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HomeMy WebLinkAbout99-108~~ ~ , <<Y ~~~' rh YM tD ~U P EE~V I~OR ~~ ~'1i' Ot= ~~~, STATE Qt= CAL.iI~S~t~t(VtA. ~~~~ Resolution of the Governing Board ~` s°~ufion ~~~~ Office of Criminal Justice Planning -Butte County Marijuana Suppression Unit FY 1999-2002 99-108 WHEREAS the Butte County Board of Supervisors desires to undertake a certain project designated as the Butte County Marijuana Suppression Unit to be funded in part from funds made available through the Marijuana Suppression Program of the Off-ice of Criminal Justice Planning (hereafter referred to as OCJP). The grant award period begins July I , 1999 and continues through June 30, 2002. NOW, 'T'HEREFORE IT BE RESOI,VF D that the Sheriff of the County of Butte is authorized, on its behalf, to submit the attached proposal to OCJP and is authorized to sign and approve on behalf of Butte County Board of Supervisors the attached Grant Award Agreement including any extensions or amendments thereof. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OCJP disclaim responsibility for any such liability. BE IT FURTHER RESOLV ED that grant funds received hereunder should not be used to supplant expenditures controlled by this body. I'I~ IS ALSO AGREED that this award is not subject to local hiring freezes. I hereby certify that the foregoing is a true copy of the Resolution adopted by the Board of Supervisors of the County of Butte in a meeting held on August 10, 1999 by the following vote: Ayes: Supervisors Beeler, Houx, Josiassen, Davis, and Chair Dolan Noes: None Absent: None t ~. ~-__~ Signature, ~ ,.~'~_ ~ Date 08/10/99 t Jane Dolan Typed Name/Ttle Chair, Board of Supervisors _.` ATTEST: 1 Signat~xe .--~~ ,1 ~~~(~ ~~ ~_ ~ ) ~- ~~ r, _ ~ ~ ~~ _..~_ Date 08/ 10/99 ~" Marion Reeve, Typed Name/Title assistant Clerk of the Board O'- CE OF CRIMINAL JUSTICE PLAN! 'G (OCJP A301) GRANT AWARD FA.l~E SEIEET The Office of Criminal Justice Planning, hereafter designated OCJP, hereby makes a grant award of funds to the following Administrative Agency (1) Butte County Sheriff's Office hereafter designated Grantee, in the amount and for the purpose and duration set forth in this grant award. (2} Implementing Agency Name Butte County Sheriff `s Office Contact Sgt. Dave Panchesson Address 33 County Center Drive ;,`~~°~,+'~~1Tu E~L1`1-f Oroville, CA _9 9 Telephone ( 530 } 53 -73 9 w.. ~ a (3} Project Title (60 characters mazimum) Butte County Marijuana Suppression {~t} Project Director (Name, Title, Address, Telephone) {four lines maximum) Scott A. Mackenzie, Sheriff-Coroner Butte County Sheriff's Office 33 County Center Drive Oroville, CA 95965 (530) 538-7389 (5) Financial ©fficer (Name, Tile, Address, Telephone) {four lines maximum) Dave Houser, Auditor/Controller 25 County Center Drive Oroville, CA 95965 (530) 538-7607 (6) Award No. ' ' "~ ~ ~ " "¢ c:a~1T'hi~-C~' Alts ('~ Grant Period 7/1/99 - 6/30/2002 (8) Federal Amount $207,914 (9} State Amount $0 10) Cash Match $0 11) In-Kind Match $0 12) Total Project Cost$207, 914 This grant award consists of this title page, the proposal for the grant which is attached and made a part hereof, and the Assurance of Compliance forms which are being submitted. The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute(s), the Program Guidelines, this Request fur Application (RFA) and the OCJP Grantee Handbook. The grant recipient further agi;.~es to all legal conditions and terms incorporated by reference in the Program Guidelines, this RFA, and the OCJP Grantee Handbook. FOR OCJP USE ONLY (13) Official Authorized to Sign for ' IicantlGrant recipient Item: Chapter: C,~„_...-r-..m..._--... PCA No.: Name: Cott ac enzze Title: Sheriff-Coroner Components No.: Address: 33 County Center Drive Project No.: Orovil]_e, CA 95965 Amount: Telephone: (530) 538-7389 Date: 6129/99 Split Fund: Split Encumber: I hereby certify upon my own personal knowledge that budgeted funds are available for the period Year: and purposes of this expenditure stated above. Fed. Cat. #: Match Requirement: Fiscal Officer, OCJP Date Fund: Program: Region: Executive Director, OCJP Date (Rev. ~/9~) 1 , ~ %Cr~.bilk'ts /""7 ~l~ f f /1/I - .. f 1 \ .~ ,F 1'kFFEKFN(_~F: NC)INT~ t"F:K"I It~1C~ATtU!~ J ~.ti' i~}!~ ~~+rT11~.11 1) i+{!(' 1 V !I!+/ ~7t~+ri'!i~('1~ ~~t' I,ITI' ~.t'tl+(~Ip(7r~'V, T(l OFFICE OF CRIMINAL 1USTIC'E PLANNING F'Rt) R1 C~~irununiry Contact EnterTri:c Zc.~nr Program StiRJFt -"I' PREFERENCE POINTS tcht~k only one hc~xi ~ t5`7~ > The applit:ant narrK.d be]ow has targeted this enterpri_e zone for grant-related activitie'. ~, ~ ~'i~ ~ The appv~ ant Warned beluw has not ~Pecifically targeted chi.. enterprise zone for g.ran--relayed activities. However. the appli~~ant provides needed services to resicient~ of this rommuttity. Applicant Name: 1lutte County Sheri fif' n Uffice Pro~cct Nana: Butte CotuitV Mari Juana .`_+ttl~pre99i~n I7nit .Address: ~-3 Cowzty Center 1)ri.vP, tjr_oville, CA y5965 Pn,gram Zone: t?roville (Butte County) 1 certify that I have reviewed the proposed project and [ha[ it meets the eiiFibility rrquuet7ie~nts far preference points as required by California Goverttn~ent Code SCCtIOIa 7(~?i~. k+~n MVE?r i Prinynr of Enterprise Zone Contact City Acjmiivi 4trator Title r ~ Signat~rc of Ente ri>e Zone Contact Datc C:i. ty +.+f ~ru llc '~.,me ++i EntcrNn>e Zone Agency 1735 Mn„t~,nmery StL"eet, C1r~vi1.7r~, t~A ~5~65 53' ~~ `+3t+-~43? Tcle~~I,++iu~ Nunihcr ~Jffice of Criminal Justice P ~ning Butte County .~rijuana Suppression Unit -Project Narrative - PROBLEM STATEMENT: Butte County is situated in a rural area of approximately 70 miles north of Sacramento. The county is bordered on the west by the Sacramento River flowing through the central valley region, and on the east by the mountainous terrain of the Sierra Mountains with elevations up to 7000 feet. Butte County covers 1,600 squaze miles of land comprising of a large diversity of land ownership. The valley floor ranging from the lower foothills to the Sacramento River is comprised mainly of private ownership with some BLM. and state lands situated along the confines of the Sacramento River. Butte County is widely known for its farming potential to include rice, peaches, prunes, alfalfa, cherries, row crops and corn. The foothills and mountainous areas comprise approximately one-half of the total county. Land holdings are shared by private individuals, cattle ranchers, timber companies, State Parks, Bureau of Land Management and the United States Forest Service. The ethnic groups within the county are, for the most part, situated in and around the cities of Oroville, Chico, and Gridley. The marijuana culture in Butte County has transformed itself from late 70's and early 80's "hippie" culture growing marijuana on a large scale production to the very sophisticated and many times educationally intellect subjects growing small amounts of marijuana keying on quality of the producer versus quantity No single factor seems to be responsible for the illegal cultivation of marijuana in Butte County. Contributing factors, of course, is the availability of remoteness within the foothills and mountainous areas of the county, as well as a normally encountered early spring, long summer and late fall that are conductive to a long growing season. Additional factors would also include the funding availability within the Butte County Sheriffs Office that would allow for pro active enforcement of laws pertaining to mazijuana cultivation. This funding availability seems to be governed by a variety of factors including the local politics and opinions voiced by the Populus which in turn affect the decision making process of the county Board of Supervisors and the Sheriff, as it relates to staffing priorities and expenditures of marijuana Problem Statement - 1 of 5 eradication projects. Added tact include the funding availability otou', ,: res~~urces such as the Bureau of Land Management, the Drug Enforcement Administration, the United States Forest Service, and Campaign Against Marijuana Planting, and grants that are offered by the Office ofCriminal Justice Planning targeting marijuana cultivators. Since the late 70s, marijuana eradication and suppression has been an active ingredient in the overall law enforcement effort against crime conducted by the Butte County Sheriffs Office. The cultivation of marijuana, on a large scale, has been attempted by individuals and by cooperative efforts of multiple subjects, especially those trying to gain a foothold in one geographic region ofthe county. Because the end result of successful marijuana growing efforts result in a lazge scale profit margin for the grower, commercial marijuana cultivation will continue to exist. Marijuana cultivators have found that a growing belt exists within Butte County ranging from the valley floor up to about 5000 feet of elevation. This ideal growing belt for the marijuana cultivator, which is about 40 miles in length, has ideal weather conditions and affords the grower ample remote growing areas that lessens the chance of detection by individuals andlor law enforcement personnel. Nat only does the geographic makeup ofButte County encourage marijuana cultivation, but so does the outlook for potential trafficking in marijuana and its by products. Because of its geographical location within the state, direct access to the north and south is easily accomplished by Highways 99E and 70, and Interstate 5. Two colleges, Chico State University and Butte Junior