEREAS , the purpo se of the OMA TT is to co mbat auto th efts and ve hicle insurance fraud by sharing both pers onnel and ca pital resource s and by tak in g an organized appro ac h to investigating these crim es; and WHEREAS, thi s Int ergove rnmental Agreemen t wi ll forma li ze th e rclalion ship between the parti ci pati ng agencies of the DMA TT fo r policy guidance, planning, training , public relati ons an d media relat ions in orde r to max imi ze intcr•agcncy cooperation; and WHEREAS, eac h participating age ncy agrees th at its law enfo rcement personne l and/or it s equipm ent may be used in condu cting overt and co vert in vesti ga tions involving orga nized or mult ip le mot or veh icles thefts , chop shop s and fencing of stolen motor ve hi cles and/o r motor vehic les parts; and WHEREAS thi s Int ergovernmen tal Agreement provides for th e shar in g of servic es or functions by po liti ca l subdi visions of the State of Co lorado , speci fi ca ll y au thori zed by CR S 29 -I -203 (204); NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOO D, COLORAD0, AS FOLLOWS : ~-The In tergovernme nt al Agreeme nt "Me morandum of Und erstanding" re lating to the Den ver Metro Aut o Theft Tco:!l , a•!•chc d hereto as Ex hibi t A, is hereby accepte d ond approved by th e Eng lewood Cit y Cou ncil. -1- 9 bi ~ 2. The Direc tor o f Safely Services and the City Clerk arc authorized 10 execute and attest said Agreement fo r and on behalf of the City of Engle wood. Introduced, read in full , and passed on first reading on the 7th day of March 2005 . Publi shed as a Bill for an Ordinance on :he 11th d2 y of March , 2005 . Read by title and passed on final reading on th,: 21st dJy of March , 2005 . Mh••• ~ "''' • O<am-No 'l ~o,Jof 2Ut)4, n the 25th day of "'"'· ,.,,. -~ .,....Duglns ~ ,, -2- • • • • • MEMORA:.~VM of UlVDERSTA.~DE\'G Denver Metro Auto Theft Team (Re vi sed: 11 19 '05 ) This Memorandum of Understanding (MOU) is entered into by the Sheriffs, Chiefs or ..aw Enfo rcement Age nc y Director (or their designees) o f the agencies who subsequentl y 1gree to the terms of this MOU. Purpose : The purpose of this Memorandum of Understanding is to outline the overall mission of the Denver Metro Auto Theft Team (DMATT) and delineatt the responsibilities between the participating mem ber agencies listed above and any additional agencies that have agreed to this MO l.i . This MOU ,n , i tc . 11a ize relationship between part1c1pating agencies for policy guidance, plam •n g, t"aining, public re lations and media relations in order to maximize inter-agency coo peration. This will also create a cohesive unit capable of addressing the emerging organized auto theft problem facing Colorado Law Enforcement agencies statewide. Each partic ipatiug agency agrees that its law enforcement personnel an d/or its equipment may be used in conductin3 overt and covert ;nvestigations involv ing organized-or multiple-mot<,r vehicle thefts, chop sho ps and fencing of stolen motor vehicles and/or mo tor vehicles parts. This Mem orandum of Understan di n g provides func ti ons or services, incl uding the sharing of services or functions by po litical subdivisions of the State o f Co lorado, specificall y authorized by CRS ~9-l-203 (2004). In additio n this MOU sets forth the in tent of the si gnatories to partic ipate hereto in this organization (DtvLA. TT). This MOU is oot a legally binding document aod is oot intended to coo fer remedies oo any party io th e eve nt of its breach. Mission: The mission of the Den ve r Metro Au 1 0 Theft Team is to combat auto d1e fts and vehicle insuranc e fraud . This will be accomp,ished by thoroughl y investigating organized groups, repeat o ffenders and tho se ind ividuals, groups and or organi zations that benefit from or support this rype of criminal ac tiv ity . DtvL.\ TT will wo rk cl osely with prosecutors in ereparing cases in which the Colorado Organized Crime Control Act (CO CCA ), if appropriate , can be im p lemented . • DMA TT will be proact;v e in th e us e of "sting ·• operations, bait vehicles and informant s to pen errat e organized group s of aut o thi eves. • X .. I • I T A • DM.\TT will also be proactive by en fo rci ng the "Dai ly Bus iness Record" statute • for tow companies, au to sa lvage yards and auto repair businesses . • D/1,L'\TT , ·,;,on request, will assist member age nc ies with large. and'or organized mu lt i-j u.-.