MULTI-JURISDICTIONAL NARCOTICS TASK FORCE
DATE: Updated November 16, 2007
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PURPOSE: This memorandum outlines the procedures and conditions of the operation of the Eastern North Carolina Multi-Jurisdictional Narcotics Task Force. A Board of Directors, consisting of the various departmental heads, will oversee the operation of the task force.
MEMBERSHIP REQUIREMENTS: Membership is set at ten departments. The number of member agencies can only be changed by a vote of the Board of Directors. Any agency wishing to join the Task Force must be sponsored and recommended by a member agency. A majority vote of the Board of Directors will be needed to allow membership. The following are required of all agencies:
1) Agencies wishing to join must be willing to finance their own narcotics buys.
2) Attendance by department head at all meetings. Failure to attend three consecutive meetings without a valid reason will result in termination of department from Task Force.
3) Each agency will be required to provide personnel to assist operations in the other Task Force jurisdictions. The undercover officer going out will be compensated by his or her parent agency and the requesting agency will provide for gas. Each agency must make an attempt to provide a fair and equitable reciprocation for work done in their jurisdiction. Failure to make this attempt is grounds for termination by the Board of Directors.
SCOPE: These procedures and conditions are binding to the departments and personnel assigned to this activity. Operational details and compliance with the procedures outlined are the responsibility of the assigned personnel. Failure to adhere to this directive is unsatisfactory performance of an assigned duty.
Situation:
Street level drug traffic in moderate to low income areas of the represented agencies communities has fostered increased random violence such as assaults and robberies and created a climate of fear among citizens in the community in general and the areas where this activity is taking place in particular. The increase in the frequency of the use of firearms as an instrument of criminal activity in the community has fostered increased levels of apprehension among citizens and is directly related to drug trafficking and use.
Mission:
1. To reduce the drug trafficking activity in areas identified by investigative
and intelligence information through the use of law enforcement
resources from the represented agencies.
2. To reduce the number of violent crimes committed in the same area and
in the community in conjunction with drug sales and use, particularly
those involving the use of firearms.
3. To identify individuals and networks of individuals whether organized or
not, neighborhood conditions, and other factors contributing to the drug
activity in these locations and develop a plan in coordination with
community groups and social service organizations to work towards the
elimination of this activity, thereby returning the neighborhoods to law
abiding residents and increasing the overall safety of all citizens in the
represented departmental jurisdictions.
Operations:
A. Concept:
There are four stages to the operation: Planning, information gathering
and community education and involvement, operations, and after-action
evaluation.
1. Planning: This will be concurrent with the operational planning and will
include all aspects of the operation.
2. Information gathering: Will be concurrent with planning and operations.
Analysis of information will take place on a daily basis in conjunction
with all operational activity.
3. Operations: The Task Force will be activated on the instructions of the
department heads. Operations will be maintained on a monthly basis,
or when the department heads determine operational goals have been
achieved.
B. Command and Control:
1. Department heads of the participating agencies will assign personnel
from their agencies.
2. The department heads will mutually agree on a Board of Directors,
consisting of the following positions: Chairman, Vice-Chairman,
Secretary/Treasurer, Resource Management Officer, Assistant
Resource Management Officer, Training Officer and Assistant
Training Officer. A Task Force Commander, subject to the approval
of all department heads, will be appointed to lead the Task Force.
Individual department heads will handle Public Relations.
3. The Board of Directors will administer all functions of the task force.
a. The Board of Directors will meet the second Thursday of each month to
receive a briefing on Task Force operations and to formulate
decisions concerning the Task Force operations.
b. Emergency consultations may be made telephonically.
4. Board of Directors responsibilities and authority.
a. Chairman- Shall be responsible for overseeing all meetings of the
Board of Directors. He shall contact all board members and provide
for a location and time for all meetings of the board. He shall be
responsible for insuring proper parliamentary procedure for all
meetings.
b. Vice-Chairman- Shall assist the Chairman with running meetings and
making notification to all members about future meetings. Vice-
Chairman will assume the duties and responsibilities of the Chairman
in the Chairman' absence.
