[Adopted 11-29-1993]
The promulgation of the present guidelines shall be deemed to
be a request by the Office of Attorney General for the assistance
of all responding municipal police officers pursuant to the Municipal
Police Jurisdiction Act, 42 Pa.C.S.A. § 8953(a)(3). Any
and all Municipal Drug Task Force activity undertaken by municipal
police officers pursuant to these guidelines shall be deemed to be
a response to the above-referenced request for assistance pursuant
to 42 Pa.C.S.A. § 8953(a)(3) and thus covered by the hold-harmless
aspect of the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953(d).
The present guidelines shall control all Pennsylvania Office of Attorney
General Municipal Drug Task Force activity.
The Office of Attorney General Bureau of Narcotics Investigation
and Drug Control Municipal Drug Task Force Program encourages joint
participation and involvement of local and state law enforcement personnel
in the investigation, apprehension and prosecution of drug traffickers
and drug trafficking organizations within the Commonwealth of Pennsylvania.
To support and encourage joint participation, funding is available
to reimburse municipal law enforcement personnel for overtime with
related benefits and authorized travel expenses while assisting the
Office of Attorney General in designated task force investigations.
The purchase of equipment and training related to drug enforcement
is also funded or presented by qualified Bureau personnel. Funding
for Municipal Drug Task Force operations is provided to municipalities
under the Narcotic Control Assistance Program.
These guidelines are designed to facilitate the formation, organization
and implementation of Municipal Police Drug Task Forces across the
commonwealth. To ensure that these goals are met, general policies
must be established and adhered to by all participating entities.
A.
For purposes of this policy, "municipal police officer" is defined
pursuant to 42 Pa.C.S.A. § 8951 et seq.
B.
It is the goal of the Task Force Program to establish highly responsive
task forces of trained drug investigators. These task forces will
be utilized throughout the commonwealth to respond to the general
drug law enforcement needs.
C.
Cooperative task force units with Municipal Police Departments will
be emphasized for street level as well as large volume traffickers.
D.
Failure of a task force member to obtain any required prior approval,
or any member who engages in investigative or operational activity
outside the scope of the guidelines established herein, shall render
the member and the member's parent agency ineligible for liability
coverage under hold harmless, Act 100 of 1989.[1]
[1]
Editor's Note: See 42 Pa.C.S.A. § 8953.
These guidelines will apply to all personnel of the Bureau of
Narcotics Investigation and Drug Control and/or other state, federal
or local law enforcement personnel who may be requested to work under
the aegis of the Director of the Bureau of Narcotics Investigation
and Drug Control (BNI).
A.
Within the Bureau of Narcotics Investigation and Drug Control there
are assigned responsibilities regarding the administration of the
Municipal Drug Task Force Program. In order to ensure timely and appropriate
response to task force related matters, task force members, or member
municipalities, will be required to follow the Bureau's chain
of command to resolve any problem or operational issue which may arise,
as follows:
B.
Any task force member who desires to resolve an ongoing operational
problem or issue will be required to present the issue through the
Board of Chiefs. The Board of Chiefs, or designee, will address the
issue in writing, following the chain of command outlined above.
C.
Participating municipal police officers.
(1)
All members shall be Act No. 120 certified or grandfathered under
Act No. 120. Sheriffs and/or deputy sheriffs who have received Sheriff
Education and Training, Act No. 2 of 1984,[1] may also participate in the Task Force Program in a limited
capacity. However, although hold-harmless coverage exists for participating
municipal police officers who have complied with all requirements
set forth herein, it must be understood that certain participants
may not be "municipal police officers" by definition. More specifically,
it must be understood that sheriffs, deputy sheriffs and Housing Authority
Police Officers (for example) do not meet the definition of "municipal
police officer," thus the Office of Attorney General is precluded
from providing coverage pursuant to the hold-harmless aspect of the
Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953(d).
In order for said individuals (or other potential participants who
are not municipal police officers) to qualify as the same, they must
have been properly cross-designated as either a County Detective (by
a participating County District Attorney's Office) or a municipal
police officer (by a participating Municipal Police Department) prior
to undertaking any activity pursuant to these guidelines.
