Resolution No. 2010-130RESOLUTION NO. 2010-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING RELATING TO
PARTICIPATION IN THE LOS ANGELES COUNTY TASKFORCE
FOR REGIONAL AUTOTHEFT PREVENTION
WHEREAS, the Los Angeles County Sheriff's Department has
created a,multi-agency task force called the "Taskforce for Regional
Autotheft Prevention" ("TRAP") for the purpose of promoting a
coordinated effort and encouraging maximum cooperation between all law
enforcement and prosecutorial agencies in Los Angeles County to deter
and reduce the incidents of vehicle theft, to increase the recovery
rate of stolen vehicles, to identify trends and patterns in vehicle
theft, to provide training and expertise to participating agencies
countywide, and to coordinate a deterrence program in conjunction with
the private sector in Los Angeles County; and
WHEREAS, on July 12, 2005, the City Council of the City of
Vernon adopted Resolution No. 8803 approving a memorandum of
understanding for participation in the TRAP Program; and
WHEREAS, participation in the TRAP program has enhanced the
Vernon Police Department's ability to enforce auto theft laws and has
allowed the assigned detective to gain vast experience and knowledge
in the field of auto theft investigations; and
WHEREAS, City staff has recommended that the City continue
to be a participant in the TRAP program and that a Memorandum of
Understanding be approved and executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding for the Taskforce for
Regional Autotheft Prevention program, which is attached hereto as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Chief of Police to execute said MOU for, and on behalf
of, the City of Vernon and the City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes specified in the Memorandum
of Understanding.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send four (4)
executed Memoranda of Understandings to:
Captain Terence P. Judge,. Project Director
Taskforce for Regional Autotheft Prevention
9040 Telstar Avenue, Suite 115
El Monte, CA 91731-2831
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SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.'
APPROVED AND ADOPTED this 20th day of September, 2010.
ATT T: ,
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• �s,�t!!!• • •iI City Clerk
Name: Hilario Gonzales
Title: Mayor
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi,.City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-130, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council -duly
held on Monday, September 20, 2010, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this '4 day of September, 2010, at Vernon, California.
Willard G. a ag bli, City Clerk
(SEAL)
4
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
TASKFORCE FOR REGIONAL AUTOTHEFT
PREVENTION
TRAP
MEMORANDUM OF UNDERSTANDING
PART I
BACKGROUND, MISSION STATEMENT, AND
MANAGEMENT STRUCTURE
ARTICLE 1: TASK FORCE ESTABLISHED
On July 28, 1992 the Los Angeles County Board of Supervisors implemented by
Resolution, Vehicle Code Section 9250.14 (SB 2139) in Los Angeles County, to
impose an additional one dollar vehicle registration fee on vehicles registered in
the County. The revenue generated is designated for use in the deterrence,
investigation, and prosecution of vehicle theft in Los Angeles County. The
Sheriff, as Regional Coordinator in this effort, with the Chief Administrative
Officer (CAO), in conjunction with the Countywide Criminal Justice Coordination
Committee (CCJCC) has developed a consolidated vehicle theft curtailment
program to integrate resources against vehicle theft.
On October 11, 2009, Assembly Bill 286 was passed and signed into law.
This bill extends the provisions of Vehicle Code Section 9250.14 until
January 1, 2018.
The undersigned do hereby join together to forma consolidated task force for the
purpose of integrating investigative and prosecutorial resources to address the
expanding vehicle theft problem in Los Angeles County. This Agreement shall
become effective when signed and executed by the Regional Coordinator and
the other respective participating member agencies.
ARTICLE 2: PROGRAM NAME
The name of this Program shall be "Taskforce for Regional Autotheft Prevention"
(TRAP).
ARTICLE 3: MISSION STATEMENT
The mission of the "Taskforce for Regional Autotheft Prevention" (TRAP) is to
promote a coordinated effort and encourage maximum cooperation between all
law enforcement and prosecutorial agencies in Los Angeles County to deter and
reduce the incidents of vehicle theft, to increase the recovery rate of stolen
vehicles, to identify trends and patterns in vehicle theft, to provide training and
expertise to participating agencies countywide, and to coordinate a deterrence
program in conjunction with the private sector.
3.1: TRAP will target, investigate, and prosecute individuals. involved in
vehicle theft, particularly those professional thieves who organize,
direct, finance, or otherwise engage in commercial vehicle theft for
profit.
3.2: TRAP will identify locations used in connection with vehicle theft
offenses, including legitimate "front" business locations (i.e., body
shops and auto dismantlers) which operate as commercial "chop
shops`', and take appropriate action.
3.3: TRAP will provide training and expertise for participating agencies
throughout Los Angeles County.
3.4: TRAP will seek input and solicit cooperation from the private sector
to coordinate a public deterrence program.
ARTICLE 4: THE BOARD OF ADVISORS
In keeping with the multi -agency concept of this Program, the Countywide
Criminal Justice Coordination Committee, (CCJCC), through its Executive
Steering Committee, will act as the Board of Advisors for TRAP and will be
responsible for advising the Los Angeles County Sheriff on policy and overall
strategy for the Program.
ARTICLE 5: THE REGIONAL COORDINATOR
The Sheriff shall administer the policy, procedures and affairs of TRAP, subject
to the recommendations of the CAO and the CCJCC, through its Executive
Steering Committee.
The Sheriff shall 'direct the Project Director to purchase/lease
equipment, assets, office space, and resources to support the
investigative, prosecutorial, and deterrence functions of the
Program.
5.2: The Sheriff shall ensure that accurate books of account, showing in
detail all financial transactions relating to TRAP, including all costs,
expenses or charges paid, are maintained.
5.3: All books and records shall be open to inspection at all times during
normal business hours by any authorized representative of
participating agencies.
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5.4: The Sheriff shall direct the Project Director to cause the books of
account and other financial records to be audited annually.
5.5: The Project Director shall prepare and submit to the Sheriff and the
CCJCC Executive Steering Committee in time for revision and
adoption by it, prior to July 1st of each fiscal year, the annual
budget of TRAP for the next succeeding fiscal year.
ARTICLE 6: THE PROJECT DIRECTOR
The Project Director will be selected by the Sheriff, after considering the
recommendations of the CCJCC Executive Steering Committee, and shall be of
senior law enforcement management rank that will provide a wide range of
operational authority to TRAP.
6.1: The Project Director is responsible for planning, staffing, directing,
organizing, coordinating, budgeting, auditing, and reporting all
tasks, functions, and resources of TRAP.
ARTICLE 7: AMENDING THE MEMORANDUM OF UNDERSTANDING
The MOU may only, be amended upon recommendation by the Sheriff, following
consultation with, and agreement by, the CCJCC Executive Steering Committee
and the CAO. All participants will be notified immediately of any proposed
changes to this MOU:
ARTICLE 8: PARTICIPANTS
TRAP will be comprised of law enforcement personnel from Los Angeles County
including Police Officers, Sheriff's Deputies, CHP Investigators, and Prosecutors
and may include, in a non -reimbursed capacity, agents from the FBI, the National
Insurance Crime Bureau, U.S. Customs, the Department of Motor Vehicles
and/or other concerned agencies, at the discretion -of the Project Director.
ARTICLE 9: TERMINATION OF PARTICIPATION
Participation in TRAP by a participating agency shall continue until termination in
the manner hereafter provided.
9.1: Termination shall become effective 60 days following the giving of
written notice of termination of participation by the participating
agency to the Project Director. This 60 day period will provide for
the timely transfer of assignment and selection of replacement
personnel.
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ARTICLE 10: DISTRIBUTION OF ASSETS SEIZED
TRAP, when developing case investigations, shall use both civil and criminal
forfeiture statutes in the seizure of assets. State and federal asset seizure
programs will be utilized by TRAP. It is agreed .that the assets seized by`TRAP
will be used to enhance future TRAP operations. Individual seizures in excess
of $1,000,000 shall be reviewed by the CCJCC Executive Steering Committee for
a recommendation to the Sheriff on appropriate disbursement. In the event a
decision is made to disburse any excess assets, they shall be divided based on
the following formula, developed by mutual consent:
10.1: It is agreed that 75% of the involved assets will be divided among
the participating member agencies.
10.1a The formula for distribution will be 33% for LASD, 33% for LAPD,
and 33% for other involved agencies, disbursed through the Los
Angeles County Police Chiefs' Association.
10.2: The remaining assets, (25%) shall be disbursed to the TRAP
Program Operating Fund upon approval by the CCJCC Executive
Steering Committee.
10.3: Disbursement will be calculated after administrative costs and
federal and state costs have been deducted.
ARTICLE 11: TERMINATION DATE
Funding for the Program expires on January 1, 2018, with an option for
legislative extension. The Program will dissolve on that date unless the
California State Legislature acts to continue the funding and the participants
subsequently agree to continue participation. This agreement shall remain in full
force and effect through December 31, 2017 unless otherwise terminated in
accordance with this Agreement and the Memorandum of Understanding.
ARTICLE 12: DISPOSITION OF -ASSETS UPON DISSOLVEMENT OF TRAP
Upon dissolvement of TRAP any assets acquired by TRAP during the period of
operation and still on hand shall be distributed to participating agencies, on the
basis of appraised value at the time of dissolution, based on the following
formula:
12.1: Los Angeles County Sheriffs Department, 33%.
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12.2: Los Angeles Police Department, 33%.
12.3: Other Participating Agencies, 33%.
12.4: Operation and maintenance of the Auto Theft Information Network
(ATIN), shall remain with the Los Angeles County Sheriffs
Department.
k,
PART II
OPERATIONAL STANDARDS, STRUCTURE, AND
PERSONNEL
ARTICLE 1: ' OPERATING STANDARDS
All matters governing operating standards and procedures will be accomplished
within Constitutional guidelines, insuring the rights of citizens, and considering
the duty of law enforcement to deter crime and detect, arrest, and prosecute
individuals engaged in illicit activity.
ARTICLE 2: STRUCTURE.
TRAP will consist of three Groups: the Headquarters Group, the West
Investigative Group, and the East Investigative Group.
2.1: The Headquarters Group shall be responsible for the administrative
operation of the TRAP program including the Auto Theft Information
Network (ATIN).
2.2: The West Investigative Group shall be responsible for enforcement
activities within specifically defined areas in the western portion of
Los Angeles County. Boundaries shall be determined by the
Project Director and shall include all incorporated areas of the City
of Los Angeles. The West Investigative Group will consist of two
investigative teams as follows:
2.2a South Team
2.2b West Team
2.3: The East Investigative Group shall be responsible for enforcement
activities within specifically defined areas in the eastern portion of
Los Angeles.County. Boundaries shall be determined by the
Project Director and shall include the area of the County.north of
the northern most boundary of the City of Los Angeles. The East
Investigative Group will consist of two investigative teams as
follows:
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2.3a North Team
2.3b San Gabriel Valley Team
2.4: Team Boundaries, which will be determined by the Project Director,
shall not restrict or prohibit the necessary case follow up,
investigation, or assistance by one team in any other team area.
2.5: Groups and Teams will be established in phases based on the
receipt of necessary funding during the first year and at the
direction of the Project Director.
ARTICLE 3: SUPERVISION
Each Investigative Group will be managed by an Area Lieutenant. Each regional
team will be supervised by a supervisor of the rank of sergeant or supervisory
detective.
3.1: The Area Lieutenants, one LASD and one LAPD, will be appointed
by the respective parent agency. Team Supervisors will be
selected by Area Lieutenants, in consultation with the Project
Director, from candidates submitted by the involved parent
agencies. Selections may involve an interview process and will in
all cases be in full compliance with prevailing parent agency
procedures.