c. Secretary/Treasurer- - Shall brief the Board of Directors on the
operation as requested and provide a detailed written report showing
the utilization of all assigned officers, arrests, convictions, travel,
informant development and use, fund expenditures, criminal
intelligence information regarding individuals and/or organizations,
searches, seizures, and other pertinent operational details upon
request. As treasurer, he shall be responsible for the acquisition and
disbursement of any funds which are jointly acquired or individually
contributed from participating departments to the Task Force. He
shall maintain records of all funds received, to include sources of
funding, and all funds disbursed.
d. Resource Management Officer- Shall be responsible for making
contact with federal, state, county, and civilian agencies for the
purpose of obtaining monies, vehicles, equipment, etc., for the
purpose of operating a successful Task Force.
e. Assistant Resource Management Officer - Shall assist Resource
Management Officer and operate as Resource Management Officer in
his absence.
f. Training Officer - Shall make contact with certified instructors for
training purpose and shall schedule dates and times for appropriate
training. He shall be responsible for coordinating with department
heads to ensure that officers ard available for all training exercises.
g. Assistant Training Officer - Shall assist Training Officer and operate
as Training Officer in his absence.
5.Task Force Commander responsibility and authority.
a. The Commander is responsible for the establishment of a concise
written Standard Operating Procedure based on the operations
plan.
b. The Commander is responsible for establishing and making a record
keeping system that fully documents all aspects of the operation.
c. The Commander is responsible for the scheduling and assignment of all
officers assigned to the team, with the exception of overtime and
overnight out of town travel requiring lodging and per diem. This must
be approved in advance by the appropriate department head of the
department which must pay the overtime or expenses.
d. The Commander is responsible for Task Force discipline. The
Commander is authorized to take appropriate immediate action when
necessary and justifiable to immediately terminate any operation. The
issue will then be referred to the appropriate department head. At all
other times the Commander must follow the guidelines for the
appropriate department or refer the issue to the appropriate
department head for resolution.
e. The Commander will be responsible for ensuring written input into
every assigned officers' performance evaluation regardless of home
department.
6. Assigned officers operate under the stipulations of mutual aid
agreements and this memorandum and are under the operational
control of the Board of Directors for the duration of the assignment.
However, they remain responsible to their home departments for all acts
or omissions in the conduct of their assigned duties. Operational
guidelines of the department with jurisdiction will apply for all routine
law enforcement activities. Conflicts will be resolved by the department
heads. In non-routine activities such as the use of force, vehicle pursuit,
etc., assigned officers shall apply the operational guidelines of their
home departments.
C. Intelligence gathering and records, information and surveillance
Intelligence information will be gathered through informant information
and surveillance activity. These activities are subject to the guidelines of
the participating agencies and must, as a minimum, meet the following
requirements.
1. Intelligence information gathered through the operation will be
considered sensitive and not for public release. Access to records and
documents and sources by law enforcement and other government
representatives will be restricted to a need-to-know basis.
Dissemination to persons not authorized access on a need-to-know basis
must be approved by the Board of Directors. A written record of such
approval and dissemination will be maintained in the permanent files.
2. Electronic surveillance activities, i.e., use of still or video cameras and
taping of conversations shall only be accomplished after the review and
approval of the department heads. Written records, audio and video
tapes, film, negatives, photographs, slides, or any other product
produce by surveillance activity is investigative information not for
publc release and will be classified and handled as evidence regardless
of actual or planned use in court.
3. An informant register will be instituted. The informant register will be
prepared and maintained by each department head. Informant
information is the most sensitive of all the information held. Access will
be authorized only if necessary. Full access to all informant information
will be restricted to participating agency heads. Informants will be
identified in the register as follows;
a. An informant code will be assigned to each individual. The code will
be used in all reports and correspondence to identify the informant.
b. A separate file will be maintained on each informant. Background and
detailed biographical information, including a copy of any existing
criminal record. The latter will be updated every six months and each
time the informant information is to be used to support a search,
seizure, arrest or other law enforcement action.
c. Synopsis of all cases the informant has been involved in to include
disposition.
d. A complete record of contact with each informant will be maintained.
Officers operating an informant must report even accidental social
contact to their respective department head. Department heads will
debrief officers and review the activity reports after each informant
contact.
D. Fund expenditures for information and contraband purchases.
1. Each department, either through the department head or debriefing
officer, will supply funds to the undercover officers for purchases of
contraband and operation expenses.
