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Home My WebLink About224-08 RESOLUTIONRESOLUTION NO. 224-08 A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE FAYETTEVILLE POLICE DEPARTMENT TO ACCEPT AND RECOGNIZE REIMBURSEMENT REVENUES FROM A PORTION OF THE EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT IN THE PROJECTED AMOUNT OF $52,000.00 FOR THE DEPARTMENT'S PARTICIPATION IN THE NORTHWEST ARKANSAS SEX OFFENDER AND VIOLENT CRIMES TASK FORCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment for the Fayetteville Police Department to accept and recognize reimbursement revenues from a portion of the Edward Byrne Memorial Discretionary Grant in the projected amount of $52,000.00, for the Department's participation in the Northwest Arkansas Sex Offender and 0;41;its ies) a • :FAYETTEVILLE • -111:C'VGTdA GoJ.,. '11/111161111" Violent Crimes Task Force. PASSED and APPROVED this 2nd day of December, 2008. APPROVED: By ATTEST: By: ROM-LOI'l SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2008 Department: Police Division: Police Program: Patrol Date Requested 12/2/2008 Adjustment Number Project or Item Added/Increased: Expenses associated with the Northwest Arkansas Sex Offender and Violent Crime Task Force Grant Project or Item Deleted/Reduced: None Justification of this Increase: Grant funding from the Edward Byrne Memorial Discretionary Grant for a multi -jurisdictional task force within Benton, Carroll, Madison Washington Counties and the US Marshals Service targeting fugitives of sex offenses and violent crimes Justification of this Decrease: Account Name Increase Expense Budget (Decrease Revenue Budget) Account Number Amount Project Number Overtime -uniformed 1010 2940 5104 00 36,000 08049 1 Fuel 1010 2940 5213 04 13,000 08049 1 Travel & training 1010 2940 5304 00 3,000 08049. 1 Account Name Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Federal Grant -Operational Project Number 1010 0001 4309 01 52,000 08049 1 ( Approval Signatures Requested By Date fl-- ///+moi Bu et M er Date Departmen. Date Financ & Internal Services Director Mayor li--18-07 Date flirt /SP Date Budget Office Use Only Type: A B C E Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Judy Cohea Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts December 2, 2008 City Council Meeting Date Support Services Division Action Required: RAS tapelag G y rh-Pi 01.044,Or(4 Graml Police Department Recognition and approval of Edward Byrne Memorial Discretionary Grant funding for Fayetteville Police Department's participation in the Northwest Arkansas Sex Offender and Violent Crime Task Force in the amount of $52,000.00. Cost of this request 1010-2940-5104.00/5213.04/5304.00 Account Number 08049-1 Project Number Budgeted Item 52, 000.00 Category / Project Budget 11, 245.72 Funds Used to Date 40, 754.28 Remaining Balance Budget Adjustment Attached X NWA Sex OffenderNiolent Crimes Program Category / Project Name Grant Program / Project Category Name General Fund Name City Attorne LPru.k9.-- Finance and Internal Service Director Mayor Date If-iq•o8 Date /47 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments: teftMlle ARKANSAS Departmental Correspondence Fayetteville Police Department 100-A West Rock Fayetteville, AR 72701 Telephone: (479) 587-3555 Fax: (479) 587-3563 TO: Mayor Coody and Members of the City Council FROM: Greg Tabor, Chief of Police DATE: November 14, 2008 SUBJECT: Northwest Arkansas Sex Offender and Violent Crimes Task Force Recommendation: The City Council accepts the reimbursement of expenses associated with Fayetteville Police Department's participation in the Northwest Arkansas Sex Offender and Violent Crimes Task Force in the projected amount of $52,000. These funds provide for overtime, fuel, and travel reimbursement for officer(s) working within this task force. Approve a budget adjustment increasing federal grant revenue and overtime, fuel, and travel expenses for our officer(s). Discussion: Benton County has taken the role as Lead Agency for this grant. Fayetteville Police Department is a subrecipient. Fayetteville Police requests reimbursement for qualifying overtime hours, along with fuel and travel expenses through Benton County Benton County is responsible to meet all reporting requirements and draw funds from this grant. Background: All law enforcement agencies within Benton Carroll, Madison and Washington Counties, along with the US Marshals Service, jointly participated in submitting a grant application to the Edward Byme Memorial Discretionary Grant Program for the creation of the Northwest Arkansas Sex Offender and Violent Crimes Task Force. This Task Force was awarded a two year grant in the amount of $543,000. The purpose of this task force is to pursue and arrest persons who have outstanding state and federal warrants pending against them. The participating agencies determine the outstanding warrants to be worked by the task force, organize apprehension teams, and make the arrest. Each officer participating in an apprehension team is sworn into the US Marshal Service allowing for the enforcement of said warrants across jurisdictional boundaries. Budget Impact: All overtime, fuel, and travel generated by this project will be reimbursed. A budget adjustment in the amount of $52,000.00 is attached to recognize both the projected expense and revenue. RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE FAYETTEVILLE POLICE DEPARTMENT TO ACCEPT AND RECOGNIZE REIMBURSEMENT REVENUES FROM A PORTION OF THE EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT IN THE PROJECTED AMOUNT OF $52,000 00 FOR THE DEPARTMENT'S PARTICIPATION IN THE NORTHWEST ARKANSAS SEX OFFENDER AND VIOLENT CRIMES TASK FORCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment for the Fayetteville Police Department to accept and recognize reimbursement revenues from a portion of the Edward Byrne Memorial Discretionary Grant in the projected amount of $52,000.00, for the Department's participation in the Northwest Arkansas Sex Offender and Violent Crimes Task Force. PASSED and APPROVED this 2nd day of December, 2008. APPROVED: ATTEST. By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 4. • 0 UNITED STATES MARSHALS SERVICE WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MEMORANDUM OF UNDERSTANDING NORTHWEST ARKANSAS SEX OFFENDER AND VIOLENT CRIME TASK FORCE Fayetteville Police Department • • • • 0 .0 DISTRICT SEX 0FnNDER, VIOLENT CRIME AND FUGITIVE TASK FORCE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by the attached participating member agencies and the United States Marshals Service (USMS), Western District of Arkansas . PURPOSE: The purpose of the MOU is to establish a full-time sex offender, violent crime and fugitive task force. For purposes of the MOU, a full-time fugitive task force is defined as a multi -agency apprehension effort of sex offender and violent criminal fugitive investigations consisting of members from the participating agencies and the USMS, Western District of Arkansas , to apprehend individuals wanted on state and federal warrants. The pohcy, program involvement, and direction of the task force will be the joint responsibility of the member agencies and the USMS, Western District of Arkansas . Representatives from the participating agencies will meet and confer on matters as necessary. MISSION: The primary mission of the task force is to pursue and arrest, in anoint coordinated manner, persons who have un -executed state and federal warrants lodged against them. The intent of the joint effort will be to remove from the streets, local, state and federal fugitives, thereby improving public safety. The participating agencies will determine the outstanding warrants to be worked by the task force, the frequency with which apprehension teams will organize, and the duration of the mission for each apprehension team. These decisions will be made consistent with the availability of agency resources, availability of appropnate state and federal warrant cases for the task force, and contingent upon whether joint task force effort is the most efficient and effective method to investigate and execute the warrant. Targeted crimes will primarily include sex offenders, violent crimes against persons, weapons offenses, felony drug offenses and crimes committed by subjects who have a criminal history involving violent crimes, felony drug offenses, and/or weapons offenses. SUPERVISION: Operational supervision of the fugitive task force will be the responsibility of the USMS Criminal Investigator Deputy United States Marshal designated as Coordinator of the task force. The coordinator will recommend federal warrant cases to be worked by the task force, confer with the coordinator/supervisor from all the other 4 • • • • • 0 . 0 participating agencies concerning recommended state warrant cases to be worked by the task force, ensure equal case load assignment and proper staffing of apprehension teams, and coordinate day -today efforts of the apprehension teams. Supervision of the personnel assigned to the task force apprehension team(s) will be the responsibility of the supervisors from each participating agency. Responsibility for the conduct of the task force members will remain with the respective agency heads. The local ranking coordinator/supervisor will, for administrative purposes, report directly to his/her commanding officer. The USMS Coordinator will report directly to the Supervisory Deputy United States Marshal. Operational problems will be mutually addressed and resolved by the assigned coordinators, under the guidance of the operations supervisor(s). Any problems that cannot be resolved to the mutual satisfaction of the supervisors should be progressively raised to the next level of supervision within the respective agency. It is agreed the resolution of operational problems at the lowest possible level is in the best interest of the task forces PERSONNEL: Each participating agency agrees to provide, in a Liaison capacity, at least one (1) coordinator/supervisor to recommend cases for the task force When apprehension teams are formed, each participating agency agrees to provide at least one (1) law enforcement agent during operation of any apprehension team. EQUIPMENT: When apprehension teams are formed, each agency will, if possible, famish required vehicles and radio equipment capable of transmitting and receiving messages on their local and/or state police radio network. Each agency will be responsible for the expenses incurred in the use of its respective vehicles and radios. RECORDS AND REPORTS: All task force warrants, mvestigative and arrest reports will be maintained by the agency responsible for the investigation. All warrants designated for task force assistance will be entered into the USMS Warrant Information Network (WIN) for tracking and disposition status. Upon any designated warrant's closure, the respective agency for such warrant shall promptly notify and advise the USMS Task Force Coordinator of the warrant's changed status. This will enable the WIN entry to be modified. APPREHENSION