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HomeMy WebLinkAboutSanta Clara County - REACT Task Force MOU (2020)I. AUTHORITIES REACT (Regional Enforcement Allied Computer Team) TASK FORCE MEMORANDUM OF UNDERSTANDING June 30 , 2019 California Penal Code Sections 13848 through 13848.4 provides authority and funding for the "High Technology Theft Apprehension and Prosecution Program ." REACT is a task force within this Program. The REACT task force is administered and managed by the Santa Clara County Office of the District Attorney . II. PARTIES This MOU is a formal task force agreement between the County of Santa Clara Office of the District Attorney, and the Participating Agencies of REACT. The Participating Agencies are government agencies that receive high technology , identity theft , or related funding from the State of California to participate and achieve the goals of REACT. 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 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 . Ill. PURPOSE The purpose of this MOU is to describe the responsibilities and commitments of the Participating Agencies in REACT. The MOU also outlines the mission and objectives for REACT. Nothing in this MOU is intended to create local agency or a joint powers agreement. REACT acts only through voluntary participation by the individual Participating Agencies and is not authorized to hold property or exercise independent powers . REACT funds are held and disbursed solely by the County of Santa Clara. Budgetary decisions are made by the Office of the District Attorney with input from the Participating Agencies. This MOU supersedes all previous REACT Task Force MOUs. REACT Task Force Memorandum of Understanding Page 2 IV. MISSION 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 . A. REACT will utilize its specialized resources to investigate cases when: B. 1. Computers and high technologies are the target of a crime ; 2. Computers and high technologies are the principal instrumentality of a crime; or 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. 1. 2. 3. 4. 5. 6. 7. 8. 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 ; The dissemination of malicious software , often known as viruses and worms, which result in the criminal misuse of computers or computer networks; Software piracy and other unlawful use of intellectual property; 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 ; All types of Internet fraud , where the substantive crime is principally conducted over the Internet; Theft of trade secrets; Threats made over the Internet; and ID Theft Investigations. V. ADMINISTRATIVE RESPONSIBILITIES A. Project Director: A Project Director shall be designated by the County of Santa Clara Office of the District Attorney . 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 State program guidelines. In addition, the Project Director will act as a liaison of the Task Force to the Executive Board and the Steering Committee. Both are described below. The 1 California Penal Code Section 13848(b)(1 )-(8) provides the general description of specific high technology crimes for which allocated funds are to be used. REACT Task Force Memorandum of Understanding Page 3 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 within the task force as needed to maintain REACT's overall effectiveness. B. Financial Officer: The Financial Officer oversees the actual receipt and payment of state funds. The Financial Officer is responsible for maintaining proper accounting records ; signing fiscal reports, fund modifications and progress reports where appropriate ; and ensuring the appropriate expenditure of funds. The Financial Officer shall be designated by the County of Santa Clara Office of the District Attorney and must be someone other than the Project Director. C . Steering Committee: 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 that 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 rep resent the interests of their agencies , communities, and jurisdictions. They will meet every six months , or as needed , to provide 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 one of the participating agencies other than the County of Santa Clara Office of the District Attorney. 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 one (1) Team Supervisor. The Team Supervisor will be full-time California Peace Officer of a supervisory rank. The Team Supervisor will be responsible for the day-to-day operations of their respective Task Force Team . The Team Supervisor will provide direct supervision of their Task Force Team, and will be a working member of that team. The Team Supervisor shall hold regular case reviews with team members REACT Task Force Memorandum of Understanding Page 4 and provide case status to the Operations Manager. The Team Supervisor 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. Participating Agencies shall ensure that all Task Force members work together to maximize REACT's effectiveness. VI. PERSONNEL A. Membership : The REACT Task Force consists of investigators and prosecutors from the Participating Agencies , as well as federal agencies . B. Assignment to the REACT Task Force : Personnel selections for REACT are at the discretion 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 employing agency. D. If any REACT member's outside employment poses a potential for a conflict of interest, as determined by the Project Director, said member may be excluded from REACT. No Employment by the REACT Task Force of Law Enforcement Personnel : REACT does not directly or indirectly employ any prosecutors or law enforcement personnel assigned to it. REACT is established for the effective coordination of high technology and identity theft investigations , and does not establish employer-employee relat ionships with the law enforcement personnel and prosecutors assigned to REACT. All personnel assigned to REACT by their employing agencies shall remain employees only of their respective employing agencies and shall not have any claim or right to employment, civil service protection , salary, or benefits or claims of any kind from REACT or from .fellow Participating Agencies. · 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 . C. Other Equipment: REACT Investigators will be provided with computers, cellular REACT Task Force Memorandum of Understanding Page 6 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 veh icles , or other unique items. IX. STANDARD OPERA TING 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 Participating Agencies employing the Task Force members involved. C . The Team Supervisors will supply a Participating Agency , upon its 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 employing agency for investigation. Any disciplinary action will be recommended, approved, and implemented solely by the concerned employing 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 i n 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 employing 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 is 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 County of Santa Clara Office of the District Attorney and the other Participating Agencies and the methods required for a successful task force. If funding is received from the State of California, the Project Director will be responsible for expending , at his or her discretion, and accounting for the expenditure of REACT Task Force funds.2 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, consistent with legal requirements for such assets and funds. The Project Director shall be responsible for expending, and accounting for the expenditure of forfeiture funds . XIII. 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 an employing agency on an assigned Task Force member who is an employee of that agency shall remain effective despite the fact that the employee is 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 2 California Penal Code Section 13821 (c)(8) provides the general description of funding allocated to High Technology Theft Apprehension and Prosecution Programs. REACT Task Force Memorandum of Understanding Page 8 California Governor's Office of Emergency Services 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 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 County of Santa Clara Office of the District Attorney of its intent to terminate. Similarly, depending on funding availability and performance, the Office of the District Attorney 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 the County of Santa Clara Office of the District Attorney when such changes are necessary to comply with 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 to this MOU , the State of California , the United States, or the officers, employees , agents, or other associated personnel thereof. II II II II II II 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 Regional Enforcement Allied Computer Team (REACT) Task Force's mission as set forth in this Agreement and for the period and purpose as stated herein. For the Agency : Approved as to Fo rm: Gil roy City Att orney's Office By:b City Attorn,y For Santa Clara County : ~-gn_;~_by-: -------------- FF!J.B~~en, District Attorney Dated : 9/24/2019 ~to- ~ DocuSlgned by: ~!\}6.8'Stnith, County Executive 9/26/2019 Dated : ____ _ Approved as to form and legality: C\J-:"_·N_~_Y'-°'#+-/Wv _____________ _ it-ai~ayan, Lead Deputy County Counsel D d 9/24 /2019 ate : ____ _