College, within the county of Butte, also adds another dimension for trafficking and outlets for marijuana cultivators. Because the target of area commercial marijuana cultivators is spread out over a lazge area of Butte County, including the river bottoms and corn fields on the valley floor, only a continuing concentrated attack on the problem will keep commercial marijuana growing at a minimum. As the political wind within the country, state, and county changes in a direction toward more enforcement involving illicit lab operations and organized gang violence, so does available resources and funding. As such, personnel assigned to specifically investigate and target commercial marijuana growers have dwindled since 1994 from three deputies, two extra-help deputies, one sergeant and one lieutenant, down to one deputy and apart-time sergeant. The deputy currently assigned to handle marijuana cases does soon an as is needed basis, as his first Problem Statement - 2 of'S Y,riority duty assignment is patr "the sergeant in charge of the Spec Enforcement Unit, who also investigates marijuana cases when possible, also supervises the mountain patrol detail, the snowmobile detail, the aviation unit, and the boat patrol detail. This (eaves very little time to investigate marijuana cases in the summer months or winter months, when follow-up investigation is crucial. Statistics obtained from the Butte County Interagency Narcotics Task Force (BINTF) operating in Butte County, Chico Police Department, Oroville Police Department, Paradise Police Department, and county wide gang task force indicates that crimes of violence and major crimes of property theft are traced back to a direct or indirect involvement in drugs. Approximately 30% of those reported crimes involve, in same way, the use of marijuana and/or the cultivation of marijuana. Because of the high incidence of illicit lab investigations ongoing within the county, the narcotic's task force reports that cultivation cases are turned over to the Sheriffs Office for follow-up investigation and sales cases involving marijuana are put on the back burner, and rarely if ever, followed up on far investigation. The task force indicates that approximately 11 S cases of reported marijuana usage and sales were not followed up on for further investigation. It is anticipated, that with additional funding, through OCJP, the Butte County Sheriffs Office, in coordination with the District Attorney's Office, will have the necessary manpower needed to actively investigate, conduct follow-up, and prosecute those individuals engaging in the commercial growing of marijuana. This additional funding will allow for a year round investigative unit that will send a pro active law enforcement message out to all those contemplating commercial marijuana growing. The year round funding will also allow for continuous investigations into greenhouse operations that can take months before a search warrant is obtained and arrests are made. The county's process/policy in handling Proposition 215 medical claims is done an a case by case basis. The officer will evaluate the circumstances, contact the doctor to determine the validity of the medical claim by the suspect{s), and then at that time determine if the suspect(s) falls under the guidelines of Prop. 215. The suspect must prove that he is eligible for Prop. 215 and the deputy will make the decision whether or not to pursue criminal charges against the suspect(s). Also, determination is made by type of marijuana plant, number of plants, sophistication of indoor or outdoor grow operation, and knowledge of what suspect is doing as well as statements made. The Plan: Upon receipt offunding from the Office of Criminal Justice Planning, the butte County Sheriff's Problem Statement - ~ of 5 Office will initiate a focused th pronb approach to commercial mari_ .la cultivation on private and public lands in Butte County. "['his three pronged approach will be a comprehensive pro active plan to Locate, Eradicate, and Educate. During the Locate part of the plan, the Butte County Sheriff s Office has at its disposal, the utilization of two helicopters and one fixed-wing aircraft dedicated to marijuana suppression activities during the growing season. Preseason overflights will begin in early May, weather permitting, in an attempt to locate areas of possible growing sites. Aerial observers will be along to look for such things as areas cleared out in thick vegetationlbrush, PVC water lines, camping sites, and support materials such as bags of fertilizers, tools, and motorized equipment. Aerial observation of those items can sometimes be readily viewed from the air during that time period as large stands of oak forest have yet to leaf out. The Sheriff's Office intends to fly at least fifty (50) hours in the helicopters from May 1 to June 15 in support of the eazly aerial detection program. It is projected that 15 to 20 possible garden sites will be pinpointed far further investigation. During the Eradication portion of the plan, the Sheriff s Office will combine locate, eradicate, and arrest into one complete function. This portion of the plan will begin on June 15 and run through September or October, weather permitting. The Sheriff will utilize all available resources during this time period to include agents of the United States Forest Service, Bureau of Land Management, Drug Enforcement Administration, and Campaign Against Marijuana Planting personnel, as well as National Guard resources, and of course, local law enforcement assistance as much as possible. The Sheriff's Office will fly approximately 150 hours in the county owned aircraft to stakeout and pinpoint possible marijuana growing sites, either through routine overflights or in response to a report from an outside sources. Upon locating a marijuana growing site, a determination will be made to either stakeout and arrest, or just eradicate. This will be dependant upon a multitude of factors such as garden size, plant size, number of plants, grower history, organized crime affiliations, etc. However, it will be the policy of the Sheriff s Office to let the public lands authorities (USFS, BLM) determine haw the case will be handled from start to finish gardens located on public land regardless of the size and/or number of plants. If it has been determined that an arrest is to be made, the Sheriff's Office in conjunction with the District Attorney's Office will spearhead a major investigation into the alleged suspects and target all of their illegally obtained Problem Statement - 4 of~ ~ assets for seizure. On cases inve lg public lands, the Sheriffs Office wi ~t as a support agency offering any assistance required during the investigatiun including any necessary folluw-up. After the major part of the eradication and suppression plan is over in late September and eazly October, the Sheriff's Office intends to embark on conducting post season overflights over suspected marijuana growing areas. As the oak forests and other trees loose their foliage in early fall, the Sheriffs Office will spend at least fifty (50) hours of flight time looking for signs of possible gardens that were missed during the summer months. Suspected gardens iacated will then be recanned on the ground and pinpointed for inspection and follow-up during the fallowing summer programs. As during the summer months, the winter months will also focus on not only follow-up investigation but the pro active involvement in locating indoor marijuana growing sites. The Educate part of the program will be focused on educating the public as to the illegalities of growing commercial marijuana gardens for sale and distribution. This will be a year round effort utilizing not only the Sheriff's Office resources such as crime prevention officer, DARE officers, gang related violence officers but also by printing out leaflets designed by the Sheriff's Office and printed out on the newly acquired Epson color printer (17" x 22"). The education portion of the program will focus not only on the illegalities of marijuana growing but also how to recognize a cultivation site and how and where to report it, With the assistance of the two DARE officers assigned to the Butte County Sheriff's Office, and DARE officer assigned to the Chico Police Department, Oroville Police Department, Paradise Police Department, Gridley Police Department, a lower grade school level anti-marijuana cultivation and use program will be developed for distribution to the local schools in the county. This program will also be developed and coordinated with the District Attorney's Office to outline the effects and after effects of being prosecuted for commercial marijuana cultivation. Problem Statement - 5 of 5 PROGRAM OBJECTIVES L,AW ENFORCEMENT COMPONENT OBJECTIVE LE-1: Suppress marijuana cultivation though a comprehensive detection and eradication e l~fo rt. Butte County currently owns and operates two helicopters and one fixed wing aircraft, which during the months are dedicated to the marijuana program which includes detection and eradication. These aircraft are also made available to neighboring counties (Piumas, Colusa, Yuba, and Tehama) during the summer months. With anticipated funding from OCJP, the aircraft will be available for early detection flights in the spring to continue throughout the summer and into the fall months with qualified observers on board. The sergeant in charge of the unit will coordinate daily with USFS and BLM representatives in the