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HomeMy WebLinkAboutCOM 0437.000 1998-2000 acv os M~ a~..,. w, r,c..-, Stephen K.Yamashiro ubV/oy; Harry A. Takahashi Mayor Director ~ '99 SEP 9 Rf~ 9 18 S. K. Schulte ~Tt. OF a~'~ Deputy (~DIIICrp Ot ~~~lAl['ou~ ~ i~ ! ~„,~,~%1il DEPARTMENT OF FINANCE 25 Aupuni Sheet, Room 118 Hilo, Hawaii 96720-9252 (808)961-8239 Fax (808)961-8248 September 8, 1999 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget Enclosed is a bill for an ordinance appropriating $27,276 for an Organized Crime Drug Enforcement Task Force program. Also enclosed is a resolution authorizing the Mayor to enter into an agreement for the grant. The U.S. Department of Justice is providing funds for overtime and travel costs incurred by deputized officers during special investigations and prosecutions. If there are any questions, please do not hesitate to call the Hawaii County Police Department. ~~,~~~,~--G-i~ Harry A. T ahashi Director of Finance APPROVED: phen K. ashiro Mayor Enc. 8i1~ ~d7 tics. /'!/-9y Comm. No. ~ File No. F N PR Ref. To: FC Ref. Date ~ 1 0 1999 Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR_COUNCIL ACTION DEPARTMENT: POLICE DATE: 9/2/99 STAFF CONTACT:_ GARY MAESATO1 BUSINESS MANAGER _ _ PHONE: 961-2279 To apppropriate an additional $27,276.00 under account number 010--201-5219.63--115. To enter into a contract with the U.S. Department of Justice Drug Enforcement Administration to provide an OCDETF Grant. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The Hawaii County Police Department would like to enter into a contract with the U.S. Department of Justice Drug Enforcement Administration entitled "OCDEFT Grant." This contract will provide funds for overtime and travel costs incurred by deputized officers during special investigations and prosecutions. SIGNED: _ ~ `l ~,~I"WwW~i'~A - DATE: _ ~I-'~- %cI P LICE CHIEF Organized Crime Drug Enforcement Task Forces State and Local Overtime and Authorized Expense Program Policies and Procedures Manual January 1999 Executive Office for the Organized Crime Drug Enforcement Task Forces ` Organized Crime Drug Enforcement.Task Forces State and Local Overtime and Authorized Expense Program INTROD TiON• The Organized Crime Drug Enforcement Task Force (OCDETF) Program has consistently worked in close partnership with State and local law enforcement agencies in the investigation and prosecution of major drug trafficking organizations. Since its inception in 1982, OCDETF has operated a program designed to reimburse State and local law enforcement agencies for the overtime costs of law enforcement officers while assisting in OCDETF investigations. Originally, the resources to support this effort were derived from a specific appropriation made by the Congress. Beginning in 1995, the source of funding changed to the Department of Justice Assets Forfeiture Fund. This has resulted in a number of policy changes, the most significant of which involves Federal agency sponsorship of State and local participation. The OCDETF Program includes Federal agencies from the Departments of Justice, Treasury and Transportation, and over the years a significant number of agreements with State and local agencies have been sponsored by the Bureau of Alcohol, Tobacco and Firearms, the U.S. Customs Service, or the Internal Revenue Service. Since funds derived from the Department of Justice Assets Forfeiture Fund are ' available for use only by those agencies that participate in the fund, Treasury and Transportation agencies are no longer eligible as sponsoring Federal agencies. For practical purposes, this limits sponsoring Federal agencies to the Drug Enforcement Administration, the Federal Bureau of Investigation, the U. S. Marshals Service, and the Immigration and Naturalization Service. The Treasury Department agencies that actively participate in OCDETF investigations have each established their own policies and procedures for covering State and local agency overtime costs. State and local officers assigned to assist in OCDETF investigations perform a variety of functions including but not limited to: interviewing witnesses, conducting surveillance, performing undercover assignments, handling informant transportation and/or prisoner transportation, preparing and executing search and arrest warrants, serving subpoenas, assisting with trial preparation, and testifying at trials. Officers assigned