Res 1602 - MAGNET Drug Enforce
COUNCIL BILL NO. 2268
RESOLUTION NO. 1602
A RESOLUTION ENTERING INTO A PARTNERSHIP AGREEMENT WITH OTHER
LAW ENFORCEMENT AGENCIES IN MARION COUNTY; CREATING THE
MARION COUNTY REGIONAL DRUG ENFORCEMENT TASK FORCE; AND
AUTHORIZING THE CHIEF OF POLICE TO SIGN SAID AGREEMENT.
WHEREAS, Marion County and its municipalities have a serious problem of drug
related crime and violence; and
WHEREAS, the law enforcement agencies in Marion County wish to enter into an
agreement which will secure to each party the benefits of mutual assistance in addressing the
common problems and goals specifically related to enforcement of state and federal drug laws;
and
WHEREAS, said agreement will form the Marion County Area Gang and Narcotics
Enforcement Team (MAGNET) to enhance community safety and livability by implementing a
comprehensive community response strategy to drug related crimes and violence; and
WHEREAS, ORS Chapter 190 authorizes governmental entities to enter into this
governmental agreement for this purpose; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Chief of Police is authorized to sign the partnership agreement creating
the Marion County Regional Drug Enforcement Task Force on behalf of the City of Wood bum.
Section 2. That a copy of said agreement is affixed hereto as Attachment "A" and, by
this reference, incorporated herein.
Approved as to form:~ ~ ~
City Attorney
/0- Lo-2fQOO
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Date
Approved: V~___
. R~rdienni~gS,}a~
October 23, 2000
October 24, 2000
October 24, 2000
Page 1 - COUNCIL BILL NO. 1602
RESOLUTION NO. 2268
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Filed in the Office of the Recorder
ATIEST: ~--r~
Mary en ant, City Recorder
City of W oodbum, Oregon
Page 2 - COUNCIL BILL NO. 1602
RESOLUTION NO. 2268
y-
October 24, 2000
ATTACHMENT A
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Partnershio Agreement
Marion County Area Ganl! and
Narcotics Enforcement Task Force (MAGNET)
This Interagency "Partnership Agreement" is between Law Enforcement Agencies in Marion County,
Oregon pursuant to ORS 190.
This Agreement is made for the purpose of securing to each party the benefits of mutual assistance in
addressing common problems and goals specifically related to the enforcement of state and federal
drug laws; and is made under the authority and in consideration of the provisions of ORS 190.003 to
190.110.
1. Problem Statement
Marion County and its municipalities have a serious problem of drug related crime and violence.
The 2000 drug abuse trends in Oregon suggest that at least one in nine people are in need of
treatment for drug or alcohol problems. This is up from one in 16 people since 1995. Alcohol
abuse has declined by 26 % over the same time period while illegal drug abuse has increased by
232% (per Oregon Department of Human Services May, 2(00).
Drug abusers commit a significant number of major crimes, such as residential and commercial
burglary, robbery, and assault. Drug abuse dramatically impacts the safety and livability of our
neighborhoods.
lllegal drug use and its consequences, including crime, permeate every corner of our society,
afflicting inner cities, affluent suburbs, and rural communities. Seventy-three percent of drug users
in America are employed.
No single solution or entity can suffice to deal with the multifaceted challenge of drug abuse. To
protect our citizens, communities, and especially our chHdren, the 1999 National Drug Control
Strategy recommends a cooperative partnership and holistic approach involving all individuals,
organizations, and groups of our society in education, prevention, treatment, and enforcement
activities to reduce both the demand for and supply of illegal drugs.
Drug Trafficking Organizations are multi-jurisdictional with no respect for law enforcement
jurisdictional boundaries. Cooperation between law enforcement agencies and the exchange of
criminal information is essential to counter these organizations.
