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1996-110-Authorizing The Chief Of Police To Execute The Santa Clara County Specialized Enforcement Team Memorandum Of UnderstandingRESOLUTION 1996 - 110 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE SANTA CLARA COUNTY SPECIALIZED ENFORCEMENT TEAM (SCCSET) MEMORANDUM OF UNDERSTANDING WHEREAS, The Los Gatos Police Department had been a member of the Allied Agencies Narcotics Enforcement Team ( ANNET), a multi- agency task force designed to combat major narcotic and drug criminal operations, from its inception in 1981 and; WHEREAS, the Town received substantial benefit from participating in AANET through the availability of its combined resources; and, WHEREAS, out of concern for the rising level of violence in Santa Clara County, the Police Chiefs of Santa Clara County formed a new task force with an expanded mission to replace AANET, named the Santa Clara County Specialized Enforcement Team (SCCSET); and, WHEREAS, the Town of Los Gatos must approve the SCCSET Memorandum of Understand, and its future amendments, if it wishes to participate; THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Chief of Police is authorized to execute the Santa Clara County Specialized Enforcement Team Memorandum of Understanding (attached as Exhibit A). ATTACHMENT 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of September, 1996 by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Patrick O'Laughlin NAYES: Linda Lubeck, Mayor Randy Attaway ABSENT: None ATTEST: CLERK OF THE TOWN OF L S GATOIS LOS GATOS, CALIFORNIA A ILI ILI -/ MEMORANDUM OF UNDERSTANDING Revision #5 2/13/96 EXHIBIT A Memorandum of Understanding Table of Contents Memorandum of Understanding .........................1 I. Purpose ................ ..............................2 II. Mission ................ ..............................2 III. Task Force Council .... ..............................3 IV. Management ............ ..............................4 V. Task Force Commander ... ..............................4 VI. Compensation .......... ..............................4 VII. Budget ................ .:............................5 VIII. Training .............. ..............................5 IX. Annual Report .......... ..............................5 X. Resources .............. ..............................6 XI. Facilities, Equipment and Property ...................8 XII. Asset Forfeiture ....... ..............................8 XIII. Administration and Audit ............................9 XIV. Inspection Process ..... ..............................9 XV. Non - Discrimination Clause ............................9 XVI. Respective Responsibilities .........................10 XVII. Policy and Procedure Manual .........................10 XVIII. Term of Agreement ....... .............................10 XIX. Authorization ........... .............................11 Asset Forfeiture Formula ...... Attachment A.........11 Rotation Plan .................. Attachment B.........13 Temporary Non Participation ..... Attachment C.........14 Revision #5 2/13/96 2 SANTA CLARA COUNTY SPECIALIZED ENFORCEMENT TEAM This Memorandum of Understanding (MOU) to establish the Santa Clara County Specialized Enforcement Team is entered into by the California Bureau of Narcotic Enforcement (hereafter BNE) and the following participating agencies: The Campbell Police Department, The Los Altos Police Department, The Los Gatos Police Department, The San Jose Police Department, The Santa Clara County Department of Probation, The Santa Clara County District Attorney's Office, The Santa Clara County Sheriff's Office, The Santa Clara Police Department, San Jose State University Police and the California Highway Patrol. "The participating agencies do not intend this MOU to be a joint powers agreement or to create through this MOU a joint powers agency or entity as such terms are defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seg. Revision #5 2/13/96 3 I. P U R P O S E The purpose of this memorandum is to set forth the responsibilities of the participating agencies as they relate to the Santa Clara County Specialized Enforcement Team (SCCSET). Working in conjunction, the participating agencies will endeavor to effectively enforce the controlled substance laws of the State of California as expressed in the Health and Safety Code, and applicable federal laws relating to the trafficking of controlled substances. This will be the primary focus of SCCSET. The agencies participating in SCCSET will be targeting their investigations toward the apprehension of street level and mid level violators. The agencies participating in SCCSET will also focus on violence suppression investigations, as requested by participating agencies, or when directed by the Chairperson of SCCSET. Current drug trafficking trends and enforcement problem areas identified by the SCCSET Commander and Council, will be considered when establishing enforcement priorities and goals. Use of this task force concept is intended to ensure well coordinated narcotic enforcement regionally, to increase the flow of information between the various law enforcement agencies participating in the