2. All monies paid to confidential informants will be paid either by the
department head or his debriefing officer.
3. Any monies received for the operation of the Task Force from other
sources shall be turned over to the Task Force treasurer.
E. Raids, searches, and group arrests.
1. It shall be the responsibility of the Task Force Tactical Team to make all
initial entries, and secure all premises and suspects on all raids and
searches.
2. Raids and searches on public and/or private premises will only be
conducted after the full information upon which the action is based has
been reviewed by the department head.
3. Raids and searches on public and/or private premises that are based on
informant information require the following additional verification.
a. Independent information from another source that verifies the
informant's information.
b. Surveillance or other independently obtained police information that
verifies the informant information.
4. Approval from the participating department heads must be obtained
prior to any raids or search of premises. The supporting documents and
affidavits and warrants will be reviewed.
5. The Task Force Tactical Team Commander is responsible for supplying
the Task Force Commander with a prepared detailed plan for any
search or raid operation. The Task Force Commander must then obtain
approval by the participating department heads. The plan will include, if
available;
a. Accurate (not to scale) maps of the property to be raided/searched and
its boundaries. If an interior, floor plans including windows, exits,
closets.
b. Equipment list
c. Specialized support needs and justification (if any) including additional
personnel.
d. Specialized units and justification.
e. Defined plan including entry, securing premises and persons, arrests,
use of force, search plan, seizures, to include recording, handling, and
packaging of evidence and leaving/securing the premises.
6. All above mentioned conditions are necessary for planned group,
whether or not searches are involved.
F. Dissemination of information to other Law Enforcement operations and
agencies.
1. Dissemination of information to participating agency patrol and
investigative personnel will be at the discretion of department heads.
2. Dissemination of information to non-participating county and state
agencies will be at the discretion of the department heads.
3. Raid, search and mass arrest operations will be announced to county
and state agencies at the discretion of department heads.
G. Media information
1. Individual department heads will be responsible for handling their own
media releases and contacts.
2. Media access to operational records and activities must be approved by
the Board of Directors. Media will not be allowed access to confidential
informant information or investigative files.
Forfeitures:
Any funds received by a member agency through seizure or forfeiture proceedings as a result of a Task Force involved operation shall be divided between the arresting agency and the Task Force. The division shall be 50% to the arresting agency and 50% to the Task Force. The Task Force amount will be placed in treasury to finance future operations. Any funds received as the result of sale of seized property are subject to the same division. Also, any vehicle seized and maintained by a member agency shall be made available for Task Force use. Upon disbandment of this Task Force, any and all monies in the treasury shall be disbursed and divided equally among all active member agencies.
Complaints against officers:
Complaints against officers participating in the operation will be investigated by the department head, including alleged constitutional rights violations, use of force resulting in injury to any party, or allegations of corruption. Officers under investigation will be returned to their home agencies and their status will be in accordance with the personnel regulations of the home department until such time as their investigative findings are made. Disciplinary action, if required will be in accordance with the officer's home department personnel guidelines.
Termination of Operations:
At the end of each operation, as determined by the department heads, the
following will occur:
A. A written analysis of the operation will be prepared and briefed to agency
heads and government officials by the Task Force Commander to include;
1. Arrests, convictions, seizures, forfeitures, sentences, informants use,
funds expended.
2. Problems encountered and solutions applied.
3. Successes, lessons learned.
B. Press release and press conference to be conducted by local department
head.
AGREEMENT:
The undersigned department heads acknowledge full agreement with the stipulations, restrictions, procedural requirements and conditions of the joint task force outlined above. They further agree to modifications voted on and approved by all department heads.
EASTERN NORTH CAROLINA MULTI-JURISDICTIONAL NARCOTICS TASK FORCE MEMORANDUM OF UNDERSTANDING IN WITNESS THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THIS ______ DAY OF ____________________, 2009.
BY: ______________________________________ POSITION: ___________________________
AGENCY: ___________________________________________________________________
NORTH CAROLINA
_____________________ COUNTY
I, ________________________________, a Notary Public for said County and State, do hereby certify that the above signatory personally appeared before me this day and acknowledged the due execution of this agreement.
Witness my hand and official seal, this the _______ day of ____________________, 2009.
_________________________________________
Notary Public (seal)
My Commission expires ________________________, ________
