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HomeMy WebLinkAboutPD Grand Jury Response on "Saving Major Crimes Task Force"n, �4-tl 1 "L. Agenda Item No: 18 Meeting Date: August 17, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Police Department City Attorney's Office Prepared by: Matthew Odetto, Police Lisa Goldfien, Deputy City Attorney SUBJECT: Consideration of A Resolution Approving and Authorizing the Mayor to Execute the City Of San Rafael's Response to the Marin County Grand Jury Report entitled "Saving Marin's Major Crimes Task Force." RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the response to the Grand Jury report, authorizing the Mayor to execute it and directing the City Clerk to forward the response to the Presiding Judge of the Marin County Superior Court and Foreperson of the Grand Jury. BACKGROUND: Until 2003, the City was a member of the Marin Major Crimes Task Force JPA, and contributed to the Task Force by funding a police department investigator in a full time position. In 2003, the City withdrew from the JPA due to severe budget constraints; nevertheless the Police Department has continued to contribute to the work of the Task Force in a direct and significant way, primarily by providing an officer to the Coordination of Probation Enforcement (COPE) team which works cooperatively with the Task Force. On June 3, 2009 the Marin County Grand Jury issued its report entitled "Saving Mann's Major Crimes Task Force". The Grand Jury recommends that the City rejoin the Task Force JPA. ANALYSIS: The Grand Jury interviewed law enforcement personnel in the County, mayors and members of the JPA Oversight Committee, researched Task Force operations, and considered statistics provided by local law enforcement agencies. The report, which is attached for your review, discusses the purpose of the Task Force and, briefly stated, concludes that it is "a much needed unit that benefits the entire county." The Grand Jury more specifically concludes that the City of San Rafael benefits from the Task Force's drug enforcement efforts, and therefore should rejoin the JPA and contribute funds and personnel to the Task Force. The City has been asked to respond to all of the Grand Jury's findings and recommendations which are set out on pages 7 and 8 of the report. The attached proposed response notes the substantial drug enforcement activities the Police Department provides to the City's residents, businesses and visitors, and points out the lack of statistically meaningful Task Force data that demonstrates how the Task Force's activities impact crime and crime enforcement in San Rafael. Therefore, while there is still debate FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 among members of the City Council on the question of rejoining the Task Force JPA, on the information available to it, the majority of the Council has been unable to justify further cuts to the City's budget that would be required to rejoin the JPA. ACTION REQUIRED: The City is required to respond to the findings and recommendations in the Grand Jury report by action of the City Council within 90 days of the issuance of the report. (Penal Code section 933(c).) To comply with this statute, the City's response to the Grand Jury report must be approved by Resolution of the City Council and submitted to the Presiding Judge of the Marin County Superior Court and the Foreperson of the Grand Jury on or before September 1, 2009. A proposed Resolution is attached that would approve the City's response. FISCAL IMPACT: The City's response to the Grand Jury's report does not commit the City with respect to rejoining the Task Force; therefore it has no fiscal impact. OPTIONS: 1. Adopt resolution and Grand Jury response as presented. 2. Adopt resolution with specific modifications of Grand Jury response. 3. Do not adopt resolution and Grand Jury response, and provide direction to Staff for further revisions of the response. Under this option, a special meeting of the Council will be required prior to September 1 to ensure that the City's response will be timely. /_\W/_Cy:h71:101&-'A 1. Resolution with attached Response 2. Grand Jury Report dated June 3, 2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2008-2009 MARIN COUNTY GRAND JURY REPORT ENTITLED "SAVING MARIN'S MAJOR CRIMES TASK FORCE" WHEREAS, pursuant to Penal Code section 933, a public agency which receives a Grand July Report addressing aspects of the public agency's operations, must comment on the Report's findings and recommendations contained in the Report in writing within ninety (90) days to the Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury; and WHEREAS, Penal Code section 933 specifically requires that the "governing body" of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and WHEREAS, the City Council of the City of San Rafael has received and reviewed the 2008-2009 Marin County Grand Jury Report, dated June 3, 2009, entitled "Saving Marin's Major Crimes Task Force" and has agendized it at this meeting for a response. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby: 1. Approves and authorizes the Mayor to execute, the City of San Rafael's response to the 2008-2009 Marin County Grand Jury Report entitled "Saving Marin's Major Crimes Task Force," a copy of which is attached hereto and incorporated herein. 2. Directs the City Clerk to forward the City's Grand Jury Report response to the Presiding Judge of the Marin County Superior Court and to the Foreperson of the Marin County Grand Jury. I, Esther C. Beime, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 17th day of August, 2009, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ESTHER C. BEIRNE, City Clerk RESPONSE TO GRAND JURY REPORT FORM Report Title: Saving Mariu's Major Crimes Task Force Report Date: June 3, 2009 Response By: City Council of the City of San Rafael Title: Mayor and City Council FINDINGS: • We agree with the findings numbered Fl, F2, F3, F4 (See Attachment A) • We disagree wholly or partially with the findings numbered F5, F6, F7, F8 (See Attachment A) RECOMMENDATIONS: • Recommendations numbered N/A have been implemented. (Attach a summary describing the implemented actions.) • Recommendations numbered N/A have not yet been implemented, but will be implemented in the future. (Attach a timeframe for the implementation.) • Recommendation numbered N/A requires further analysis. • Recommendations numbered Rl, R2, R3 will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) DATED: ATTEST: (See Attachment B) Esther Beirne, City Clerk Number of pages attached: 4 Signed: ALBERT J. BORO, Mayor ATTACHMENT"A" Findings: F2: At first, the Task Force was staffed with investigators supplied by the participating law enforcement agencies. More recently, the staff has come solely from the Sheriff's Office, while funding has come from municipalities and the county. Response: The City agrees with this finding but believes it is somewhat incomplete. While the Task Force staff technically has been comprised of Sheriff's Department employees, the contribution of the City of San Rafael to the County Coordination of Probation Enforcement ("COPE") team should be acknowledged. The COPE team works directly with the Task Force by conducting regular probation checks on serious drug offenders. The COPE team also performs undercover narcotics investigations; complex investigations are referred to the Task Force for further handling. San Rafael provides one of the three members of the COPE team and directly funds the full cost for this officer, with $70,000 of reimbursement funding coming from grant moneys. Therefore, though the City currently is not a member of the Task Force JPA, the City continues to make a substantial contribution to the success of the Task Force. F4: Due to budget constraints, cities are having increasing difficulty funding the Task Force, with San Rafael having withdrawn its financial support and Novato announcing its planned withdrawal. Response: The City agrees with this finding, and notes that the Twin Cities Police Department recently has given notice of its intention to withdraw from the Task Force. F5: The withdrawal of Task Force funding by communities would impede drug enforcement in Marin County. Response: The City believes that this finding is overbroad given the scope of the Grand Jury's report. The City readily acknowledges the value of the Task Force in assisting the Sheriff and local police departments with drug enforcement activities in Marin County, especially for more complicated drug enforcement operations that cross multiple jurisdictions, which the City's Police Department may not have the personnel to handle. However, drug enforcement continues to be a part of the regular operations of the San Rafael Police Department, notwithstanding the activities of the Task Force. The San Rafael Police Department provides active and comprehensive drug enforcement at the "street level" in San Rafael. The Department's Directed Patrol Unit ("DPU") is particularly focused on crimes related to drugs, gangs and prostitution; moreover the Department's Patrol operations also provide drug enforcement. From September 2006 through August 2008, the DPU alone was involved in 92 drug related cases, made 85 total arrests, and seized $48,010 in cash along with drugs such as marijuana, cocaine and methamphetamine. In the calendar years 2007-2008, San Rafael Police Department personnel as a whole conducted a total of 553 drug-related investigations. The drug enforcement efforts of San Rafael and other local agencies, not just the Task Force, must be considered in determining the impact that the loss of the Task Force would have on the overall success of drug enforcement in the County. F6: The Task Force is a much-needed unit that benefits the entire county. Response: The City agrees with the general proposition that the Task Force benefits the entire County. However, the term "much-needed" is a qualitative assessment by the Grand Jury with which the City is not in a position to agree or disagree, given the