[1]
Editor's Note: See 71 P.S. § 2101 et seq.
(2)
All members must have the expressed written approval of their parent
agency to participate in the Task Force Program.
(3)
All members are required to complete and submit a task force roster
form prior to participating in task force activities.
(4)
All members shall meet any competency standards that their parent
agency may prescribe.
(5)
All members participating in the Task Force Program shall abide by
any guidelines set forth by the Office of Attorney General, BNI and/or
by a Board of Chiefs, where appropriate.
(6)
All disciplinary action resulting from a task force incident or activity
shall be referred back to the parent agency.
(7)
Should a task force officer be injured during preapproved activity,
the Task Force Coordinator and/or Regional Director must be notified
immediately following the accident/injury. The injured officer must
outline in memo form to the Regional Director the circumstances surrounding
the accident/injury (i.e., date, time, activity being performed, etc.).
An OAG Employer's Report of Occupational Injury or Disease (STD-44)
must be completed and signed by the Regional Director, then submitted
along with any initial invoices or paperwork received from the hospital
and/or physician. The required paperwork must be submitted to the
Regional Director immediately following the accident/injury, who in
turn will forward documentation to the Task Force Unit, 16th Floor,
Strawberry Square, Harrisburg, Pennsylvania 17120. As additional invoices
are received by the municipality/officer, the same should be forwarded
directly to the Regional Director for processing.
(8)
All task force investigative activity will require prior approval
of the Task Force Coordinator or, in his/her absence, the Regional
Director, at which time a BNI case number will be assigned before
any investigative action is initiated. Prior approval shall also be
required for all investigative expenditures and/or reimbursable scheduled
overtime worked.
(9)
Participating members shall sign all applicable internal BNI advance
fund or equipment receipts and are accountable for any funds or equipment
received.
(10)
Any member who damages, loses or becomes aware of damaged, lost
or stolen equipment or property during or as a result of a task force
operation shall immediately report the same to a member in operational
control of the investigation, who in turn will notify the BNI Task
Force Coordinator or the Regional Director. As soon as practicable
thereafter, the Office of District Attorney having jurisdiction where
the damage occurred and, if applicable, the parent agency owning the
damaged property shall be notified. This notification will be followed
by the reporting officer submitting a detailed written report describing
the incident to the agency owning the damaged property. Applicable
Bureau reports will be completed in the event Bureau equipment or
property is damaged, lost or stolen.
(11)
All approved task force investigations and/or operations shall
require submission of investigative reports detailing activity undertaken.
Copies of investigative reports resulting from task force investigations
or related activity, i.e., purchase of evidence, cover, surveillance,
arrest, court proceedings, disposition, etc., will be forwarded to
the Regional BNI Task Force Coordinator in a timely manner.
(12)
Failure to provide investigative reports, or any other required
documentation, to the applicable BNI regional office may result in
the task force member and/or the member's department being suspended
from participation in the Task Force Program until such time as documentation
is submitted. Additionally, outstanding reimbursement(s) due to the
member and/or member's municipality may be withheld until required
documentation has been submitted.
A.
Task force formation.
(1)
It is recommended that, upon formation of the task force, member
agencies form a Board of Chiefs who will be responsible for developing
operational policy and determining priorities of the task force.
(2)
Officers participating in the program will be assigned by the Police
Chief of the officer's municipality.
B.
Procedures.
(1)
Informant regulations.
(a)
Informants will be interviewed and documented according to the
existing departmental policy and regulation of the member municipality.
(b)
In the absence of an informant policy and/or regulation of a
member municipality, prevailing BNI informant documentation requirements
will be adhered to.
(c)
A task force member, prior to utilizing an informant, shall
be required to provide written verification that the informant has
been documented in compliance with this policy. This written verification
shall be provided to the Regional BNI Task Force Coordinator and/or
the Regional Director.
(d)
In the event that a member agency elects to use an informant
not conforming to mandated Pennsylvania Board of Probation and Parole
Guidelines, no BNI personnel shall participate in the investigation,
nor shall any BNI resources be utilized.