county to address planned overflights and infestations of commercial marijuana growing on public lands. One of the county's owned aircraft is an OAS carded aircraft with two Butte County pilots carded with OAS. The sergeant in charge will also coordinate large scale potential operations with DEA in the event Federal prosecution is the desirable format to follow. The sergeant is chazge will additionally make continuous contact with CAMP officials and the local narcotics task force in the event additional assistance is required. It is anticipated that approximately 300 hours of overflight reconnaissance will be dedicated for aerial detection by helicopter. Reports and tips received on the location of marij uana sites will be targeted for first priority flights, with routine overflight of historical marijuana growing hot spots given a second prioritye It is further believed that with utilization of our aircraft in Butte County as well as the neighboring counties, it will allow far CAMP aircraft and personnel to concentrate their efforts in other counties and areas having the need. PROJECTED NUMBER 1. Indoor marijuana cultivation sites eradicated 2. Indoor marijuana cultivation sites detected 5 3. Outdoor marijuana cultivation sites detected 60 4. Outdoor marijuana cultivation sites eradicated ~S 5. Marijuana plants confiscated 12,000 6. Processed marijuana in pounds confiscated 50 pounds °ROCRAM OBJECTIVES LAW ENFORCEMENT COMPONENT OBJECTIVE LE-2: Investigate marijuana cultivation and trafficking organizations. As reports and tips come into the marijuana unit, they will be processed for initial follow-up and investigation. The deputy assigned to the unit will assign an incident number to the case and determine how to proceed, i.e., ground reconnaissance, helicopter overflight, fixed-wing overflight, etc. If in fact a ground or aerial reconnaissance indicated the presence of growing marijuana, a search warrant, if applicable will be obtained for the District Attorney's Office. Upon service of the warrant or a raid involving no warrant, the District Attorney Investigator assigned to the unit will assist in the collection of evidence and be in charge of the follow-up investigation to include coordination with the District Attorney Investigator assigned to the asset seizure unit and the prosecutor assigned to handle the case through the court process. In the event that case originated in or included public lands, national forest or BLM, the deputy assigned to the case will coordinate activities with USFS andJor BLM special agents in conducting necessary follow-up investigation requested by the US Attorney's Office. In all cases investigated by the unit for potential prosecution will be reviewed by the sergeant in charge for the initial referral to the District Attorney's Office for prosecution and asset seizure proceedings. PROJECTED NUMBER 1. Investigations initiated for marijuana cultivation 40 and trafficking 2. Investigations resulting in arrests 40 3. Search warrants served 2p 4. Total arrests jp 5. Referrals to prosecution 50 PROGRAM OBJECTIVES LAW ENFORCEMENT COMPONENT OBJECTIVE GE-3: Seize, for forfeiture proceedings, assets of marijuana cultivators and traffickers. The District Attorney Investigator assigned to the unit will coordinate and conduct any asset seizure investigations initiated by the unit. The District Attorney's Office currently utilizes one of their investigators full-time to coordinate such activities with their assigned local prosecutor and/or with federal prosecutors. The District Attorney Investigator assigned to the unit will spearhead the asset seizure investigations initiated by the unit and conduct any required or requested follow-up investigation. This will also include disposition of seized property as well as storage prior to and during court proceedings. 1. Investigations resulting in asset seizures 2. Estimated dollar value of real property PROJECTED NUMBER 10 $0,000 3. Estimated dollar value of personal property seized $1009000 4. Amount of cash seized $50,000 PROGRAM OBJECTIVES LAW ENFORCEMENT COMPONENT OBJECTIVE LE-4: Improve the quality of marijuana investigation and eradication efforts. The Butte County Sheriffs Office has always been active in any training put on by CAMP, DEA, and BLM. As it related to marijuana overflight reconnaissance schools, CAMP-sponsored training for C-RATS, and regulaz employees as well as training conducted by BLM in short-haul helicopter operations. In addition to the above listed t raining attended by Butte County Sheriff s Office personnel, in-house training conducted each yeaz with prosecutors from the district attorney's office prior to the growing season update's investigators on new applicable laws pertaining to search warrants and overflight restrictions, if any. Prosecutors, at that time, also have the opportunity to personally interact with the investigators to outline facts and evidence needed to successfully prosecute a case. This would include such things as overflight case law, video taping requirements during evidence collection, proper evidence marking, evidence collection and storage, interviews of witnesses fingerprinting techniques, stakeout procedures, utilizing cameras on stakeouts, etc. PROGRAM OBJECTIVES LAW ENFORCEMENT COMPONENT OBJECTIVE LE-5: Provide information to the public to prevent the illegal use of marijuana. (OPTIONAL) Realizing the importance of the well-rounded program to suppress marijuana use and commercial cultivation, the Butte County Sheriffs Office each designs, prints, and distributes leaflet material aimed at educating the public on illegal uselcultivation of marijuana. As the leaflets are quite expensive to design and print, the Butte County Sheriffs Office recently purchased a new Epsan color printer, 1440 DPI, that prints material on 17" by 22" paper. Upon receipt of the new printer, the marijuana unit will now be able to computer design and print, at a minimum of cost, all the needed leaflets and educational materials to educate the public in general and school aged children as well. The marijuana unit will need regularly with the Sheriffs Office full-time crime prevention officer in an effort to interject into her program the harmful effects and illegality of the use, sales and cultivation of marijuana. This will be accomplished by a member of the marijuana unit acting as guest speaker at crime prevention functions and the distribution of handout materials. Additionally, a member of the marijuana unit will coordinate activities with the current deputies one north county and one south county) assigned to the DARE program in becoming a guest speaker with the local schools discussing the harmful effects of the use of marijuana as well as the illegality of use, sale, and the cultivation of marijuana. PROJECTED NUMBER 1. Educational forums' presented (clubs, schools, fairs, 25 utility companies, etc.) PROGRAM OBJECTIVES PROSECUTION COMPONENT OBJECTIVE DA-l: [ncrease the conviction rate of felony marijuana cultivators and traffickers. Al] cases involving marijuanacultivationand trafficking are to be submitted to the District Attorney's Office for review by a specialized Narcotics Deputy District Attorney. That Deputy reviews the investigative reports and files the appropriate criminal charges, along with any enhancements, bail increases, etc. All marijuana cultivation and trafficking cases are filed as felonies. It is projected by the District Attorney's Office that an increase in the felony conviction rate will become apparent after the first year of operation. This will be the direct result of the added enforcement effort by the newly funded OCJP marijuana unit which will increase the enforcement effort from one part-time deputy to two full-time officers and two part-time officers. With the additional projected in-house training between the Sheriffs Office and the District Attorney's Office, the investigated cases resulting in search warrant service andlor arrests will produce a higher percentage of guilty pleas and conviction rates of those going to trial. As a District Attorney Investigator is an included component of the grant application, one of his a assignments will be to track the marijuana cases from the initial contact at the investigation level up to and including the final disposition. The District Attorney Investigator assigned to the unit will be in constant contact with the District Attorney Forfeiture Investigator and the prosecutor assigned to handle the referred marijuana case for prosecution. Tracking files will be maintained with the marijuana unit and open for review by the District Attorney andlor a member of his staff. A notice of final disposition on all referred cases will be kept on file at the marijuana unit and a copy sent to the District Attorney. PROJECTED NUMBER 1. Cultivators and traffickers referred for prosecution 40 2. Complaints filed 40 3. Prosecutions resulting in conviction's 35 'ROGRAIYI OBJECTIVES PROSECUTION COMPONENT UKJE(r"GIVE UA-Z: Provide specialized services to law enforcement personnel to improve the quantity of marijuana prosecution efforts. Law enforcement officers assigned to the marijuana unit will meet with the District Attorney Asset Forfeiture Investigator and the Deputy District Attorney assigned to handle these cases prior to July 1, 1999. During the meeting, the District Attorney's staff will update those assigned to the unit as to any new and updated case law involving indoor and outdoor mazijuana cases. The District