data provided in the Grand Jury's report or otherwise available to the City. The City's withdrawal from the Task Force in 2003 was prompted by budget cuts that included elimination of six sworn officer positions in the City Police Department. In July 2009, facing a budget deficit of more than $3 million for Fiscal Year 2009-2010, the City reduced its police force by an additional four sworn officer positions, plus a dispatcher and a police business office manager. Concurrent with these reductions in force, the City's police responses have increased. Department records show that in 2003, there were 40,018 calls for service (563 calls for service per sworn officer), of which 11,658 were investigated. In 2008, there were 43,357 calls for service (656 calls for service per sworn officer), of which 10,623 were investigated. In spite of its budgetary challenges, the City's Police Department continues to protect its citizens, businesses and visitors by investigating drug activity at the "street level" that contributes to robberies and burglaries, gang activity, and violence within the City, not to mention providing the many other basic police services required, such as responding to 911 and other calls regarding accidents or crimes in progress, and providing traffic patrol, criminal investigations, emergency response to disasters and other emergencies, homeless encampment regulation and cleanup, neighborhood watch, traffic and crowd control during the downtown Farmers Market, demonstrations, parades, and events, and more. It is against the provision of street level drug enforcement and the other services enumerated above that the San Rafael City Council has had to weigh the benefits of rejoining the Task Force JPA. The City Council and staff have received little indication from City residents or businesses that rejoining the Task Force is a high priority for them. At the same time, the City has received no definitive response from the Task Force to two separate requests for data regarding Task Force arrests and convictions for crimes actually generated in or directly connected with San Rafael. For the City's part then, in the absence of statistically meaningful data from the Task Force, the City has not been persuaded that its residents, businesses and visitors would be better served and protected by the City's use of its limited police enforcement dollars for drug enforcement at the multi -jurisdictional level handled by the Task Force rather than for street level drug enforcement and the other services needed within the City's own boundaries. Accordingly, revisiting this issue in connection with the adoption of the City's 2009-2010 fiscal year budget in July, the Council again decided against rejoining the Task Force JPA. F7: The reduction in the number of sheriff's deputies and the inclusion of investigators from other agencies, as well as the California Highway Patrol would provide a sound solution to the funding issue. Response: The City is not in a position to act on the reduced budget and restructuring recently approved by the JPA Oversight Committee, or to know whether the proposal will provide a sound solution to the continued funding and operation of the Task Force. F8: Since 2003, the City of San Rafael has not financially supported the operation of the Task Force, even though much of the county's drug crime occurs within its jurisdiction. Response: This finding is inaccurate to the extent it fails to acknowledge the City of San Rafael's contribution of an investigator to the COPE team since 1998, and assignment of an auto theft detective from 2004 through 2006. In addition, the City believes that there is insufficient statistically meaningful data available on the crimes occurring in each of Marin's cities and the County to support the conclusory finding that "much of the county's drug crime occurs' within San Rafael. ATTACHMENT"B" Recommendations: R1: The Task Force continue to function as a cohesive unit, with investigators being supplied from the ranks of the Sheriff's Department, the California Highway Patrol, the Novato Police Department, the San Rafael Police Department, and supplemented by the three-member probation enforcement team. R2: The County and all municipalities support the Task Force by funding the joint powers agreement. R3: The City of San Rafael return to its participation in the Task Force. Response to R1, R2 and R3: The City respects and appreciates the efforts and activities of the Task Force. However, the recent economic downturn has required that the City cut more than $3 million from its budget for 2009-2010. Under these circumstances, and considering all the many needs and services to be met with this reduced City budget, the City Council has determined that additional contributions of funds or personnel to the Task Force would be inadvisable at this time. As noted, in the City's responses to the Grand Jury's findings, the City is managing to meet the significant challenge of providing basic police services, including drug enforcement, to