Forming a Regional Gang and Narcotics Enforcement Task Force in Marion County enables
individual law enforcement agencies to:
. Enhance the impact of law enforcement efforts on community safety and livability,
. Leverage short agency resources,
. Coordinate federal, state, and local counterdrug efforts regionally,
. Destroy and dismantle drug trafficking organizations operating in Marion County,
. Overcome single agency enforcement constraints,
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ATTACHMENT A
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. Enhance officer safety and tactics,
. Share specialized agency and personnel resources, skills, talents, and experience,
. Share specialized equipment and criminal intelligence,
2. Task Force Mission:
The Mission of the Marion County Area Gang and Narcotics Enforcement Task Force (MAGNET)
is to enhance community safety and livability by implementing a comprehensive community
response strategy to the threat of drug related crimes and violence.
3. Task Force Goals
3.1. To reduce the impact of illegal drugs on Marion County residents, communities, and
neighborhoods by coordinating and leveraging all Marion County community and
government resources.
3.2, To enhance coordination of counterdrug and crime reduction efforts in Marion County.
3.3. To measurably reduce drug trafficking by prosecuting, disrupting, and dismantling drug
trafficking organizations and individuals that are involved in drug manufacture,
transportation, and/or distribution in, and through, Marion County.
3.4. To enhance law enforcement coordination, training, and deconfliction for criminal
enforcement, intelligence exchange, interdiction, and investigative activities.
3.5. To support and participate in drug problem solving, prevention, and intervention
strategies.
3.6. To prosecute, inhibit, and interdict illegal money laundering activities by drug
trafficking organizations.
3.7. To strategically respond to the drug threat to residents by coordinating, maximizing, and '"
leveraging law enforcement counter drug resources in Marion County.
3.8. To increase the exchange of narcotics intelligence between the Oregon HIDT A
Investigative Support Center, drug task forces, and other law enforcement agencies.
3.9. To seize assets that are the proceeds from illegal drug distribution.
3.10. To leverage and coordinate offender custody and supervision resources in order to hold
offenders accountable and promote public safety.
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ATTACH~ENT j
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4. MAGNET Strategy
Federal Law Enforcement Agencies (ATF, DEA, FBI, INS, IRS, USA, USCS, etc.):
To enforce the controlled substances laws and regulations of the United states and to bring to the
criminal and civil justice system of the United States or any other competent jurisdiction, those
organizations, and principal members of organizations, involved in the growing, manufacture, or
distribution of controlled substances appearing in or destined for illicit traffic in the United States; and
to recommend and support non-enforcement programs aimed at reducing the availability of illicit
controlled substances on the domestic and international markets.
MidlUpper Level Drug Investigations and Enforcement:
To measurably reduce drug trafficking by investigating, prosecuting, disrupting, and dismantling drug
trafficking organizations and individuals that are involved in drug manufacture, transportation, and/or
distribution in, and through, Marion County.
Street Crimes Reduction:
To enhance the livability and safety of Marion County streets and neighborhoods by:
. Eliminating or displacing visible street level drug, prostitution, or other criminal activity
. Enforcing all laws as they apply to visible street level drug, prostitution, or other criminal
activity
. Utilizing non-traditional law enforcement methods and resources in partnership with residents
to assist them in maintaining the livability of their neighborhoods
. Reporting suspect information to the Oregon Criminal Intelligence Unit
. Coordinating drug activities with the MidlUpper level Task Force, and Federal Agencies as
appropriate.
Gang Related Crimes:
.~"
To enhance the livability and safety of Marion County streets and neighborhoods by:
. Eliminating or displacing visible street level gang activity
. Enforcing all criminal and civil laws as they apply to illegal gang activity.
. Utilizing non-traditional law enforcement methods and resources in partnership with residents
to assist them in maintaining the livability of their neighborhoods
. Reporting suspect infonnation to the Oregon Criminal Intelligence Unit
. Coordinating drug related activities with the Street Crimes Task Force, MidlUpper level Task
Force, and Federal Agencies as appropriate.
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ATTACH~ENT A
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5. Purpose
The purpose of this Partnership Agreement is to memorialize the participating agencies
agreement regarding operational and program requirements and partnership expectations.
6. Cooperation
Each participating agency assumes an obligation of good faith cooperation to provide all
reasonable assistance and resources to and with other participating agencies in implementing
the purposes of this Partnership Agreement. Issues or problems that arise will be promptly
brought to the attention of the MAGNET Policy Board or to the MAGNET Operations
Committee.