BNE Task Force Program, and to provide a highly trained and mobile specialized enforcement team to assist participating agencies in violence suppression investigations. II. M I S S I O N The Mission of SCCSET will be to significantly diminish the availability and the use of illegal drugs, and to assist in violence suppression investigations in the cities of Campbell, Los Altos, Los Gatos, San Jose, Santa Clara, and the unincorporated area of Santa Clara County. SCCSET is a Specialized Enforcement Unit both flexible and mobile, designed to assist in the apprehension of responsible offenders for both narcotic and criminal offenses, thereby increasing public safety. GOALS AND OBJECTIVES OF SCCSET ARE STATED AS FOLLOWS: 1. To initiate independent SCCSET investigations involving all levels of drug trafficking with a focus on mid level dealers. To emphasize enforcement on street level traffickers who have a community, county, or regional impact. To develop information on narcotic trends, and to interface with local, State and Federal Law Enforcement Agencies, for maximum utilization of information and Revision 45 2/13/96 of the SCCSET Commander, ensure that BNE's commitments made to SCCSET are being carried out. The Senior Supervising Special Agent in Charge will act as a liaison between SCCSET, the Department of Justice and other Task Force units. Role - The SCCSET Council shall meet on a bi- monthly basis for the purpose of reviewing the activities of the Santa Clara County Specialized Enforcement Team. The SCCSET Council shall have general responsibility for the oversight of SCCSET's operations and to give direction to the Commander. Policy Authority - The SCCSET Council shall be responsible for the Santa Clara County Special Enforcement Team's policies and operating procedures. The Council shall periodically review and evaluate SCCSET's operations, goals, objectives, policies and procedures. Each member of the SCCSET Council will have an equal vote on all policy matters pertaining to the operation of the Task Force. IV. MANAGEMENT The management and supervision of SCCSET's resources will be the responsibility of the Task Force Commander. The Task Force Commander shall retain supervisory control of the personnel assigned to SCCSET. When the number of law enforcement personnel from participating agencies drops below four, BNE may terminate the MOU. When the number of law enforcement personnel from participating agencies is over nine, BNE may add a second Special Agent Supervisor (SAS). V. T A S K F O R C E C O M M A N D E R A Special Agent Supervisor (SAS) from BNE shall be the SCCSET Commander. The Task Force Commander shall be responsible for managing SCCSET and will report to the SCCSET Council through the Chairperson of the Task Force Council. The SCCSET Commander will provide the Task Force Council with monthly and annual reports of SCCSET's activities. The monthly reports are due 15 days after the close of the month. The annual report will be due 60 days after the close of the fiscal year. All personnel assigned to SCCSET shall wor supervision of the Task Force Commander. members of the Task Force shall abide by t and Procedures as expressed in the SCCSET Manual which is specific in its content to objectives and goals of SCCSET. 0 k under the immediate It is agreed that all he Task Force Policies Policies and Procedures the rules, needs, Revision #5 2/13/96 available resources in the apprehension of narcotic violators and perpetrators of other crimes. To assist participating agencies in special problems where covert surveillance and undercover tactics will maximize the effort of criminal apprehension and violence suppression. 5. To refer drug investigations of clandestine laboratories to the Bureau of Narcotic Enforcement. III. T A S K F O R C E C O U N C I L SCCSET will be governed by the Task Force Council. Participating Agency - A "Participating Agency" is an allied local, State or Federal Law Enforcement Agency that has made a commitment of resources and or manpower for an agreed upon time period. Structure - The SCCSET Council will consist of the Senior Special Agent in Charge (SSAC) or Special Agent in Charge (SAC) of the San Jose Regional Field Office of the Bureau of Narcotic Enforcement or their designee and the department head, of each participating agency or their designee. This governing body shall be known as the SCCSET Council. It is expected that the individual participating agency department head will attend each SCCSET Council meeting. In the event of an emergency or unforeseen circumstance, a designee may be appointed. The term designee signifies the rank of Captain, its equivalent or above. Chairperson - The SCCSET Council shall elect a Chairperson for the Task Force Council. The Chairperson will be the SCCSET Commander's primary contact with the Council in regards to normal operational matters and will bring to the Council's attention, any matters which will require a consensus of the Council prior to the regularly scheduled bi- monthly meetings. The SCCSET Chairperson shall also preside over the SCCSET Council meetings and is responsible for the formulation of minutes for the meetings, and the notification