(e)
Official funds approved and provided to informants for investigative
purposes and/or approved payments made to the informant shall be receipted
on internal BNI advance fund forms. This documentation shall be provided
to the Regional Task Force Coordinator for purposes of required administrative
reporting.
(2)
Advance funds.
(a)
Disbursement of advance funds to task force members shall be
made by the Regional Director and/or the Regional Task Force Coordinator.
(b)
Receipt and/or transfer of advance funds by a task force member
shall be completed by utilizing internal BNI advance force reporting
forms.
(c)
Task force members receiving advance funds are accountable for
all moneys received.
(d)
Approval of the Regional Director and/or the Regional Task Force
Coordinator shall be obtained prior to expenditure of advance funds.
Approved expenditure of advance funds shall be documented on internal
BNI advance fund report forms and provided to the Task Force Coordinator
in a timely manner.
(e)
Approved expenditure of advance funds for the purchase of evidence
shall be documented in applicable investigative reports and submitted
to the Task Force Coordinator in a timely manner.
(f)
In the event that there is a loss or theft of advance funds
assigned to a task force member, said theft or loss of funds shall
be reported in writing to the Regional Director as soon as possible
thereafter. The written report shall contain the details surrounding
the loss or theft of funds. Where applicable, the loss or theft of
funds shall also be documented in investigative reports.
(g)
Restitution, payable to OAG/BNI, shall be requested from the
courts in all instances where BNI/task force advance funds have been
expended for the purchase of evidence.
(3)
Overtime reimbursement.
(a)
In order to establish a uniform procedure for reporting approved
overtime and requesting reimbursement, the following guidelines will
apply to task force investigations when overtime is worked by a municipal
police officer:
[1]
Task force officers working approved overtime hours shall be
required to report overtime hours worked to the appropriate regional
office, in the manner prescribed by the Task Force Coordinator, on
the workday following the occurrence of the overtime.
[2]
All overtime worked for payment must have prior approval of
the Regional Task Force Coordinator or the Regional Director. Payment
for approved overtime will be made by the municipality and reimbursement
will be requested from the Office of Attorney General on internal
BNI Form Nos. 9001 and 9002. The forms must be signed by appropriate
municipal personnel.
(b)
The original invoice will be forwarded to the Task Force Coordinator
on a monthly basis, or as otherwise requested, no later than the fifth
of the following month after the overtime was worked. The overtime
submitted will be verified at the regional office, compared to previously
reported overtime hours, and forwarded to BNI Headquarters for processing
and payment.
(4)
Evidence handling.
(a)
Evidence obtained by a BNI agent during joint task force investigations
will be processed through disposition in compliance with BNI policy,
directives and procedures.
(b)
Evidence obtained by a task force officer will be processed
and maintained through disposition in accordance with the officer's
departmental policy and procedure.
(5)
Consensuals.
(a)
Office of Attorney General approved consensuals will be conducted
in accordance with the OAG Electronic Surveillance Manual Procedures
and Forms of August 1991.
(b)
District Attorney approved consensuals. A copy of the memorandum
of consent will be forwarded to the Task Force Coordinator to be included
in BNI files. Generally, if on a county consensual, the municipal
office handles all tapes, monitoring, transcribing, etc., and the
BNI agent only assists (i.e., placing of equipment on confidential
informant, especially if female, assist in monitoring, etc.).
(6)
Asset and vehicle seizures. This should be agreed upon at the initiation
of the task force by the Chiefs, District Attorney of the county(ies)
involved and BNI personnel. When possible a FIU BNI agent will accompany
officers on search warrants.
C.
Vehicles used by municipal task force officers. Municipal task force
officers will be permitted to operate Bureau vehicles on a case-by-case
basis, according to General Services and Risk Management Department
provisions and regulations.
D.
Press releases. Press releases will be coordinated with the District
Attorney, Board of Police Chiefs, Regional Director, Assistant Deputy
Director(s) and Deputy Director.
E.
Officer training.