Attorney's Office will carefully outline, during this meeting, the facts and evidence needed to successfully prosecute marijuana cultivation cases. During the summer months and throughout the project year, any updates and newly instituted case law will be forwarded as applicable to the marijuana unit far review. It is further anticipated that during the course of the year, Deputy District Attorney's assigned to handle marijuana cases will go along on at least one marijuana cultivation raid and seizure. This gives the Deputy District Attorney insight into the problems confronting law enforcement officers during seizure of evidence related to marijuana gazdens. This in turn will give the Deputy District Attorney an opportunity to review these procedures and make recommendations to law enforcement officers for future cases resulting in more guilty please and higher prosecution rates. The District Attorney's Office, in coordination with the marijuana, will have a post season meeting sometime in November to analyze and critique all cases that have been submitted for prosecution during the previous summer. This will assist both parties in determining what needs to be done to strengthen cases referred for prosecution. The District Attorney's Office will provide on-scene legal assistance in complex cases involving large amounts of property being seized and where the presence of highly developed organized trafficking appears evident. This may result in assistance of writing and advising on additional search warrants, if applicable. PROJECTED NUMBER 1. Coordination meetings 2 2. On-scene legal assistance *As Needed PROGRAM OBJECTIVES PROSECUTION COMPONENT OBJECTIVE DA-3: Forfeit the assets of marijuana cultivators and traffickers. The DA's office currently has one investigator assigned to handle and coordinate asset forfeiture cases that are referred by local law enforcement agencies including the locally based narcotic's task force (BINTF). Upon implementation of a marijuana unit, specifically dedicated to arresting and convicting marijuana cultivators with a DA investigator included as a major component, asset forfeiture cases referred to the DA's office will be on the increase. On all marijuana cultivation cases involving potential asset forfeiture proceedings, the DA investigator assigned to the unit will notify one of the deputy DA's assigned to handle marijuana cases of potential assets that may be forfeited. The deputy DA at this time will give any advice and direction, if needed, and will be available for on-site legal advice, if requested. This procedure will help ensure that proper procedural steps are taken to enhance the prosecution efforts and eventual asset forfeiture of the subjects property. One the case has been referred for prosecution and asset forfeiture proceedings, the DA investigator currently assigned to the asset forfeiture unit will handle the case until disposition is concluded. PROGRAM OBJECTIVES PROSECUTION COMPONENT OBJECTIVE DA-4: Improve the prosecution of marijuana cases through specialized training. At the current time, there is no ongoing training program that specializes in prosecution of marijuana cultivation related cases. Cases are handled on a one to one basis with the law enforcement officers involved. In implementing the OCJP-funded unit, preseason and post season meetings between the marijuana unit and Deputy District Attorney's assigned to handle marijuana cultivation cases will be scheduled. Training seminazs and classes conducted by POST and DEA targeted for the prosecution element will be attended by the District Attorney's staff if applicable. Any case updates for newly instituted case law coming to the District Attorney's attention will be forwazded to the marijuana unit for review. PROJECTED ATLTMBER 1. Training hours received 24 2. Training provided to share information with others 2 (sessions} (cross-training) PROGRAM OBJECTIVES PROSECUTION COMPONENT OBJECTIVE DA-5: Provide information to the public to prevent illegal use for marijuana (OPTIONAL) As Butte County Sheriffs Office will be the lead agency, information provided to the public to prevent illegal use of marijuana, will be handled by the marijuana unit. However, in an effort to show support and coordination with the prevention program, DA's office when requested will attend prevention forums with members of the marijuana to answer questions and provide insight to the prosecutions view when handling marijuana cultivation cases. PROJECTED ~1LJlvIBER Prevention forums conducted in conjunction with Z law enforcement BUDGET NARRAT[VE Butte County Marijuana Suppression Unit With funding received from OCJP, two project officers and additional extra-help personnel will be assigned to initiate investigations and follow through to the end, cases involving both indoor and outdoor marijuana cultivation. The deputy sheriff position, 100% OCJP funded, will be assigned to initiate investigations and conduct the follow-up investigation necessary far the filing of complaints. The project deputy will coordinate, at the base level, investigations involving those on public lands with federal agents. The project deputy will be the infield supervisor to extra-help personnel assigned to assist in the investigations. The project deputy, who has received training in aerial observation, will coordinate requests from the aviation unit for aircraft usage. Once the complaint has been filed, the project deputy will then assist the project investigator in additional requested fallow-up on cases and asset forfeiture investigations. The District Attorney Investigator position, 100°l° OCJP funded, will be assigned to follow-up and any additional investigation requested once the complaint has been filed. The project investigator will assist the project deputy during the initial phase of the investigation with emphasis on coordinating such activity with the Deputy District Attorney assigned to handle such cases and with the District Attorney Investigator assigned to asset forfeitures. Both the project deputy and the project investigator will have a hand in the entire investigation from start to finish. During the winter months, the focus will be on indoor growing operations and composition of materials and coordinating efforts with informational and educational programs. The supervising sergeant, acounty-funded position, will directly supervise the unit to ascertain that the unit is making an effort to complete the goals and objectives herein. It is anticipated that the supervising sergeant will spend approximately 50% of his time in the off-season and 70% of his time during the summer months coordinating activities of the unit. The supervising sergeant will coordinate and handle outside agency requests with the USFS, BLM, DEA, National Guard, CAMP, etc. The supervising sergeant will also supervise the clerical staff assigned to the unit to ascertain that the necessary, quarterly reports and stats required by OCJP are adhered to in a timely manner. The secretary currently assigned to the Special Enforcement Unit will compile stars and file information necessary for OCJP compliance. The secretary is currently funded by the county and will spend approximately 50% of her time on OCJP-FUNDED activities. Budget Narrative -Page 1 of 2 Extra-help reserve deputy sheriff we) [ or Level [[,assigned to assist the eject ofticers during the course ofthe grant year will do so as needed. Assistance may be required on stakeout operations, the investigation phase, follow-up investigation, logging and tagging evidence, ground reconnaissance missions, etc. These extra help positions will be grant-funded and paid on an hourly basis. Both the asset forfeiture investigator assigned to the District Attorney's Office and the Deputy District Attorney assigned to handle marijuana cultivation cases are county-funded p positions and will allocate whatever percentage of their time is needed to handle cases generated by the marijuana suppression unit. As a necessary ingredient to a successful operation involving commercial marijuana cultivation, the marijuana unit will have at its disposal, two county owned and operated helicopters and one fixed-wing aircraft. The pilots of the aircraft are county-funded positions as well as funding needed to operate the aircraft which runs at approximately $300 per flight hour, minus fuel costs. Funding obtained from the USFS and DEA will also be utilized in a large part to offset aircraft operating costs while on marijuana missions. The utilization of county owned aircraft also alleviates the need for utilization of a CAMP aircraft and National Guard aircraft thereby allowing those counties nat awning aircraft, more available flight time. Aircraft funding requests from the OCJP grant will cover the cost of fuel fro both the fixed-wing and helicopters during marijuana cultivation related overflights. Budget Narrative -Page 2 of 2 OCJI' • Butte County Marijuana Suppression unit Budget Line Items DEPUTY SHERIFF A. Personnel Costs ;~ ~~~~~ 100°fo X 26 (PAID BY-WEEKLY) Plus BENEFITS ~ $8,533 Assigned to initiate the marijuana cultivation investigations, coordinate aerial overflights, coordinate stakeouts, arrests, and apprehensions, assist the DA investigator in follow-ups, asset seizures and forfeitures. Will coordinate public awareness programs, news media releases, information and integrated school programs during the winter months. Will supervise extra-help personnel employed during the summer months who