TEAMS* Periodically, the coordinators from all participating agencies will decide which state and federal cases should become task force cases and when to activate apprehension 2 • • 0 teams. The coordinators/supervisors from the participating agencies will identify personnel to staff the apprehension team(s). Apprehension team members will be employees from the participatmg agencies who will be dedicated, during activation of a particular apprehension team, to the investigation and the execution of the outstanding state and federal warrant(s). Each agency will be reimbursed for overtime payments to their designated task force representative upon submission of appropriate documents to the Board. Overtime must be approved by the supervising US Marshal Service official. Overtime payment and regular salary compensation will be paid in accordance with each agency's policies. Apprehension team members from local, state, or county law enforcement agencies should be officers who have received a Special Deputy U.S. Marshal appointment, which will be in force only while that individual is assigned to an apprehension team and performing task force duties. All cases will be jointly investigated whenever possible during activation of an apprehension team. Teams will consist of personnel from different agencies whenever possible. PROSECUTION: An arrest based on a warrant will be prosecuted in the state or federal court that issued the warrant. When there is an an -est of a fugitive on whom there is an outstanding warrant in both the state and federal systems, a decision will be made on whether the (imtial) prosecution of the case will be on the state or federal level. The decision will be made considering which level of prosecution best serves the overall objectives of the task force In all cases, notification will be made to the concerned prosecutor. INFORMANTS: Funds for informants, relating to the execution of state and federal warrants, will be supphed by the agency that has warrant jurisdiction, according to that agency's standard operating procedures. Agencies will be reimbursed by the Board upon proper submission of appropriate documents. Payment to informants must be authorized by the supervising US Marshal Service official All payments to informants must be witnessed by two sworn officers. USE OF FIREARMS: Each member of the task force will comply with his or her agency's guidelines concerning the use of firearms and deadly force In the event of a shooting incident, the incident will be investigated by the appropriate agency(s). ASSISTANCE FROM LOCAL LAW ENFORCEMENT AGENCIES When arrest attempts are to be made, task force personnel should consider requesting a marked unit and uniformed officer to assist them, however, they may exercise their discretion based on relevant circumstances, including availability of the 3 0 local support, time required to obtain local support, the location of the fugitive, and other operational considerations. HOSTAGE AND BARRICADE SITUATIONS If there is reliable information indicating that an armed subject has made a credible threat to resist arrest with violence, and if the operational situation allows, the supervisor or senior task force member on the scene shall call for an appropriate city, county, state or federal tactical unit. If there is credible information indicating that a subject is holding a hostage, the supervisor or senior task force member on a scene shall also call for an appropriate city, county, state or federal tactical unit. When the tactical unit arrives, the tactical commander will assume command and control of the situation. NEWS MEDIA Media inquires will be referred to the United States Marshal/designee. A press release may be issued and press conference held, upon agreement by participating agency heads. All press releases will exclusively make reference to the task force. RELEASE OF LIABILITY: Each agency shall be responsible for the acts or omissions of its employees. Participating agencies or their employees shall not be considered as the agents of any other participating agency. Nothing herein waives or limits sovereign immunity under federal or state statutory or constitutional law. The participating agencies agree to hold harmless the United States from any claim, cause of action, or judgment resulting from the negligent acts of their employees. DURATION: This MOU is intended to be indefinite. Agencies may withdraw their participation at any time after a thirty -day written notice to all parties signing this document. Each member agency head/designee will sign the last page of this document along with the United States Marshal/designee Westem District of Arkansas and the United States Attomey/designee, Westem District of Arkansas . 4 • • r 0 This document consisting of five (5) pages is agreed to this twenty-fifth day of October 2007. U "ted Stat Western Marshal/designee District of Arkansas 4,10A ce— United States Attomey/designee Western Distnct of Arkansas 5 Fayetteville PD County/City Clarice Pearman - Res. 224-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Cohea, Judy 12.5.08 3:05 PM Res. 224-08 Audit; Fell, Barbara Audit; Fell, Barbara Page 1 of 1 Judy: Attached is a copy of the above resolution passed by City Council regarding the acceptance of the Edward Byrne Memorial grant. I will forward to Budget & Research your budget adjustment. Please let me know if there is anything else needed for this item. Have a good weekend! Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49394335FA... 12.5.08