its residents, businesses and visitors with a reduced staff; however the inclusion of additional San Rafael employees on the staff of the Task Force at this time is simply not feasible. The City Council's considered conclusion after a thorough analysis of the City's budgetary requirements is that the City's limited law enforcement funds and personnel are needed to provide the street level drug enforcement that is a first line of defense for San Rafael residents, businesses and visitors against the drug- related crimes that affect them. Nonetheless, the City is committed to continued funding and staffing of the COPE officer for the grant period, and this action is reflected in the City's current year budget. In addition, the San Rafael Police Department will continue to provide assistance with Task Force arrests and investigations, execution of search warrants, and other high risk events. The City will continue to look for opportunities to increase its contributions to the work of the Task Force. There continues to be a debate among the members of the City Council on the question of rejoining the Task Force JPA, therefore it is likely that the Council will continue to revisit the issue, especially in view of changes recently proposed to the governing JPA. Ultimately, however, any decision to rejoin the Task Force would need to be evaluated on a cost -benefit basis, and absent the requested data from the Task Force, the City would not have the information needed to make this determination in the future. 2008-2009 MARIN COUNTY CIVIL GRAND JURY Saving Marin's Major Crimes Task Force June 3, 2009 i Marin County Civil Grand jury SUMMARY For more than 30 years, the Marin Major Crimes Task Force has worked as a specialized undercover unit comprised of highly trained investigators who focus on drug-related crimes throughout the county. The Task Force assists local law enforcement agencies in major investigations and arrests. The results of its investigations are impressive. In 2007 and 2008, the Task Force made 119 arrests and seized drugs with a street value of $8.5 million. It confiscated handguns, rifles, shotguns and automatic weapons, along with approximately $451,000 in suspected drug money. Law enforcement officials are convinced that reducing drug traffic in the county also reduces property crimes such as burglaries of homes, stores, cars and schools. They believe about half of these crimes are drug-related. Funding of the Task Force is accomplished through a joint powers agreement between the county and its municipalities, and is supplemented by a share of funds from property seized during drug arrests. When the Grand Jury began looking into the operation of the Task Force in the fall of 2008, there was a distinct possibility that the unit might be disbanded or severely cut in size. The City of Novato was facing a budget crisis and bad decided to withdraw in order to cut costs. San Rafael had withdrawn its support in 2003 for similar reasons. Without funding from the two largest cities in the county, costs for the remaining communities would be prohibitive. In recent years, the Task Force has included six investigators, a field supervisor and a lieutenant, all supplied by the Sheriffs Department. The staffing has been supplemented by an independently funded three-member probation enforcement team that monitors high-risk narcotics offenders who are on probation. That team includes one sheriffs sergeant, one deputy sheriff and a San Rafael police officer. Recently the Sheriff has proposed reducing the number of Task Force members his department contributes. Additionally, Novato has reconsidered its withdrawal from the Task Force and plans to assign a police officer to the unit. Novato's participation is subject to city council approval. The Sheriff proposes to reduce his department's staffing by two investigators and one sergeant. He suggests that the investigators be replaced by one officer supplied by the California Highway Patrol and another by the Novato Police Department. These steps would result in a 9 percent reduction in the current costs for the balance of fiscal year 2009 and a 38 percent reduction in costs for all jurisdictions for the new fiscal year, which begins July 1, 2009. June 3, 2009 Mann County Civil Grand Jury Page 1 of 10 Saving Marin's Major Crimes Task Force Additionally, the City of San Rafael has been crunching the numbers to determine if it could contribute an investigator and financial support to the unit. If it did contribute, the Task Force would require less funding by the other municipalities and the county. In April 2009, the county -wide committee that oversees the Task Force approved the Sheriff's plan, which now needs to be approved by members of the joint powers agreement_ Those approvals should be acted upon before the start of the new fiscal year on July 1, 2009. The Grand Jury recommends that the cities; towns and County of Marin move forward with these proposals to reorganize the Task Force and reduce its cost while maintaining