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HomeMy WebLinkAboutResolutions - 1981.03.05 - 15246March 5, 1981 MISCELLANEOUS RESOLUTION 4 81077 BY: PUBLIC SERVICES COMMITTEE, JAMES E, LANNI, CHAIRPERSON IN RE: SUPPORT FOR THE OAKLAND COUNTY ANTI-ORGANIZED CRIME UNIT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has recognized for several years the existence of organized criminal activity in Oakland County; and WHEREAS the Oakland County Board of Commissioners has supported anti- organized crime efforts through dedication of County funds in the Oakland County Prosecuting Attorney's budget since 1976; and WHEREAS various state and federal courts have recognized that Prosecutor Investigators have general Peace Officer powers, including the powers to execute search warrants and make arrests; and WHEREAS in the Oakland County Board of Commissioners' 1981 final budget, the Oakland County Board of Commissioners approved funding for the two Senior Trial Lawyer positions, five Prosecutor Investigator positions and one secretary position to help staff an Anti-Organized Crime Unit; and WHEREAS the Unit shall be governed by a Board of Directors and by-laws similar to the Oakland County Narcotic Enforcement Team; and WHEREAS Upon approval of the Board of Directors and by-laws by the Board of Commissioners, five investigators and one secretary shall devote their full time and effort to the activities of the Anti-Organized Crime Unit; and WHEREAS the Oakland County Prosecutor's office shall designate two Senior Trial Attorneys to be available on a top priority basis to the Oakland County Anti-Organized Crime Unit, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the membership of the Anti-Organized Crime Unit Board of Directors and by-laws as presented to this Board. BE IT FURTHER RESOLVED that the Board of Commissioners adopts the proposed 1981 line-item Budget for the Anti-Organized Crime Unit (consistent with the attached schedule) utilizing money appropriated to the 1981 Prosecutor's general budget and appropriates the necessary additional funds for this purpose. BE IT FURTHER RESOLVED that written quarterly reports be brought back to the Public Services Committee. Mr, Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE $ 84,260 117,605 1981 ANTI-ORGANIZED CRIME UNIT PROPOSED LINE-ITEM BUDGET Personnel: 2 Senior Trial Lawyers 5 Prosecutor Investigators 1 Legal Secretary Fringe Benefits Total Personnel 16,561 $218,426 47,061 $265,487 (1) Operating: Communications (8 phones & installation) $ 3,632 Copier Machine Rental ($85/mo.) 1,020 Data Processing (Rent Clemis-$60/mo.) 720 Equipment Rental (Typewriter, Calculator) 258 Justice Fund * -- Radio Rental (5 @44.42/mo.) 2,665 Rent Office Space ,(1,500 sq. ft. 7.16/ft.) 10,740 Transporta“om:(5 -cars (20,000 ea, @„22)) 22,000 Travel & Conference * -- 1,500_ : - Total Operating $42,535 (2) Total $308,022 *Justice Fund and Travel & Conference money in the Prosecuto Administrative Operating Budget upon request and approval by the Prosecutor. These funds are also made available to other Law En- , foncement Agencies upon approval by the Prosecutor. (1)Available in the 1981 Prosecutor's Anti-Organized Crime Unit Budget (2)Data FTocessi7 and Rent Office Space line-items in the amount of $11,460 will require an additional appropriation. The remaining funding for operating costs in the amount of $31,075 is available in the 1981:Prosecutor's-Executiv-: Staff Operating Budget. tiet. Prepared by: Reviewed by: Budget Division R. Thompson, Prosecutor's Office R. Crider, Coordinator Anti-Organized Crime Unit J. Brennan, Director V -na7,ement & Budget 2-11-8) OPERATION.PLAN Of THE COUNTY ORGANIZED CRIME UNIT _ SECTION - INTER-AGENCY TASK FORCE A. AGREEMENT Participating law c ;'-orcement agencies in Oakland County, in conjunction with the Michigan :a artrnt of State Police, agree to organize and support, on an inter-agency level, a task force to be known as the Oakland County Organized Crime Unit. The primary purpose of this Unit is to investigate organized activities in Oakland County. B. JURISDICTION The properly designated official of each participating agency may, at his discretion, assign approved personnel and/or equipment of his depa ' to the Unit without regard to the corporate limits of his governmental jurisdiction. C. WOKI!77'S C=FNSATION LIABTUTY INSURANCE Each participatirg aTency shall support all costs for their assign manpower and en. -t. Each participating agency shall providc liability and a's compensation insurance to cover their aeai personnel while en .2—:ad in this common venture, regardless of the jurisdiction in which the injury Or personal liability claim may take place. D. RECALL OF NAN .212,1D/0:7 EOUIPMNT A participating agency may recall any of its men and/or equi any time.. E. WITHD,W12,7117, FR:)2 ,1 PROCR.T.C,I Any participating agency may, at any tine, withdraw from participating in this program by giving in. able notice in r'ting LO the Pry'rd of Directors of their decision to withdraw. SECT TO:;. /I - A. .777 OF DIRECTORS The flea rd of Directors shell consist of five perfoenent mori7iers: - a representative selected by the Soth ' Chiefs of Police c Association - a representative selected by the IntereLa7:es Chiefs of Police Assecietien - a representative of the Oakland County Sheriff's. Department s Office - a representative of the Oakland County Pr - a representative of the Michigan State Police. Also, those law enforcement agencies providing a full-time in assigne," '-•a the Oakland County Organized Crime Unit have represenLative on the Board if they elect; however, ro departs have mere than one representative at any one time. Tic prcsc permanent board members, at any given time, shall co.