3.2: Area Lieutenants are responsible for the leadership and
management of the teams assigned to their respective Groups.
3.3: Team Supervisors are responsible for the supervision of personnel
assigned to their respective teams, the vehicle theft issues in their
area of responsibility, and the tasks assigned to their teams.
3.4: Officers assigned to TRAP will work full time under the direct daily
supervision of Area Lieutenants and Team Supervisors. Area
Lieutenants and Team Supervisors will be under the supervision of
the -Project Director and all members will follow the policies,
procedures, and guidelines enacted for the Program.
Should any of the aforementioned policies, procedures, or
guidelines conflict with the policy, procedures, guidelines, training
or tactical guidelines of a participating parent agency, the individual
member will immediately bring the conflict to the attention of a
supervisor. The individual member shall abide by the directives of
the parent agency until such conflict is resolved. The Project
Director shall ensure that the appropriate action to resolve the
conflict is initiated without delay.
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ARTICLE 4: PERSONNEL SELECTION
Participating agencies shall nominate experienced investigators and qualified
investigative trainees for assignment to TRAP. All investigative positions shall
be filled by sworn personnel only. Final personnel selection decisions will be
made by the Project Director, in consultation with the concerned agency heads.
Selection may involve an interview process.
4.1: Agency representation will be based on agreed upon funding levels.
4.2: Based on the expertise required to conduct vehicle theft
investigations, a one year minimum assignment is strongly
recommended for TRAP personnel. Nothing in this agreement
prevents an individual from returning to the parent agency for any
reason based on agreed upon procedures.
4.2a Personnel may be terminated from the Program and returned to
their respective parent agencies for failure to adhere to Program
policies and procedures, at the discretion of the Project Director, in
consultationwith concerned agency heads.
4.2b Personnel suffering injury or illness resulting in extended absence
or light duty status may be evaluated and returned to the parent
agency at the discretion of the Project Director, in consultation with
concerned agency heads.
ARTICLE 5: PROSECUTORIAL SUPPORT
At the inception of TRAP a Deputy District Attorney will be assigned to advise,
assist, and coordinate prosecutorial activity.
These positions will be fully reimbursed by the Program. TRAP officers will
continue to have access to respective Branch Offices for prosecutorial support, at
no additional cost to the Program. During subsequent years of operation,
prosecutorial participation will be evaluated and modified, if appropriate, based
on work load and budget considerations.
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ARTICLE 6: CASE PRIORITIZATION
Case priorities will be determined by, but not limited to, the sophistication of the
enterprise, community impact, personnel and/or equipment availability, and
workable investigative leads.
6.1: It shall be the policy of the Program to respond to requests for case
development assistance from member agencies whose situation
demands expertise or resources beyond their existing limitations,
based on the availability and priorities of TRAP. If TRAP
assistance is provided and TRAP becomes extensively involved in
an ongoing investigation, TRAP may elect, by mutual agreement, to
become the primary investigative unit on the case.
6.2: Proactive enforcement will be the primary activity of TRAP Teams
and will include suspect and location identification, investigation,
report preparation, and suspect arrest and prosecution. All
manner of vehicle theft will be targeted but emphasis will be placed
on professional, commercial auto theft operations.
ARTICLE 7: AUTO THEFT INFORMATION NETWORK (ATIN)
TRAP will develop a computerized, centralized, one stop vehicle theft incident
and criminal history information center with crime analysis capability for use by
law enforcement agencies.
ARTICLE 8: CRIME PREVENTION
TRAP will coordinate a vehicle theft prevention program utilizing private sector
support, community groups, and the media to inform and educate the citizens of
Los Angeles County regarding the vehicle theft problem. The intent of this
program will be to enhance public awareness and encourage community
participation to deter vehicle theft.
PART III
ADMINISTRATIVE GUIDELINES
ARTICLE 1: POLICY
All members of TRAP will be expected to conform to their parent agency's
policies, procedures, and tactical guidelines as well as any additional policies and
procedures set forth by TRAP.
ARTICLE 2: REPORTING FORMAT
Investigative reports will be completed in a timely manner and will describe
activities fully, exactly and plainly. Copies of all case reports will be kept in the
respective Team office under an in-house file number until completion of the
case, at which time reports will be maintained in a centralized records retention
file, managed by TRAP, pursuant to standardized document destruction
procedures. Original copies of case reports will be forwarded to the involved
parent law enforcement agency for required distribution and record keeping. All
appropriate information will be entered into the ATIN system.
2.1: Report forms used to document case activities will be those
employed by the Los Angeles County Sheriff's Department.
ARTICLE 3: RELEASE OF INFORMATION
Large scale investigations are sensitive. Protection of sources of information
and managing information about areas of criminal activity are absolutely
essential. Dissemination of information and reports will be done on a
"need-to-know/right-to-know" basis in compliance with existing state and federal
laws. Questions about the appropriateness of releasing case information will be
referred to the Project Director, who will coordinate the dissemination of
information.
3.1; TRAP will cooperate with the news media to assist them in
obtaining information on matters of public interest. However,
certain information must remain confidential in order to protect the
Constitutional rights of the accused, to avoid interfering -with a
TRAP investigation, or because it is legally privileged.
3.2: The Project Director is responsible for the dissemination or
coordination of press releases. All participating agencies will be
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notified, time permitting, prior to any media releases. Notification
will be made in all cases prior to any formal press briefing.
ARTICLE 4: ACTIVITY REPORT
Team Supervisors will prepare monthly activities reports detailing team activities
for each Area Lieutenant. These activities reports will be forwarded to the
Project Director and will serve as the basis for quarterly reports to the Sheriff and
the CCJCC Executive Steering Committee. The Project Director will submit a
quarterly operational report within 15 days of the close of a calendar quarter.
Copies of the quarterly report will be forwarded to all participating agencies.
ARTICLE 5: DOCUMENT SECURITY
All reports and records will be designated CONFIDENTIAL. This material will be
secured under lock and key when unattended. Access to files will be on a
"need-to-know/right-to-know" basis. Case files being actively worked will be
kept under the direct control of TRAP until the investigation is concluded. Cases
with no workable leads, or cases that have not been worked after one year, will
be handled pursuant to lawful standardized document destruction procedures.
At no time will official reports or evidence be kept or stored anywhere but the
designated offices of TRAP or the evidence room or records section of the
involved parent agency. The management of information will always be done in
strict accordance with applicable local, state, and federal laws.
5.1: Monthly Activities Reports and other such similar TRAP materials
are prepared specifically for the members of the CCJCC Executive
Steering Committee and shall be considered and marked
CONFIDENTIAL.
ARTICLE 6: MULTI -AGENCY CONCERNS
6.1: Citizen Complaints
Any complaint from an individual alleging misconduct by personnel
of TRAP will be directed to the appropriate Area Lieutenant for
immediate assignment and preliminary fact finding.
The Area .Lieutenant will immediately notify the Project Director.
The Project Director will notify the concerned officer's parent
agency and provide them with all available information regarding
the incident. Final determination of investigative responsibility will
be made following discussion with the parent agency. Disciplinary
action will be recommended and approved solely by the concerned
parent agency.
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6.2: Employee Evaluation
Area Lieutenants and Team Supervisors will assist appropriate
parent agency supervisors in completing fair and objective
evaluations for rating periods involving task force assignments.
The parent agency evaluation form will be used.
6.3: On -Duty Traffic Collisions
6.3a Non -Injury
If a TRAP officer is involved in a traffic collision while on -duty NOT
resulting in injury or death, the Area Lieutenant shall make the
following notifications:
1. The Project Director
2. A supervisor from the involved officer's parent agency
3. A supervisor from the policing agency where the incident
occurred.
Appropriate reports will be completed in compliance with legal
requirements and parent agency policy.
6.3b Injury or Death
If a TRAP officer is involved in a traffic collision while on -duty which
results in injury or death the Area Lieutenant shall make the
following notifications:
1. The Project Director who will immediately notify the
Sheriff and the Chairperson of the CCJCC Executive
Steering Committee.
2. A supervisor from the involved officer's parent agency.
3. A supervisor from the policing agency where the incident
occurred.
4. The California Highway Patrol.
Appropriate reports will be completed in compliance with legal
requirements and parent agency policy.
6.4: When a TRAP officer is injured on -duty, the Area Lieutenant will
notify the Project Director. An involved parent agency supervisor
will be notified and procedures will be followed as required by the
concerned parent agency. In case of an emergency, the officer
will receive immediate medical attention in the most expedient
manner. In order to assist the Area Lieutenant in ensuring an
officer's injury is treated without delay, every officer assigned to
TRAP will supply a supervisor with medical emergency notification
information that will be maintained at the respective team office and
TRAP Headquarters office.
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6.5: Use of Force incidents will be reported as required by parent
agency guidelines.
6.5a An officer involved shooting incident resulting in injury or death
during the performance of duty will require the immediate
notification of the following:
1. The Project Director, who will immediately notify the
Sheriff and the Chairperson of the CCJCC Executive
Committee.
2. A supervisor from the involved officer's parent agency.
3. A supervisor from the agency in which the incident took
place.
4. The LASD Homicide Bureau.
5. The LAPD Robbery Homicide Officer Involved Shooting
Team for LAPD involved cases.
6.5b Investigative and reporting responsibility will be determined
following consultation with involved agency representatives and will
be in compliance with all parent agency guidelines. Nothing in this
agreement precludes concurrent investigations by involved
agencies. The District Attorney's rollout team will be notified if the
'parent agency of the involved officer requests it. If there is a
conflict between parent agency policies when multiple jurisdiction
officers are involved, the District Attorney's rollout team will be
notified.
6.5c Any'non hit shooting or accidental discharge shall immediately be
reported to the Area Lieutenant for preliminary investigation. The
Area Lieutenant will respond and notify the Project Director who will
notify the supervisor from the involved officer's parent agency.
Investigative and reporting responsibility will be determined
following consultation with the involved agency representatives and
will be in compliance with all parent agency guidelines.
6.6: Every officer assigned to TRAP will carry a firearm in accordance
with his/her department policies and procedures. 'Applicable
parent agency policies concerning the use of firearms shall apply.
Any firearms carried by TRAP officers must be approved by the
concerned parent agency. TRAP officers shall comply with their
respective parent agency firearms qualification requirements.
6.7: Each member agency shall be solely liable for any and all
damages, including attorney's fees, resulting from the acts or
omissions of its own employees, including those employee of or
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assigned to TRAP, and shall indemnify and hold harmless each
other member agency for said acts and omissions.
6.8: Each agency is responsible for any worker compensation, sick,
injured on duty, or similar benefits incurred by or due its employees.
ARTICLE 7: TRAINING
All required. parent agency training shall be attended by assigned personnel. A
Team Supervisor shall be notified of scheduled training as soon as possible.
TRAP will schedule additional training consistent with TRAP's stated mission and
goals.
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PART IV
FISCAL GUIDELINES
ARTICLE 1: SOURCE OF FUNDING
Revenue for TRAP as outlined in the following sections from Vehicle Code
Section 9250.14, (AB 286):
9250.14. (a) (1) In addition to any other fees specified in this code and the
Revenue and Taxation Code, upon the adoption of a resolution by any county board of
supervisors, a fee of one dollar($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in subdivision (a) of Section
5014.1, registered to an address within that county except those expressly exempted
from payment of registration fees. The fees, after deduction of the administrative costs
incurred by the department in carrying out this section, shall be paid quarterly to the
Controller. (2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program, and as part of the
Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to
Section 9400.1 registered to an owner with an address in the county that established a
service authority under this section, shall pay an additional service fee of two dollars
($2)•
(b) Notwithstanding Section 13340 of the Government Code, the money paid to the
Controller is continuously appropriated, without regard to fiscal years, for the
administrative costs of the Controller, and for disbursement by the Controller to each
county that has adopted a resolution pursuant to subdivision (a), based upon the
number of vehicles registered, or whose registration is renewed, to an address within
that county.