will assist in the investigations. DISTRICT ATTORNEY INVESTIGATOR Sfax„108 100%X26 (PA.iD BY-WEEKLY) Plus BENEFITS Assigned to assist Deputy Sheriff in initial investigation of marijuana cases up to the filing of complaints, the district attorney investigator will then conduct follow-up investigations necessary for prosecution and maintain direct coordination with the district attorney assigned to teach case as well as the district attorney asset seizure and forfeiture investigator. The DA investigator will be n charge of the asset forfeiture investigations with the deputy sheriff assisting. Will assist the deputy sheriff in the public awareness programs, news media releases, informational information and school programs during the winter months. OVERTIME -DEPUTY SHERIFF $6,3b2 200 HOURS X 531.81 per hour OVERTIME -DISTRICT ATTORNEY INVESTIGATOR $6,510 200 HOURS X $32.55 Approximately 400 hours of overtime during the course of the year will be utilized by the project officers assigned to the grant in conducting stakeouts and surveillance operations an commercial marijuana cultivators of both indoor and outdoor operations. EXTRA HELP DEPUTY SHERIFF $14,.400 960 HOURS X 515 Level I and Level II extra help deputies will be.utilized throughout the course of the year to assist in stakeouts and surveillance operations, collection of evidence, helibase operations and fuel truck drives for the aircraft on operations, tagging and disposal of seizure plants pursuant to Health &Safety regulations assisting in asset seizwes, and any other jobs as required or needed to be completed by the deputy sheriffor district attorney investigator. Total 5~~?1,~I3 OCJP-A303a(rev.?197) _~- OCJ Butte County Marijuana Suppressio nit Budget Line Items Budget Category and Line Item Detail Costs .~ ama~ B. Operating Expenses Maintenance of two four-wheel drive vehicles assigned to the unit project $20,000 - officers, including fuel and oil (a~ $.50 per mile. Total estimated mileage for two vehicles estimated at 40,000 miles -Two vehicles @ 40,000 miles x $.50 Purchase of small tools and equipment such as batteries, axes, goggles, $1,000 machetes, saws, sling cables, nets, etc. Purchase of office supplies, stationary, maps, CD's, charts, cassettes, video $1,000 tapes, 35mm film, development costs, ink cartridges, etc. Includes materials needed to develop information leaflets and posters utilizing the Sheriff's Office Epson 17" x 22" printer. Purchase of materials utilized by the DARE officers and crime prevention $1,000 officer to promote drug awareness and the illegalities of marijuana cultivation. One mandatory OCJP grant administration training conference $1,500 Purchase of aviation gasoline in support of the Sheriff's Cessna 182 fixed- $1,320 y~ wing aircraft which will fly an estimated SO flight hours during the overflights, surveillance and photo missions. (50 x 12 gallons per hour @ $2.20 per gallon) Purchase of Jet A fuel for county owned helicopter for overflight operations $15,750 ~~ for approximately 300 flight hours during the course of the year. (300 x 25 gallons per hour @ $2.10 per gallon) Indirect Costs/administrative overhead (10% of personnel salaries) $5,000 Grant Audit (1 % of total grant costs) $2,131 Total Operating Expenses $48,701 OCJP-A303b (Rev. 7/97} - - O~ -Butte County Marijuana Suppressi Unit Budget Line Items Budget Category and Line [tem Detail Costs C. Equipment Two laptop computers utilized by the project officers in preparing search $,3000 warrants in the field, logging of on-site evidence, report writing and on-site mapping capabilities, plus a multitude of uses enhancing the operational capabilities of the unit as a whole. One Sony digital single chip video camera (20~ for use in surveillance $3,500 a ~~ operations, logging of evidence, on-site video interviews of suspects, etc. This particular TV quality handheld video camera would also be utilized in the making and producing of two video tapes. One on short haul operations using the helicopter and one on quality aerial photography of marijuana gardens to be utilized in schools to educate aerial observers on what to look for when on overflights missions, One Digital 35 mm camera for photographing evidence and being able to load $800 the pictures directly into the computer for use at a later date in court, etc. Category Total $7,300 Project Total $207,914 Fund Distribution Federal State Cash Match In-Kind Match 1. Amount of Funds $207,914 $0 $0 $0 2. Percentage of Funds 100% p 0 0 OCJP-A303c (rev. 7/97) Organizational Description The Butte County Sheriff s Office will be the lead agency spearheading the Marijuana Suppression C1nit in direct coordination with the Butte County District Attorney's office. The Butte County Sheriffs Office employs approximately 103 sworn personnel with newly elected Scott Mackenzie as the Sheriff. The Sheriffs Office, under the new administration, is staffed with the Sheriff, an Undersheriff, and two Captains. One Captain will be in chazge of the Jail Division and the other Captain will be in charge of the Operations Division. The Undersheriff will be in chazge of the Administration Division. The Operations Division, staffed by a Captain and three lieutenants, takes care of three substations within the county and the investigations unit. The lieutenant in chazge of the investigations unit also supervises the Special Enforcement Unit, which is supervised by a sergeant, The sergeant in command of the Special Enforcement Unit oversees and supervises the boat patrol program, the snowmobile, program, and the marijuana eradication program. Whereas the marijuana program once consisted of three full-time deputy sheriffs now only apart-time patrol deputy attempts to handle marijuana cases with some extra-help assistance during the summer monthso If funded through OCJP, the Marijuana Suppression Unit would be assigned to work out of the Sheriffs Office under the direction and supervision of the sergeant in charge of the Special Enforcement Unite The sergeant in charge of the Special Enforcement Unit, along with the secretary already assigned to t hat unit are currently county-funded positions. If funded, the Deputy Sheriff and the District Attorney Investigator assigned to the unit on afull-time basis, would become grant- funded positions. The Sergeant in charge of the unit will be assigned to handle the administrative responsibilities on a day-to-day basis to include progress reports, grant award changes, data collection, etc. As well as coordinating the overall investigative efforts of the unit, the Sergeant in Organizational Description -Page 1 of 1 t--_.GAN[ZATtONAL DESCR[PT[OlV charge would also coordinate any investigative assistance needed from outside agencies such as tl~e USFS, BLM, DEA, CAMP, and the National Guard, etc. The Deputy Sheriffassigned to the unit will spearhead and conduct initial investigations into marijuana growing sites and coordinate with the sheriff's office aviation unit, helicopter and fixed- wing overflights of suspected gardens. The deputy sheriff assigned to the unit will also support and assist outside agencies in their investigative efforts as it pertains to marijuana cultivation cases within Butte County. The deputy sheriff will also coordinate the educational components with the crime prevention officer and DARE officers within the county during the off season months. This also applies to the leaflets and poster development and distribution. The DA investigator assigned to the unit will also maintain his office at the sheriff's office and be under the direct supervision of the sergeant in chart of the Special Enforcement Unit. The DA investigator assigned to the unit will assist the deputy sheriff in developing marijuana cultivation cases with his focus of attention being directed at completing any necessary fallow-up investigation. as requested by the DA's office once the complaint is filed. The DA Investigator will additionally handle and coordinate and handle with the DA's office any asset seizure cases developed as a result of marijuana cultivation cases. During the off season months, the DA investigator will assist the deputy sheriff assigned to the unit in pro active indoor marijuana cultivation cases as well as meeting the needs of the educational components describe herein. The secretary assigned to the unit, is a county funded position, and will be assigned duties by the sergeant in charge of the unit to type reports, file cases, keep and record stats, type progress reports and any other needed documents as required by OCJP. Organizational Description -Page 2 of 2 BUTTE COUNTY MARIJUANA SUPPRESSION UNUT 1 x/20 ,7'~.T Lei r1 e`C ~-O t2 Iy'urTL~' Go u~,r T~,l 5 N-t~2 t F ~ r~t'~I ~vx~ ¢s J'Sr-S~ D E~4~ 8 Lr'rt ST'y9TL~ 19C-~E7~..~c i ES .:~rn~, SN~y IV. B• SEC2t ?7987 ~ ~ PVT`f s H'~Z~F r ~. cxrxzA - µ ~.