the essential elements of its drug -fighting mission. The San Rafael Chief of Police has told the City Council that he cannot spare an officer for the Task Force and that, if the city were to rejoin the joint powers agreement, its contribution should be purely financial. The Grand Jury believes that the City of San Rafael, by not participating in the Task Force joint powers agreement, is not fulfilling its responsibility in the overall major crime -fighting effort in the county. As it stands now, San Rafael benefits from the efforts of the Task Force without contributing its share. BACKGROUND The Major Crimes Task Force was formed in 1977 at the recommendation of the Marin County Police Chiefs' Association. It was a cooperative effort linking Marin's 11 municipalities and the county in a joint powers agreement to provide a central investigative unit capable of crossing jurisdictional boundaries in the detection, apprehension and prosecution of highly mobile criminals. The Task Force was intended to supplement the efforts of local law enforcement by providing expertise, investigative assistance and the ability to conduct undercover operations. The Task Force works under the direction of an oversight committee comprised of city managers, county officials, police chiefs and an appointed citizen. The committee meets quarterly. Prior to July 1993, officers from the various participating agencies staffed the Task Force. Since then, it has been staffed exclusively by sheriff's personnel. Salaries of Task Force personnel are funded by participating municipalities and the county based on a formula keyed to population and assessed values of property. For example, Novato in 2008 provided $193,849 while Fairfax provided $25,738. The size of the Task Force has fluctuated over time, but typically it has averaged five to six investigators, a sergeant and a lieutenant. Representatives from the California Highway Patrol and federal agencies have been added when needed. June 3, 2009 Marin County Civil Grand Jury Page 2 of 10 Saving Marin's Major Crimes Task Force The focus of the Task Force over the years has evolved to narcotics investigations because, as one Task Force member said, "Drugs are a fundamental part of most criminal behavior, and our quality of life is impacted by drug-related crime." He said that all neighborhoods are affected by the drug trade, adding, "Drug users need money for their habit and frequently will focus on the more affluent neighborhoods to commit burglary, auto theft and robberies." METHODOLOGY The Grand Jury interviewed sheriff s personnel, chiefs of police, mayors and members of the oversight committee. Members of the Grand Jury rode with Task Force investigators to observe their operations. The Grand Jury searched the Internet and local newspapers for articles to track Task Force operations, major cases and arrests, and drew upon the statistical information regarding criminal activity from local law enforcement agencies. DISCUSSION The objectives of the Task Force are to: • Provide investigative assistance to local law enforcement agencies. • Coordinate drug enforcement investigations with local, state and federal agencies. • Reduce drug trafficking by targeting dealers and suppliers. • Detect, apprehend and prosecute individuals involved in major crimes. The missign of the Task Force is to ensure "that the citizens of Marin shall live in a narcotic -free community." Financial contributions from the county and municipalities pay for the operation of the Task Force. Fifty percent comes from the county, and 50 percent from other participating jurisdictions. In fiscal year 2009, the total amounted to $1.2 million, an increase of approximately $100,000 from the previous fiscal year. Some of the operating costs are funded by seized assets of those arrested in drug-related investigations. The Marin Superior Court determines whether seized assets and property can be turned over to the Task Force. State law allows some money and property seized in drug investigations to be turned over to law enforcement agencies for use in crime -fighting activities. Some of the qualifying offenses include possession of narcotics for sale, sales and transport of narcotics and manufacturing of drugs. Monies are distributed only after a conviction for a qualifying offense, and if a judge orders the distribution. Should a case be settled for a non- qualifying charge or if there is no conviction, the assets must be returned. In some years, seized assets were a key aspect of the funding of the Task Force. Generally, however they have been an unreliable source. Forfeiture funds distributed to the Task Force totaled $27,809 in 2006 and $1,011 in 2007. June 3, 2009 Marin County Civil Grand Jury Page 3 of 10 Saving Marin's Major Crimes Task Force The following chart shows how asset forfeiture funds have fluctuated from year to year: * - to date ** Approximately While Marin County has a relatively low crime rate, property crime is a continuing problem. The California Department of Justice