to Council Members of scheduled meetings. The chairperson shall serve a term of no more than two consecutive years, unless otherwise voted upon by the SCCSET Council. Senior Supervising Special Agent In Charge - The Senior Supervising Special Agent in Charge (SAC) shall in his /her capacity as a SCCSET Council member, and as the supervisor Revision #5 2/13/96 The SCCSET Commander has the responsibility for initiating reporting systems for SCCSET, which will record the Task Force's detailed fiscal and statistical data. These .reporting systems will serve as support systems for the creation of the monthly activity reports as well as to insure ongoing accounting of the expenditures of funds and manpower resources. VI. C 0 M P E N S A T I ON Each participating agency shall be responsible for providing its respective personnel with compensation as required by that individual agency. salaries, benefits and overtime will be in accordance with the individual agency's policies and procedures. The SCCSET Commander will be responsible for authorization and the management of SCCSET Agents' overtime, in accordance with the direction received from each participating agency. VII. B U D G E T The Task Force Commander will prepare a proposed budget each February for the following fiscal year to be approved by the SCCSET Council for the ensuing fiscal year. The commitment of cash resources allocated to SCCSET by the participating agencies will be in two separate funds. 1. Undercover funds: Funds to be expended for the purchase of evidence, payments to confidential informants and investigative expenses. These three items shall be related to specific investigations. 2. Operational funds: Funds used in the daily operation of SCCSET. These funds are used to purchase expendable items, such as film, photo development, postage, and other miscellaneous items needed for the efficient operation of the Task Force. Accountability for the expenditure of funds from either category is established in the SCCSET Policies and Procedures Manual. A complete reporting of all expenditures during each month is to be included in the monthly Task Force report issued by the SCCSET Commander. Any and all Task Force expenditures are subject to review by the SCCSET council. The Senior Special Agent in charge from the San Jose Regional Office of the Bureau of Narcotic Enforcement will see that a semi - annual audit is completed of all SCCSET's funds and expenditures by the Investigative Auditor assigned to the San Jose Regional Office. Revision #5 2/13/96 0 Training is paid for by participating agencies according to their individual budgets to meet POST requirements. In addition, a yearly training plan for all SCCSET personnel, sworn and non - sworn, shall be prepared upon their assignment to the Task Force. A yearly group training plan also will be prepared and submitted with the Task Force budget proposal. I%. ANNUAL RE PORT The SCCSET Commander will provide the Task Force Council and BNE Headquarters with an annual report of activity no later than March 15th of each year. This report will summarize the proceeding calendar year operation and shall include a section for statistical data broken down in a similar fashion to that of the monthly report. This report shall contain sufficient information regarding controlled substance abuse and trafficking trends to enable the SCCSET Council to reassess Task Force goals and objectives. R. RE SOURCE S Each of the below listed agencies have agreed, by virtue of the signature of the department head affixed to this MOU, to contribute the following personnel and /or resources to the Santa Clara County Specialized Enforcement Team in each year of this agreement. Bureau of Narcotic Enforcement One Two special Agent Supervisor(s) - Dependent on number of personnel assigned to SCCSET One /Two undercover vehicle(s) Miscellaneous investigative equipment Miscellaneous services Facility rent, alarm equipment and monitoring Telephones Monthly phone charges (local, ATSS, and long distance charges) Nine mobile radios /(installed and removed at SCCSET expense) One radio base station /assigned to SCCSET Campbell Police Department One Police Officer One undercover vehicle One portable radio One first aid kit Safety equipment Funding as agreed upon annually Revision #5 2/13/96 Los Gatos Police Department One Po ice 0 icer One undercover vehicle One portable radio One first aid kit Safety equipment Funding as agreed upon annually Los Altos Police Department One Police Officer One undercover vehicle One portable radio One first aid kit Safety equipment Funding as agreed upon annually Santa Clara Police Department One Police Officer One undercover vehicle One portable radio One first aid kit Safety equipment Funding as agreed upon annually San Jose Police Department One Po ice 0 f f tcer One undercover vehicle One portable radio One first aid kit Safety equipment Funding as agreed upon annually California Highway Patrol One Hig way Patro Otticer One undercover vehicle One portable radio One first aid kit Safety equipment Funding as agreed upon annually California State University Police Department,San Jose,CA One Police Olticer One undercover vehicle