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.
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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.
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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.
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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
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#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
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Commissioners at theft meeting held on March 5, 1981
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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