(c) Except as otherwise provided in this subdivision, money allocated to a county
pursuant to subdivision (b) shall be expended exclusively to fund programs that
enhance the capacity of local police and prosecutors to deter, investigate, and
prosecute vehicle theft crimes.In any county with a population of 250,000 or less, the
money shall be expended exclusively for those vehicle theft crime programs and for the
prosecution of crimes involving driving while under the influence of alcohol or drugs, or
both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or any combination
of those crimes.
There will be no personnel or equipment costs to participating agencies. Revenue may
not be used to fund existing budgeted programs or personnel and participating agencies
may not charge any indirect costs for administration or implementation of this
agreement.
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ARTICLE 2: PROGRAM OPERATING FUND
Monies will be received by the County of Los Angeles and placed in a single
County fund, overseen by the Sheriff, as a Program Operating Budget.
Participating agency personnel will be provided with necessary assets, supplies,
and equipment, including vehicles, communication equipment and technical tools
from the Program Operating Budget.
ARTICLE 3: FUNDING LEVELS
Funding for operating costs will be made from the Program Operating Budget at
the following levels:
3.1: Overhead costs not to exceed 33% of the total Program Operating
Budget shall be set aside to fund administrative and support costs
associated with the Program which include the following:
3.1a Any salaries for non investigative personnel
3.1 b CHP salary, benefits and equipment (one per team)
3.1 c Support staff equipment procurement
3.1d The creation of an Auto Theft Information Network (ATIN),
centralized computerized system.
3.2: Participating agencies agree to assign personnel to TRAP. All
personnel assigned to TRAP will be paid by their respective
agencies.
Expenditures for task force field personnel, including salary,
benefits, overtime and equipment will be funded from the remaining
66% of the Program -Operating Budget. Salary, benefits and
overtime expenditures will 'be reimbursed to participating agencies
at the following funding/staffing levels:
3.2a Los Angeles County Sheriffs Department, 33%.
3.21b Los Angeles Police Department, 33%.
3.2c Other Participating Agencies, 33%.
3.3: All .overtime will be reimbursed from the Program Operating
Budget.
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3.3a No overtime will be allowed unless by prior approval of an Area
Lieutenant.
3.3b All personnel will, as required, work beyond their normal work day
or respond to call outs as, deemed necessary by the Area
Lieutenant or Team Supervisor.
3.4: TRAP will provide vehicles to assigned personnel. Involved parent
agencies agree to provide liability/hold harmless coverage pursuant
to established parent agency procedures.
3.5: Any excess funds not expended from the administrative and
support costs may be diverted to the personnel costs, quarterly, at
the discretion of the Project Director.
3.6: The administrative and support funding levels may be adjusted by
the Sheriff, upon recommendation of the Project Director, the
CCJCC Executive Steering Committee, and the CAO.
3.7: The Project Director shall prepare a quarterly report which
describes revenues and expenditures for the prior quarter as well
as year to date. The report shall include administrative, payroll,
overtime, investigative, and equipment expenditures.
ARTICLE 4: SPECIAL FUNDS
A special fund shall be established, to which members of TRAP may charge
expenditures as necessary in the performance of the duties of the Program.
Special funds expendituresare those authorized expenditures by TRAP
personnel incurred while working undercover or on surveillance and must be
directly related to program maintenance, and/or investigative expenses. The
Project Director shall maintain this fund in the amount of $10,000 through the
year. Expenditures shall have the prior approval of the Project Director. A
numbered receipt and. ledger system requiring the signature of the Area
Lieutenant and a Team Supervisor will be required for all expenditures denoting
the appropriate reason for the expenditure.
ARTICLE 5: LOSS OF MONIES
In the event monies are lost, stolen, or otherwise not accounted for, the Project
Director will immediately initiate an investigation.
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ARTICLE 6: CREDIT CARDS
The Project Director may apply for, receive, and authorize the use of credit cards
for the sole purpose of conducting TRAP business.
ARTICLE 7: FUND ADMINISTRATION
The fund will be administered by the Los Angeles County Sheriffs Fiscal
Services Office.
7.1: Day to day fiscal management, accounting, and record keeping will
be done by the Sheriffs Department Fiscal Services Office and the
Project Director.
7.2: Participating agencies shall maintain current and accurate records
of account -of all obligations and expenditures for respective
assigned personnel.
Agencies seeking reimbursement for TRAP activities shall submit a
detailed statement of expenses in a prescribed format to the Project
Director within 30 days following the end of each quarter. Only
basic salary, benefit and related overtime costs (at time and one
half) will be reimbursed by TRAP. Upon approval by the Project
Director, a claim for reimbursement will be forwarded to the Los
Angeles County Sheriffs Fiscal Services Office for payment within
30 days. Requisitions for materials and services related to TRAP
must have the prior approval of the Project Director. Approved
expenses will be forwarded to and paid by the Los Angeles County
Sheriffs Fiscal Services Office.
W;
THIS AGREEMENT, incorporating herein by reference the terms of the Memorandum of
Understanding, is made and entered into this day of ,
2010, by and between the City of Vernon, a California chartered city and municipal
corporation, hereinafter referred to as VPD, and the Taskforce for Regional Autotheft
Prevention, hereinafter called TRAP.
TRAP will reimburse the VPD for salary and benefits for one (1) Investigator, on a full
time basis, including overtime incurred during participation in the Taskforce.
WITNESSETH: By and in consideration of the covenants and conditions herein
contained, TRAP and the VPD do hereby agree as follows:
1. VPD agrees to assign one (1) Investigator to TRAP.
2. The VPD Contact Coordinator will be` -'CAPTAIN DANIEL CALLEROS
3. Should the VPD desire to terminate its participation in the Task force, notification
in writing to the Project Director is required. The termination shall be deemed to
take effect not less than sixty (60) days after the receipt of written notification.
4. This agreement may be amended by written mutual consent of both parties
hereto.
5. The VPD agrees to invoice TRAP on a monthly or quarterly basis. The VPD,
Accounting Section, will send all invoices to:
TRAP
9040 Telstar, Suite 115
El Monte, CA 91731
6. In the event of unforseen emergency or disaster, this agreement may be
canceled by either party without prior written notice.
CITY OF VERNON COUNTY OF LOS ANGELES
Police Department Sheriff's Department
Date:
JAMES P. RODINO
INTERIM CHIEF OF POLICE
APPROVED AS TO FORM
Office of the County Counsel
Principal County Counsel
ATTEST:
WILLARD G. YAMAGUCHI, CITY CLERK
Date:
LEROY D. BACA
SHERIFF
County of Los Angeles
Sheriff's Department
4700 Ramona Boulevard
Monterey Park, CA 91754
19
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: September 28, 2010
TO: Daniel Calleros, Police Captain
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 20 10- 13 0 — A Resolution of the City Council of the City of
Vernon Approving and Authorizing the Execution of a Memorandum of
Understanding Relating to Participation in the Los Angeles County Taskforce for
Regional Autotheft Prevention
Transmitted herewith is a copy of Resolution No. 2010-130, referenced above, which was
approved by City Council on September 20, 2010, along with four partially executed original
Memorandums of Understanding for your transmittal.
Upon execution, please ensure that a fully executed original Memorandum of Understanding is
returned to this office.
Thank you.
WY:dj
c: James Rodino
Resolution No. 2010-130
Agreement 10-068
MEMORANDUM OF UNDERSTANDING
TASKFORCE FOR REGIONAL AUTOTHEFT
PREVENTION
TRAP
MEMORANDUM OF UNDERSTANDING
PART I
BACKGROUND, MISSION STATEMENT, AND
MANAGEMENT STRUCTURE
ARTICLE 1: TASK FORCE ESTABLISHED
On July 28, 1992 the Los Angeles County Board of Supervisors implemented by
Resolution, Vehicle Code Section 9250.14 (SB 2139) in Los Angeles County, to
impose an additional one dollar vehicle registration fee on vehicles registered in
the County. The revenue generated is designated for use in the deterrence,
investigation, and prosecution of vehicle theft in Los Angeles County. The
Sheriff, as Regional Coordinator in this effort, with the Chief Administrative
Officer (CAO), in conjunction with the Countywide Criminal Justice Coordination
Committee (CCJCC) has developed a consolidated vehicle theft curtailment
program to integrate resources against vehicle theft.
On October 11, 2009, Assembly Bill 286 was passed and signed into law.
This bill extends the provisions of Vehicle Code Section 9250.14 until
January 1, 2018.
The undersigned do hereby join together to form a consolidated task force for the
purpose of integrating investigative and prosecutorial resources to address the
expanding vehicle theft problem in Los Angeles County. This Agreement shall
become effective when signed and executed by the Regional Coordinator and
the other respective participating member agencies.
ARTICLE 2: PROGRAM NAME
The name of this Program shall be "Taskforce for Regional Autotheft Prevention"
(TRAP).
ARTICLE 3: MISSION STATEMENT
The mission of the "Taskforce for Regional Autotheft Prevention" (TRAP) is to
promote a coordinated effort and encourage maximum cooperation between all
law enforcement and prosecutorial agencies in Los Angeles County to deter and
reduce the incidents of vehicle theft, to increase the recovery rate of stolen
vehicles, to identify trends and patterns in vehicle theft, to provide training and
expertise to participating agencies countywide, and to coordinate a deterrence
program in conjunction with the private sector.
3.1: TRAP will target, investigate, and prosecute individuals involved in
vehicle theft, particularly those professional thieves who organize,
direct, finance, or otherwise engage in commercial vehicle theft for
profit.
3.2: TRAP will identify locations used in connection with vehicle theft
offenses, including legitimate "front" business locations (i.e., body
shops and auto dismantlers) which operate as commercial "chop
shops", and take appropriate action.
3.3: TRAP will provide training and expertise for participating agencies
throughout Los Angeles County.
3.4: TRAP will seek input and solicit cooperation from the private sector
to coordinate a public deterrence program.
ARTICLE 4: THE BOARD OF ADVISORS
In keeping with the multi -agency concept of this Program, the Countywide
Criminal Justice Coordination Committee, (CCJCC), through its Executive
Steering Committee, will act as the Board of Advisors for TRAP and will be
responsible for advising the Los Angeles County Sheriff on policy and overall
strategy for the Program.
ARTICLE 5: THE REGIONAL COORDINATOR
The Sheriff shall administer the policy, procedures and affairs of TRAP, subject
to the recommendations of the CAO and the CCJCC, through its Executive
Steering Committee.
5.1: The Sheriff shall 'direct the Project Director to purchase/lease
equipment, assets, office space, and resources to support the
investigative, prosecutorial, and deterrence functions of the
Program.
5.2: The Sheriff shall ensure that accurate books of account, showing in
detail all financial transactions relating to TRAP, including all costs,
expenses or charges paid, are maintained.
5.3: All books and records shall be open to inspection at all times during
normal business hours by any authorized representative of
participating agencies.
2
5.4: The Sheriff shall direct the Project Director to cause the books of
account and other financial records to be audited annually.
5.5: The Project Director shall prepare and submit to the Sheriff and the
CCJCC Executive Steering Committee in time for revision and
adoption by it, prior to July 1st of each fiscal year, the annual
budget of TRAP for the next succeeding fiscal year.