One portable radio One first aid kit Safety equipment Funding as agreed upon annually Revision #5 2/13/96 Santa Clara County Sheriff's Department One Deputy S eri One undercover vehicle One portable radio One first aid kit Safety equipment One Law Enforcement Technician /Secretary Evidence custody and storage Funding as agreed upon annually Santa Clara County Department of Probation One Probation O icer One undercover vehicle One first aid kit Safety equipment Funding as agreed upon annually California Department of Parole and Community Services One Paro e 0 icer One undercover vehicle One first aid kit Safety equipment Funding as agreed upon annually Clara County District Attorney's Office v11a u"PULy 1JJ.jLr.LUL aLLOrney Safety equipment Funding as agreed upon annually RI. F A C I L I T I E 5, E Q U I P M E N T & PROPERTY If a Task Force is terminated, for any reason, any balance of the facilities lease agreement (or any contractual agreement) will be shared on a pro -rated basis by the participating agencies in this MOU, or be paid with any SCCSET Asset Forfeiture Funds. Any and all property, including equipment, furniture, furnishings of whatever kind or description, purchased or acquired with DOJ funds shall be the property of DOJ. In the event of termination of this agreement, whereupon no new agreement is reached, all said property shall be returned to DOJ. Any remaining property or assets will be distributed among the current participating agencies. Any equipment purchased with SCCSET or seized funds which is damaged, broken, misplaced, lost or stolen, through negligence, willful act, or gross omission of an officer or agent assigned to the Santa Clara County Specialized Enforcement Team ( SCCSET), shall be repaired or replaced by the agency of the responsible Revision 45 2/13/96 Etl employee at the determination of the Task Force Commander with the approval of the Task Force Council. The California Bureau of Narcotic Enforcement will provide for SCCSET's office facilities and maintenance. ENE will pay for previously described telephone charges, office supplies, utilities, alarm equipment (maintenance and monitoring), and the purchase and installation of at least one personal computer, printer and modem which is compatible with DOJ's OFIS LINK /SPERRY system. XII. AS SET F 0 R F E I TURF Based on the attached Asset Forfeiture Agreement, proceeds derived from an asset forfeiture, under State or Federal Law, initiated in the course of investigations conducted by the.Santa Clara County Specialized Enforcement Team, will be shared equitably among member agencies including ENE. SCCSET's Asset Seizures may be used to fund the Task Force in lieu of funding by individual participating agencies as agreed upon by the SCCSET Council. Equitable sharing by SCCSET participating agencies will be based on the attached formula developed by the SCCSET Council. All forfeiture procedures and sharing will be based upon the appropriate provisions of State or Federal Law and policy. Modification to the Asset Forfeiture Agreement requires approval in writing by a majority of the members of the Task Force Council and BNE Headquarters. BNE's equitable share of all asset forfeiture proceeds shall be channeled directly to the Task Force budget. If any expansion of SCCSET (facilities, telecommunication equipment, office equipment, undercover funds, etc.) occurs, BNE's share of this expansion can only be derived from the Santa Clara County Specialized Enforcement Team's (SCCSET) asset forfeiture fund. XIII. A D M I N I S T R A T I O N AND A U D I T In no event shall the member agencies charge any indirect costs to DOJ for administration or implementation of this agreement during the term thereof. Any and all records pertaining to the Santa Clara County Specialized Enforcement Team expenditures shall be readily available for examination and audit by BNE or any other participating agency. In addition, all such records and reports shall be maintained until audits and examinations are completed and resolved, or for a period of (3) three years after termination of the agreement, whichever is sooner. Revision #5 2/13/96 11 RIV. I N S P E C T I O N P R O C E S S It is the policy of BNE to maintain a formal administrative inspection program. This program requires inspections of each BNE supervised regional task force once every eighteen (18) months or as necessary, with follow -up inspections within six (6) months. Copies of the inspection report will be delivered to the San Jose BNE Regional Office SSAC and the SCCSET Commander. In the event of a change of command, an audit of the controlled substance evidence seized money and assets, reverse sting stock, undercover funds, weapons and specialized equipment shall be performed. P.V. N O N- D I S C R I M I N A T I O N C L A U S E All participating agencies will.comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part 42, Subsections C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities. XVI. R E S P E C T I V E R E S P O N S I B I L I T I E S No participating agency shall be responsible for the acts and omissions of another participating agency's officer(s) or employees, nor incur any liabilities arising