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HomeMy WebLinkAboutSanta Clara County - REACT Rapid Enforcement Allied Computer Team Task Force MOUREACT (Rapid Enforcement Allied Computer Team) TASK FORCE MEMORANDUM OF UNDERSTANDING January 25, 2012 1. AUTHORITIES California Penal Code Sections 13848 through 13848.8 provides the authorities and grant funding for the "High Technology Theft Apprehension and Prosecution Program." REACT is a task force within this Program. The grant administrator of this Program is the California Governor's Office of Emergency Services, Law Enforcement/Victim Services Division, California Emergency Management Agency (Cal EMA). This Memorandum of Understanding (MOU) is required by Cal EMA for REACT's grant funding.' PARTIES This MOU is a formal agreement between the Grant Recipient, the County of Santa Clara Office of the District Attorney, and the Participating Agencies of REACT. The Grant Recipient is the agency responsible for the implementation of the grant award.' The Participating Agencies are government agencies that receive high technology, identity theft, or related funding, including CAL EMA grant funding, from the State of California to participate and achieve the goals of REACT.3 The individual Participating Agencies are indicated on the Participating Agency Signatories attached and incorporated by reference hereto. A federal agency may contribute to REACT pursuant to 28 U.S.C. § 533, 42 U.S.C. § 3771, and 28 C.F.R. § 0.85. Federal Agencies are distinguished from Participating Agencies, because in contributing to REACT, federal agencies do not receive grant or other funding from the State of California; this also includes state agencies that have contributed personnel- i.e. California Highway Patrol. Nevertheless, federal agencies may assign agents and devote resources and efforts to REACT. Those agents assigned would be REACT members. III. PURPOSE This MOU describes the responsibilities and commitments of the Recipient and the Participating Agencies in REACT. The MOU also outlines the mission and objectives for REACT. This MOU supercedes all previous REACT Task Force MOUs. IV. MISSION ' This MOU fulfills the "Operational Agreement" requirement specified in the CAL EMA 2006 Grant Recipient Handbook, Sections 4000 -4500. The Recipient Handbook and grant request for application documents contain CAL EMA guidelines regarding grant award requirements. The Recipient Handbook can be located on the CAL EMA website at: www.Cal EMA.ca.��. 2 See CAL EMA Grant Recipient Handbook Section 1311, Responsible Agency. The County of Santa Clara Office of the District Attorney has been the Grant Recipient since 1999. See CAL EMA Grant Recipient Handbook Section 14000, Glossary of Terms, under "Participating Agency." REACT Task Force Memorandum of Understanding Page 2 REACT is a high technology /cyber crime and identity theft task force. It is a partnership of government agencies working together to identify, investigate, and prosecute computer and high technology related crimes. Its mission is two -fold: (1) to apprehend and prosecute high technology criminals and to protect our communities from high technology crime and threats involving computers and computer networks; and (2) to apprehend and prosecute criminals who engage in the unlawful practice of identity theft. REACT was established on the premise that the effectiveness of high technology crime investigations would be enhanced in a task force setting where there is the sharing of multi- agency resources and expertise. REACT will utilize its specialized resources to investigate cases when: 1. Computers and high technologies are the target of a crime; 2. Computers and high technologies are the principal instrumentality of a crime; and 3. Computers and high technologies are misused to facilitate violations of other criminal laws, and a specialized understanding of technology is required for investigation or prosecution. The types of cases meeting these criteria include, but are not limited to, the following': 1. The unlawful access, destruction of, or unauthorized entry into private or government computers or computer networks; 2. The dissemination of malicious software, often known as viruses and worms, which result in the criminal misuse of computers or computer networks; 3. Software piracy and other unlawful use of intellectual property; 4. Large -scale identity theft wherein the majority of the fraud involved the Internet, network access, or other sophisticated computer technology, as well as large -scale multi jurisdictional identity theft crimes where computers are not used; 5. All types of Internet fraud, where the substantive crime is principally conducted over the Internet; 6. Theft of trade secrets; and 7. Threats made over the Internet. 