to OCDETF investigations are expected to work full-time (e.g., 8 hours per day, 40 hours per week) on the investigation and the parent State or local agency must pay the base salary of these officers. In the event officers must work overtime on the OCDETF investigation, the OCDETF Program will reimburse the parent State or local law enforcement agency for a limited amount of those overtime costs. I To be eligible for this funding, the State or local officers must be specifically assigned to the OCDETF investigation and the parent agency must enter into an Agreement with the OCDETF Program. The sponsoring Federal agency must be a participant in the Department of Justice Assets Forfeiture Fund. The sponsoring Federal agency is expected to provide funds for case related travel and per diem costs by State and local officers. In limited cases the State/local overtime funding may be used for this purpose when the sponsoring agency is unable to do so. The OCDETF State and local fund is not to be used for equipment procurement or operational subsidies. This fund is not used for either the purchase of evidence or confidential informant fees. Additionally, overtime and authorized expenses for personnel other than sworn law enforcement officers are not permitted. With prior approval of the Executive Office for OCDETF, extraordinary expenses not specifically allowed may be reimbursed to a State or local agency through this program. No retroactive approvals shall be authorized unless they occur during the thirty (30) days preceding the approval of an OCDETF drug investigation or ninety (90) preceding the approval of a money laundering or financial crimes investigation. Exceptions to this rule must be approved by the Assistant United States Attorney (AUSA) OCDETF Coordinator and the Executive Office for OCDETF. The Executive Office for OCDETF is the coordination and policy office for the OCDETF _ State and Local Overtime and Authorized Expense Program. The Executive Office will coordinate and manage funding on a nationwide basis for all State and local agreements and reimbursement requests. The Executive Office is responsible for planning, developing, and implementing the policies and procedures for the program with support from the OCDETF Regional Coordination Groups and the OCDETF Agencies. The AUSA OCDETF Coordinator will coordinate and manage the funding requests for each OCDETF region. The Agency OCDETF Coordinator(s) requesting overtime, travel and per diem funds for State and local law enforcement officers shall submit the individual Agreements and Reimbursement Requests which have been forwarded to them by their agency's field office SAC to the AUSA OCDETF Coordinator. Agency OCDETF Coordinators are responsible for ensuring that individual offcers do not exceed the yearly maximum overtime payment. Agency OCDETF Coordinators may require that State and local agencies submit the optional Officers Overtime Log for this purpose. The OCDETF Coordination Group will review and approve or disapprove each request to obligate overtime, travel and/or per diem funds for each specific agreement. 2 PROC E~FS~ 1. A;ree_ment• a. The Agreement for the Use of the OCDETF State and Local Overtime and Expense Program (Agreement), must be completed whenever a State or local law enforcement agency plans to seek reimbursement for the overtime costs and authorized travel and per diem expenses resulting from participation in a OCDETF investigation. The Agreement lists very specific terms and conditions to which the State or local agency and the OCDETF are agreeing. It must be carefully reviewed and understood by all approving officials. The sponsoring Federal agency must be a participant in the Department of Justice Assets Forfeiture Fund. b. Agreements are approved on a fiscal year basis. The fiscal year of the Federal government begins on October 1 of a given year and ends on September 30 of the following year. An Agreement must fall within a fiscal year period. Since investigations frequently span two or more fiscal years, new Agreements must be initiated for each fiscal year. c. Agreements are specific to a single OCDETF investigation. While a single State/local law enforcement agency may be simultaneously participating in several OCDETF investigations, aseparate Agreement must be executed for each OCDETF investigation number. d. The List of State or Local Law Enforcement Officers Assigned to Participate in the State and Local Overtime and Authorized Expense Program identifies the State or local officers who have been assigned to the investigation and are expected to receive overtime or travel and per diem funding. e. Required Signatures (1) Each Agreement must be approved and signed by a State or local law enforcement agency official who is authorized to assign the participating law enforcement officers to the OCDETF investigation; the SAC (or designee) of the sponsoring Federal agency field office where the State or local officers will be working; the sponsoring Federal agency OCDETF Coordinator; and the AUSA OCDETF Coordinator. (2) When an OCDETF investigation involves more than one Federal law enforcement agency a single Agreement may be used but officials from both Federal agencies must sign the Agreement. There must be a separate Agreement for each State/local agency, and for each investigation in which aState/local agency is participating. 3 (3) Other signatures, such as non-core city Lead AUSA's, may also be required a[ the discretion of the AUSA OCDETF Coordinator. (4) All required signatures must be obtained before the Agreement can be accepted and the funds obligated. f. Agreement Approval (I) The sponsoring Federal agency SAC is responsible for obtaining the appropriate State or local agency review and approval and forwarding it to the Agency OCDETF Coordinator. (2) The OCDETF Agency Coordinator(s) must submit the proposed Agreement to the OCDETF Coordination Group for approval. This should occur as part of the OCDETF investigation selection process or soon thereafter if the need for State and local participation is expected. (3) The OCDETF Coordination Group must review and approve Agreements for overtime and expense fund requests. Each Agreement shall be for a specific amount of funding and for a specific period of time either the entire fiscal year (October I through September 30) or the remaining portion of the fiscal year (beginning date of agreement through September 30). (4) The 4IIpip31 signed Agreement must be submitted promptly to the Executive _ Office for OCDETF for final review and acceptance. (5) The OCDETF Coordination Group will ensure that the cumulative overtime and authorized expense commitments do not exceed the total regional fund allocation. (6) Reimbursement for any expenditure above the Agreement amount must be approved in advance by both the OCDETF Coordination Group and the Executive Office for OCDETF. (7) In some extraordinary situations and with prior written approval from the Executive Office for OCDETF, an Agreement may be retroactive to a mutually agreed upon date, but not prior to the investigation being approved as a OCDETF investigation. (8) Amendments or changes in the amount of the Agreement or the listed participating law enforcement officers that occur after an Agreement has been executed must be agreed to by all approving officials. These amendments or changes must be transmitted by a memorandum approved and signed by the AUSA OCDETF Coordinator for the region and forwarded to the Executive Office for . OCDETF. 4 (9) [f a State or local officer is unable to be assigned to an OCDETF investigation on a full time basis, an exception to the full-time rule must be granted by the OCDETF Coordination Group. The State or local agency must provide written justification when requesting this exception. 2. Reimbursement Regt To receive payment for overtime and authorized expenses incurred by their officers, State and local agencies must submit a Reimbursement Request Form. a. Prior to any Reimbursement Request being submitted, a signed and fully executed Agreement between the State or local law enforcement agency and the cognizant OCDETF Region must be in place. b. The SAC (or designee) of the field office of the sponsoring Federal agency with which the State local officer(s) is working must sign and forwazd the original signed Reimbursement Request to the Agency OCDETF Coordinator. The SAC is responsible for determining that the monies claimed are in accordance with the Agreement and authorized under these Policies and Procedures, and for insuring that overtime payments are legitimate and not excessive. Expenses claimed must be for case-specific travel and per diem unless specifically authorized by the Executive Office for OCDETF. c. The Reimbursement Request must contain the signature of the authorized State or local official certifying that the overtime costs, authorized travel, and per diem expenses are for the law enforcement officers identified in the Agreement, and that the costs were incurred as part of the approved OCDETF investigation. d. The Agency OCDETF Coordinator is responsible for reviewing the Bequest and for submitting the original signed Reimbursement Request to the AUSA OCDETF Coordinator after ensuring that the request falls within allotted budget allocation for the Agreement. Agency OCDETF Coordinators must ensure that overtime for each officer on a per annum basis does not exceed 25% of a GS-10, Step 1 in effect at the time the overtime was worked and that only authorized expenses are claimed. e. The AUSA OCDETF Coordinator is responsible for final review and approval of the Reimbursement Request before forwarding the original signed Reimbursement Request to the Executive Office for OCDETF. f. The Executive Office for OCDETF is responsible for ensuring that reimbursement is appropriate, funds are available for payment, and that the reimbursement is processed and paid through the financial management system of the Department of Justice. ` 5 3. payment: a. Reimbursement Requests MUST be supmitted on a monthly basis. Any deviation from monthly billing must be approved by the OCDETF Coordination Group and the Executive Office for OCDETF. b. Payments will be made directly to the State or local law enforcement agency for the expenses of the officers designated in the Agreement. Direct payments to officers are not allowed. c. Payments will be based upon: (a) the authorized overtime rate of each participating officer listed in the Agreement as established by his/her agency, including applicable fringe benefits, and (b) the authorized case-specific travel and per diem expenses incurred as a result of the investigation, to the extent that these costs are not covered by the sponsoring Federal agency. The total overtime paytt]ents for an individual officer fora 12-month period is not to exceed 25 ~ of the current GS-10, Step I Federal salary rate in effect at the time the overtime was performed. d. The initiating Federal agency field office SAC (or designee) and the State or local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed and that overtime has not exceeded 25 % of the GS-!0, Step 1 per annum rate in effect at the time the overtime was worked. The State or local officers may follow the travel regulations of their respective agencies when such written regulations exist as long as the State or local regulations do not conflict with Federal regulations; otherwise, Federal travel regulations shall govern all State and local travel and per diem. in no instance shall the amount claimed exceed Federal allowances. e. For reimbursement, the State or local officers must be specifically assigned to the OCDETF investigation, listed in the Agreement, and work full-time on the OCDETF investigation. Reimbursement payment will only be made for overtime hours and case-specific travel and per diem costs that have accrued consistent with the agency's existing contract requirements and policies and procedures. No indirect cost for the administration or implementation of the Agreement or the Reimbursement Request shall be allowed. f. The AUSA OCDETF Coordinator will review and approve Reimbursement Requests prior to transmittal to the Executive Office for OCDETF. g. The State or local law enforcement agency shall maintain complete and accurate records and accounts of all obligations and expenditure of funds under the Agreement in accordance with generally accepted accounting principles to facilitate on-site inspection and auditing of such records and accounts. 6 h. The State or local law enforcement agency shall permit, and have readily available for examination and auditing by representatives of OCDETF, the sponsoring Federal agency, the U.S. Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. In addition, all such records and reports shall be maintained until all audits and examinations are completed and resolved, or for a period of six years after termination of the Agreement, whichever is sooner. APPROVED FORMS• The following pages contain: 1. The four-page OCDETF form to be used by State and local agencies and affected Federal agencies when an Agreement is sought for the use of the OCDETF State and Local Overtime and Authorized Expense Program; 2. The one page form to be used by State and local agencies to request reimbursement of overtime and authorized expenses; and 3. A one page Officers Overtime Log form which the OCDETF Coordination Group may, at its discretion, require to be submitted by the State or local agency. _ The purpose of the form is to assist in tracking individual officer payments to ensure the annual maximum is not exceeded. While changes to these forms are minor, it is suggested that previous editions no longer be used and current forms be phased in as quickly as possible. 7 ORGANIZED CRTIYIE DRUG ENFORCEMENT TASK FORCES Agreement FOR THE USE OF TAE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM DateotRequest: August 30, 1999 Federal Tax Identification M: 996-000-567 ~ K: Amount Requested: OC1)ETF Iavestigatian S 27,276.00 Number. PA-HI-031 Federal A tnvestigp~ion Number of Of[icers Listed: 3 Number. -98-0063 From: October 1, 1999 State ar Local Agency Name and Address: Begtaaiag Aete o[ Agreement To: September 30, 2000 Hawaii County Police Department Eadiq pate of A regiment 349 Kapiolani Street State or Loa! Agency Hilo, Hawaii 96720 Contatt Person: Wayne G. Carvalho, Police ief ' Telephone Number: (808) 961-2244 - Sponsoring Federal Agencypes): Drug Enforcment Ar~ninistration This agreement is betwxn the above named State or local law enforcement agency and Organized Crime Drug Enforcement Task Fora. This agreement shall be effective when signed by an authorized Srate or local agency official, the sponsoring Federal Agency Special Agent-In- Charge and Agency OCDETF Coordinator, and the Assistant United States Attorney OCDETF Coordinator. 1. It is agreed that the State or local law enforcement officers named on this agreement will assist in Organized Crime Drug Enforcement Task Fora investigations and prosecutions as sct forth in the ~giifllZGY~Crime Drua F.nfo m nt Taak Fn uidelin~, NovCmber 1997. 2. ` The State local law enforcement agency agrees to provide experienced drug law enforcement otfcers who are idenrified in this agreement to work on the specified OCDETF investigation. Any change in law enforcement officers assigned must be agreed to by all approving officials.. Agreement (Ian. 99), Pega 1. 3. Officers who are not deputized shall possess no law enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent agency. 4. Officers who are deputized may possess Federal law enforcement authority as specified by the agency affording the deputation. 5. Any State or local officers assigned to an OCDETF investigation in accordance with this agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the investigation. 6. The OCDETF and the sponsoring Federal law enforcement agency(ies) for the approved OCDETF investigation will provide to assigned State local officer(s) the clerical, operational and administrative support that is mutually agreed to by the parties to this agreement. 7. The U.S. Department of Justice will reimburse the agency for approved overtime costs and authorized travel and per diem expenses for law enforcement officers assigned to the specified OCDETF investigation. The agency is responsible for paying its employees for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. Analysis of reimbursement claims by the Task Force may result in a modification of the obligation of funds contained within this agreement as well as the time period covered. The agency affected by any such modification will be - telephonically advised at least (30) days in advance with follow-up confirmation in writing. Overtime payments, in any event, may not, on an annual per person basis, exceed 25% of the current GS-10, Step t Federal salary rate in effect at the time the overtime is performed. The State/local agency is responsible for ensuring that this annual payment is not exceeded. The field office of the sponsoring Federal agency and the Federal Agency OCDETF Coordinator will also monitor these payments. 8. In no event will the State/local agency charge any indirect costs for the administration or implementation of this agreement. 9. The State/local agency shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions required by the OCDETF to facilitate inspection and auditing of such records and accounts. 10. The State/local agency shall permit and have readily available for examination and auditing by representatives of the OCDETF, the sponsoring Federal agency(ies), the U.S. Department of Justice, the Comptroller General of the United States, ~ and/or any of their duly authorized agents and representatives, any and all records, . Agreement (Jut. 99), Page 2. documents, accounts, invoices, receipts, or expenditures relating to this agreement. In addition, the agency will maintain ail suctl foregoing reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is sooner. 11. The State local agency will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) issued pursuant to Title VI relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 12. This agreement may be terminated by any of the parties by written notice to the other parties thirty (30) days prior to termination. Billing for outstanding obligations shall be received by the OCDETF within thirty (30) days of the termination. This agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal agency and the State or local law enforcement agency. They are, therefore, subject to modification by the OCDETF based upon the progress and needs of the OCDETF investigation. Additionally, resources are contingent /o~~n the availability of funds. Approved By: ,b•C~ Chief of Police [~~,g~ 7 9 Aurbori d State or Lrxa! Official Tirle Darr Approved By: Assistant Special Agent in Chazge Spanoring Frdrm! A,grncy Specie! Agr~u in Cha{qr Date Approved By: Spansoriag Federal Agency OCDETF Coordirurtor Dart Approved By: Assisrau Unfired States Aaon:ry OCDETF Coonliruuor Dnte Funds aze encumbered for the State local Agency overtime costs and authorized expenses specified above. Accepted By: , Ecrcunve Offtce jor OCDETF Dare • Agreement (Jan. 99), Page 3. ' ORGANIZED CRIME pRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM State or Local Agency; Hawaii Conn Police Departrnent OCDETF Investigation Number: PA-HI-031 The law enforcement officers listed below are provided to assist with the above; identified OCDETF investigation. Any modification of the list of law enforcement officers must be agreed to in writing by all of the parties to this agreement, made a part of this agreement, and forwarded to the Executive Office for OCDETF. IYdME TL'tLEGiA,IYK pr},~ 1, Norn~an Keamo Detective -Criminal Intelligent Unit 11/01/48 2 Marshall Kanehailua Detective -Hilo VICE 11/10/66 3, Robert Hickcox Lieutenant -Kona VICE 06/12/48 4. S. 6. 7. 8. - 9. (0. ((f iuWition+tl ~xsrsottttel arc to hn dnptttiteA pltotowpy this pRge tatd insert ut the request.) Agreement (J+ttt. 99). Pngn 4. Bar: Code::::: ORGAMZED CRIME DRUG ENFORCE'VIENT TASK FORCES REIIVffiURSEMENT REQUEST FOR OVERTih~ COSTS AND AUTIIORIZED E.`~ENSES FOR STATE AND LOCAL LA W ENFORCEbIENT PERSOPINEL DATE OF REQUEST: ' FEDERAL TAX IDENTIFICATION X: ~ ~ YREGDOC: - OS - ' SEND PAYMENT TO: - (State Or Local Agency, Address, Zip Code) STATE OR LOCAL CONTACT PERSON/TELEPHONE: OCDETF WVESTIGATION NUMBER: - - SPONSORING FEDERAL AGENCY WVESTIGATION NUMBER: DATES FOR WHICH REIMBURSEMENT AMOUNT REQUESTED: OVERTIME 5 IS REQUESTED: FROM TO EXPENSES S TOTAL 5 Number Of Officers involved in This Billing: Total Number Of OveRime Hours Claimexl In This Request: ' Total Number Of Regular Hours Worked During This Timn Penal Oa This OCDETF Investigation(s): N accordance with the cutremly exexutexl startdanl State xtal la:xl Acremm~m, rcunbursentnnt is hereby requested for overtime (na cascading, per annum per ofiicar, 2$% of the current GS-I0, Step I, Fednntl Salary ratC nr CRect Rt the ttma tl/C OveRm[C IS perfonnexl) and for authorized expenses for law anfbroement otiicers from the above named agency. DIRECT PAYMENTS TO OFFICERS ARE NOT ALLOWED. I certify that the foals requestal aro for overtime anti travel and par diem expanses incurred by officers identified in the Agreement for work on the cited OCDETF investigation. Certified: A+ahoriLed State or Luca! Off~ciat Title Darr Certified: Sparrororg Federal Agency Special A,grnr in Clrar;ge ar Drsiq++re Darr Approved; Sparuorbrg Federal Agency OCDETF Crrordi+u+tnr Darr Aplttoved: Assisraru Unirul Stares Arron+ry OCDETF Cuorrlinator Dare Approval for Payment:' Ecreurivr Office. Orgm+i:,trl Crin+r Dnrg Enforcement 7m'k Farcrr Onrr Reunbursement Request (Jan. 99) ORGAMZED CRIME DRUG Ei~iFORCEMENT TASK FORCES OFFICERS OVERTIME LOG OCDETF Investigation Number: State or Local Agency: Time Period: State or Local Numher Amnunt Year Employee Name of Overtime Claimed to Hours Q:ue Worked Claimed Reimbursement Request -Optional (Jan. 99))