reports that in 2006, the latest year for which statistics are available, Marin County had 196 robberies, 1,354 burglaries of homes and businesses, and 822 thefts from motor vehicles. There were 2,575 incidents of petty theft (under $400 value), and 1,199 incidents of grand theft (more than $400 value). Police chiefs interviewed by the Grand Jury estimated that about half of the property crimes were drug-related. Drug use in Marin County According to police, marijuana, cocaine, methamphetamine, heroin and other illicit drugs have been popular in Marin for many years, affecting people of all ages. The Task Force in 2007 and 2008 seized 3;670 marijuana plants and 67 pounds of processed marijuana; 5.25 pounds of methamphetamine; 5,655 tablets of ecstasy; 12.6 pounds of cocaine; 4,499 doses of LSD; 265 tablets of OxyContin; and a small amount of GHB, the date rape drug_ See the Glossary at the end of this report for a brief description of drugs confiscated in Marin. Although most of the Task Force's work is concentrated on low- and mid-level drug dealers, some of the operations have produced very large results. During late 2007 and early 2008, the Task Force was involved in a narcotics case that started in West Marin and ended in the Modesto -Turlock area. That multi jurisdictional investigation yielded more than 100 pounds of methamphetamine, three vehicles, five handguns and $60,000. It resulted in 21 arrests. The street value of 100 pounds of uncut methamphetamine is $4.5 million. June 3, 2009 Marin County Civil Grand Jury Page 4 of 10 Saving Marin's Major Crimes Task Force Arrests of dealers often uncover evidence of other crimes. One investigation ended with the arrest of a Novato couple for street sales of OxyContin. A search of their residence yielded 150 oxycodone pills (the generic form of OxyContin), a quarter pound of marijuana, and $4,000 in cash. The couple's four children were removed from the dwelling by Child Protective Services due to the presence of the drugs. Early this year, the Task Force obtained a search warrant for a condominium in Novato where a known dealer lived. In addition to items listed in the warrant, the officers found computers and other electronic equipment stolen in burglaries from schools and homes throughout the county. A Task Force spokesperson said that during searches related to drug investigations it is not uncommon to recover stolen property, including automobiles and auto parts, as well as evidence of such other crimes as mail theft. In December 2007, the Task Force first encountered a relatively new drug known as Molly, which is a form of ecstasy. This drug, growing in popularity among Marin's young adults, alters one's perception. The Task Force has made six arrests in the county for possession of Molly, which sells for as much as $2,000 per ounce. A sheriff's spokesperson told a reporter that Marin appears to be the focus of the Molly business in the Bay Area. Task Force investigations during 2007 and 2008 resulted in 71 search warrants, 119 arrests, $450,952 in seized cash, and seized drugs with a total value of $8.4 million_ A number of handguns, rifles, shotguns and fully automatic weapons were also seized. A valuable weapon against crime Statistics alone do not show many of the benefits of drug enforcement, such as the impact on property crimes. Frequently when the Task Force serves a search warrant, it finds stolen property and evidence of other crimes. The Grand Jury repeatedly heard that if there were no Task Force, the county would see an increase in property crimes and more narcotics activity, including more open-air sales of drugs. An official from a small police department, who has been in Marin law enforcement for more than 30 years, views the Task Force as an "insurance policy" for his town. From his perspective, the Task Force is essential because his department does not have the staffing to attack major crime. If there were a major investigation to be conducted, he would call on the Task Force. The Task Force also provides educational value to the community. Its members frequently speak about Marin's drug problem at schools, homeowner association meetings, parent/teacher sessions and other forms. Their presentations include displays of confiscated drugs whose appearance is probably unfamiliar to most Marin residents, as well as candid discussions of the ways these substances affect the lives of users, from long-time addicts to young, middle class experimenters. aune a, zuue Marin County Civil Grand Jury Page 5 of 10 Saving Marin's Major Crimes Task Force Efforts to reorganize the Task Force In 2003, San Rafael, the largest city in Marin, opted out of the Task Force, and removed itself from the joint powers agreement. This was done largely because of the rising cost of participating in the Task Force. Novato, facing a $2.2 million deficit in its city budget, decided in early 2009 to follow San Rafael's lead and withdraw from Task Force funding. In an interview with the Grand Jury, a member of the Task Force Oversight