out of the services and activities of another participating agency's officers or employees. Officers and employees assigned to SCCSET shall continue to be employees of the participating agency and shall have the same powers, duties privileges, responsibilities and immunities as are conferred on them as peace officers or employees in their own jurisdictions. In the event of a non - criminal claim (Underlying Claim) by a third party against any one or more participating agencies based on SCCSET activities, all participating agencies agree to defer any claims against another participating agency, its officer(s) or employees until the Underlying Claim is settled or otherwise determined. There after, any claims between or among participating agencies shall be submitted to binding arbitration. a L I C Y AND P R • It is agreed that all members of the Task Force shall abide by the new standardized policies and procedures as expressed in the Santa Clara County Specialized Enforcement Team Manual; in Revision #5 2/13/96 12 The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU will become effective upon receipt by the BNE headquarters of the original MOU with all it's attachments. All future amendments must be forwarded to headquarters and will become effective upon receipt. The Santa Clara County Specialized Enforcement Team - Asset Seizure Distribution Agreement... ATTACHMENT A The Santa Clara County Specialized Enforcement Team - Rotation Plan ........................... ATTACHMENT B The Santa Clara County Specialized Enforcement Team - Temporary Non - Participation ............. ATTACHMENT C Christy McCampbell, SAC Date Bureau of Narcotic Enforcement Robert Lockwood, Chief Date Campbell Police Department Larry Todd, Chief Date Los Gatos Police Department Lucy Carlton, Chief Date Los Altos Police Department Charles Arolla, Chief Date Santa Clara Police Department Louis Cobarruviaz, Chief Date San Jose Police Department 14 Revision #5 2/13/96 addition to the units specific language specific needs, objectives and goals of Specialized Enforcement Team. In newly forces, this manual will be developed by month of operation. XVIII. TERM OF AGREEMENT which expresses the Santa Clara County created regional task the end of the third The term of this agreement shall be from January 1, 1996 through December 31, 1998. The term of this agreement may be terminated by any party for good cause shown by notice in writing, to the Task Force Council Chairperson thirty (30) days prior thereof. An extension of this MOU will be granted pursuant to the signed agreement of the Task Force Council. The Santa Clara County Specialized Enforcement Team will only be responsible for financial obligations incurred by the task force participating agencies during the term of this agreement. Revision #5 2/13/96 13 Don Follett, Captain Date California Highway Patrol - San Jose Office Richard L. Abeyta, Chief Date California State University at San Jose Police Department Charles Gillingham, Sheriff Date S.C. County Sheriff's Office John Cavalli, Acting Chief Probation Officer /Date Santa Clara County Probation Office Steve Schroeder, Field Administrator Date California Dept. of Parole and Community Services George W. Kennedy, District Attorney Date Santa Clara County District Attorney's Office DT:2/13/96 REVISION #5 W, A'.271 r CM6ENT A SANTA CLARA COUNTY SPECIALIZED ENFORCEMENT TEAM ASSET SEIZURE DISTRIBUTION AGREEMENT oo c%7 of SCCSET t0 act. vely cursue and Car=- ^�lpate In i:.ne State or Federal asset seizure programs. Toward -at end, t-ie following guidelines are adopted: Duration: These guidelines become effective when signed by the entire SCCSET Council and remain in effect -1 dissolved In writing by the Council. c+ --e _te of ?mplementati.on Se1z_res occurring and finds received ny SCCSET azter t: e ef-fective da =c 07 this agreement, shall be governed by said agreement. -1 prior seizures shall remain 'una.zfectea. 3. Agencies Leaving SCCSET: Any agency leaving SC= 77 shall not part lc _pate in the C1szri.ouc1On of = crC -Caged absence(not to exceed 90 days) of assigned perscnnei from _. individual agency shall preclude distribution of asset forfeiture funds unless otherwise approved by the -ask =crce Council. 4. Appeals: Anv member agency who wishes to appea'_ Cr contest anv part of this Agreement, including the amounts and percentages or request clarification Of any part, may request an appeal hearing. This hearing shall be conducted by a three - member board, appointed by the Council Chairman. All decisions of this Board shall be final and binding. No member of this Board sP_ -a -_ have uacar,-mental lrnteres_ in the case before 5. Routine Seizures: Any member agency who contributes infcrmatlon which proximately causes a seizure may be entitled to an additional share of that portion cf the seizure assigned to SCCSET as provided in Section 9. 6. Mutual Aid: SCCSET will not share asset seizures with any agency nor request anv share of asset seizures,when routine muc,:al aid is being provided. Mutual aid is defined as assistance in the form of manpower or equipment used for a one -time event of short duration. 