7. Duration
This Partnership Agreement will enter into full force and effect as to each participating agency
upon the signature of that agency's chief executive, or designee, and will continue in effect
until terminated. This Partnership Agreement may be modified by mutual consent of the
parties hereto at any time prior to its termination.
8. Termination of Agreement
Any party may withdraw from this Partnership Agreement at any time by giving 30 days prior
written notice to the other parties of its intent to withdraw from the Partnership Agreement.
Upon withdrawal or termination of this agreement, each Law Enforcement Agency (LEA) will
deliver acquired Task Force equipment to a MAGNET Commander for disposition within the
active participating agencies.
9. Agency Liability
For purposes of this partnership it is understood that each participating agency is responsible
for liability issues resulting from the actions of its own office~ and employees.
To the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon
Tort Claims Act, the Regional Drug Enforcement Policy Board members shall defend, save,
hold harmless and indemnify each other party and such parties' officers, employees and agents
from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of
any nature whatsoever arising from, arising out of, or relating to activities of the indemnifying
party or its officers, employees, subcontractors or agents under this Agreement.
10. MAGNET Policy Board
The administrators of each participating law enforcement agency must be responsive to their
respective governing bodies and the citizens of their communities. To assure that the activities
of MAGNET are appropriately coordinated and responsive to community needs, the parties to
this agreement hereby create a MAGNET Policy Board. The Board will consist of the chief
administrator of the law enforcement agency of each participant, or the designee of any
administrator in that administrator's absence. The Board will meet quarterly, or more
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ATTACHMENT A
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frequently, at a time and place set by the Board Chair. The MAGNET Policy Board shall
quarterly review drug impact data for Marion County and the communities therein, develop
and approve drug enforcement policies, and review the overall implementation of those
policies.
10.1. It is agreed that critical to the success of this joint law enforcement Partnership
Agreement is a shared management system committed to directing, leveraging, and
fairly administering limited law enforcement resources in order to maximize regional
impact.
10.2. It is agreed that the MAGNET Policy Board will elect a chairperson and vice-chair for a
term of one year. The chairperson shall be responsible for keeping parties to the
Partnership Agreement informed on all matters relating to the function, expenditures,
accomplishments, and problems of the Task Force. A new election will occur each year
during September.
10.3, It is agreed that each member of the MAGNET Policy Board shall have one vote.
10.4. It is agreed that overall direction of the MAGNET Policy Board is shared equally by the
participating law enforcement agencies, and all decisions regarding policies, operations,
and administration must be approved by a majority of the parties to this agreement.
11. MAGNET Operations Committee
The MAGNET Policy Board shall establish an Operations Sub-Committee which will meet
with the MAGNET supervisors and managers (DEA, MAGNET Commanders/Supervisors)
every month, or more often as necessary, to be briefed on current cases and current County-
wide requests for assistance. The MAGNET Operations Committee will assist MAGNET
Commanders/Supervisors with decisions regarding responses to requests for assistance,
problem solving, implementation of Policy Board policies and timely, fair resource
allocation. The MAGNET Operations Sub-Committee will consist of a Policy Board
member, or their designee, from the following agencies: The District Attorney, each law
enforcement agency contributing a full time officer/investigator to MAGNET, one other
Marion County Police Department (on one year rotational basis), and a federal agency (on a
one year rotational basis). The lllDTA Investigative Support Center will provide
intelligence support to this committee regarding trends and activities impacting Marion
County.
11,1. The MAGNET Operations Committee is to serve as the critical operations coordination
and communications link for the MAGNET Policy Board,
11.2. It is understood that, with limited regional drug enforcement resources, MAGNET
services cannot be responsive to every problem that arises in each jurisdiction.
MAGNET commanders/supervisors and the Operations Committee will endeavor to be
responsive to each agency's needs on an equitable and reasonable basis considering the
law enforcement resources available, agency participation in MAGNET, and the overall
impact on illegal drug trafficking in Marion County.
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ATTACH~ENT A
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11.3. The Operations Committee will report to the full MAGNET Policy Board regarding
MAGNET activities and any issues that relate to the successful achievement of Task
Force goals and implementation of regional policies.