ARTICLE 6: THE PROJECT DIRECTOR
The Project Director will be selected by the Sheriff, after considering the
recommendations of the CCJCC Executive Steering Committee, and shall be of
senior law enforcement management rank that will provide a wide range of
operational authority to TRAP.
6.1: The Project Director is responsible for planning, staffing, directing,
organizing, coordinating, budgeting, auditing, and reporting all
tasks, functions, and resources of TRAP.
ARTICLE 7: AMENDING THE MEMORANDUM OF UNDERSTANDING
The MOU may only be amended upon recommendation by the Sheriff, following
consultation with, and agreement by, the CCJCC Executive Steering Committee
and the CAO. All participants will be notified immediately of any proposed
changes to -this MOU.
ARTICLE 8: PARTICIPANTS
TRAP will be comprised of law enforcement personnel from Los Angeles County
including Police Officers, Sheriff's Deputies, CHP Investigators, and Prosecutors
and may include, in a non -reimbursed capacity, agents from the FBI, the National
Insurance Crime Bureau, U.S. Customs, the Department of Motor Vehicles
and/or other concerned agencies, at the discretion -of the Project Director.
ARTICLE 9: TERMINATION OF PARTICIPATION
Participation in TRAP by a participating agency shall continue until termination in
the manner hereafter provided.
Termination shall become effective 60 days following the giving of
written notice of termination of participation by the participating
agency to the Project Director. This 60 day period will provide for
the timely transfer of assignment and selection of replacement
personnel.
3
ARTICLE 10: DISTRIBUTION OF ASSETS SEIZED
TRAP, when developing case investigations, shall use both civil and criminal
forfeiture statutes in the seizure of assets. State and federal asset seizure
programs will be utilized by TRAP. It is agreed that the assets seized by TRAP
will be used to enhance future TRAP operations. Individual seizures in excess
of $1,000,000 shall be reviewed by the CCJCC Executive Steering Committee for
a recommendation to the Sheriff on appropriate disbursement. In the event a
decision is made to disburse any excess assets, they shall be divided based on
the following formula, developed by mutual consent:
10.1: It is agreed that 75% of the involved assets will be divided among
the participating member agencies.
10.1a The formula for distribution will be 33% for LASD, 33% for LAPD,
and 33% for other involved agencies, disbursed through the Los
Angeles County Police Chiefs' Association.
10.2: The remaining assets, (25%) shall be disbursed to the TRAP
Program Operating Fund upon approval by the CCJCC Executive
Steering Committee.
10.3: Disbursement will be calculated after administrative costs and
federal and state costs have been deducted.
ARTICLE 11: TERMINATION DATE
Funding for the Program expires on January 1, 2018, with an option for
legislative extension. The Program will dissolve on that date unless the
California State Legislature acts to continue the funding and the participants
subsequently agree to continue participation. This agreement shall remain in full
force and effect through December 31, 2017 unless otherwise terminated in
accordance with this Agreement and the Memorandum of Understanding.
ARTICLE 12: DISPOSITION OF ASSETS UPON DISSOLVEMENT OF TRAP
Upon dissolvement of TRAP any assets acquired by TRAP during the period of
operation and still on hand shall be distributed to participating agencies, on the
basis of appraised value at the time of dissolution, based on the following
formula:
12.1: Los Angeles County Sheriffs Department, 33%.
4
12.2: Los Angeles Police Department, 33%.
12.3: Other Participating Agencies, 33%.
12.4: Operation and maintenance of the Auto Theft Information Network
(ATIN), shall remain with the Los Angeles County Sheriffs
Department.
5
PART II
OPERATIONAL STANDARDS, STRUCTURE, AND
PERSONNEL
ARTICLE 1: OPERATING STANDARDS
All matters governing operating standards and procedures will be accomplished
within Constitutional guidelines, insuring the rights of citizens, and considering
the duty of law enforcement to deter crime and detect, arrest, and prosecute
individuals engaged in illicit activity.
ARTICLE 2: STRUCTURE.
TRAP will consist of three Groups: the Headquarters Group, the West
Investigative Group, and the East Investigative Group.
2.1: The Headquarters Group shall be responsible for the administrative
operation of the TRAP program including the Auto Theft Information
Network (AT IN).
2.2: The West Investigative. Group shall be responsible for enforcement
activities within specifically defined areas in the western portion of
Los Angeles County. Boundaries shall be determined by the
Project Director and shall include all incorporated areas of the City
of Los Angeles. The West Investigative Group will consist of two
investigative teams as follows:
2.2a South Team
2.2b West Team
2.3: The East Investigative Group shall be responsible for enforcement
activities within specifically defined areas in the eastern portion of
Los Angeles County. Boundaries shall be determined by the
Project Director and shall include the area of the County.north of
the northern most boundary of the City of Los Angeles, The East
Investigative Group will consist of two investigative teams as
follows:
n
2.3a North Team
2.3b San Gabriel Valley Team
2.4: Team Boundaries, which will be determined by the Project Director,
shall not restrict or prohibit the necessary case follow up,
investigation, or assistance by one team in any other team area.
2.5: Groups and Teams will be established in phases based on the
receipt of necessary funding during the first year and at the
direction of the Project Director.
ARTICLE 3: SUPERVISION
Each Investigative Group will be managed by an Area Lieutenant. Each regional
team will be supervised by a supervisor of the rank of sergeant or supervisory
detective.
3.1: The Area Lieutenants, one LASD and one LAPD, will be appointed
by the respective parent agency. Team Supervisors will be
selected by Area Lieutenants, in consultation with the Project
Director, from candidates submitted by the involved parent
agencies. Selections may involve an interview process and will in
all cases be in full compliance with prevailing parent agency
procedures.
3.2: Area Lieutenants are responsible for the leadership and
management of the teams assigned to their respective Groups.
3.3: Team Supervisors are responsible for the supervision of personnel
assigned to their respective teams, the vehicle theft issues in their
area of responsibility, and the tasks assigned to their teams.
3.4: Officers assigned to TRAP will work full time under the direct daily
supervision of Area Lieutenants and Team Supervisors. Area
Lieutenants and Team Supervisors will be under the supervision of
the Project Director and all members will follow the policies,
procedures, and guidelines enacted for the Program.
Should any of the aforementioned policies, procedures, or
guidelines conflict with the policy, procedures, guidelines, training
or tactical guidelines of a participating parent agency, the individual
member will immediately bring the conflict to the attention of a
supervisor. The individual member shall abide by the directives of
the parent agency until such conflict is resolved. The Project
Director shall ensure that the appropriate action to resolve the
conflict is initiated without delay.
7
ARTICLE 4: PERSONNEL SELECTION
Participating agencies shall nominate experienced investigators and qualified
investigative trainees for assignment to TRAP. All investigative positions shall
be filled by sworn personnel only. Final personnel selection decisions will be
made by the Project Director, in consultation with the concerned agency heads.
Selection may involve an interview process.
4.1: Agency representation will be based on agreed upon funding levels.
4.2: Based on the expertise required to conduct vehicle theft
investigations, a one year minimum assignment is strongly
recommended for TRAP personnel. Nothing in this agreement
prevents an individual from returning to the parent agency for any
reason based on agreed upon procedures.
4.2a Personnel may be terminated from the Program and returned to
their respective parent agencies for failure to adhere to Program
policies and procedures, at the discretion of the Project Director, in
consultation with concerned agency heads.
4.2b Personnel suffering injury or illness resulting in extended absence
or light duty status may be evaluated and returned to the parent
agency at the discretion of the Project Director, in consultation with
concerned agency heads.
ARTICLE 5: PROSECUTORIAL SUPPORT
At the inception of TRAP a Deputy District Attorney will be assigned to advise,
assist, and coordinate prosecutorial activity.
These positions will be fully reimbursed by the Program. TRAP officers will
continue to have access to respective Branch Offices for prosecutorial support, at
no additional cost to the Program. During subsequent years of operation,
prosecutorial participation will be evaluated and modified, if appropriate, based
on work load and budget considerations.
ARTICLE 6: CASE PRIORITIZATION
Case priorities will be determined by, but not limited to, the sophistication of the
enterprise, community impact, personnel and/or equipment availability, and
workable investigative leads.
6.1: It shall be the policy of the Program to respond to requests for case
development assistance from member agencies whose situation
demands expertise or resources beyond their existing limitations,
based on the availability and priorities of TRAP. If TRAP
assistance is provided and TRAP becomes extensively involved in
an ongoing investigation, TRAP may elect, by mutual agreement, to
become the primary investigative unit on the case.
6.2: Proactive enforcement will be the primary activity of TRAP Teams
and will include suspect and location identification, investigation,
report preparation, and suspect arrest and prosecution. All
manner of vehicle theft will be targeted but emphasis will be placed
on professional, commercial auto theft operations.
ARTICLE 7: AUTO THEFT INFORMATION NETWORK (ATIN)
TRAP will develop a computerized, centralized, one stop vehicle theft incident
and criminal history information center with crime analysis capability for use by
law enforcement agencies.
ARTICLE 8: CRIME PREVENTION
TRAP will coordinate a vehicle theft prevention program utilizing private sector
support, community groups, and the media to inform and educate the citizens of
Los Angeles County regarding the vehicle theft problem. The intent of this
program will be to enhance public awareness and encourage community
participation to deter vehicle theft.
0
PART III
ADMINISTRATIVE GUIDELINES
ARTICLE 1: POLICY
All members of TRAP will be expected to conform to their parent agency's
policies, procedures, and tactical guidelines as well as any additional policies and
procedures set forth by TRAP.
ARTICLE 2: REPORTING FORMAT
Investigative reports will be completed in a timely manner and will describe
activities fully, exactly and plainly. Copies of all case reports will be kept in the
respective Team office under an in-house file number until completion of the
case, at which time reports will be maintained in a centralized records retention
file, managed by TRAP, pursuant to standardized document destruction
procedures. Original copies of case reports will be forwarded to the involved
parent law enforcement agency for required distribution and record keeping. All
appropriate information will be entered into the ATIN system.
2.1: Report forms used to document case activities will be those
employed by the Los Angeles County Sheriff's Department.
ARTICLE 3: RELEASE OF INFORMATION
Large scale investigations are sensitive. Protection of sources of information
and managing information about areas of criminal activity are absolutely
essential. Dissemination of information and reports will be done on a
"need-to-know/right-to-know" basis in compliance with existing state and federal
laws. Questions about the appropriateness of releasing case information will be
referred to the Project Director, who will coordinate the dissemination of
information.
3.1: TRAP will cooperate with the news media to assist them in
obtaining information on matters of public interest. However,
certain information must remain confidential in order to protect the
Constitutional rights of the accused, to avoid interfering with a
TRAP investigation, or because it is legally privileged.
3.2: The Project Director is responsible for the dissemination or
coordination of press releases. All participating agencies will be
10
notified, time permitting, prior to any media releases. Notification
will be made in all cases prior to any formal press briefing.
ARTICLE 4: ACTIVITY REPORT
Team Supervisors will prepare monthly activities reports detailing team activities
for each Area Lieutenant. These activities reports will be forwarded to the
Project Director and will serve as the basis for quarterly reports to the Sheriff and
the CCJCC Executive Steering Committee. The Project Director will submit a
quarterly operational report within 15 days of the close of a calendar quarter.
Copies of the quarterly report will be forwarded to all participating agencies.
ARTICLE 5: DOCUMENT SECURITY
All reports and records will be designated CONFIDENTIAL. This material will be
secured under lock and key when unattended. Access to files will be on a
"need-to-know/right-to-know" basis. Case files being actively worked will be
kept under the direct control of TRAP until the investigation is concluded. Cases
with no workable leads, or cases that have not been worked after one year, will
be handled pursuant to lawful standardized document destruction procedures.
At no time will official reports or evidence be kept or stored anywhere but the
designated offices of TRAP or the evidence room or records section of the
involved parent agency. The management of information will always be done in
strict accordance with applicable local, state, and federal laws.
5.1: Monthly Activities Reports and other such similar TRAP materials
are prepared specifically for the members of the CCJCC Executive
Steering Committee and shall be considered and marked
CONFIDENTIAL.
ARTICLE 6: MULTI -AGENCY CONCERNS
6.1: Citizen Complaints
Any complaint from an individual alleging misconduct by personnel
of TRAP will be directed to the appropriate Area Lieutenant for
immediate assignment and preliminary fact finding.
The Area .Lieutenant will immediately notify the Project Director.
The Project Director will notify the concerned officer's parent
agency and provide them with all available information regarding
the incident. Final determination of investigative responsibility will
be made following discussion with the parent agency. Disciplinary
action will be recommended and approved solely by the concerned
parent agency.
11
6.2: Employee Evaluation
Area Lieutenants and Team Supervisors will assist appropriate
parent agency supervisors in completing fair and objective
evaluations for rating periods involving task force assignments.
The parent agency evaluation form will be used.
6.3: On -Duty Traffic Collisions
6.3a Non -Injury
If a TRAP officer is involved in a traffic collision while on -duty NOT
resulting in injury or death, the Area Lieutenant shall make the
following notifications:
1. The Project Director
2. A supervisor from the involved officer's parent agency
3. A supervisor from the policing agency where the incident
occurred..
Appropriate reports will be completed in compliance with legal
requirements and parent agency policy.
6.3b Injury or Death
If a TRAP officer is involved in a traffic collision while on -duty which
results in injury or death the Area Lieutenant shall make the
following notifications:
1. The Project Director who will immediately notify .the
Sheriff and the Chairperson of the CCJCC Executive
Steering Committee.
2. A supervisor from the involved officer's parent agency.
3. A supervisor from the,policing agency where the incident
occurred.
4. The California Highway Patrol.
Appropriate reports will be completed in compliance with legal
requirements and parent agency policy.
6.4: When a TRAP officer is injured on -duty, the Area Lieutenant will
notify the Project Director. An involved parent agency supervisor
will be notified and procedures will be followed as required by the
concerned parent agency. In case of an emergency, the officer
will receive immediate medical attention in the most expedient
manner. In order to assist the Area Lieutenant in ensuring an
officer's injury is treated without delay, every officer assigned to
TRAP will supply a supervisor with medical emergency notification
information that will be maintained at the respective team office and
TRAP Headquarters office.
12
6.5: Use of Force incidents will be reported as required by parent
agency guidelines.
6.5a An officer involved shooting incident resulting in injury or death
during the performance of duty will require the immediate
notification of the following:
1. The Project Director, who will immediately notify the
Sheriff and the Chairperson of the CCJCC Executive
Committee.
2. A supervisor from the involved officer's parent agency.
3. A supervisor from the agency in which the incident took
place.
4. The LASD Homicide Bureau.
5. The LAPD Robbery Homicide Officer Involved Shooting
Team for LAPD involved cases.
6.5b Investigative and reporting responsibility will be determined
following consultation with involved agency representatives and will
be in compliance with all parent agency guidelines. Nothing in this
agreement precludes concurrent investigations by involved
agencies. The District Attorney's rollout team will be notified if the
parent agency of the involved officer requests it. If there is a
conflict between parent agency policies when multiple jurisdiction
officers are involved, the District Attorney's rollout team will be
notified.
6.5c Any' non hit shooting or accidental discharge shall immediately be
reported to the Area Lieutenant for preliminary investigation. The
Area Lieutenant will respond and notify the Project Director who will
notify the supervisor from the involved officer's parent agency.
Investigative and reporting responsibility will be determined
following consultation with the involved agency representatives and
will be in compliance with all parent agency guidelines.
6.6: Every officer assigned to TRAP will carry a firearm in accordance
with his/her department policies and procedures. Applicable
parent agency policies concerning the use of firearms shall apply.
Any firearms carried by TRAP officers must be approved by the
concerned parent agency. TRAP officers shall comply with their
respective parent agency firearms qualification requirements.
6.7: Each member agency shall be solely liable for any and all
damages, including attorney's fees, resulting from the acts or
omissions of its own employees, including those employee of or
13
assigned to TRAP, and shall indemnify and hold harmless each
other member agency for said acts and omissions.
6.8: Each agency is responsible for any worker compensation, sick,
injured on duty, or similar benefits incurred by or due its employees.
ARTICLE 7: TRAINING
All required. parent agency training shall be attended by assigned personnel. A
Team Supervisor shall be notified of scheduled training as soon as possible.
TRAP will schedule additional training consistent with TRAP's stated mission and
goals.
14
PART IV
FISCAL GUIDELINES
ARTICLE 1: SOURCE OF FUNDING
Revenue for TRAP as outlined in the following sections from Vehicle Code
Section 9250.14, (AB 286):
9250.14. (a) (1) In addition to any other fees specified in this code and the
Revenue and Taxation Code, upon the adoption of a resolution by any county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in subdivision (a) of Section
5014.1, registered to an address within that county except those expressly exempted
from payment of registration fees. The fees, after deduction of the administrative costs
incurred by the department in carrying out this section, shall be paid quarterly to the
Controller. (2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program, and as part of the
Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to
Section 9400.1 registered to an owner with an address in the county that established a
service authority under this section, shall pay an additional service fee of two dollars
($2)•
(b) Notwithstanding Section 13340 of the Government Code, the money paid to the
Controller is continuously appropriated, without regard to fiscal years, for the
administrative costs of the Controller, and for disbursement by the Controller to each
county that has adopted a resolution pursuant to subdivision (a), based upon the
number of vehicles registered, or whose registration is renewed, to an address within
that county.
(c) Except as otherwise provided in this subdivision, money allocated to a county
pursuant to subdivision (b) shall be expended exclusively to fund programs that
enhance the capacity of local police and prosecutors to deter, investigate, and
prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the
money shall be expended exclusively for those vehicle theft crime programs and for the
prosecution of crimes involving driving while under the influence of alcohol or drugs, or
both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or any combination
of those crimes.
There will be no personnel or equipment costs to participating agencies. Revenue may
not be used to fund existing budgeted programs or personnel and participating agencies
may not charge any indirect costs for administration or implementation of this
agreement.
15
ARTICLE 2: PROGRAM OPERATING FUND
Monies will be received by the County of Los Angeles and placed in a single
County fund, overseen by the Sheriff, as a Program Operating Budget.
Participating agency personnel will be provided with necessary assets, supplies,
and equipment, including vehicles, communication equipment and technical tools
from the Program Operating Budget.
ARTICLE 3: FUNDING LEVELS
Funding for operating costs will be made from the Program Operating Budget at
the following levels:
3.1: Overhead costs not to exceed 33% of the total Program Operating
Budget shall be set aside to fund administrative and support costs
associated with the Program which include the following:
3.1a Any salaries for non investigative personnel
3.1 b CHP salary, benefits and equipment (one per team)
3.1 c Support staff equipment procurement
3.1d The creation of an Auto Theft Information Network (ATIN),
centralized computerized system.
3.2: Participating agencies agree to assign personnel to TRAP. All
personnel assigned to TRAP will be paid by their respective
agencies.
Expenditures for task force field personnel, including salary,
benefits, overtime and equipment will be funded from the remaining
66% of the Program -Operating Budget. Salary, benefits and
overtime expenditures will be reimbursed to participating agencies
at the following funding/staffing levels:
3.2a Los Angeles County Sheriffs Department, 33%.
3.21b Los Angeles Police Department, 33%.
3.2c Other Participating Agencies, 33%.
3.3: All overtime will be reimbursed from the Program Operating
Budget.
16
3.3a No overtime will be allowed unless by prior approval of an Area
Lieutenant.
3.3b All personnel will, as required, work beyond their normal work day
or respond to call outs as deemed necessary by the Area
Lieutenant or Team Supervisor.
3.4: TRAP will provide vehicles to assigned personnel. Involved parent
agencies agree to provide liability/hold harmless coverage pursuant
to established parent agency procedures.
3.5: Any excess funds not expended from the administrative and
support costs may be diverted to the personnel costs, quarterly, at
the discretion of the Project Director.
3.6: The administrative and support funding levels may be adjusted by
the Sheriff, upon recommendation of the Project Director, the
CCJCC Executive Steering Committee, and the CAO.
3.7: The Project Director shall prepare a quarterly report which
describes revenues and expenditures for the prior quarter as well
as year to date. The report shall include administrative, payroll,
overtime, investigative, and equipment expenditures.
ARTICLE 4: SPECIAL FUNDS
A special fund shall be established, to which members of TRAP may charge
expenditures as necessary in the performance of the duties of the Program.
Special funds expenditures are those authorized expenditures by TRAP
personnel incurred while working undercover or on surveillance and must be
directly related to program maintenance, and/or investigative expenses. The
Project Director shall maintain this fund in the amount of $10,000 through the
year. Expenditures shall have the prior approval of the Project Director. A
numbered receipt and. ledger system requiring the signature of the Area
Lieutenant and a Team Supervisor will be required for all expenditures denoting
the appropriate reason for the expenditure.
ARTICLE 5: LOSS OF MONIES
In the event monies are lost, stolen, or otherwise not accounted for, the Project
Director will immediately initiate an investigation.
17
ARTICLE 6: CREDIT CARDS
The Project Director may apply for, receive, and authorize the use of credit cards
for the sole purpose of conducting TRAP business.
ARTICLE 7: FUND ADMINISTRATION
The fund will be administered by the Los Angeles County Sheriffs Fiscal
Services Office.
7.1: Day to day fiscal management, accounting, and record keeping will
be done by the Sheriffs Department Fiscal Services Office and the
Project Director.
7.2: Participating agencies shall maintain current and accurate records
of account of all obligations and expenditures for respective
assigned personnel.
Agencies seeking reimbursement for TRAP activities shall submit a
detailed statement of expenses in a prescribed format to the Project
Director within 30 days following the end of each quarter. Only
basic salary, benefit and related overtime costs (at time and one
half) will be reimbursed by TRAP. Upon approval by the Project
Director, a claim for reimbursement will be forwarded to the Los
Angeles County Sheriffs Fiscal Services Office for payment within
30 days. Requisitions for materials and services related to TRAP
must have the prior approval of the Project Director. Approved
expenses will be forwarded to and paid by the Los Angeles County
Sheriffs Fiscal Services Office.
iff
THIS AGREEMENT, incorporating herein by reference the terms of the Memorandum of
Understanding, is made and entered into this 20th day of —S-eptember ,
2010, by and between the City of Vernon, a California chartered city and municipal
corporation, hereinafter referred to as VPD, and the Taskforce for Regional Autotheft
Prevention, hereinafter called TRAP.
TRAP will reimburse the VPD for salary and benefits for one (1) Investigator, on a full
time basis, including overtime incurred during participation in the Taskforce.
WITNESSETH: By and in consideration of the covenants and conditions herein
contained, TRAP and the VPD do hereby agree as follows:
VPb agrees to assign one (1) Investigator to TRAP.
2. The VPD Contact Coordinator will be`�CAPTAIN DANIEL CALLEROS
3. Should the VPD desire to terminate its participation in the Task force, notification
in writing to the Project Director is required. The termination shall be deemed to
take effect not less than sixty (60) days after the receipt of written notification.