- titute Board meetings shall be held at least quarterly. Ot t er meeting. I held by the Board at their discretion, after notification of all be::rd members. B. DUTIES The Board of Directors shall have general authority over the Crime Unit's planning, policies, and operations. C CHAIR1f7iN A Board Chairman and Vice Chairman shall be elected 2n -Board of r at the annual meeting. He sha71 preside over meetin7s of the Be ,:. coordinate activities of the Bee7d, and cause minn!s of each r: be published and delivered to each BO:al-CY member. :!7:7 4 7 minutes available to each participating 77],it within 15 dege efter each e 2-.30c .d meeting upon request. D. TREASURED A Treasurer shall be appointed by the Board of Directors, at th•• meeting. It shall be the Treasurer's duties to s ....•tvise the process and disburse, funds, as directed by the of E. UNIT COM=DER The Department of State Police shall appoint a Unit Cs=seder w7- hey° that authority, as designated by the Board, to rre.eide pc management over the Unit operations. The Unit Ccem •:,•.7er shall to the Board of Directors. The Unit Commander shsli, in al? commanding officer of the entire operation. A7? Jerenne1 a• the particinating agencies s7: :7.1, he urer the Unit Commendel: or parson .17,L, the u1-11 Directors. The duties of th- Unit Cos—un..-'er shall inc?uc7c th• L 1. Control and of egul[ cut and manpas3.= as 2. Direct field operations. - 2 -- PenICTI III - C2ERAT1NG RROCRDuRE A. DEETNTTTON OF ORCL7INT2ED CRTME The operational definition of organized crime which shall be used by the Ozganized Crira3 Unit is: Organized Crime means the unlawful activities of the members of a highly 02 nized, disciplined association engaged in supplying illomal goods and services, including but not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities. of momhers of such organizations. B. REQUSTS FOR ASSISTANCE The Chief, Commanding Officer, or other designated official of a participating agency, may request aid in investigating organized crime activities in his jurisdiction falling within the guidelines established by the Board of Directors. Such requests for assistance may be made by phone, personal contact or by mail. C. SET,ECTION OF INVESTIGATIVE TARGETS 1. No single type of offense will suffice to distinguish organized Crime activities from other forms of criminal activities. The individual involved in organized crime may commit crimes which are no_clly thought of as street ors, such as murder, rape, r,-':hory; 7.7henover that particular activity is consistent with the objectives of his criminal syndicate. Therefore, the selection of specific targets for investigation and ultimate prosecution is a critical phase in the law enforcement attack on organized crime. The following guidelines will be followed in order to determine complaints to be investigated; a. Identified organized crime members or their associates • involved in illegal activities. b. Cases involving public corruption. c. Conspiratorial type of crime of a white-collar nature, as outlined in the definition of organized crime. d. Assistance to other departments, state, local or federal, who are investigating crimes committed by the organized criminal element within Oakland County. e. Generally speaking, only felony cases will be handled; however, misdemeanor, prostitution and gambling will be handled on occasion. Regarding gambling, any skim or cut of the pot, usually indicates organized crime involvement. f. Any case where extortion, bribery, or racketeering appear to be indicated. g- f4ulti-jurindict7onal cases that indicate organized crime - involvement. -3-- 2. All rc s shall. be rev ie.;,,-ed and by :hc Unit r prior to a decision to is -...CJ17,:e. 3. A will be ;rude to those depnr!-_ 7,;hor;e are considered not falling within the ob!ectivos of the Crime Unit or otherwise nonoperational. 4. The success of the Organized Crime Unit shall not be j•7.1.