8. ID Theft Investigations V. ADMINISTRATIVE RESPONSIBILITIES A. Proiect Director: A Project Director shall be designated by the Grant Recipient Agency. The Project Director is responsible for managing REACT and has general administrative authority for implementing REACT activities. The Project Director is also responsible for signing all Task Force reports, requests, claims, and certificates, and ensuring that all REACT activities comply with CAL EMA program guidelines and grant management requirements.5 In addition, the Project Director will act as a liaison of the Task Force to the 4 California Penal Code Section 13848(b)(l) -(8) provides the general description of specific high technology crimes for which grant funds are to be used. 5 See CAL EMA Grant Recipient Handbook Section 2111 for the general duties of Project Director. REACT Task Force Memorandum of Understanding Page 3 Executive Board and the Steering Committee. Both are described below. The Project Director will provide details regarding task force operations and budget updates to the Executive Board for comment and review. The Project Director shall designate appropriate personnel to positions as needed to maintain REACT's overall effectiveness. B. Financial Officer: The Financial Officer oversees the actual receipt and payment of grant monies. The Financial Officer is responsible for maintaining proper accounting records; signing fiscal reports, grant modifications and progress reports where appropriate; and ensuring the appropriate expenditure of grant funds. The Financial Officer shall be designated by the Grant Recipient Agency and must be someone other than the Project Director.6 C. Steering Committee: Following CAL EMA guidelines, a local steering committee shall be established and maintained. The committee is to be comprised of representatives from the Recipient and Participating Agencies, federal agencies, the local high technology industry, and other interested parties. The steering committee shall, at minimum, meet quarterly to review REACT activities, provide recommendations, strategic input, and direction for the task force consideration. The Steering committee will also assist in obtaining resources, including funds, equipment, vehicles and other items required to support REACT's mission. D. Executive Board: The REACT Executive Board will be comprised of executive management designees from the Participating Agencies that have assigned personnel to the task force on a full time basis. Federal or non - funded agencies who assign staff to work a substantial amount of time on the task force may assign an executive management designee to participate on the Executive Board. The Executive Board members will work jointly to represent the interests of their agencies, communities, and jurisdictions. They will meet every six months, or as needed, to provide directions, recommendations, and guidance on the policies, budget, and direction of the Task Force, and issues relating to the overall effectiveness of REACT. The Project Director and Operations Manager, described below, shall advise the Executive Board of Task Force operations. E. Operations Manager: The Operations Manager shall be a Peace Officer of supervisory rank from the San Jose Police Department. The Operations Manager shall oversee all field operations, facilitate tactical operations, assign cases and forensic responsibilities, and provide direct supervision of the Team Supervisors described below. The Operations Manager shall maintain a comprehensive case management system to track the progress of REACT investigations. The Operations Manager shall report to the Project Director. F. Team Supervisors: REACT will utilize at least three (3) Team Supervisors. Each of the Team Supervisors will be full -time California Peace Officer of a supervisory rank. The Team Supervisors will be responsible for the day -to -day operations of See CAL EMA Grant Recipient Handbook Section 2112 for the general duties of Financial Officer REACT Task Force Memorandum of Understanding Page 4 their respective Task Force Team. The Team Supervisors will provide direct supervision of his /her Task Force Team, and is a working member of that team. The Team Supervisors shall hold regular case reviews with team members and provide case status to the Operations Manager. The Team Supervisors shall report to the Operations Manager. G. Task Force Investigators and Prosecutors: REACT shall be staffed by qualified investigators and prosecutors recommended by Participating Agencies and federal agencies. Assignment to REACT shall be for a minimum of one year. Consideration for placement on REACT will be based upon past job performance, investigative or prosecutorial experience and the ability to work with others in a close team relationship. Task Force Investigators will be assigned to a Task Force Team supervised by a Team Supervisor. Task Force Agent participants will be sworn and armed personnel, and void of any disability ratings that would eliminate them from performing their functions- i.e. making arrests, participating in search warrants, surveillance, etc. H. Federal Liaison: A federal agency may assign one of its agents to serve as the Federal Liaison to the REACT Task Force. The Federal Liaison shall be responsible for providing advice, assistance, and updates on relevant federal REACT cases. The Federal Liaison shall also assist to maintain good communication and working relationships between REACT and federal agencies. All Task Force members shall work together to maximize React's effectiveness. VI. PERSONNEL A. Membership: The REACT Task Force consists of investigators and prosecutors from the Recipient and Participating Agencies, as well as federal agencies. B. Assignment to the REACT Task Force: Personnel selections for the REACT are at the discretions of the Project Director, each Participating Agency, and each