4. This agreement may be amended by written mutual consent of both parties
hereto.
5. The VPD agrees to invoice TRAP on a monthly or quarterly basis. The VPD,
Accounting Section, will send all invoices to:
TRAP
9040 Telstar, Suite 115
El Monte, CA 91731
6. In the event of unforseen emergency or disaster, this agreement may be
canceled by either party without prior written notice.
CITY OF VERNON COUNTY OF LOS ANGELES
Police Department rSherifp ment
Date:9e� is -�flate:AMES P. RODINO BACA
INTERIM CHIEF OF POLICE
APPROVED AS TO FORM County of Los Angeles
Office of the County Counsel Sheriff's Department
4700 Ramona Boulevard
Monterey Park, CA 91754
Principal Countv Counsel
19 APPRO D'0 FORM:
LAURENCE $. WIENER, CITY ATTORNEY
RECEIVED
AUG 1-7 2010
STAFF REPORT CITY CLERK'S OFFICE
VERNON POLICE DEPARTMENT
DATE: August 16, 2010
TO: Honorable Mayor and City Council
FROM: Daniel Calleros, Captain
RE: Taskforce for Regional Autotheft Prevention Memorandum of
Understanding
Purpose
The purpose of this memorandum is to request approval from City Council for the
execution of a Memorandum of Understanding (MOU) between the Taskforce for
Regional Autotheft Prevention Program (TRAP) and the City of Vernon.
Facts
In 1992 the Los Angeles County Board of Supervisors implemented by Resolution,
Vehicle Code Section 9250.14 (SB2139) in Los Angeles County to impose an additional
one dollar vehicle registration fee for vehicles registered in the Los Angeles County.
The revenue generated is designated for the use in the deterrence, investigation, and
prosecution of vehicle theft in the Los Angeles County. The Los Angeles County
Sheriff's Department has been designated as the regional coordinator of the TRAP
program. The Police Department (PD) has participated in the TRAP program since 1997
and currently has one Detective assigned to the taskforce.
The mission of the taskforce is to promote a coordinated effort and encourage
maximum cooperation between all law enforcement and prosecutorial agencies in the
Los Angeles County to deter and reduce the incidents of vehicle theft; to increase the
recovery rate of stolen vehicles; to identify trends and patterns in vehicle theft; to
provide training and expertise to participating agencies countywide; and to coordinate a
deterrence program in conjunction with the private sector.
In October 2009, Assembly Bill 286 was approved and signed into law. The approval of
this bill extends the provisions of Vehicle Code Section 9250.14, until January 1, 2018.
Participation in the TRAP program has enhanced the PD's ability to enforce auto theft
laws and has allowed the assigned detective to gain vast experience and knowledge in
field of auto theft investigations.
In order for continued participation in the TRAP program by the PD, the MOU provided
by the Los Angeles County Sheriff's Department must be approved by City Council. In
2005, City Council approved continued participation in the TRAP program, under
Resolution 8803. The City Attorney's Office has reviewed and approved the TRAP
MOU.
Recommendation
I request that the MOU for continued participation in the TRAP program be presented to
City Council for approval.
Fiscal Impact
None
Attachments:
• TRAP MOU
• Copy of Resolution # 8803
MEMORANDUM OF UNDERSTANDING
TASKFORCE FOR REGIONAL AUTOTHEFT
PREVENTION
TRAP
MEMORANDUM OF UNDERSTANDING
PART I
BACKGROUND, MISSION STATEMENT, AND
MANAGEMENT STRUCTURE
ARTICLE 1: TASK FORCE ESTABLISHED
On July 28, 1992 the Los Angeles County Board of Supervisors implemented by
Resolution, Vehicle Code Section 9250.14 (SB 2139) in Los Angeles County, to
impose an additional one dollar vehicle registration fee on vehicles registered in
the County. The revenue generated is designated for use in the deterrence,
investigation, and prosecution of vehicle theft in Los Angeles County. The
Sheriff, as Regional Coordinator in this effort, with the Chief Administrative
Officer (CAO), in conjunction with the Countywide Criminal Justice Coordination
Committee (CCJCC) has developed a consolidated vehicle theft curtailment
program to integrate resources against vehicle theft.
On October 11, 2009, Assembly Bill 286 was passed and signed into law.
This bill extends the provisions of Vehicle Code Section 9250.14 until
January 1, 2018.
The undersigned do hereby join together to form a consolidated task force for the
purpose of integrating investigative and prosecutorial resources to address the
expanding vehicle theft problem in Los Angeles County. This Agreement shall
become effective when signed and executed by the Regional Coordinator and
the other respective participating member agencies.
ARTICLE 2: PROGRAM NAME
The name of this Program shall be "Taskforce for Regional Autotheft Prevention"
(TRAP).
ARTICLE 3: MISSION STATEMENT
The mission of the "Taskforce for Regional Autotheft Prevention" (TRAP) is to
promote a coordinated effort and encourage maximum cooperation between all
law enforcement and prosecutorial agencies in Los Angeles County to deter and
reduce the incidents of vehicle theft, to increase the recovery rate of stolen
vehicles, to identify trends and patterns in vehicle theft, to provide training and
expertise to participating agencies countywide, and to coordinate a deterrence
program in conjunction with the private sector.
3.1: TRAP will target, investigate, and prosecute individuals involved in
vehicle theft, particularly those professional thieves who organize,
direct, finance, or otherwise engage in commercial vehicle theft for
profit.
3.2: TRAP will identify locations used in connection with vehicle theft
offenses, including legitimate "front" business locations (i.e., body
shops and auto dismantlers) which operate as commercial "chop
shops", and take appropriate action.
3.3: TRAP will provide training and expertise for participating agencies
throughout Los Angeles County.
3.4: TRAP will seek input and solicit cooperation from the private sector
to coordinate a public deterrence program.
ARTICLE 4: THE BOARD OF ADVISORS
In keeping with the multi -agency concept of this Program, the Countywide
Criminal Justice Coordination Committee, (CCJCC), through its Executive
Steering Committee, will act as the Board of Advisors for TRAP and will be
responsible for advising the Los Angeles County Sheriff on policy and overall
strategy for the Program.
ARTICLE 5: THE REGIONAL COORDINATOR
The Sheriff shall administer the policy, procedures and affairs of TRAP, subject
to the recommendations of the CAO and the CCJCC, through its Executive
Steering Committee.
The Sheriff shall direct the Project Director to purchase/lease
equipment, assets, office space, and resources to support the
investigative, prosecutorial, and deterrence functions of the
Program.
5.2: The Sheriff shall ensure that accurate books of account, showing in
detail all financial transactions relating to TRAP, including all costs,
expenses or charges paid, are maintained.
5.3: All books and records shall be open to inspection at all times during
normal business hours by any authorized representative of
participating agencies.
2
5.4: The Sheriff shall direct the Project Director to cause the books of
account and other financial records to be audited annually.
5.5: The Project Director shall prepare and submit to the Sheriff and the
CCJCC Executive Steering Committee in time for revision and
adoption by it, prior to July 1st of each fiscal year, the annual
budget of TRAP for the next succeeding fiscal year.
ARTICLE 6: THE PROJECT DIRECTOR
The Project Director will be selected by the Sheriff, after considering the
recommendations of the CCJCC Executive Steering. Committee, and shall be of
senior law enforcement management rank that will provide a wide range of
operational authority to TRAP.
6.1: The Project Director is responsible for planning, staffing, directing,
organizing, coordinating, budgeting, auditing, and reporting all
tasks, functions, and resources of TRAP.
ARTICLE 7: AMENDING THE MEMORANDUM OF UNDERSTANDING
The MOU may only be amended upon recommendation by the Sheriff, following
consultation with, and agreement by, the CCJCC Executive Steering Committee
and the CAO. All participants will be notified immediately of any proposed
changes to this MOU.
ARTICLE 8: PARTICIPANTS
TRAP will be comprised of law enforcement personnel from Los Angeles County
including Police Officers, Sheriff's Deputies, CHP Investigators, and Prosecutors
and may include, in a non -reimbursed capacity, agents from the FBI, the National
Insurance Crime Bureau, U.S. Customs, the Department of Motor Vehicles
and/or other concerned agencies, at the discretion of the Project Director.
ARTICLE 9: TERMINATION OF PARTICIPATION
Participation in TRAP by a participating agency shall continue until termination in
the manner hereafter provided.
9.1: Termination shall become effective 60 days following the giving of
written notice of termination of participation by the participating
agency to the Project Director. This 60 day period will provide for
the timely transfer of assignment and selection of replacement
personnel.
3
ARTICLE 10: DISTRIBUTION OF ASSETS SEIZED
TRAP, when developing case investigations, shall use both civil and criminal
forfeiture statutes in the seizure of assets. State and federal asset seizure
programs will be utilized by TRAP. It is agreed that the assets seized by TRAP
will be used to enhance future TRAP operations. Individual seizures in excess
of $1,000,000 shall be reviewed by the CCJCC Executive Steering Committee for
a recommendation to the Sheriff on appropriate disbursement. In the event a
decision is made to disburse any excess assets, they shall be divided based on
the following formula, developed by mutual consent:
10.1: It is agreed that 75% of the involved assets will be divided among
the participating member agencies.
10.1a The formula for distribution will be 33% for LASD, 33% for LAPD,
and 33% for other involved agencies, disbursed through the Los
Angeles County Police Chiefs' Association.
10.2: The remaining assets, (25%) shall be disbursed to the TRAP
Program Operating Fund upon approval by the CCJCC Executive
Steering Committee.
10.3: Disbursement will be calculated after administrative costs and
federal and state costs have been deducted.
ARTICLE 11: TERMINATION DATE
Funding for the Program expires on January 1, 2018, with an option for
legislative extension. The Program will dissolve on that date unless the
California State Legislature acts to continue the funding and the participants
subsequently agree to continue participation. This agreement shall remain in full
force and effect through December 31, 2017 unless otherwise terminated in
accordance with this Agreement and the Memorandum of Understanding.
ARTICLE 12: DISPOSITION OF ASSETS UPON DISSOLVEMENT OF TRAP
Upon dissolvement of TRAP any assets acquired by TRAP during the period of
operation and still on hand shall be distributed to participating agencies, on the
basis of appraised value at the time of dissolution, based on the following
formula:
12.1: Los Angeles County Sheriffs Department, 33%.
4
12.2: Los Angeles Police, Department, 33%.
12.3: Other Participating Agencies, 33%.
12.4: Operation and maintenance of the Auto Theft Information Network
(ATIN), shall remain with the Los Angeles County Sheriffs
Department.
5
PART II
OPERATIONAL STANDARDS, STRUCTURE, AND
PERSONNEL
ARTICLE 1: OPERATING STANDARDS
All matters governing operating standards and procedures will be accomplished
within Constitutional guidelines, insuring the rights of citizens, and considering
the duty of law enforcement to deter crime and detect, arrest, and prosecute
individuals engaged in illicit activity.
ARTICLE 2: STRUCTURE
TRAP will consist of three Groups: the Headquarters Group, the West
Investigative Group, and the East Investigative Group.
2.1: The Headquarters Group shall be responsible for the administrative
operation of the TRAP program including the Auto Theft Information
Network (ATIN).