~ IJE'PvZ-~{ e `~~~~~t-~ ~ ~ ~ Doiq~ ~i..iv~sr '~f'' ~A,S1vV'~vsrl~~ ~Tl2A - H C-L,n © t/P~TY ~ ~ET~.io i t5 ~ 2P~ r.,-t ~'v t~.,, lit. D ~?os i ~? ®ro~ ,S WORKING RELATIONSHIP With funding received from OCJP to establish a marijuana suppression unit comprising a deputy sheriff and DA investigator, the cohesive and inter-working relationships between the two distinct law enforcement agencies will solidify into one investigative unit. This will form a smooth flow of communication and investigative efforts between the tow agencies as if they were one. This will breakdown the stop gap barrier of when and where does the sheriffs office investigative efforts stop in a particular case and DA's office investigative efforts start. As each case is developed, the deputy sheriff assigned to the unit will initiate the investigation with the DA investigator assigned to the unit assisting. When an arrest is made and complaints filed, the DA investigator assigned to the unit will then become the lead investigative officer with the deputy sheriff assisting. As such, both members of the unit from two distinct agencies will be involved in the case from start to finish. As both members of the unit will be in constant daily contact with each other throughout the investigation, the problems and solutions to problems confronted during case investigations will be more easily solved and addressed. PROJECT CONTACT INFORMATION Applicant: BITITE COUNTY SHERIFF'S OFFICE Implementing Agency (if applicable): SAME ~ ~~-ICANT Project Title: BUTE COUNTY MARIJUANA SUPPRESSION UNIT Grant Number (ta be added by OCJP): Provide the name, title, address, telephone number, and a-mail address for the project contact persons named below. If a section does not apply to your project, enter "N/A." 1. The person having day-today operational responsibility for the project: Name: Dave Panchesson Title: Sheriff's Sergeant Address:33 County Center Drive, Oroville CA Telephone # (530) 538-73$9 Pager # (530) 571-6523 g~ # {530) 538-7047 E-Mail Address: buttemsp@yahoo.com 2. The person having day-today responsibility (project manager), if different than #I: Name: Same as above Title: Address: Telephone # Pager # Fax # E-Mail Address: 3. 'The Chief Executive Officer (e.g., sheriff, chief of police) of the implementing agency: Name: Scott A. Mackenzie Title: Sheriff Address:33 County Center Drive, Oroville CA 95965 Telephone # (530} 538-6759 Pager # N/A :Fax # (S30) '~$~--2099 E-Mail Address: N/A 4. The chair of the governing body of the implementing agency: (Provide address and telephone number other than that of the implementing agency.) Name: Jane Dolan Title: Chair Addr.ess:196 Memorial Why, Chico, CA Telephone # {530) 891-2830 Pager # N/A Fax # (530) ~4~:~:19~~4 E-Mail Address: N/A 5. The Deputy District Attorney assigned to the project from the District Attorney's Office: Name: Kevin Sorenson Title: District Attorney Investigator Addr.ess:33 County Center Drive, Oroville, CA 95965 Telephone # (530) 538-7389 pager # (530) 571-42$6 p~ # (530) 533-`7047 E-Mail Address: N/A CERTIFICATION OF ASSURANCE OF COMPLIANCE INSTRUCTIONS All applicants must submit the Certification of Assurance of Compliance with the Grant Award Forms Package. By signing the Grant Award Face Sheet and the Certification of Assurance of` Compliance (OCJP 656, Rev. 7/97), and submitting the Grant Award Farms Package to OCJP, the applicant acknowledges awareness of and the responsibility to comply with all specified state and federal requirements. 1. Equal Employment Opportunity a. General EEO Rules and Reputations 1) California Fair Employment and Housing Act HA, and its Implementing Regulations California Administrative Code. Title 2, Division 4. Fair Employment and Housing Commission The FEHA declares it illegal in California to discriminate against anyone i~-r~. employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition (cancer related), marital status, sex ar age (over 40). The objectives of the FEHA and these regulations are to promote equal employment opportunity and to assist all persons in understanding their rights, duties and obligations, so as to facilitate achievement of voluntary compliance with the law. 2) California Government Cade Article 9.5 Sections 11135-11139 5 and its Implementing Regulations California Administrative Code Title 22, Sections 98000-98413; Title VI of the Civil Rights Act of 1964 These sections mandate comprehensive state and federal civil rights regulations prohibiting discrimination or denial of benefits to persons who are under programs or activities receiving financial assistance from the State of California or the federal government. 3) Title V, Section 504 of the Rehabilitation Act of 1973 (29 USCS Section 9741; Government Code Section 4450 et seq These state and federal regulations mandate that qualified persons with disabilities will not be excluded from, denied benefits of, or discriminated against solely on the basis of their disabilities, under any program or activity that receives financial assistance from OCJP. Further, all facilities used by OCJP funded projects shall be made reasonably accessible to and usable by the physically handicapped. These regulations also provide that employers shall make reasonable accommodation to the physically handicapped, unless the employer can demonstrate that such accommodation would impose undue hardship. 4) The Americans with Disabilities Act of 1990 (ADA) 42 USC Sections 12101 et seq., and U. S. Department of Justice Implementing Regulations. 28 CFR Part 3 5: The ADA guarantees equal opportunity for individuals with disabilities in public and private sector services and employment. A comprehensive anti- discrimination law for persons with disabilities, the A.DA extends to virtually all sectors of society and every aspect of daily living (i. e., work, leisure, travel communications and more). b. Federxily Funded Projects - 28 CFR, Part 42, Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (U.S. Department of Justice) 1) Requires agencies receiving federal financial assistance from OCJP to prepare an Equal Employment Opportunity Program (EEOP) upo:~ meeting the following criteria: Grantee has 50 ar more employees; Grantee has received a total of $25,000 or more in grants or subgrants since 1968 (for grants of $Sli0,!J00 and mozc see 2), and Grantee has a service population of 3% or more minority representation (if less than 3% the ESOP must be prepared to focus on women). Effective Fiscal Year 1992193, the criteria and requirements apply to the "implementing agency" responsible for the day-to-day operation of the project (e.g., Probation Department, District Attorney, Sheriff). Please note that upon submission of the Certification of Assurance of Compliance to OCJP, the applicant certifies that the agency has an EEOP on file or will formulate, implement, and maintain an EEOP within 60 calendar days of the date the Grant Award Face Sheet (OCJP A301) is signed by the Executive Director of OCJP. This certification further commits the agency to submit to OCJP a copy of its EEOP within 60 calendar days of the Executive Director's signature on the OCJP A301. The EE~P must be developed for the implementing agency. 2) All applicants for federal grants funds of $500,000 or more must submit ~. copy of the current EEOP developed for the implementing agency, or federal letter of compliance, to OCJP with the Grant Award Forms Packa e. No Grant Award Agreement in this amount will be approved until OCJP receives approval of the applicant's EEOP from the federal government. 3) Projects who have previously received a total of $25,000 or more in grant funds, or a single award in the amount of $500,000 ar more, and have are. approved EEOP on file with OCJP, are required to submit an annual update of their EEOP if funds are continued. The timeframe for ESOP' updates are the same as are identified in 1) and 2) above and must cover the implementing agency. c. State Funded Grants and Community-based Organizations (CBOs) State funded grants and CBOs are exempt from the federal government requirefnent of developing an ESOP, pursuant to 28 CFR, Part 42, Subpart E; however, they are monitored by the U. S. Department of Health and Human Services in EEO compliance matters. d. Additional Requirements for ALL OCJP Grantees 1) In addition to the Certification of Assurance of Compliance (OCJP 656)F OCJP grantees must have a current year EEO Policy Statement, establislg~°l by their agency, posted in a prominent place accessible to employees and applicants (See Grantee Handbook, Appendix ~. 2) T!~e poster entitled "Harassment or Discrimination in Employment fl¢:° Prohibited by Law" (See Grantee Handbook, Appendix W) also must be posted in a conspicuous location accessible to employees and applicants nor employment. This poster may be obtained from the local office of the Department of Fair Employment and Housing (DEER). The Equal Employment Opportunity Program Guidelines may be obtained by contacting the EEO Compliance Office at (916) 327-3689. Additionally, applicants are encouraged to contact their Personnel Office or Affirmative Action Office for EEO information and assistance. 2. Drug-Free Workplace Senate Bill 1120 (Chapter 1170, Statutes of 1990) established the Drug-Free Workplace Act of 1990 ("the Act") which requires grantees to maintain adrug-free workplace, as does the federal Drug-Free Workplace Act of 1988. By signing the Certification of Assurance of Compliance; the applicant formally notifies OCJP, as the granting/monitorinp, agency, that the applicant will comply with the provisions of the Act. A copy of the Drug-Free Workplace Certification is included in the Grantee Handbook, Appendix O, to serve as a guide far the development of the agency's statement. 