COOPERATIVE DRUG ENFORCEMENT Model Policy Effective Date May 1, 1990 Number Subject Cooperative Drug Enforcement Unit Reference Special Instructions Distribution Reevaluation Date April 30, 1991 No. Pages I. PURPOSE The purpose of this policy is to promote a cooperative effort among law enforcement agencies in order to reduce the amount of regional illicit drug-related activity. II. POLICY It is the policy of this law enforcement agency to maximize the effectiveness of its drug enforcement efforts through active participation in the Cooperative Drug Enforcement Unit. This cooperative approach to addressing the region's illicit drug-related problems may result in the following benefits: 1. Establish regional priorities so that a comprehensive, ordered plan of action is developed; 2. Provide local law enforcement agencies with the ability to combine and coordinate their individual resources to more effectively address the regional drug problem; 3. Provide the ability to conduct cross-jurisdictional investigations that would normally have to be terminated when going beyond jurisdictional lines; 4. Establish a regional networking of information and intelligence on drug-related activity; and 5. Provide smaller agencies with an opportunity to participate in narcotics operations and further provide "on-the-job training" to participating officers who may not receive this exposure and expertise in their own agency. III. PROCEDURES A. Formal Agreement Establishing the Cooperative Drug Enforcement Unit 1. The Cooperative Drug Enforcement Unit shall be established by express written agreement. 2. The authorized chief executive officer of each member jurisdiction shall sign and execute the agreement and secure the approval of their governing bodies where required by law. 3. Termination of participation in the Cooperative Drug Enforcement Unit agreement shall take effect as provided for under the terms of that agreement. B. Responsibilities of the Supervisory Board 1. The chief law enforcement executive from each participating jurisdiction shall serve on a Supervisory Board that shall be responsible for the operation and activities of the Cooperative Drug Enforcement Unit. 2. The Supervisory Board shall meet on a regular basis for the purpose of overseeing the operations and activities of the Cooperative Drug Enforcement Unit. 3. Each member of the Supervisory Board shall have an equal vote in the conduct of its business. 4. A commanding officer for the Cooperative Drug Enforcement Unit shall be appointed by, and work under the direction and guidance of, the Supervisory Board and shall serve at its pleasure. The commanding officer shall be an officer from one of the participating law enforcement agencies. 5. The commanding officer shall prepare and submit a monthly and yearly report of unit activities to the Supervisory Board. 6. The Supervisory Board shall annually submit a written report to the chief executive officer or chief elected official of the participating jurisdictions. That report shall contain all information necessary to inform the participating jurisdictions of the activities and accomplishments of the Cooperative Drug Enforcement Unit, providing that all precautions have been taken by the Supervisory Board to maintain security and protect confidential information or sources. 7. All disputes between participating jurisdictions arising from the operations and activities of the Cooperative Drug Enforcement Unit shall be settled by the Supervisory Board. C. Personnel Assignment and Authority 1. Each participating jurisdiction may have one or more law enforcement officers of their agency assigned by the chief law enforcement executive to temporary full-time duty with the Cooperative Drug Enforcement Unit. 2. The number of law enforcement officers assigned to the Cooperative Drug Enforcement Unit from each participating agency shall be determined by the Supervisory Board with the determination based on: a. The size of the jurisdiction and its law enforcement agency; b. The level of unit activity within the jurisdiction; and c. The amount of resources available beyond current enforcement obligations. 3. Any law enforcement officer so assigned shall work under the immediate supervision and direction of the commanding officer and shall adhere to the rules and regulations of the Cooperative Drug Enforcement Unit. 4. For the purposes of indemnification of Cooperative Drug Enforcement Unit personnel and their participating jurisdictions against losses, damages, or liabilities arising out of the activities of the unit, the personnel assigned by any jurisdiction shall be deemed to be continuing under the employment of that jurisdiction and its law enforcement agency. 5. Any sworn officer, while assigned to the Cooperative Drug Enforcement Unit, working under the direction of the commanding officer of the unit, and adhering to the operational procedures of the unit, shall have the same powers, duties, privileges, and immunities as are conferred upon him as a law enforcement officer in his own jurisdiction and in any jurisdiction participating in the Cooperative Drug Enforcement Unit. D. Financial Support 1. Each participating jurisdiction shall be responsible for the full payment of the personnel temporarily assigned to the Cooperative Drug Enforcement Unit. 2. The operations of the Cooperative Drug Enforcement Unit shall be financed by assessments to the participating jurisdictions and shall be based upon a per capita share of necessary operating expenses utilizing the most recent and valid census data. E. Coordination of Asset Forfeitures 1. In asset forfeiture cases, a formal agreement as to the division of functions, responsibilities, and the share of assets shall be reached before the conclusion of the operation. 2. All applications for assets in federal asset forfeiture proceedings shall be submitted within 30 days of the seizure for forfeiture. The application shall contain the following information: a. Identification of the property against which the claim is made; b. Details concerning the requesting agencies' participation, documenting the resources and manpower expended; c. Statement on the intended use of the property; and d. Designation of the proper governmental authority to which disbursements or transfers should be made, and a statement from the appropriate legal officer indicating that the transfer is not prohibited under applicable federal, state, or local statutes. BY ORDER OF _________________________ CHIEF OF POLICE