Resolution No. 6088
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RESOLUTION NO. 6088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF VERNON POLICE DEPARTMENT
AND THE CALIFORNIA HIGHWAY PATROL (CHP)
REGARDING CHP-ORIGINATED DRUG INVESTIGATIONS
WHEREAS, the California Highway Patrol (CHP) maintains a
requesting local police departments either to take over
8 entirely or to assist with drug investigations inVOlving major drug
9 trafficking and extensive investigation occurring within the
10 jurisdiction of the local police departments; and
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WHEREAS, the Area Commander of the East Los Angeles Area
12 of the CHP has prepared a Memorandum of Understanding (MOU) for
13 execution by the Police Chief on behalf of the City of Vernon
14 Police Department and by himself on behalf of the CHP, concerning
15 this policy; and
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WHEREAS, the City Council of the city of Vernon has
17 reviewed this MOU and determined that the City of Vernon Police
18 Department will retain the ability to decide whether or not to take
19 over each such investigation.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
23 finds and determines that the recitals contained hereinabove are
24 true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
26 approves the MOU and authorizes the Police Chief to execute the
27 MOU, a copy of which has been presented to the City Council
28 concurrently with this resolution, on behalf of the Police
Department of the City of Vernon.
1 SECTION 3: The City Council of the City of Vernon hereby
2 orders said MOU to be received and filed by the City Clerk.
3 SECTION 4: The City Clerk of the City of Vernon shall
4 certify to the passage of this resolution, and thereupon and
5 thereafter the same shall be in full force and effect.
6 APPROVED AND ADOPTED this 27th day of April, 1992.
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11 BRUCE V. MALKENHORST, Cl. ty Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, ci ty Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6088, was duly adopted by the City Council of the
6 City of Vernon at an adjourned regular meeting of the City Council
7 duly held on Monday, April 27, 1992, and thereafter was duly signed
8 by the Mayor of the City of Vernon.
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BRUCE V.
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(SEAL)
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MEMORANDUM OF UNDERSTANDING
C.H.P. ORIGINATED DRUG INVESTIGATIONS
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3 MEMORANDUM OF UNDEttSTANDING
4 This is a Memorandum of Understanding (MOU) between the
5 city of Vernon police Department (Vernon police Department) and the
6 California Highway Patrol (CHP) , East Los Angeles Area, regarding
7 drug investigations originated by the CHP. The distribution of any
8 funds or property acquired as a result of asset forfeiture in these
9 cases will be negotiated on a case by' case basis.
10 PURPOSE
11 The purpose of this MOU is to establish when the Vernon
12 police Department shall be notified and offered the opportunity
13 either to handle or to assist in narcotics investigations involving
14 major drug trafficking and extensive investigation originated by the
15 California Highway Patrol.
16 CALL-OUT PROCEDURES
17 When the CHP has located drugs which meet any of the
18 following established criteria as contained in section 11470 of the
19 Heal th and Safety Code, the Vernon police Department sh.all be
20 notified by the CHP and asked to respond to the scene of the
21 discovery.
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1. 7.125 grams or more of a substance containing either
heroin or cocaine base, as specified in paragraph (1)
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of subdivision (f) of section 11054 of the Health and
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Safety Code.
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1 MEMORANDUM OF UNDERSTANDING
C.H.P. ORIGINATED DRUG INVESTIGATIONS
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2. 14.25 grams or more of a substance containing a
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Schedule I controlled substance or a substance
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containing cocaine, as specified in paragraph (6) of
subdivision (b) of section 11055 of the Health and
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Safety Code, or methamphetamine, except marijuana,
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peyote, or psilocybin.
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3. 5 pounds dry weight or more of marijuana, peyote, or
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psilocybin.
4. Any sizeable quantity of drugs which may require
expertise in drug interdiction, including, but not
limited to, K-9 drug alert.
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When the Vernon police Department is notified of drug
15 investigations which meet the aforementioned criteria, they either
16 will decline to respond telephonically or arrive at the scene within
17 a reasonable amount of time. If, after a reasonable amount of time
18 has elapsed, the Vernon police Department has not responded, then
19 another law enforcement agency may be notified. Upon the arrival of
20 the Vernon police Department, they either may decline to handle the
21 investigation, they may assist in the investigation, or they may
22 take over the case and complete the investigation to its conclusion.
23 Under no circumstances shall the Vernon police Department be
24 obligated to handle narcotics investigations originated by the CHP
25 without the Vernon police Department having made an affirmative
26 decision to take over each such investig~tion.
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1 MEMORANDUM OF UNDERSTANDING
C.H.P. ORIGINATED DRUG INVESTIGATIONS
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DURATION AND TERMINATION PROVISIONS
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Any party to this agreement desiring to terminate
participation shall notify the other in writing of their intent to
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withdraw. withdrawal from participation in this agreement shall not
take effe<;:;t sooner than ten (10) days from the date of said
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notification.
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The parties agree that this MOU shall be effective upon
approval and shall remain in full force and effect until any party
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has withdrawn from participation.
It is further agreed by the
parties that certain portions of this agreement may require
amendments during the term of this MOU if the governing bodies of
the parties so direct.
If any provision of this MOU is held invalid or
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unconstitutional, such decision shall have no effect on the validity
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of the remaining provisions of the MOD, and such remaining
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provisions shall continue to remain in full force and effect.
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AGREED HERETO BY THE PARTIES WHOSE SIGNATURES APPEAR BELOW:
Date:l1~ Il~/ '9~ L
Date: ~ .t /9f'c-
CITY OF VERNON
POLI DEPARTMENT
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26 APPROVED AS TO FORM:
27 D ~\l.~ An - Ot)/,
DAVID B. BREARiE~~ttorney
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