federal agency. Assignment to REACT will be continued based on performance and the needs of REACT. C. Personnel Management: Each member of REACT will be subject to the personnel rules, regulations, and policies of his or her parent agency. If any REACT member's outside employment poses a potential for a "Conflict of Interest," or a conflict with CAL EMA guidelines, regulations or any provision of the CAL EMA Recipient Handbook, said member may be excluded from REACT. D. No Employment by the REACT Task Force of Law Enforcement Personnel: REACT Cal EMA not directly or indirectly employ any law enforcement personnel assigned to it. REACT is established for the effective coordination of high technology and identity theft investigations, and Cal EMA not establish employer - employee relationships with the law enforcement personnel assigned to REACT. REACT Task Force Memorandum of Understanding Page 5 E. Use of Contract Personnel: REACT may employ contract personnel to assist with analytical and administrative tasks deemed necessary by the Project Director. These individuals may be non -law enforcement personnel including, but not limited to, secretaries, financial analysts, computer specialists, linguists, etc. These individuals may be required to pass background investigation and complete a non - disclosure agreement, as determined by the Project Director. F. Responsibility for Conduct: All REACT members remain subject to the direction and control of their respective agency head or designee in all applicable professional and personal matters. The agency head or designee shall be responsible for the conduct and actions of their respective employees. Each REACT member will continue to report to his or her respective agency head for non - investigative administrative matters not described in this MOU. VII. INFORMATION MANAGEMENT A. Records and Reports: All REACT investigative records and reports will be maintained at the REACT Task Force location or in the appropriate law enforcement agency offices. The investigative records and reports shall be kept in a manner that is consistent with applicable state and /or federal laws and regulations. B. Non - Disclosure Agreement. REACT information may only be disseminated on a need -to -know basis, and in a manner that is consistent with applicable state and /or federal laws and regulations. . C. Media: No REACT member will discuss or otherwise reveal information relating to REACT investigations to any media representatives, unless expressly authorized by the Project Director. All media releases on REACT matters will be mutually agreed upon and coordinated jointly by the Project Director and the Santa Clara County District Attorney's media coordinator. Media relations involving federal investigations will be handled by a designee from the appropriate federal agency. VIII. FACILITIES AND EQUIPMENT A. Task Force Office Space: Appropriate and sufficient office space for the Task Force shall be identified and procured by the Project Director, with the assistance of the Operations Manager and the Team Supervisors. B. Vehicles: Each agency shall supply its assigned investigator(s) to REACT a suitably equipped unmarked emergency vehicle. Said agency will provide fuel and maintenance for that vehicle. Each agency, whether providing a vehicle or not, will be responsible for any claims arising out of the operation of any REACT Task Force vehicle by the agency's assigned REACT member. This will include both liability and collision. REACT Task Force Memorandum of Understanding Page 6 C. Other Equipment: REACT Investigators will be provided with computers, cellular telephones, and most other needed electrical equipment to support REACT investigations. At the termination of the Task Force, any and all equipment supplied by agencies will be returned. At times, REACT may request the cooperative assistance Participating Agencies and federal agencies when it requires specialized support, such as air support, surveillance vehicles, or other unique items. IX. STANDARD OPERATING PROCEDURES All REACT members shall abide by policies and procedures including, but not be limited to the following: A. When conducting a federal investigation or operation, a Task Force member shall be subject to applicable federal operational regulations and guidelines. When conducting a state or local investigation or operation, a Task Force member shall be subject to applicable state or local operational regulations and guidelines. B. The investigation of any officer - involved shootings and vehicle accidents shall be handled by the agency of jurisdiction where the incident occurs. Nothing precludes further investigation or concurrent investigation by the parent agencies of the Task Force members involved; C. The Team Supervisors will supply the parent agencies, upon their request, a fair and objective evaluation that reflects the Task Force member's performance while assigned to the Task Force; D. The Team Supervisors will be responsible for implementing a monthly reporting system of team activities and accomplishments. The monthly reports will be used to generate the quarterly reports provided to the Executive Board at the end of each calendar quarter. E. Complaints against a Task Force member will be forwarded to his or her parent agency for investigation. Disciplinary action will