-cd - totally upon the number of arrests, but rather upon the impact that the Unit has on id.o curtailment of organized crime activity in Oakland County. - SECTION IV - REPORTTNG AND RECORDS A. The Board of Directors shall cause to be compiled and r—Htaired, adequate records of each and every operation of this coc;--::tive unit, and shall provide same to each and, every agency p7.rticipating in the Unit, upon request. B. A complete report of the actions of the. Unit shall be compiled, as directed by the Unit Commander, as each investigation progresses and shall be recorded and maintained according to the Official Policy and forms of the Michigan State Police, and the laws of the State. C. It shall be the responsibility of the Unit CammEsder to see that a quarterly and annual progress report is compiled and submitted to the Board of Directors and Oakland County Commissioners. Said report shall contain statistical data relating to the activities of the Unit on an annual basis. SI-JCTTON V - ASS T=ENT OF PERSONNEL A. The State Police Criminal Investigation Section shall s:?soly a rnit - Cc -:-dar•for the project who is highly experienced in and is capable of training others. The State Police will also at least three additional officers to assist in se.-visory, - investigative, training and/or undercover functions. B. The Oakland County Prosecutor's Office shall supply five Pr-----tor Investigators and one clerical person. Prosecutor Investigers shall have general peace officer powers as defined by the case law of the State of Michigan as well as that authority resulting from their working in conjunction with the Department of Sta t e Police. C. Personnel shall be assigned to or relieved from the Unit at the discretion of the Board of Directors and the Unit Commander-. D. Full-time personnel are preferred, however, assignments for at least six months are acceptable. E. All personnel assigned to the Unit shall be under the direction of the Unit Commander, or his designated authority, and shall be subject to his command, regardless of position or rank. - 4 - Ni:CTI ON VI - S7:7 77,..Fc '17 17:7- 7: 7 A. frier to it-,7:e assignment of any officer to the Unit, ae int. to determine suitability, wi71 be conduoted by the Unit Ci.o-n .7.c, or his don?'7-c.1 represontative, with the officer and his de;H?:o 'a!'s Officer, or his designated representative. SECTION VII - Eauxi. A. All equipment 7-ndod for the operation of the Unit is provided by state, county and local funding. 1. Padio frequencies presently assigned to the Criminal Investigations Section of the State Police will be used by the Unit. B. A schedule of equipment available to the Fit shall he submitted by each participating agcncy to the Unit Co:_oo-ndor upon request. 1. Said schedule shall include that equipment which is available to the Unit on a full-time basis and that equipment which is available at such Lir-7e that a part-time assignment is made. 2. Each department, assigning an officer on a full-time basis, shall provide the Unit Commander with a list of firearms the officer has been trained to use. SECTION VIII - m:TTON A. The Oakland C: .!y Prosecutor's Office shall designate two Assf in Prosecutors to he available to the Oakland County cn:•o7r:-.7(1 Cr _ s to provide legai advice, prepare search warrants and • ,aiew uac t roguosts. \ SECTION TX - PUBLICITY A. In most cases, it shall be the responsibility of the Unit Commander to contact the agency in which each investigation terminated an arrest to release through a joint effort public information TeaLing to that individual investigation, regardless of 1..l• Tr.:her the ,osacg of jurisdiction has a representative assigned to the Unit. B. All personnel associated with the Unit are prohibited from discussing or providing information to the news media on the Unit's operations . or activities without permission of the Unit Commander, or his designated representative. C. The Board of Directors may discontinue participation of any agencw that allows the Unit's name or methods of operation to be used by the ?:.5 media, without the aUthorization of the Unit Commander, while to the Unit or after being reassigned to his/her own department. t 5 D. Nothing in this Section shall prc=clude the king joint statement-s about the overall nonsultation with the Unit Commander. of Diroc -!--or!; Ion of T-7 • " ,s.7FCTION X - !LOUSING A. Housing will be approved and provided for by the County through the Board of Directors. SECTION XI - FINANCING A. Individual departments assigning manpowor sh77 be row• wages, insurance and other fringe benefits; t expenses of the day-to-day operations will be .,7unded Prosecutor's budget on an annual basis. or 6 #81077 March 5, 15 01 Moved by Lanni supported by Geary the resolution be adopted. Moved by Lanni supported by Murphy the resolution be amended in the 1st BE IT FURTHER RESOLVED paragraph to add: "and that the 1901 Budget be amended to reflect this action''. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Gabler, Geary, Gosling, Hobart, Jackson, Kasper, Lanni, Moffitt, Montante, Moore, Murphy, Page, Patterson, Perinoff, Pernick, Price, Wilcox, Aaron, Caddell, Canney, DiGiovanni, Doyon, Fortino. (2 3) NAYS: None. (0) A sufficient majority having voted therefor, the resolution as amended was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution 1/81077 adopted by the Oakland County Board of 900901100**aeoo•ogoo.d.osseeeeee 'efe.epte•oee..10.1101 11 .1 4,11 011.101 **4110 .410 . Commissioners at theft meeting held on March 5, 1981 ..m.smooeleoecae.00eiva.waota • a OM asPel, Sallas a s 6n 0 n 1106.6asase OSISOil al.els01 009,71,411114 0 4 41/4 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan Lynn D. Allen......................Clerk Clerk