Committee said that the economics of the Task Force operation had become untenable and that scaling down the number of officers and returning to a multi -jurisdictional staffing approach might be the best solution to maintaining the unit. He said that without San Rafael and Novato participating, there would be no way the other cities and towns of Marin could pickup the cost. In an effort to maintain the Task Force and make it more affordable for the various jurisdictions, the Sheriff proposed a reduction in the number of his personnel in the unit. At the same time, the California Highway Patrol offered to donate an officer to the Task Force. With this reorganization and the inclusion of a Novato officer would come a 9 percent cost reduction to the municipalities for the remainder of fiscal year 2009 and a 38 percent reduction for the next fiscal year. This led officials in Novato to reconsider participation in the Task Force, by contributing one investigator to the team. In addition to this basic staffing, the Task Force would continue to be augmented by the three-member probation enforcement team. The Grand Jury learned that San Rafael officials had been considering a similar contribution of one investigator. However, the San Rafael police chief told the City Council in April that he could not spare an officer for assignment to the Task Force. If San Rafael were to rejoin the joint powers agreement, its participation should be strictly financial, he said. The Grand Jury believes that the City of San Rafael should see the importance of re- joining the Task Force, since much of the county's drug-related activity occurs in that city. One Task Force member told the Grand Jury that most of Marin's drug activity occurs in the cities of San Rafael and Novato. San Rafael should participate and share the costs involved in fighting drug-related crime. Where is the Task Force headed? On April 13, 2009, the Task Force Oversight Committee adopted a 2009-2010 budget that represents more than a one-third reduction from the current budget. The committee also approved the Sheriff's restructuring plan. In addition, the Novato Police Department has agreed to supply an investigator—subject to approval by the City Council. Novato's cash contribution would be reduced to approximately $39,000. June 3, 2009 Marin County Civil Grand Jury Page 6 of 10 Saving Marin's Major Crimes Task Force The Oversight Committee's recommendation now goes to all participating law enforcement agencies for approval, then to local governmental bodies and the Board of Supervisors for budget approval. Staffing of the 2009-2010 Task Force would include a sheriff's lieutenant, a sheriffs sergeant (who would oversee the Task Force and the probation enforcement team), three sheriffs deputies, one Novato officer and one Highway Patrol officer. The Oversight Committee told the Grand Jury it hopes the City of San Rafael will rejoin the Task Force. That would further reduce the costs to the other governmental bodies. The Task Force appears to be moving forward. The Grand Jury recommends that each community in the county shoulder its share of responsibility, , for the Task Forceboth through staffing and funding. Economic times are difficult; but placing funding of the Task Force high on the priority list is important, since all communities benefit from its investigative services. We recommend that each city and town council, as well as the Board of Supervisors, approve the Sheriff s proposal in order to retain the effectiveness and existence of the Task Force. FINDINGS The Grand Jury finds that: Fl. The Marin Major Crimes Task Force has been in successful operation since 1977, focusing in recent years on drug-related crimes in the county. F2. At first, the Task Force was staffed with investigators supplied by the participating law enforcement agencies. More recently, the staff has come solely from the Sheriff's Office, while funding has come from municipalities and the county. F3. Law enforcement officials believe that half of all property crimes committed in Marin are attributable to the sale and use of drugs. F4. Due to budget constraints, cities are having increasing difficulty. funding the Task Force, with San Rafael having withdrawn its financial support and Novato announcing, its planned withdrawal. F5. The withdrawal of Task Force funding by communities would impede drug enforcement in Marin County. F6. The Task Force is a much-needed unit that benefits the entire county. F7. The reduction in the number of sheriffs deputies and the inclusion of investigators from other agencies, as well as the California Highway Patrol would provide a sound solution to the funding issue. June 3, 2009 Marin County Civil Grand Jury Page 7 of 10 SmAng Marin's Major Crimes Task Force F8. Since 2003, the City of San Rafael has not financially supported the operation of the Task Force, even though much of the county's drug crime occurs within its jurisdiction. RECOMMENDATIONS The Grand Jury recommends that: R1. The Task Force continue