(1)
A training program will be conducted for each task force prior to
implementation. Subjects covered will include the following mandatory
reporting requirements for participating members:
(2)
The Task Force Coordinator, in conjunction with the Training Coordinator,
will determine the length of the training program, which will be based
on the experience of officers involved.
Task forces may purchase, during any fiscal year, equipment
and supplies and/or services up to 25% of their annual allocation.
Purchases shall follow the procedures outlined in Subsection A below.
A.
Purchase of equipment.
(1)
Requirements and restrictions.
(a)
The task force purchase must be agreed upon by the majority
of the Board of Chiefs or the majority of the Chiefs collectively
if a board is not established.
(b)
Whenever practical, equipment purchased will be made available
to all participating members of said task force.
(c)
The task force will maintain an inventory log of all equipment
funded by the Pennsylvania Office of Attorney General. An inventory
of equipment will be conducted on a yearly basis and reported to the
OAG.
(d)
The task force will procure equipment and/or services through
its respective municipality and in accordance with municipality purchasing
guidelines.
(e)
The Pennsylvania Office of Attorney General will not reimburse
the municipality for equipment and/or services procured prior to the
BNI Director's approval date.
(f)
Pennsylvania Office of Attorney General reimbursements to municipalities
are limited to items approved in Part I of the equipment/services
purchase request form. The amount of reimbursement will not exceed
10% of the estimated purchase price for each item unless otherwise
approved by the OAG.
(2)
Purchase request and reimbursement procedures.
(a)
The task force will complete Part I of the equipment/services
purchase request form.
[1]
The equipment and/or services will be described in detail, to
include a model number and major options when applicable.
[2]
The head of the task force may sign on behalf of the majority
of the Board of Chiefs or the majority of the Chiefs collectively
if a board is not established. This delegation of signature authority
must be expressed in an agreement letter.
(b)
The task force will forward the request form and agreement letter
to the municipality responsible for the purchase. An official from
the municipality will complete Part II and return the equipment/service
purchase request form to the task force.
(c)
The task force will forward the equipment/services purchase
request form to the BNI Regional Task Force Coordinator, who will
in turn review and forward it to the Task Force Unit. The Task Force
Unit is responsible for coordinating the review process and responding
to the task force.
(d)
If the request is approved by the Pennsylvania Office of Attorney
General, the signed request will be returned to the task force.
[1]
Upon receipt of approved request, the task force may immediately
request the municipality (designated in Part II of request form) to
purchase the equipment.
[2]
After the equipment and/or services are received, the municipality
may request reimbursement from the Pennsylvania Office of Attorney
General by mailing:
(e)
If the request is disapproved, the request will be returned
to the task force with a written memorandum explaining the reasons
for disapproval.
B.
Disposition of nonexpendable equipment.
(1)
During the term of task force agreement:
(a)
The task force or municipality may retain the property for other
uses, provided that compensation (fair market value) is made to the
commonwealth for all property with a fair market value in excess of
$500.
(b)
The task force or municipality may be instructed to ship the
property to the Bureau of Narcotics Investigation and Drug Control
or to another task force or municipality. The task force or municipality
shall be reimbursed for any reasonable shipping or storage costs incurred.
(2)
At termination of agreement:
(a)
The task force or municipality may retain the property for the continuation of drug investigations within its jurisdiction. When the equipment becomes surplus to the task force's or municipality's needs, then the equipment becomes subject to the same provisions detailed in Subsection B(1)(a) and (b).
(3)
The Bureau of Narcotics Investigation and Drug Control has sole responsibility
for determining the disposition of all nonexpendable equipment.
Any and all paperwork relating to civil suits should be promptly
forwarded to the attention of the Task Force Unit, Bureau of Narcotics
Investigation and Drug Control, 16th Floor, Strawberry Square, Harrisburg,
Pennsylvania 17120. The Task Force Unit will then forwarded required
documentation to the Civil Litigation Section. After the initial contact
has been made through the Task Force Unit, further correspondence
will then be made directly to the Civil Litigation Section, with appropriate
copies to the Task Force Unit.
[1]
Editor's Note: See 42 Pa.C.S.A. § 8953.