3. Environmental Impact The California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, Section 21000 et seq.) requires that a Lead Agency (the public agency which has principal responsibility for carrying out or approving a project which may have a significant effect on the environment) prepare an environmental document on the project. For purposes of CEQA, the Lead Agency is the city or county planning department. If this requirement has previously been met, the applicant must sign and submit OCJP 656 confirming compliance. NOTE: State agencies applying for OCJP grant funds must meet all CEQA requirements outlined above. Each agency has the authority to determine which of the designated categories applies. All notices must be filed with the Office of Planning and Research {OPR) instead of with a local planning department, and kept on file with the project. Public school districts and county Offices of Education applying for OCJP grants must also meet all CEQA requirements. OCJP 656 must be completed and submitted to OCJP Public school districts may have lead agency authority to deternune which of the designated CEQA categories applies. Evidence of this category determination must be completed and kept in the applicant's project files. All applicants selected for funding other than state agencies, public school districts and county offices of education should contact their city or county planning department to determine which of the designated categories listed in Section 2, Evidence of Compliance, applies. A project is defined as the whole of an action which has a potential far resulting in a physical change in the environment, directly or ultimately. For the purposes of this package, a project can include, but is not limited to: • An activity involving the issuance of a lease, permit, license, certificate, ar athez~ entitlement for use by one ar more public agencies, such as the leasing of real property from a government agency (e.g., office buildings, warehouses, police stations or shelters); An activity involving the amendment of zoning ordinances, or the amendment of a. local General Plan. In order for OCJP to approve the funding of projects selected for funding the applicant must complete and sign the Certificate of Assurance of Compliance (OCJP 656) and maintain evidence of CEQA compliance on file. The process far completing these requirements is as follows: a. Assurance of Compliance -Environmental Impact Statement All applicants selected for funding must submit the OCJP Certification of Assurance of Compliance (OCJP 656) signed by the person authorized by the governing board to sign the Grant Award Agreement. This is the same signatu~r~; as appears on line 13 of the Grant Award Face Sheet. be Evidence of i.-umpliance Such evidence of compliance must be maintained on file as part of the project`s administrative requirements and may be any one of the four designated catega~ri~~ described below. A sample format is included in the Grantee Handbook, Appendix U. The applicantlgrantee may present this form to the Lead Agency for review. The planning department may sign this form, or may prepare a document which describes the applicant's compliance with CEQA. 1) Category 1 A statement, signed and dated by the planning department, citing the CEQA Guidelines (California Administrative Code, Title 14, Division 6, Section 15061 (b)(3)) and stating that the Lead Agency can say with certainty that there is no possibility that the activity in question may have a significant effect on the environment and that the project is not subject tai CEQA. 2) Category 2 A Notice of Egemntion filed with the county clerk of the county or counties in which the project will be located, if the proposed project falls under the provisions for statutory or categorical exemptions of the CEQA Guidelines (California Administrative Code, Title 14, Division 6, Sections 15260-15329). Such filing will result in a date stamped on the notice. Normally, this notice is filed by the planning department. The applicant may file the notice instead, but must maintain a certified document issued by the planning department stating that this agency has found the project to be exempt. As evidence of CEQA compliance, a date: stamped copy of that notice must be maintained by the applicant in the project files. 3) Category 3 A Negative Declaration prepared in accordance with CEQA Guidelines (California'Administrative code, Title 14, Division 6, Section 15000 et. seq.), if the proposed project is determined to have no potential to significantly effect the environment. As part of the Negative Declaration. process, the planning department must give the general public and affected. public agencies an opportunity to review the proposed Negative Declaration, and must consider any comment. After completion of the Negative Declaration process, a Notice of Determination must be filed with the county clerk within five (5) working days after the Lead Agency approves the project. A copy of the Notice ofDetermination must also be filed with the Office of Planning and Research State Clearinghouse. As evidence of CEQA compliance, a date stamped copy of that notice must be maintained by the applicant in the project files. 4) Category 4 An Environmental Impact Report (EIR) prepared in accordance with the CEQA guidelines, if the proposed project may significantly impact the environment. As with the Negative Declaration, the EIR must be circulated for public and agency review. Additionally, the planning department must respond in writing to any comments made on the draft - EIR, and must adapt measures to mitigate any environmental impacts that have been determined to ~be significant, or provide justification as to why mitigation of an impact is not feasible. At the end of that process, a Notice of Determination (NOD) must be filed with the County Clerk within five (5) working days after the Lead Agency approves the project. A copy of the NOD must also be filed with the State Clearinghouse. As evidence of CEQA compliance, a date stamped copy of that notice must be maintained by the applicant in the project files. 4. Lobbying OCJP grant funds shall not be used for the purposes of lobbying (see Grantee Handbook, Section 2240.2). As required by Section 1342, Title 31 of the U. S. Code, applicants selected for funding must review and certify that no federal funds will be used for lobbying. By signing the Assurance of Compliance form, the applicant formally certifies to notify OCJP, as the granting/manitoring agency, that the applicant selected for funding will comply with the provisions of the Act. 5. Debarment, Suspension and Other Responsibility Matters -for federally funded projects only Applicants selected for funding must certify that they will adhere to Executive Order 12549, Debarment and Suspension. By signing the Assurance of Compliance form in ~~he Grant Award Forms Package, the applicant certifies to that effect. Certification of Assurance of Compliance OCJP 656 {Rev. 7197) CER'I'IFIC.ATION OF ASSURANCE OF COMPLIANCE Note: There are different requirements for state and federal funds (Those affecting only federally funded projects are identified) 1, Scott A. Mackenzie hereby certify that: (ofFicial authorized to sign grant award; same person as line 13 on Grant Award Face Sheet) GRANTEE: Butte County Sheriff's Office IIvIPLEMENTING AGENCY: Butte County Sheriff's Office PROJECT TITLE: Butte County Marijuana Suppression Unit will adhere to all of the Grant Award Agreement requirements (state andlor federal) as directed by the Office of Criminal Justice Planning including, but not limited to, the following areaso I. Equal Employment Opportunity II. Drug-Free Workplace Act of 1990 III. California Environmental Quality Act (CEQA) N. Lobbying V. Debarment, Suspension, and Other Responsibility Matters VI. Other OCJP Certifications as Applicable I. EQUAL EMPLOYMENT OPPORTUNITY (EEO} A. General EEO Rules and Regulations (state and federal) The applicant selected for funding acknowledges awareness of, and the responsibility to comply with, the following Equal Employment Opportunity requirements by signing the Grant Award Face Sheet (OCJP A301), including ~~tis Certification of Assurance of Compliance, and submitting the application to the Office of Criminal Justice Planning (OCJP). 1. California Fair Employment and Housing Act (FEHA} and Implementing Regulations, California Administrative Code, Title 2, Division 4, Fair Employment and Housing Commission. 2. California Government Code Article 9.5, Sections 11135-11139.5 and Implementing Regulations, California Administrative Code, Title 22, Sections 98000-98413. 3. Title VI of the Civil Rights Act of 1964. Certification of Assurance of Compliance OCJP b56 (Rev. ?/97) 4. Title V, Section 504 of the Rehabilitation Act of 1973 (29 USCS Section 974) and Federal Department Regulations on its implementation; Government Code Section 4450, et. seq. Subtitle A, Title II of the Americans with Disabilities Act (ADA), 42 USC Sections 12131-12134 and U.S. Department of Justice implementing regulations, 28 CFR, Part 35. 