2.2: The West Investigative Group shall be responsible for enforcement
activities within specifically defined areas in the western portion of
Los Angeles County. Boundaries shall be determined by the
Project Director and shall include all incorporated areas of the City
of Los Angeles. The West Investigative Group will consist of two
investigative teams as follows:
2.2a South Team
2.2lb West Team
2.3: The East Investigative Group shall be responsible for enforcement
activities within specifically defined areas in the eastern portion of
Los Angeles County. Boundaries shall be determined by the
Project Director and shall include the area of the County north of
the northern most boundary of the City of Los Angeles. The East
Investigative Group will consist of two investigative teams as
follows:
0
2.3a North Team
2.3b San Gabriel Valley Team
2.4: Team Boundaries, which will be determined by the Project Director,
shall not restrict or prohibit the necessary case follow up,
investigation, or assistance by one team in any other team area.
2.5: Groups and Teams will be established in phases based on the
receipt of necessary funding during the first year and at the
direction of the Project Director.
ARTICLE 3: SUPERVISION
Each Investigative Group will be managed by an Area Lieutenant. Each regional
team will be supervised by a supervisor of the rank of sergeant or supervisory
detective.
3.1: The Area Lieutenants, one LASD and one LAPD, will be appointed
by the respective parent agency. Team Supervisors will be
selected by Area Lieutenants, in consultation with the Project
Director, from candidates submitted by the involved parent
agencies. Selections may involve an interview process and will in
all cases be in full compliance with prevailing parent agency
procedures.
3.2: Area Lieutenants are responsible for the leadership and
management of the teams assigned to their respective Groups.
3.3: Team Supervisors are responsible for the supervision of personnel
assigned to their respective teams, the vehicle theft issues in their
area of responsibility, and the tasks assigned to their teams.
3.4: Officers assigned to TRAP will work full time under the direct daily
supervision of Area Lieutenants and Team Supervisors. Area
Lieutenants and Team Supervisors will be under the supervision of
the Project Director and all members will follow the policies,
procedures, and guidelines enacted for the Program.
Should any of the aforementioned policies, procedures, or
guidelines conflict with the policy, procedures, guidelines, training
or tactical guidelines of a participating parent agency, the individual
member will immediately bring the conflict to the attention of a
supervisor. The individual member shall abide by the directives of
the parent agency until such conflict is resolved. The Project
Director shall ensure that the appropriate action to resolve the
conflict is initiated without delay.
7
ARTICLE 4: PERSONNEL SELECTION
Participating agencies shall nominate experienced investigators and qualified
investigative trainees for assignment to TRAP. All investigative positions shall
be filled by sworn personnel only. Final personnel selection decisions will be
made by the Project Director, in consultation with the concerned agency heads.
Selection may involve an interview process.
4.1: Agency representation will be based on agreed upon funding levels.
4.2: Based on the expertise required to conduct vehicle theft
investigations, a one year minimum assignment is strongly
recommended for TRAP personnel. Nothing in this agreement
prevents an individual from returning to the parent agency for any
reason based on agreed upon procedures.
4.2a Personnel may be terminated from the Program and returned to
their respective parent agencies for failure to adhere to Program
policies and procedures, at the discretion of the Project Director, in
consultation with concerned agency heads.
4.2b Personnel suffering injury or illness resulting in extended absence
or light duty status may be evaluated and returned to the parent
agency at the discretion of the Project Director, in consultation with
concerned agency heads.
ARTICLE 5: PROSECUTORIAL SUPPORT,
At the inception of TRAP a Deputy District Attorney will be assigned to advise,
assist, and coordinate prosecutorial activity.
These positions will be fully reimbursed by the Program. TRAP officers will
continue to have access to respective Branch Offices for prosecutorial support, at
no additional cost to the Program. During subsequent years of operation,
prosecutorial participation will be evaluated and modified, if appropriate, based
on work load and budget considerations.
ARTICLE 6: CASE PRIORITIZATION
Case priorities will be determined by, but not limited to, the sophistication of the
enterprise, community impact, personnel and/or equipment availability, and
workable investigative leads.
6.1: It shall be the policy of the Program to respond to requests for case
development assistance from member agencies whose situation
demands expertise or resources beyond their existing limitations,
based on the availability and priorities of TRAP. If TRAP
assistance is provided and TRAP becomes extensively involved in
an ongoing investigation, TRAP may elect, by mutual agreement, to
become the primary investigative unit on the case.
6.2: Proactive enforcement will be the primary activity of TRAP Teams
and will include suspect and location identification, investigation,
report preparation, and suspect arrest and prosecution. All
manner of vehicle theft will be targeted but emphasis will be placed
on professional, commercial auto theft operations.
ARTICLE 7: AUTO THEFT INFORMATION NETWORK (ATIN)
TRAP will develop a computerized, centralized, one stop vehicle theft incident
and criminal history information center with crime analysis capability for use by
law enforcement agencies.
ARTICLE 8: CRIME PREVENTION
TRAP will coordinate a vehicle theft prevention program utilizing private sector
support, community groups, and the media to inform and educate the citizens of
Los Angeles County regarding the vehicle theft problem. The intent of this
program will be to enhance public awareness and encourage community
participation to deter vehicle theft.
M
PART III
ADMINISTRATIVE GUIDELINES
ARTICLE 1: POLICY
All members of TRAP will be expected to conform to their parent agency's
policies, procedures, and tactical guidelines as well as any additional policies and
procedures set forth by TRAP.
ARTICLE 2: REPORTING FORMAT
Investigative reports will be completed in a timely manner and will describe
activities fully, exactly and plainly. Copies of all case reports will be kept in the
respective Team office under an in-house file number until completion of the
case, at which time reports will be maintained in a centralized records retention
file, managed by TRAP, pursuant to standardized document destruction
procedures. Original copies of case reports will be forwarded to the involved
parent law enforcement agency for required distribution and record keeping. All
appropriate information will be entered into the ATIN system.
2.1: Report forms used to document case activities will be those
employed by the Los Angeles County Sheriff's Department.
ARTICLE 3: RELEASE OF INFORMATION
Large scale investigations are sensitive. Protection of sources of information
and managing information about areas of criminal activity are absolutely
essential. Dissemination of information and reports will be done on a
"need-to-know/right-to-know" basis in compliance with existing state and federal
laws. Questions about the appropriateness of releasing case information will be
referred to the Project Director, who will coordinate the dissemination of
information.
3.1: TRAP will cooperate with the news media to assist them in
obtaining information on matters of public interest. However,
certain information must remain confidential in order to protect the
Constitutional rights of the accused, to avoid interfering with a
TRAP investigation, or because it is legally privileged.
3.2: The Project Director is responsible for the dissemination or
coordination of press releases. All participating agencies will be
10
notified, time permitting, prior to any media releases. Notification
will, be made in all cases prior to any formal press briefing.
ARTICLE 4: ACTIVITY REPORT
Team Supervisors will prepare monthly activities reports detailing team activities
for each Area Lieutenant. These activities reports will be forwarded to the
Project Director and will serve as the basis for quarterly reports to the Sheriff and
the CCJCC Executive Steering Committee. The Project Director will submit a
quarterly operational report within 15 days of the close of a calendar quarter.
Copies of the quarterly report will be forwarded to all participating agencies.
ARTICLE 5: DOCUMENT SECURITY
All reports and records will be designated CONFIDENTIAL. This material will be
secured under lock and key when unattended. Access to files will be on a
"need-to-know/right-to-know" basis. Case files being actively worked will be
kept under the direct control of TRAP until the investigation is concluded. Cases
with no workable leads, or cases that have not been worked after one year, will
be handled pursuant to lawful standardized document destruction procedures.
At no time will official reports or evidence be kept or stored anywhere but the
designated offices of TRAP or the evidence room or records section of the
involved parent agency. The management of information will always be done in
strict accordance with applicable local, state, and federal laws.
5.1: Monthly Activities Reports and other such similar TRAP materials
are prepared specifically for the members of the CCJCC Executive
Steering Committee and shall be considered and marked
CONFIDENTIAL.
ARTICLE 6: MULTI -AGENCY CONCERNS
6.1: Citizen Complaints
Any complaint from an individual alleging misconduct by personnel
of TRAP will be directed to the appropriate Area Lieutenant for
immediate assignment and preliminary fact finding.
The Area Lieutenant will immediately notify the Project Director.
The Project Director will notify the concerned officer's parent
agency and provide them with all available information regarding
the incident. Final determination of investigative responsibility will
be made following discussion with the parent agency. Disciplinary
action will be recommended and approved solely by the concerned
parent agency.
6.2: Employee Evaluation
Area Lieutenants and Team Supervisors will assist appropriate
parent agency supervisors in completing fair and objective
evaluations for rating periods involving task force assignments.
The parent agency evaluation form will be used.
6.3: On -Duty Traffic Collisions
6.3a Non -Injury
If a TRAP officer is involved in a traffic collision while on -duty NOT
resulting in injury or death, the Area Lieutenant shall make the
following notifications:
1. The Project Director
2. A supervisor from the involved officer's parent agency
3. A supervisor from the policing agency where the incident
occurred.
Appropriate reports will be completed in compliance with legal
requirements and parent agency policy.
6.3b Injury or Death
If a TRAP officer is involved in a traffic collision while on -duty which
results in injury or death the Area Lieutenant shall make the
following notifications:
1. The Project Director who will immediately notify the
Sheriff and the Chairperson of the CCJCC Executive
Steering Committee.
2. A supervisor from the involved officer's parent agency.
3. A supervisor from the policing agency where the incident
occurred.
4. The California Highway Patrol
Appropriate reports will be completed in compliance with legal
requirements and parent agency policy.
6.4: When a TRAP officer is injured on -duty, the Area Lieutenant will
notify the Project Director. An involved parent agency supervisor
will be notified and procedures will be followed as required by the
concerned parent agency. In case of an emergency, the officer
will receive immediate medical attention in the most expedient
manner. In order to assist the Area Lieutenant in ensuring an
officer's injury is treated without delay, every officer assigned to
TRAP will supply a supervisor with medical emergency notification
information that will be maintained at the respective team office and
TRAP Headquarters office.
12
6.5: Use of Force incidents will be reported as required by parent
agency guidelines.
6.5a An officer involved shooting incident resulting in injury or death
during the performance of duty will require the immediate
notification of the following:
1. The Project Director, who will immediately notify the
Sheriff and the Chairperson of the CCJCC Executive
Committee.
2. A supervisor from the involved officer's parent agency.
3. A supervisor from the agency in which the incident took
place.
4. The LASD Homicide Bureau.
5. The LAPD Robbery Homicide Officer Involved Shooting
Team for LAPD involved cases.
6.5b Investigative and reporting responsibility will be determined
following consultation with involved agency representatives and will
be in compliance with all parent agency guidelines. Nothing in this
agreement precludes concurrent investigations by involved
agencies. The District Attorney's rollout team will be notified if the
parent agency of the involved officer requests it. If there is a
conflict between parent agency policies when multiple jurisdiction
officers are involved, the District Attorney's rollout team will be
notified.
6.5c Any non hit shooting or accidental discharge shall immediately be
reported to the Area Lieutenant for preliminary investigation. The
Area Lieutenant will respond and notify the Project Director who will
notify the supervisor from the involved officer's parent agency.
Investigative and reporting responsibility will be determined
following consultation with the involved agency representatives and
will be in compliance with all parent agency guidelines.
6.6: Every officer assigned to TRAP will carry a firearm in accordance
with his/her department policies and procedures. Applicable
parent agency policies concerning the use of firearms shall apply.
Any firearms carried by TRAP officers must be approved by the
concerned parent agency. TRAP officers shall comply with their
respective parent agency firearms qualification requirements.
6.7: Each member agency shall be solely liable for any and all
damages, including attorney's fees, resulting from the acts or
omissions of its own employees, including those employee of or
13
assigned to TRAP, and shall indemnify and hold harmless each
other member agency for said acts and omissions.