11.4. The MAGNET Operations Committee will make decisions based upon a majority of
committee members available.
11.5. Law enforcement agencies in Marion County can submit requests for MAGNET
services to the appropriate MAGNET commander/supervisor or directly to the
MAGNET Operations Committee. Responses to requests will be provided in all cases.
Requests should be in writing if possible (e-mail, or fax are also good),
12. Task Force Personnel Assignments
It is critical that the core supervisory and investigative staff for MAGNET be experienced
representatives of the participating agencies in Marion County. Management, supervision, and
staff should rotate amongst the participating agencies. The minimum rotation assignment to a Task
Force should be for a minimum of two years to promote continuity and for operational
effectiveness. Part-time and case-by-case assignment to MAGNET is encouraged as well.
Good faith efforts will be made to provide enforcement services and communications to all
regional law enforcement agencies whether or not the agencies are able to assign personnel to
MAGNET.
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13. MAGNET Structure
ATTACHMENT 1.,
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Marion County Gang and Narcotics Enforcement Task Force
Michael Morrow
FBI
Federal Enlorcemenl
Personnel Commitments:
PB Aumsville PD Investigator
PB Aurora PD Investigator
1 FT DEA Agents
.5 PT DOJIHIDT A - Staff Support
1 FT DOJIHIDT A Crime Analyst at (ISC)
Key: 1 (2)PT FBI Agents
PB Hubbard PD Investigators
X # FT (Full-Time) 1 FT Keizer PD Investigators
X # PT (part-Time) PB Marion County District Attorney
CC (Case by Case) 3 FT Marion County Deputy District Attorneys
PB (policy Board Only) 1 FT Marion County Sheriff Lieutenant
7 FT Marian County Sheriff Deputies
4 FT Marion County Sheriff ParolelProb.
2 FT Marion County Sheriff Corrections Dep.
PB Mt. Angel PD
.5 PT Oregon National Guard
3 FT Oregon State Police
.5 Vf Oregon State Police f'"'
1 FT Salem Police Dept. Lieutenant
3 FT Salem Police Dept. Sergeants
12 FT Salem Police Dept. Investigators
1 FT Salem Police Dept. Staff Assistant
.5 PT Silverton PD Investigators
.5 PT Stayton PD Investigators
PB Turner PD Investigators
1 FT Woodburn PD Investigators
Polk County LEA Investigators
Linn County LEA Investigators
Lincoln County LEA Investigators
44 FTE Total
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14. Asset Seizure, Forfeiture, and Sharing
ATTACHMENT A-
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General Guidelines
The seizure, forfeiture, and sharing of the illegal proceeds of drug trafficking from drug
trafficking suspects will always be in accordance with law and the following guidelines:
1. Law enforcement is the principal objective of forfeiture. Potential revenue must not
be allowed to jeopardize the effective investigation and prosecution of criminal
offenses, officer safety, the integrity of ongoing investigations, or the due process
rights of citizens.
n. No prosecutor's or sworn law enforcement officer's employment or salary shall be
made to depend upon the level of seizures or forfeitures he or she achieves.
m. Whenever practicable, and in all cases involving real property, a judicial finding of
probable cause shall be secured when property is seized for forfeiture. Seizing
agencies shall strictly comply with all applicable legal requirements governing seizure
practice and procedure.
IV. If no judicial finding of probable cause is secured, the seizure shall be approved in
writing by a prosecuting or agency attorney or by a supervisory-level official.
V. Seizing entities shall have a manual detailing the statutory grounds for forfeiture and
all applicable policies and procedures.
VI. The manual shall include procedures for prompt notice to interest holders, the
expeditious release of seized property where appropriate, and the prompt resolution of
claims of innocent ownership.
'!'
Vll. Seizing entities retaining forfeited property for official law enforcement use shall
ensure that the property is subject to internal controls consistent with those applicable
to property acquired through the normal appropriations processes of that entity.
VIII. Unless otherwise provided by law, forfeiture proceeds shall be maintained in a
separate fund or account subject to appropriate accounting controls and annual
financial audits of all deposits and expenditures.