7. Special Seizures: Any member agency that desires SCCSET's active participation, but due to special circumstances feels that the sharing of seizures as provided in Section 5 is not equitable, may request a hearing as provided in Section 4 prior to the seizure hearing. =ate _cencies State agencies oar= cip'ating in SCCSET Sh.r'_11 �C2 ___ciuded in the normal asset seizure .:.istri ucian f ormula. ENE's ecuizab'e share of all asset forfeiture rcceeds stall he channeled dfrectl v to zhe task force budg k. if any expansion of SCCSET (_facilities, :elec= _._'iCunic._z_cn equipment, _ =Lice eauir -ment, undercover funds, etc.. occurs, ENE's share or =_"_is expansion can _nay ze dcrivad from the Sania Clara County Specialized _nforcemen= Team (SCCSET) Asset Forfeiture Tuna. 9. Outside Seizures: When SCCSET is involved in any asset seizure wnicn involves interested outside agencies, the Task Force Commander may negotiate with such agencies for an appropriate share. The circumstances of the seizure and recommended sharing formula shall then immediately be renorted to the Chairperson of SCCSET. The Chairperson may thin approve or modify such formula. in the absence of the Chairperson, the Vice-Chairperson will be notified. Should the Vice-Chairperson not to available, L=en any Council Member may act in this capacity. 1V Distribution Formula: SCCSET Asset Seizure Funds will be held in trust by SCCSET and disbursed as follows: _. SCCSET will be provided with a revolving fund which should include funds for specifically approved purchases and "flash" funds to a maximum of S50,000, except when additional capital expenditures are approved by the Council. II. All agency non -agent costs will be returned at the actual expenditure level for the current fiscal year. These costs will include participating agency assessments to the SCCSET Budget, and any salaries for non -sworn personnel iII. The remaining funds will be disbursed to participating agencies on a ratio equal to the level of agent participation in SCCSET. 11. Carrvover: in the event there is insufficient funds to fully compensate any of the first two levels in the order given, those funds shall be carried over to the nest disbursement period. 12. Disbursement Periods: SCCSET asset seizures will be disbursed as appropriate. Seizures specifically apportioned to an individual agency as per Section 5 will be disbursed upon receipt. 13. Real and Personal Property: All property seized by SCCSET will be sold at auction as practical and the proceeds placed in the asset seizure trust fund. AT" 'AC=NT B SANTA CL:ARA COUNTY SPECT.ALIZED ENFORCEMENT TEAM — ROTATION PLAN in order to achieve maximum utilization of the training and experience gained by agent personnel assigned to SCCSET, each participating agency will agree to an assignment period or two Vears. n additional third year may be granted with the mutual Consent of each Darticicat_ng agency and the SCCSET Commander. This agreement dies niot creclude the SCCSET Commander from transferring an employee back cc his /her parent agen_cv at the Commanders discretion. The selection process for agent personnel should also be based mutual agreement between the SCCSET Commander and the oartic'_Dat_ng agency. ''__^_e SCCSET Commander shoull particiDate __. the selection process and his/ her experience in narcotics enforcement should have a major influence on the personnel selected. The participating agency will make the final decision an the selection of its personnel to SCCSET. The two year period with one year extension Will also apply to non sworn personnel assigned to SCCSET by participating agencies. The selection process for non sworn personnel should also be a mutual agreement between the participating agency and the SCCSET Commander. The SCCSET Commander is assigned to the Task Force cy the Senior Special Agent in Charge of the San Jose Regional Office Bureau of Narcotic Enforcement. The SCCSET Commander serves for an undetermined amount of time at the discretion of the San Jose ENE SAC, and will be rotated based on the needs of the San Jose ENE Regional Office and SCCSET. FEB- 15 -'9e 18:07 1U:0HNE1 FEL NU: 9139 P02 THE SANTA CLARA COUNTY Y D ENFORCEMENT TEMPORARY NON - PARTICEPATION It is expected that agent's assigned to SCCSET will serve for the agreed upon two (2) year term. An additional third year will be dependant upon the mutual agreement of the Task Force Commander and the parent agency. In the event of an emergency or unforeseen circumstance, and the assigned agent is required to be absent for a prolonged period of time (not to exceed 90 days), it is the responsibility of that parent agency to reassign a temporary replacement in order to be in compliance with this agreement. $ 141,559.04 $ 170,000.00 141,559.04 ASSET SEIZURE FUNDS $ 28,440.96 No assessments to the participating agencies of the SCCSET Task Force. There will be no Asset Distribution for the Fiscal Year 95/96. 1996 - 1997 SCCSET BUDGET OCJP GRANT $ 90,000.00 ONE CLERICAL POSITION (SANTA CLARA COUNTY S /O) + $ 51,559.04 $ 141,559.04 $ 170,000.00 141,559.04 ASSET SEIZURE FUNDS $ 28,440.96 No assessments to the participating agencies of the SCCSET Task Force. There will be no Asset Distribution for the Fiscal Year 95/96.