6.8: Each agency is responsible for any worker compensation, sick,
injured on duty, or similar benefits incurred by or due its employees.
ARTICLE 7: TRAINING
All required parent agency training shall be attended by assigned personnel. A
Team Supervisor shall be notified of scheduled training as soon as possible.
TRAP will schedule additional training consistent with TRAP's stated mission and
goals.
14
PART IV
FISCAL GUIDELINES
ARTICLE 1: SOURCE OF FUNDING
Revenue for TRAP as outlined in the following sections from Vehicle Code
Section 9250.14, (AB 286):
9250.14. (a) (1) In addition to any other fees specified in this code and the
Revenue and Taxation Code, upon the adoption of a resolution by any county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in subdivision (a) of Section
5014.1, registered to an address within that county except those expressly exempted
from payment of registration fees. The fees, after deduction of the administrative costs
incurred by the department in carrying out this section, shall be paid quarterly to the
Controller. (2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program, and as part of the
Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to
Section 9400.1 registered to an owner with an address in the county that established a
service authority under this section, shall pay an additional service fee of two dollars
($2).
(b) Notwithstanding Section 13340 of the Government Code, the money paid to the
Controller is continuously appropriated, without regard to fiscal years, for the
administrative costs of the Controller, and for disbursement by the Controller to each
county that has adopted a resolution pursuant to subdivision (a), based upon the
number of vehicles registered, or whose registration is renewed, to an address within
that county.
(c) Except as otherwise provided in this subdivision, money allocated to a county
pursuant to subdivision (b) shall be expended exclusively to fund programs that
enhance the capacity of local police and prosecutors to deter, investigate, and
prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the
money shall be expended exclusively for those vehicle theft crime programs and for the
prosecution of crimes involving driving while under the influence of alcohol or drugs, or
both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or any combination
of those crimes.
There will be no personnel or equipment costs to participating agencies. Revenue may
not be used to fund existing budgeted programs or personnel and participating agencies
may not charge any indirect costs for administration or implementation of this
agreement.
15
ARTICLE 2: PROGRAM OPERATING FUND
Monies will be received by the County of Los Angeles and placed in a single
County fund, overseen by the Sheriff, as a Program Operating Budget.
Participating agency personnel will be provided with necessary assets, supplies,
and equipment, including vehicles, communication equipment and technical tools
from the Program Operating Budget.
ARTICLE 3: FUNDING LEVELS
Funding for operating costs will be made from the Program Operating Budget at
the following levels:
3.1: Overhead costs not to exceed 33% of the total Program Operating
Budget shall be set aside to fund administrative and support costs
associated with the Program which include the following:
3.1a Any salaries for non investigative personnel
3.1 b CHP salary, benefits and equipment (one per team)
3.1c Support staff equipment procurement
3.1d The creation of an Auto Theft Information Network (ATIN),
centralized computerized system.
3.2: Participating agencies agree to assign personnel to TRAP. All
personnel assigned to TRAP will be paid by their respective
agencies.
Expenditures for task force field personnel, including salary,
benefits, overtime and equipment will be funded from the remaining
66% of the Program Operating Budget. Salary, benefits and
overtime expenditures will be reimbursed to participating agencies
at the following funding/staffing levels:
3.2a Los Angeles County Sheriffs Department, 33%.
3.2b Los Angeles Police Department, 33%.
3.2c Other Participating Agencies, 33%.
3.3: All overtime will be reimbursed from the Program Operating
Budget.
W
3.3a No overtime will be allowed unless by prior approval of an Area
Lieutenant.
3.3b All personnel will, as required, work beyond their normal work day
or respond to call outs as deemed necessary by the Area
Lieutenant or Team Supervisor.
3.4: TRAP will provide vehicles to assigned personnel. Involved parent
agencies agree to provide liability/hold harmless coverage pursuant
to established parent agency procedures.
3.5: Any excess funds not expended from the administrative and
support costs may be diverted to the personnel costs, quarterly, at
the discretion of the Project Director.
3.6: The administrative and support funding levels may be adjusted by
the Sheriff, upon recommendation of the Project Director, the
CCJCC Executive Steering Committee, and the CAO.
3.7: The Project Director shall prepare a quarterly report which
describes revenues and expenditures for the prior quarter as well
as year to date. The report shall include administrative, payroll,
overtime, investigative, and equipment expenditures.
ARTICLE 4: SPECIAL FUNDS
A special fund shall be established, to which members of TRAP may charge
expenditures as necessary in the performance of the duties of the Program.
Special funds expenditures are those authorized expenditures by TRAP
personnel incurred while working undercover or on surveillance and must be
directly related to program maintenance, and/or investigative expenses. The
Project Director shall maintain this fund in the amount of $10,000 through the
year. Expenditures shall have the prior approval of the Project Director. A
numbered receipt and ledger system requiring the signature of the Area
Lieutenant and a Team Supervisor will be required for all expenditures denoting
the appropriate reason for the expenditure.
ARTICLE 5: LOSS OF MONIES
In the event monies are lost, stolen, or otherwise not accounted for, the Project
Director will immediately initiate an investigation.
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ARTICLE 6: CREDIT CARDS
The Project Director may apply for, receive, and authorize the use of credit cards
for the sole purpose of conducting TRAP business.
ARTICLE 7: FUND ADMINISTRATION
The fund will be administered by the Los Angeles County Sheriffs Fiscal
Services Office.
7.1: Day to day fiscal management, accounting, and record keeping will
be done by the Sheriffs Department Fiscal Services Office and the
Project Director.
7.2: Participating agencies shall maintain current and accurate records
of account of all obligations and expenditures for respective
assigned personnel.
Agencies seeking reimbursement for TRAP activities shall submit a
detailed statement of expenses in a prescribed format to the Project
Director within 30 days following the end of each quarter. Only
basic salary, benefit and related overtime costs (at time and one
half) will be reimbursed by TRAP. Upon approval by the Project
Director, a claim for reimbursement will be forwarded to the Los
Angeles County Sheriffs Fiscal Services Office for payment within
30 days. Requisitions for materials and services related to TRAP
must have the prior approval of the Project Director. Approved
expenses will be forwarded to and paid by the Los Angeles County
Sheriffs Fiscal Services Office.
in
THIS AGREEMENT, incorporating herein by reference the terms of the Memorandum of
Understanding, is made and entered into this day of
2010, by and between the City of Vernon, a California chartered city and municipal
corporation, hereinafter referred to as VPD, and the Taskforce for Regional Autotheft
Prevention, hereinafter called TRAP.
TRAP will reimburse the VPD for salary and benefits for one (1) Investigator, on a full
time basis, including overtime incurred during participation in the Taskforce.
WITNESSETH: By and in consideration of the covenants and conditions herein
contained, TRAP and the VPD do hereby agree as follows:
VPD agrees to assign one (1) Investigator to TRAP.
2. The VPD Contact Coordinator will be -CAPTAIN DANIEL CALLEROS
3. Should the VPD desire to terminate its participation in the Task force, notification
in writing to the Project Director is required. The termination shall be deemed to
take effect not less than sixty (60) days after the receipt of written notification.
4. This agreement may be amended by written mutual consent of both parties
hereto.
5. The VPD agrees to invoice TRAP on a monthly or quarterly basis. The VPD,
Accounting Section, will send all invoices to:
TRAP
9040 Telstar, Suite 115
El Monte, CA 91731
6. In the event of unforseen emergency or disaster, this agreement may be
canceled by either party without prior written notice.
CITY OF VERNON COUNTY OF LOS ANGELES
Police Department Sheriff's Department
Date:
JAMES P. RODINO
INTERIM CHIEF OF POLICE
APPROVED AS TO FORM
Office of the County Counsel
Principal County Counsel
Date:
LEROY D. BACA
SHERIFF
County of Los Angeles
Sheriff's Department
4700 Ramona Boulevard
Monterey Park, CA 91754
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RESOLUTION NO. 8803
A RESOLUTION OF THE -CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING RELATING TO
PARTICIPATION IN THE LOS ANGELES COUNTY TASKFORCE
FOR REGIONAL AUTOTHEFT PREVENTION
WHEREAS, in accordance with California Vehicle Code Section
9250.14, the Los Angeles County Board of Supervisors adopted a
9 resolution to impose an additional one dollar vehicle registration fee
10 on vehicles registered in the County; and
11 WHEREAS, the revenue generated by said fee is designated for
12 use in the deterrence, investigation, and prosecution of vehicle theft
13-IIin Los Angeles County; and
14 WHEREAS, under the direction of the Sheriff's Department of
15 County of Los Angeles, a multi -agency task force program has been
1.6 created entitled the "Taskforce.for Regional Autotheft Prevention
17 ("TRAP'), for the purpose of promoting a coordinated effort and
18 encouraging maximum cooperation between all law enforcement and,
19 prosecutorial agencies in Los Angeles. County to deter and reduce the
20 incidents of vehicle theft, to increase the recovery rate of stolen
21 vehicles., to identify trends and patterns in vehicle theft, to provide
22 training and expertise to participating agencies countywide, and to
23 coordinate a deterrence program in conjunction with the private sector
24, to address the expanding vehicle theft program in Los Angeles County
25- and
26 WHEREAS, the general parameters regarding the operation of
27 the TRAP program have been memorialized in a Memorandum of
28 Understanding among various agencies; and
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WHEREAS, the City's participation in TRAP will enhance
police services, thereby benefiting the health and welfare of Vernon's
citizens; and
WHEREAS, City staff have recommended that the Cit be a
Y
5 participant in the TRAP program and that a Memorandum of Understanding
6 be approved and executed.
7 NOW,,1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
8 :CITY OF VERNON AS FOLLOWS:
.9 SECTION 1: The City Council of the City of Vernon hereby
10 finds and determines that the recitals contained hereinabove are true
11 and correct.
12 SECTION 2: The City Council of the City of Vernon hereby
13 approves the Memorandum,of Understanding for the Taskforce for
14 Regional Autotheft Prevention_ program, in substantially the same form
151 as the copy which is attached hereto as Exhibit A and incorporated by
16 reference.
17 SECTION 3: The City Council of the City of Vernon hereby
18 authorizes the Mayor to execute said MOU for, and on behalf of, the
19 City of Vernon and the Acting City Clerk is hereby authorized to
20 attest thereto
21 SECTION.4 The City Council of the City of Vernon hereby
22 directs the Acting City Clerk, or his designee, to send four (4)
23 executed Memorandum of Understandings to:
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Captain Terence P. Judge, Project Director
25' Taskforce for Regional Autotheft Prevention
9040 Telstar Avenue, Suite 115
26 'El Monte, CA 9173.1-2831
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1 SECTION 5: The Acting City Clerk of the. City of Vernon
2 shall certify to the passage of this resolution, and thereupon and
3 thereafter the same shall, be in full force and effect.
4 APPROVED AND ADOPTED this 12th day of July, 2005.
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S/ LEONIS C. MALBU jfx
LEONIS C. MALBURG, Mayor
1 STATE OF CALIFORNIA
2 ) ss
COUNTY OF LOS ANGELES )
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4 1, BRUCE V. MALKENHORST, Acting City Clerk of the City of. Vernon,
5 do hereby certify that the foregoing Resolution, being Resolution No.
6 8803, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Tuesday,
8 July 12, 2005, and thereafter was duly signed by the Mayor of the City
9 of Vernon;
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11 S/ BRUCE V. MALKENHORST
12 BRUCE V. MALKENHORST, Acting City Clerk
13 (SEAL)
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