be recommended and approved solely by the concerned parent agency. X. PROSECUTIONS After each REACT investigation is completed, a determination shall be made whether the matter should be submitted for prosecution in federal or state court. This determination shall be based on the evidence obtained and consideration of which method of prosecution will best achieve the overall objectives of REACT and the community it serves. Task Force Members who are prosecutors will provide legal review, make charging decisions, and handle the prosecution of REACT cases. Each prosecutors' office participating in the REACT Task Force shall have prosecutors assigned to work with Task Force investigators. REACT Task Force Memorandum of Understanding Page 7 XI. SALARIES AND FUNDING A. Salary and Compensation: Salaries of REACT members shall be paid by their respective agencies. In the event a subsidy is authorized by the Project Director for reimbursement of salary, the terms and conditions of that subsidy will be defined by and administered by the Project Director. B. Overtime: In the event that overtime pay to Task Force members are authorized by the Project Director to be paid out of REACT funding, the Operations Manager and the Team Supervisors will be responsible for authorizing of overtime for investigators and compliance with REACT overtime procedures C. Funding: This MOU is a basic statement of the understanding between the Recipient and Participating Agencies and the methods required for a successful task force. If grant award funding is received from the State of California, the Project Director will be responsible for expending, and accounting for the expenditure of REACT Task Force funds. XII. ASSET SEIZURE /FORFEITURE OF FUNDS Any and all assets and funds received by the REACT as part of administrative, civil, or criminal forfeiture proceedings will be utilized for Task Force operations. The Project Director shall be responsible for expending, and accounting for the expenditure of forfeiture funds. XII1. DEPUTIZATIONS Certain local and state law enforcement personnel assigned to REACT may be cross - deputized with a grant of federal authority for federal arrests and the execution of federal legal process. Deputization of non - federal Task Force members may be necessary for such members to engage in certain federal investigations. Similarly, certain federal law enforcement agents may be cross -sworn as state peace officers so they may engage in state investigations. Administrative and personnel policies imposed by a parent agency on an assigned Task Force member shall remain effective despite cross - deputized. XIV. DURATION, MODIFICATION AND TERMINATION OF MOU Unless modified or terminated, the terms of this MOU shall be for the duration of the REACT Task Force's existence. This MOU may be modified or terminated upon (1) the termination of the Task Force, or (2) the execution of a new, superseding MOU to comply with statutory and /or CAL EMA requirements, or to ensure the continued effectiveness of REACT. Upon the termination of the REACT Task Force, all equipment possessed by the Task Force shall REACT Task Force Memorandum of Understanding Page 8 be brought back to REACT. The Project Director shall then properly disburse and return all such equipment. Each Participating Agency retains the right to terminate its participation by giving a 30 -day written notice to the Grant Recipient Agency of its intent to terminate. Similarly, depending on funding availability and performance, the Grant Recipient Agency may terminate an individual's participation in REACT by giving a 30 -day notice to the individual's parent agency of the intent to terminate. A Participating Agency that wishes to terminate its participation in REACT must return all REACT equipment to the Task Force. Similarly, REACT will return to a withdrawing agency any equipment supplied by the withdrawing agency. XV. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING This MOU is subject to amendment at the direction of CAL EMA or its designee, or at the direction of the Grant Recipient Agency when such changes are necessary to comply with grant program requirements. The undersigned state they represent and have the authority to execute this MOU on behalf of their respective agencies /departments and, in signing this Agreement, concur with and support REACT as set forth in this Agreement and for the period and purpose as stated herein. XVI. NO THIRD PARTY RIGHTS This MOU is not intended, and shall not be construed, to create any right, benefit, or enforceable law, substantive or procedural, for any third party against any parties in this MOU, the State of California, the United States, or the officers, employees, agents, or other associated personnel thereof. REACT Task Force Memorandum of Understanding PARTICIPATING AGENCY SIGNATORY SO AGREED: REACT MEMORANDUM OF UNDERSTANDING The undersigned has read the above REACT Task Force Memorandum of Understanding and states he /she has the authority to execute this MOU on behalf of his /her respective agency or department. In signing this document, the undersigned concurs with and agrees to support the Rapid Enforcement Allied Computer Team (REACT) Task Force's mission as set forth in this Agreement and for the period and purpose as stated herein. Name ?OUCe C Title Agency Dated: