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HomeMy WebLinkAboutCOM 0821.000 1996-1998 `o,Mrr or Nqw,' =,X1,1?G,., Stephen K. Yamashiro Harry A. Takahashi Mayor I7irecto, •sr~r r=.` S.K. Schulte S or n~ Depuly Guufv of (31ttfunii DEPARTMENT OF FINANCE 25 Aulami Street, Room 118 • Hilo, Hawaii 96720-4252 - (808) 9618234 • Fax (808) 961-8248 April 22, 1998 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 to appropriate $17,000 provided by the Organized Crime Drug Enforcement Task Force through the Drug Enforcement Administration for the investigations and prosecution of major drug trafficking organizations. These funds will cover overtime and travel incurred by deputized officers. Also enclosed is a resolution authorizing the Mayor of the County of Hawaii to execute County Project No. PA-HI-028. If there are any questions, please do not hesitate to call the Hawaii County Po ice DTA~J tment. L' pt't (s--, 1 H ry A. Takahashi Director of Finance APPR ED: Stephen K. Yamashiro Mayor 8,.// a3/ aes. ab~ WA. MW it.. NP OP _ iv-f. To: Pr rr tit, APR 2 '1 1998 -Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: POLICE _ DATE: 4/20/98 STAFF CONTACT: GARY MAESATO, BUSINESS MANAGER PHONE: 961-2274 A. REQUEST: To create an account entitled "OCDETF Grant" for $17,000 under object code 115. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The Organized Crime Drug Enforcement Task Force through the Drug Enforcement Administration is providing funds to for the investigations and prosecution of major drug trafficking organizations. The funds will cover overtime and travel incurred by deputized officers for these investigations. SIGNED: DATE: JAMES S. CORREA DEPUTY POLICE CHIEF ACTING POLICE CHIEF ORGANIZEr (:RV4E DRUG ENFORCEMENT T`SK FORCES AGREEMENT FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Date of Request: 09/08/97 Federal Tax Identification a: l / CUD S6 / DC X: Amount Requested: OCDETF Investigation Number: NT-7- HI - 028 Overtime $10,000.00 Authorized Expenses $ Federal Agency Investigation Total S 10.000.00 Number:114-92-0025 Fran: Ocroher 1- 1997 State or Local Agency Name and Address: ltegiaoiog Date of Agreement atear '1eef1weat1 "A 13AWni i f:rnint; Pnl i rP DPt*Zr To: Ea SdwengrDamhof Aar 349 Kapiolani Street State or Local Agency Hilo, Hawaii 96720 _ Contact Person: Lt. John Dawrs o (30aI) 961-2328 ~c z Telephone Number: (808) 326-4205 Vic: 1 N 01 S Sponsoring Federal Agency(ies): OC Drug Enforcement Administration (Honolulu)rr' This Agreement is between the above named State or local law enforcement agency and Organized Crime Drug Enforcement Task Force. This Agreement shall be effective when signed by an authorized State or local agency official, the sponsoring Federal Agency Special Agent-In-Charge and Agency OCDETF Coordinator, the Assistant United States Attorney OCDETF Coordinator and the Director of the Executive Office for OCDETF. 1. It is agreed that the State or local law enforcement personnel named on this Agreement will assist in Organized Crime Drug Enforcement Task Force investigations and prosecutions as set forth in the Organized Crime Drug Enforcement Task Force. Guidelines, December 1990. The State/local law enforcement agency agrees to provide experienced drug law enforcement personnel who are Aentitied to this Agreement to work on the specified OCDETF tnvestigauon Anv change in law enforcement officers assigned must be agreed to by all ,!ppro~tne officials. Agreement (Aug. 96). Page 1. 3. Officers wh re not deputized shall possess no 1-•k farcement authority other than that nferred by virtue of their position as . :ommissioned 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 Stateilocal personnel 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 concerned. 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 1 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 agencv(ies), the U.S. Department of Justice, ttt, Comptroller General of the Agreement (Aug. 96), Page.?. United c' *es, and/or any of their duly authorize gents and representatives, any and all r"ords, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. In addition, the Agency will maintain all such 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 OCDEI'F 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 on the availability of funds. Approved By: Chief of Police le_, 3.97 Au~thooriz~Stare or Local Official rifle Dare Approved By:' `til sponsoring Fed ral Agency Special Agent in Charge Date Approved B 411-4419',-7 Sponsonn F l Agency OCDETF Coordinator Date Approved By: Gk / /L Assu United t es Attorney OCDE7F Coordinator I'D ale Funds are encumbered for the Statellocal Agency overtime costs and authorized expenses specified above. Approved By: Direaor, Executive Officelor OCDE7F Date Agreement (Aug. 96), Page 3. ORGANIZEL .:RIME DRUG ENFORCENIELiT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT PERSONNEL ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED E%PENSE.PROGRANI State or Local Agency: Hawaii County Police Department OCDETF Investigation Number: N-d-HI-128 The law enforcement personnel listed below are provided to assist with the above identified OCDETF investigation. Any modification of the list of law enforcement personnel must be agreed to in writing by all of the parties to this Agreement and made a part of this Agreement. NAME TITLE/RANK pQ@ 1. John Dawrs Lieutenant 11/23/48 2 Ernest Saldua Detective Sgt. 10/11/49 3. Gilbert Gaspar Patrolman 05/30/50 4. Lawrence McEathron Patrolman 05/07/54 5 Robert Hickcox Detective 06/12/48 6. Kelvin Freitas Officer - 03/31/56 7. Teofilo TimenP7 nffirpr 02/1914142 8. Theodore GASPAR Officer 12/20/50 9. 10. (If additional personnel are to be deputized photocopy this page and iasert in the request.) Agreement (Aug. 96), Page 4. ORGANIZED CRME DRUG E`vF0[iCE.MEr'T TASK FORCES AGREEMENT FOR THE USE OF THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE PROGRAM Date of Request: 09/08/97 Federal Tax Identification #:-I q- M0 DC M: Amount Requested: OCDETF Investigation Number: NW-F.I-028 Overtime s 7,000.00 Authorized Expenses S 7 000.00 Federal Agency Investigation Total $ Number: R4-92-0025 Fran: October 1. 1997 State or Local Agency Name and Address: Beginning Date of Agreement To: Rantamnar 10, 1993 Hawaii rniinty-Erilirp naPt" Ending~Date of Agreement 349 Kaninlan; Street State or Local Agency H i~l n, Hawaii q6771) Contact Person: T. t- Cnad Frnkui Telephone Number: (808) 961-2253 (308) 961-2129 Hilo unit Sponsoring Federal Agency(ies): Drug Enforcement Administration (Honolulu) ~r P3 C fTl v °i m This Ag-F,°ment is between the above named State or local law enforceme envnc Organized Cnme Drug Enforcement Task Force. This Agreement shall be a e herin signed by an authorized State or local agency oiticial, the sponsoring Federal AMY SReci2p Agent-In-Charge and Agency OCDETF Coordinator, the Assistant United Stge-s Attorney OCDETF Coordinator and the Director of the Executive Office for OCDETF. 1. It is agreed that the State or local law enforcement personnel named on this Agreement will assist in Organized Crime Dnig Enforcement Task Force investigations and prosecutions as set forth in the Organized Crime Drug Enforcement Task Force. Guidelines, December 1990. The Stateilocal law enforcement agency agrees to provide experienced drug law enforcement personnel who are identuied in this Agreement to work on the specified OCDETF investigation -\nv change in law enforcement officers assigned must be agreed to by ail : paro~ing officials. Agreement (Aug. 96), Page 1. 3. Officers who e not deputized shall possess no lr••, :brcement authority other than that ferred by virtue of their position as a _ommissioned 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 personnel 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 concerned. 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 1 Federal salary rate in effect at the time the overtime is performed. The Statellocal 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 agencv(ies), the U.S. Department of Justice, the Comptroller General of the Agreement (Aug. 96), Page 2. United Staten, dnd/or any of their duly authorized .s and representatives, any and all re. As, documents, accounts, invoices, reucipts, or expenditures relating to this Agreement. In addition, the Agency will maintain all such 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. Pan 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 continge the availability of funds. Approved By: mief of Police Autho ' St a or Local Official File Date Approved By:' C~tlrl c L ~ir~ lack- ~~Y/~7 ponsonn Fad Agen penal Agent in Charge Date Approved By. fl a'~4 7 Spou ' g oral Agency CDE7F Coordinator Date ~2 Approved By: lA- 67 2T~~= As t United Sii' es Attorney CDE7F Coordinator Date Funds are encumbered for the State/local Agency overtime costs and authorized expenses specified above. Approved By: Director, Executive Office for OCDE7F Date Agreement (Aug. 96), Page 3. ORGANIZED RIME DRUG ENFORCEMEi. f TASK FORCES STATE OR LOCAL LAW ENFORCEMENT PERSONNEL ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE, PROGRAM State or Local Agency: Hawaii County Police Devartment OCDETF Investigation Number: NW-HI-028 The law enforcement personnel listed below are provided to assist with the above identified OCDETF investigation. Any modification of the list of law enforcement personnel must be agreed to in writing by all of the parties to this Agreement and made a part of this Agreement. jVAME TITLE/RANK DOB 1. Chadwick Fukui Lieutenant 09/20/51 2. Marshall KanPhailtia Patrolman 11/1(1/66 3, Mitchell Kanehailua Patrolman 11/01/65 4. Henry J. Tavares Detective 07/01/62 5, St-pypn a Cnrrci ;3 Patrolman 11 f (17 f F 9 6. 7. 8. 9. 10. (If additional personnel are to be deputized photocopy this page and insert in the request.) Agreement (Aug. 96), Page 4.