to function as a cohesive unit, with investigators being supplied from the ranks of the Sheriff's Department, the California Highway Patrol, the Novato Police Department, the San Rafael Police Department and supplemented by the three-member probation enforcement team. R2. The County and all municipalities support the Task Force by funding the joint powers agreement. R3. The City of San Rafael return to its participation in the Task Force. REQUEST FOR RESPONSES Pursuant to Penal Code 933.05, the Grand Jury requests responses from the following: • The Marin County Board of Supervisors, all cities and towns, and the Sheriff to F1, F2, F3, F4, F5, F6, F7, and RI and R2. • City of San Rafael to all Findings and Recommendations. The governing bodies indicated above should be aware that the.comment or response of the governing body must be conducted in accordance with Penal Code Section 933 (c) and subject to the notice, agenda and open meeting requirements of the Ralph M. Brown Act. California Penal Code Section 933 (c) states that "...the governing body of the public agency shall comment to the presiding judge on the findings and recommendations pertaining to matters under the control of the governing body." Further, the Ralph M. Brown Act requires that any action of a public entity governing board occur at a noticed and agendized public meeting. The Grand Jury invites a response from: • The Marin County Major Crimes Task Force Oversight Committee to all Findings and Recommendations. • The Marin County Chiefs of Police Association to all Findings and Recommendations. June 3, 2009 Marin County Civil Grand Jury Page 8 of 10 Saving Marin's Major Crimes Task Force GLOSSARY This glossary is intended to inform the reader about drugs found in Marin County, as well as the effects the user may experience. Cocaine is a highly addictive central nervous system stimulant extracted from the leaves of the coca plant. In its most common form, cocaine is a whitish crystalline powder that produces feelings of euphoria when ingested. It is also known as "coke," "blow," "C," "flake," "snow" and "toot." It ismostcommonly inhaled through the nose or "snorted," but can be dissolved in water and injected. Crack is a smokable form of cocaine that produces an immediate and more intense high. It comes in off-white chunks or chips called "rocks." Little crumbs of crack are sometimes called "kibble & bits." Crystal Meth is a form of methamphetamine. Crystal Meth is almost instantly addictive. See Methamphetamine. Ecstasy is a hallucinogen and produces stimulant effects like amphetamine. It is also called MDMA and "the feel -good drug." Mostly found in pill form, ecstasy eliminates anxiety and suppresses the need to eat and sleep. GHB (Date Rape Drug) is a degreasing solvent or floor stripper mixed with drain cleaner. GHB is a clear liquid that looks tike water. Large doses can lead to death. Heroin is white or dark brown in color, odorless, and a bitter crystalline compound derived from morphine, and is highly addictive. It is three times as potent as morphine. It is injected intravenously for its fastest effect on the brain. It is a central nervous system depressant and produces a dreamlike state of warmth and well-being. Heroin produces both physiological and psychological addictions. Ketamine is an odorless, tasteless drug that is found in liquid, pill or powder form. It distorts sounds and sensations and makes users feel detached from reality. Sensations range from feelings of floating to being separated from the body, which in some cases have been described as near -death experiences. Khat are leaves from East African trees chewed for their stimulating effects such as euphoria, and can produce mild to moderate psychological dependence. Marijuana is a member of the cannabis sativa family and is also known as Indian hemp. Marijuana is a somewhat weedy plant, and is also called "weed," "pot" and "grass." The narcotic ingredients allegedly have stimulating effects. After smoking, the user often has a feeling of well-being. Excessive amounts of the drug can lead to hallucinations and disorientation. dune s, zuug Marin County Civil Grand Jury Page 9 of 10 Saving Marin's Major Crimes Task Force Methamphetamine is a central nervous system stimulant used both medically and illicitly. It can be taken orally, intranasally (snorting), by injection or by smoking. Effects can include chest pain, changes in vision, fast or irregular heartbeat, and loss of contact with reality. Molly is a form of ecstasy. It is commonly known as a drug that is one molecule shy of ecstasy, and produces altered senses of time, perception and self-esteem. OxyContin is a narcotic (Oxycodone) analgesic used to treat patients who have moderate to severe pain that requires continuous treatment for an extended period of time. It is a central nervous system depressant and must legally be obtained with a physician's prescription. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury ,lune 3, 2009 Marin County Civil Grand Jury Page 10 of 10