-di ctio nal auto theft rela ted investig ations. • DMAT!" wi l ?anic ipate wi th other Federal, State or Local Law Enforcement Task Fu~ces th.1 request ow· assistance on :uno theft related issues. • D/1,L'\ TT wi ll w rk closely with the ColoradJ Auto Theft In vestig ators (CATI) organiz41bn ,o educate the public and provide introductory and advanced auto theft tra~nh ~ •o other Law Enforcement agencies. Participadon: Initially, it is anticipated that for at least the first year the DMATT will be a pan-time organization designed to facilitatt complex vehi:le crime investigations . It is not intended '.o be a full-time task force , requiring as signment of personnel at this time. DMATT will be activated wren a member agency has a multi-jurisdirtional auto theft investigation and requires additional manpower to properly investigate the case. Agencies requesting activation ~f DMATT must be able to assign a minimum of one Investigator or De:ective to patticipate in Team operations and that member agency's personnel will serve as case ageut and may make avai lable a co-supervisor for the Team for the purp •,se of operational plan review and field supervisio n during search and arrest warrant execution within that j urisdiction. Agency heads or dc:,i gnees are in vi ted to quanerly briefings from the Project Director. Such briefings will also serve as a forum to address any iss ues of mutual concern to the panicipating agencies. Composition: DMATT wi ll consist of a co mb ined law enforceme nt body fr om the agreeing agencies with the Co,orado State Patrol as the lead agency. In addition, an y additional panicipating agenc y that subsequently agrees to the terms of this MOU will suppon OMA TT. Each panicipating agency agrees to provi de manpower to allow DMA TT to accomplish its m'~sio n. Specific control of Team -nembers shall be retained by the respective parttc1pating agenc y heads or designee, who will be kep t informed of all investigative developments b: · their res pective subordinates. The prim ary Dl'vL.\ TT supervisor wi ll be the CS P Sergeant or other designated o fficer as as signed by th e Colorado State Pat rol ,n sup erv ise the Team . Liability : • Each panicipating agency acknowledges that applicable Co lorado State laws govern liability fo r ne gligent or wro ngful acts or omiss ions commi!ted by its emplo yees whi le • the y are participating as a member of OMA TT. Liability fo r neglige nt acts or omissions • • • are the sole responsibility of each of the participating agencies or emplo yee s and none of the agencies or emplo yees waive the ben efits or obliga tions of the Colorado Govemmenl31 !mmuniry \ct; C.R.S . 24-10-1 0 1. Part icipating agencies and individual team members agree they will not be resp onsible or liable for acts performed by personnel <lf other member agencies while performing OMA TT activities. Eac h participating agenc y will be provided with a copy of the Operational Guidelines for the Team. Each Team member will be required to follow the rules and regulations of their parent agencies unless Team guidelines are more Strict. Each partic ipating member remains an emp lo yee of their parent agency and each agency is responsible for salary, worker's compensation, and other benefits afforded their agency members. Salary/Overtime: The Colorado State Patrol will iss ue purchase orders that authorize the reimbursement of ovenirn e incurred in furtherance of team objmives as outlined in the Denver Metro Auto Theft Teatll Operational Guidelines. Assignment of Cases: All cases assigned or developed by the Team will be jointly investigated by the DlvlA TT . The development of teams within the DlvlA TT may be necessary to effective ly accomplish the mission. Such teams will consist of a Team member from the requesting agenc y and a Colorado State Patrol Investi gato r and any additional detectives as needed. It is agree d that uni!Jteral actions on the pan of one agency will not be under-taken, as such actions run contrary to the multi-jurisdictional spirit if the Colorado Auto Theft Preventi on Authority (CAT PA ) le gislation. All law enfo rcement actions will be coordinated and coo perati vely c:irried out. Use of Rocky Mo unt ai n High Intensiry Drug Trafficking Area (Ri\llHIDTA) Watch Cent er is mandatory fo r Dtvl'\ TT operanons to avoid conflicts with another agenc y or task force operation. Records: All Team in vestiga ti ve records will be maintained in a secure location by the initiating agency . Copies of all documents generated by the Team with respect to a Te:im investigation shall be provi ded to DtvL-'. TT unless prohibited by tha t agency 's regulations , an d/o r applicable State or Federal law. Classified information and/or documents containing information that identifies or tends to ide ntify a Dlvl-'.TT informant sha ll be maintained by the initiating agency in accordance with that agency"s polici es regarding intelligence and confidential informant handling . Prosecutions: The detective. sup ervisor, appropriate district attorn ey and the Co lorado Attorney General Office will make a dete rminatior on a cas e-b y-case basis . whet her the fil in g of a specific Team investigation sh ould be _iied with tt .: Distri ct Anornc y or the State Attorney General's Offic e. The det ermination will be made at 1he earliest possible time based on the evidence obtained and a consideratio n of which level of prosecution wo uld be of the greatest ben<"fit to the