6. U. S. Department of Justice Regulations, 28 CFR, Part 42, Equal Employment Opportunity, Policies and Procedures -- applies to federally -funded grants only. Federal and state agencies have the legal right to seek enforcement of the above items of this assurance of compliance. All appropriate documentation must be maintained on file by the project and available for OCJP or public scrutiny upon request. Violation of these provisions may result in withholding of grant funds by OCJP. B. The following apply to federally funded grants only: Note: Effective Fiscal Year 1992193, the Federal criteria and requirements apply to the "implementing agency" responsible for the day-to-day operation of the project (e.g., Probation Department, District Attorney, Sheriff). Criteria for Federal EEO Program Requirements for Grants in the Amount of $25,000-$499,999. (Does not apply to community-based organizations). Federal regulations require qualified recipient agencies of federal financial assistance to prepare an Equal Employment Opportunity Program (EEOP) upon meeting all of the following criteria: a. Grantee has 50 or more employees. Grantee has received a total of $25,000 or more in grants or subgrants since 1968. Grantee has a service population of 3% minority representation (If less than 3% minority population, the EEOP must be prepared to focus on women). The EEOP must be developed for the implementingagency responsible far the day-to-day operations of the program. Certification of Assurance of Compliance OC1P 656 (Rev. 7/9T) 2. Assurance of EEOP for Federal Grants of $25,000-$499,999 This 'implementing agency has formulated, or will formulate, implement, and maintain an EEOP within 60 calendar days of the date the Grant Award Face Sheet (OCJP A301) is signed by the Executive Director of OCJP. I also certify that the ESOP is/will be on file in the following Affirmative Action (A.A.) Office: A. A. Officer: Don Pirko Title: = Director of Persormel Address: 25 County Center Drive, Oroville, CA 95965 Phone: (530) 538-7651 The EEOP is available for review or audit by officials of OCJP or the Federal Government, as required by relevant laws and regulations. Additionally, I agree to submit a copy of said EEOP to OCJP (Attention: EEO Compliance Officer) within 60 calendar days of the Executive Director's signature on the OCJP A301. 3. Federal Grants of $500,000 and Above All applicants for federal grant funds of $500,000 or more will submit a copy of their EEOP {developed for the implementing agency), or federal letter of compliance, to OCJP with the second sta e application forms. 4. EEOP Updates for Continuing Federal Grants Projects that have previously received a total of $25,000 or more in federal grants, or a single award in the amount of $500,000 or more, and have an, approved EEOP on file with OCJP, are required to submit an annual update of their ESOP if funds are continued. The timeframe for ESOP updates are the same as identified in Section B, 2 and 3 above. C. The following apply to all OCJP grantees: In addition to this Certification, all OCJP grantees must have a current EEO Policy Statement, established by their agency, posted in a prominent place accessible to employees and applicants; and 2. The poster entitled "Harassment or Discrimination in Employment is Prohibited by Law" also must be posted in a conspicuous location accessible to employees and applicants. This poster may be obtained from the local office of the Department of Fair Employment and Housing. CertiFication of Assurance of Compliance _ OCJP 656 (Rev. 7/9'7) II. CALg'ORNIA DRUGFREE WORKPLACE ACT OF 1990 AND FEDERAL DRUGFREE WORKPLACE ACT OF 1988 REQUIREMENTS The above-named organization(s) will comply with the California Drug-Free Workplace Act of 1990 of California Government Code Section 8355, et. seq., and the Federal Drug- Free Workplace Act of 1988, and implemented as 28 CFR, Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67, Sections 67.615 and 67.620 by: A. Publishing a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required in Government Code Section 8355(a). B. Establishing aDrug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The organization's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation and employee assistance programs; 4. Penalties that may be imposed upon employees for drug abuse violationse C. Providing as required by Government Code Section 8355(c) that every employee who works on the proposed grant: 1. Will receive a copy of the company's drug-free policy statement; 2. Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. D. Notifying the employee in the statement required that, as a candition of employment under the grant, the employee will: 1. Abide by the terms of the statement; 2. Notify the employer in writing of his or her conviction for a violation of a. criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. E. Notifying the agency, in writing, within ten (10) calendar days after receiving notice as required above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees, must provide notice, including position, and title to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, DC 20531.. Notice shall include the identification number(s) of each affected grant. Certification of Assurance of Compliance OCJP 656 (Rev. 7/97} F. Taking one of the following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain adrug-free workplace through implementation of the above requirements. III. CALIFORNL4 ENVIRQNMENTAL QUALITY ACT (CEQA) The above-named organization(s)1individual(s) will comply with the California Environmental Quality Act (CEQA) requirements as stated in the Public Resources Code, Division 13, Section 21000 et. seq. and all other applicable rules and regulations. All appropriate documentation will be maintained on file by the project and available for QCJP' or public review upon request. IV. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented as 28 CFR, Part 69, for persons entering into a grant or cooperative agreement over $lOQ,000, as defined at 28 CFR, Part 69, the applicant certifies that: A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officez° or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers [including subgrants, contracts under grants and cooperative agreements and subcontract(s)] and that all subrecipients shall certify and disclose accordingly. Certification of Assurance of Compliance _ OCJP 656 (Rev. '714' V. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (applies to federally funded grants only) As required by Executive Order i 2549, Debarment and Suspension, and implemented at 28 CFA, Part 67, far prospective participants in primary covered transactions, as defined at 28 CFA, Part 67, Section 67.510, the applicant certifies that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or volunt~rity excluded from covered transactions by any federal department or agency. - B. Have not, within athree-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public {federal, state, or local) transaction or contract under a public transaction9 violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for, or otlie~wise criminally or civilly charged try a governmental entity (federal, state, or local) with, commission of any of the offenses enumerated above. D. Have not, within athree-year period preceding this application, had one or more public transactions (federal, state, or local) terminated for cause or default. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Certification of Assurance of Compliance OCJP 656 (Rev. 7l97~ `VIe OTHER OCJP CERTIFICATIONS AS APPLICABLE Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the grantee may be ineligible for award of any future grants if the Office of Criminal Justice Planning (OCJP) determines that any of the following has occurred: (1) the grantee has made false certification, or {2) violates the certification by failing to carry out the requirements as noted above. CER'TIF'ICATION I, the official named below, am the same individual authorized to sign the Grant Award Agreement [line 13 on Grant Award Face Sheet], and hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. ~ ' .,, , ~~~. .~ Official's Signature: ~ !_ ~.; °`..'~ '' - f'. ,. ~_ . ~ ~, ~'` f Official's Typed Name: _ Scott A. Mackenzie Official's Title: Sheriff-Coroner Date Executed: 6/29199 Federal ID Number: ~ 946000506 Executed in the County of: Butte ~,PORTIIVG ALIEN CONVICTIOI`~ TO THE IMMIGRATION Al'VD NAT~I~ATION SERVICE (INS) This is to certify that I have read, understand, and agree to abide by the California's Plan to Report Alien Convictions to I'i 1S. Specifically, I ensure that criminal justice agencies in the city/county will perform the following functions: • notify INS, at the time of booking, when a suspected alien is arrested, and • notify INS within 30 days of a felony or deportable misdemeanor conviction of an alien. Noncompliance with the above mandate may result in the following: • temporary withholding of cash payments to the project pending corrections or more severe enforcement action by the Office of Criminal Justice PIaruting; • disallowance of use of funds for all ar part of the cost of the project; • suspension or termination of the current award for the grantee's program; • withholding fiurther awards to California's Anti Drag Abuse Enforccment Program; ar • other legal remrdies. ~ ,f' ~'~~ ~ «.. ~ 6129/99 Project Director: .~:..~.- ~ , ~ , ,.:~-~._ f` ti Date; Scott A. Mackenzie Attachment A Butte County Sheriff's Office -Special Enforcement Unit - 360-008 Office Of Criminal Justice Plannin8 Butte County Marijuana Suppression Unit Grant FY 1999-2000 360-008/511 Salaries Andrew Dally $37,480 360-008/512 Extra Help $14,400 360-0081514 Overtime $6,362 360-0081518 Benefits -Andrew Dally $21,053 360-D08/530 Maintenance $20, 000 360-008/535.201 Office Expenses -Outside Purchases $4,800 360-008/540 Small Tools $1,000 360-0081541 Spec. Dept. Expenses $1,000 360-008/543.201 Transportation/Travel $18, 570 360-0081563 Fixed Assets $3, 500 360-008/571 Administrative/Audit Costs $7,131 360-0081572 Direct Services Transfer $72,618 320-001/573 Intra Department Transfer 511 Salaries = $41,002 514 Overtime = $6, 510 . 518 Benefits = ~;3$4~~ .~ l d ~, $72,618 Total $207, 914