REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
May 4, 2021
FROM
JOHN McMAHON, Sheriff/Coroner/Public Administrator
SUBJECT
Title v
Memorandum of Understanding with the State of California Campaign Against Marijuana Planting Program
End
RECOMMENDATION(S)
Recommendation
1. Approve non-financial Memorandum of Understanding between the State of California and the Sheriff/Coroner/Public Administrator regarding the Campaign Against Marijuana Planting Program for the purpose of identifying agency responsibilities related to cannabis eradication operations conducted in San Bernardino County, for the period of July 1, 2021 through October 30, 2021.
2. Authorize the Sheriff/Coroner/Public Administrator to execute and submit the Memorandum of Understanding, as required by the State.
3. Direct the Sheriff/Coroner/Public Administrator to transmit all documents related to the Memorandum of Understanding to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: John Ades, Captain, 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The recommended Memorandum of Understanding (MOU) is a non-financial document which defines the responsibilities of the State of California Campaign Against Marijuana Planting (CAMP) Program and the Sheriff/Coroner/Public Administrator (Department). Costs associated with the eradication services will be funded by grant revenue from the Drug Enforcement Administration (DEA) and the United States Forest Services (USFS). Sufficient appropriation and revenue will be included in the Department’s 2021-22 recommended budget.
BACKGROUND INFORMATION
The Department and the State of California (State) have partnered through the CAMP Program and are committed to develop strategies and identify agency responsibilities related to cannabis eradication operations conducted in San Bernardino County.
The Board of Supervisors (Board) has approved various CAMP MOUs with the latest being Agreement No. 20-220, approved on April 21, 2020 (Item No. 68), for the period of July 1, 2020 through October 30, 2020.
The State will assign eradication team(s) to a region that may provide eradication services to San Bernardino County and will be comprised of law enforcement personnel from local, state, and federal agencies. The Department will be responsible for carrying out the law enforcement function of the team(s). The CAMP Operations Commander and the Regional Operations Commander (ROC), both State employees, will be responsible for the overall coordination of team efforts, including general operating procedures and coordination priorities. CAMP team leaders will be responsible for the timely completion and submission of marijuana seizure reports when the team is involved in a raid. When the CAMP eradication team is not involved, the Department will resume this responsibility.
CAMP teams will abide by the law enforcement policies, rules, and regulations as set forth by the Sheriff of the county in which they are working. Should a conflict in policy arise that cannot be resolved, the CAMP Commander and the Sheriff, (or his/her designee), will work together to achieve resolution.
Personnel assigned to the CAMP program, while operating in San Bernardino County, shall be deemed to be continuing under the employment of their own jurisdiction and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon them as peace officers in their own jurisdictions.
For the purpose of indemnification, personnel assigned by any agency shall be deemed to be continuing under the employment of that agency and covered by workers’ compensation to the extent such coverage applies in this situation, though the negligent party will have to indemnify the other parties for liability associated with the negligence.
Each agency contributing personnel resources to the teams will be responsible for all salaries and benefits of such employees.
Approval of Recommendation No. 2 will authorize the Sheriff/Coroner/Public Administrator to sign the MOU, as required by the State.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Richard D. Luczak, Deputy County Counsel, 387-5455) on April 1, 2021; Finance (Carolina Mendoza, Administrative Analyst, 387-0294) on April 13, 2021; and County Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-5423) on April 13, 2021.