overall objectives of the Team . Incidents involving Team Members: Sh ould a Team member be involved in a "critical ir.cident" (deadly force encounter) relating to and in the scope of Team duties. established critical inc ident teams will be utilized. Investigation of critical incidents that occur in are as without a cri tical incident team will be investigated by the agency having jurisdictio n. In vestig ative assistance may be requested fro m the Colorado Bureau of Inv esti gations as needed . The agency of the member involved in the incident will be responsible for conducting .:1eir own internal investig ation . Should Team members from more than one agency become involved in an incident, participating agencies in this MOU agree to conduct independ en t investigations unless it is detertttined by the appropriate superviso r that a joint investigation wo uld be in the best interest of the agencies in vo lved. Any critical incident involving the •ise of deadl y force occurring in the City & County of Denver will be investigated under the direc tion of the Crimes Against Per;ons Bureau under the most recent ver;ion of the guidelines set fonh in the Denver Police Department's Operations Manual. Ho wever, if it is agreed that the agencies invol ved in an incident will conduct their own inv es tigation. it is agreed that each agenc y will conduct their respective investigation in a manner that doesn 't int erfe re with or hamp er the investigation(s) of other agency(s). The Denver '.\lletro Auto Theft Team permanent sup erviso r will notify the parent agenc y supervi sor in a.>1y instance o f a comp laint against a Team member arisin g from Team duties. The parent agenc y is solel y re sponsible for administrative investigations and comp 'aint resolution for their emplo yee and any disc iplinary or correcti ve actio n wi ll be the prerogati ve of the te am member 's agency. Investigative Methods: The majority of the Team cases will be prosec uted on the St~te le vel. Therefo re , the participants of the Team agre e to conform to State stan dards co nc erning the colle cti on, proc ess in g and storage of evidence and electronic sur ,eill ance . In addition, the use of other investi gativ e methods (search warrant, int ercep ts ry f ora l co mmuni cation, etc ... ) and rep orring procedures in connection there with will be consistent wit h the policy and procedures of the State of Colorado and each participatin g agency. Evidence will be maintained and proce ssed by the initi ati ng agenc y under that agenc y's establishe d guidelines. • • • • • • Uodercover Operations: 1\ll Team operatio ns will be co nducted and reviewed in acc ordance with Team guidelines and applicable State and Federal laws . loformaots: Informar,t handling and do c uner.t2tion will be conducted in accordance with the initiating agency's policy . Informants will need 10 be registered with DMATI and obtain a DM •\ n n umber for traddng purposes . No documents will e prepared or disseminated outside the Team that would identify or tend to identi f) ~ Te•m informant. When possible, the informant will be referred to by a cod name or numb,T so as not to reveal his/her identity. If a·1. iu '.otm atfo n on a confidential informant (CI) becomes the subject of a discovery mo :ion or court order in any State, Federal or Local proceeding, all participating agencies agn:e that they will notify each other prior to disclosure. Each agency will attempt to protect the interest of the other participating agencies in addition to its own interests and those of the CL Each agency's designated supervisor will oversee all aspects of informant development, control and management in furtherance of the Team investigations . Ve~Jcles : Ai l pan,cipating agencies agree to supply their Team members with a vehicle for use by their employee. All vehicles assigned to a Team member, except in emergency, will be driven by that agency's personnel. Expenses related to the operation of that agency vehicle shall be the responsibility of that agency. Prop 1 rw : Property and equipment of the Team will be properly maintained and cared for by members . Any equipment on loan to the Team , by a participating agenc y, that is damaged while in use during a Team operation will be repaired or replace:! at Team expense. Media Relations: The Dtv!ATT commander or his /her designee has the responsibility to coordinate the release of information 10 the news media and to the public through the Public Information Officer of the invol ved j urisdiction and the Colorado State Patrol Public Affr.irs Section. Media inquiries made to individual participating agencies shall be referred to the Dl'vL.