IX, Seizing agencies shall strive to epsure that seized property is protected and its value
preserved.
X. Seizing entities shall avoid any appearance of impropriety in the sale or acquisition of
forfeited property.
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ATTAC~ENT A
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Disbursement of Forfeited DroDertv and funds
Unless otherwise provided by law, MAGNET forfeiture proceeds shall be maintained in a
separate Trust Fund by a participating agency in an account subject to appropriate
accounting controls and annual financial audits of all deposits and expenditures. The
MAGNET Policy Board shall designate a participating agency to act as fiscal agent for this
fund,
General Guidelines:
Patrol Seizures - Assets seized during patrol stops should be the responsibility of the
officer and agency involved. Seizure and forfeiture proceedings will normally be the
responsibility of the patrol officer's agency. Exceptions to this can be made on a case-by-
case basis as noted below in the Special Provisions section.
MAGNET Seizures - Forfeitures of cash, real property proceeds, and personal property
proceeds resulting from MAGNET cases will be accumulated in the Trust Fund. These
funds will be disbursed to participating agencies at periodic intervals as determined by the
MAGNET Policy Board.
Disbursed funds will be equitably shared by participating agencies after all expenses have
been deducted. Expenses may include but are not limited to publishing costs, District
Attorney, Forfeiture Counsel, Dlegal Drug Clean-up Fund, and Asset Forfeiture Oversight
Advisory Committee. The lead agency on the particular case will select the forfeiture
attorney to be used.
Disbursements - Disbursements from the forfeiture Trust Fund will be made periodically
at the discretion of the MAGNET Policy Board. Pending disbursements will be announced
to all MAGNET Policy Board agencies and other appropriate agencies 30 days prior to a
Policy Board disbursement vote. Disbursement sharing to participating agencies should be
equitable and fair based upon agency participation. The primary formula for disbursements
will be: One share of designated available funds for each agency officer, investigator, or
prosecutor assigned full time at a designated MAGNET site for at least one month prior to
the disbursement vote.
Exceptions to this formula may be granted by vote of the MAGNET Policy Board for non-
collocated officers/investigators/prosecutors based upon their participation and/or
contributions to task force cases. A specific written exception request and justification must
be submitted after the announcement of a pending disbursement. A majority vote of the
MAGNET Policy Board is required for all exceptions and all Trust Fund Disbursements.
In the event that MAGNET is dissolved, the above listed procedures will be utilized for
disbursement of the forfeiture Trust Fund balance.
Special Provisions - It is recognized that drug investigations often involve the cooperation
and assistance of many agencies and their officers. In cases where an agency with no
assigned personnel on MAGNET has contributed to the successful resolution of a drug case
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involving the seizure and forfeiture of assets, that agency may request, through the
exception process, a portion of the forfeited assets from the MAGNET Policy Board.
15. MAGNET Media Policy
Because MAGNET is a joint partnership effort on the part of all law enforcement agencies in Marion
County, all media or press coverage, or press releases, regarding Task Force related activities must
refer generically to the Multi-Agency Marion County Area Gang and Narcotics Enforcement Task
Force or MAGNET rather than any specific MAGNET Policy Board agency. If cases are done in
conjunction with non-Policy Board law enforcement agencies they should be included in the media
credits.
The spirit of this section is for MAGNET command to make every effort to share the credit for Task
Force efforts with all law enforcement agencies in Marion County and avoid, as much as possible,
exclusive credit to a single agency. It is recognized however; that often the press will print or report
news stories the way they wish regardless of how press releases, or press conferences are prepared.
16. Severability
If any section of the agreement is found to be void, the remaining sections shall remain in full
force until terminated pursuant to this agreement.
IN WITNESS THEREOF, this Partnership Agreement is duly executed on the date written below.
Date:
Signatures of Agency Executives
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Aumsville PD
Aurora PD
DBA
DOJ/HIDT A
FBI
Hubbard PD
Keizer PD
Marion County District Attorney
Marion County Sheriff
Mt. Angel PD
Oregon National Guard
Oregon State Police
Salem PD
Silverton PD
Stayton PD
Turner PD
Woodburn PD
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