\ TT commander. At major crime scenes or following major incidents, the DMA TT commander or designee will coordinate with the Public Information Officer of the jurisdiction(s) invo lved to ensure appropr:a te and accurme news releases are made . The Dl\,U TI co mmand er or designee will ens ure that e3ch member agency rec"ive s equal public recogn ition fo r publi cized Team operations . Duration: The term of this MOU is for the duration of the Team ·s operation . Any panicipating agenc y ma y withdraw from the Team at an y time by wri nen notifi cation to the Team commander at least 30 days prior to withdrawal. Upon termination of the MOU, all equipment rrovid ed by the DMA TT will be returned to the Team . Modification: This agreement may be modified at any time by wrinen consent of all panicipating agencies through the Team Commander. Modifications to this MOU shall have no force and effect unle ss suc h modifications are reduced to writing and signed by an authorized representative of each participating agency. Forfeitures: The agenc y filing the criminal case will be responsible for proc es sing assets seized for forfeirure in conjunction with Team operations sset orfeirures will be conducted in accordance with rul es and regulation set forth by cbe Federal government or the State of Colorado :ind OMA TT Operational Guidelines. Participating agencies agree that any • recoverable forfeirure, attributable to a Team investigation, will be donated to the • Colorado Auto Theft Prevention Authority under the guidelines established in C.R.S. 42- 5-112 (4)(a). Organization: The Teurn Command er will assure that DMA TT has the equipment, training and support necessa.ry co carry out its mission. The Project Director wi ll be the authorized signer for issues related to the DMA TT organization and operation. The permanent Team Supervisor (CSP Sergeant) will have field supervisory responsibi lity of all team members during DMATT act ivities ai.J will ensure that OMA TT Operational Guidelines are followed. Toe Colorado Anorney Gene ra l Office will serve as legal ad visor to DtvL". TT. • • • • Participating Agency signature(s) By signing this Memorandum of UndersUlllding your agency agrees to conditions sci forth in the mer.1orandurn and the Operational Guidelines for the Denver Mc1ro Auto Theft Team . City of En ;,.LeWOl"d, Colorado Ag ency-Safety Services Date-__ / __ / 2005 Please print Agency Nam,, Nan,c •--..,...,.....,,......,-=------- Authorized Signature Chris Olson, Safety Services Director Colonel Mark V. Trostel Chief-Colorado State Paa-ol • • COUNCI L COMMUNICAT ION Dale: M.irch 7, ~005 Age nd a It em: 11 a i Subject: D enve r M etro Aut o Th eft Tas k Force MOU. lniliatcd By: St aff Source: Sa iety Se rvices Di visio n Ch ief Tom Va nd ermee COUNC IL GOAL AND PREV IOUS COUNCI L ACTION The re ha s bee n no pr,•vious Coun ci l acti on on thi s it em. RECOMMENDED ACTIO N Th e D epartment of Safe ty Se rvices, Poli ce Divisio n, is reco mm ending th at Council approve a Bill fo r an O rdinan ce aut hori zing and appro ving a memorand um of und ersta ndin g w ith th e Sheri ffs1 Chi els, o r oth er Law Enfo rce ment Agen cy Direc tors (or th eir des ign ees) w ho par ti cipa te in th e Denver Metro A uto Th eft Tea m. B,IC KGROUND , ANALYSIS , AND ALTERN ATIVES IDENTIFIED The mnnh ers of aut o th efts through out th e D enve r Metro area have in crease d signifi ca nt ly. In Englewood alon e, there were 457 auto th efts in 2004. It has also be en recognized th at a large numb er of th ese th efts are co m111itt ed by indi viduals or groups of indi vi duals who are not res tri cted in an y way to co mmilt ing th ese offenses within th e jmi sdi cti on of a sin gle ag ency. To th at end, th e D enver M etro Au to Th eft Team (DMATT ) was fo rm ed as one o f th e in ves ti ga ti ve and enfo rce ment groups o f th e Colorado Auto Th eft Pr eve nti on Auth ority. Th e mis sion of th e DMATT :s to combat auto th eft s and ve hi cle insuran ce fra ud. By sharing both perso nn el and capi tal reso ur,:e s th e DMATf can take an orga niz ed app roac h to inves ti gati ng th es e crimes. Suc h gro ups 11a v t:ilr e.:ady bee n form ed in ti,e N orth M etro area and in Colorad o Spr in gs. FINANC AL IMP ACT The Co lorado Aut o Theft Pr eve nti on Auth ori ty is fund ed by th e in su rance agencies thr ough an as sess ment on incl i\ iclua l aut o insu ran ce pr~mium s. The fi nan ci al imp ac t on the Ci ty of Englewoo d is limit ed to the use of cap ita l equ ip ment and perso nn el during joint inv es ti gati ve ass ig nm ent s. O ve rtim e ex pendi tu res incurr ed by th e City are reim bu rsed up to SB, I 00 per detec tive. Eng lew ood will h;we one detec tive ass igned to the team. LIST Of ATTACHMENTS City of Engl ew ood 2004 Auto Th eft Statisti cs. Bill for an O rdinan ce. • • • ENGLEWOOD DEPARTMENT OF SAFETY SERVICES CRIME ANALYSIS UNIT OFFE NS E INFORMATION : Motor Vehicle Thefts TIME PER IO D: 2004 DISTRICT I DISTRICTII DISTR ICT Ill TOTA LS MOTOR VEHICLE THEFT 50 +-,---,0,------, ........ .--11--,......,-,-l 40 µr-c,--3'ia:-::7'11'-_~licll!!Jllllz,!M 30 20 10 JAN FE B MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1-2002 -2003 -2004 !