[Ord. No. 95-23 §200.300, 6-1-1995]
A.
Law
Enforcement agencies located within a six (6) County area in southwest
Missouri are eligible to participate and join COMET.
B.
COMET'S
operations shall be restricted to the jurisdictions of the party members,
however, should a case investigation continue into an outside non-member
jurisdiction, COMET may proceed with that investigation if coordinated
with authorities in that jurisdiction.
C.
Participation
of a party member shall be limited by the availability of appropriations
of that party, any applicable Statute or Charter provision.
[Ord. No. 95-23 §200.310, 6-1-1995]
The COMET Executive Board is elected by and will represent the
participating parties to this agreement. The Board shall have nine
(9) members, three (3) of whom shall serve as Officers. The Officers
shall be the Chairman, Vice-Chairman, and Secretary/Treasurer. The
Officers shall be selected by the membership of the Board.
[Ord. No. 95-23 §200.320, 6-1-1995]
A.
The
primary duties of COMET consist of the following:
1.
To conduct convert and overt narcotics investigations on individuals
and organizations engaged in illegal drug-related activities.
2.
To establish liaison with the respective State and Federal prosecutors
for legal advice and encouragement of vigorous prosecution of task
force investigations.
3.
To develop and maintain an intelligence data base on the trafficking
of narcotics and dangerous drugs and other related criminal activities.
4.
To establish liaison with local, State and Federal Law Enforcement
agencies in southwest Missouri to better coordinate drug investigations
and disseminate drug-related intelligence.
[Ord. No. 95-23 §200.330, 6-1-1995]
A.
Each
party shall maintain workmen's compensation coverage for any employees
loaned, assigned or appointed to COMET operations. Each party shall
remain liable for the operation of motor vehicles by their respective
employees and conditions of their own property in accordance with
the laws of the State of Missouri.
B.
The
parties understand and accept that employees/personnel appointed to
COMET remain employees/personnel of their respective departments and
that those departments agree to supply necessary equipment items,
and to compensate their officer(s) for personal services rendered
in support of task force operations in accordance with State and Federal
law applicable to the situation and subject to the availability of
appropriated funds. This compensation shall include, but is not limited
to, cost of wages, overtime/compensation time, liability insurance,
workmen's compensation, injury, death, and retirement benefits if
any. However, no amount for overtime/compensation shall be incurred
by the respective individual employer departments for the services
of personnel unless said overtime/compensation time is in accordance
with the guidelines of that employer agency for the appointment of
the employee to COMET. In no event shall COMET be responsible for
any other form of compensation to the appointed employees/personnel.
COMET may elect to fund compensation and benefits of employees who
respond to COMET's directives from time to time at the discretion
of the Board of Directors.
C.
Parties
are bound only to the extent that funds are available and appropriated
by the respective governing units thereof. Should a lack of appropriated
funds exist, the party shall notify the Executive Board immediately.
[Ord. No. 95-23 §200.340, 6-1-1995]
A.
The
Executive Board agrees to perform the following duties which shall
include the provision of:
1.
Sufficient manpower as it is deemed appropriate and manageable by
the Executive Board.
2.
Adequate equipment and supplies for and including, but not limited
to, telecommunications, radio communications, surveillances, and office
protection. This shall also include office space, office equipment,
telecommunications and computer equipment, support and supplies.
3.
A cash reserve shall be maintained from forfeited money or properties
seized or acquired as a result of COMET investigations and activities.
a.
Forfeited money and property seized during the first (1st) year shall
be placed in the cash reserve which shall be maintained at a bank
licensed and certified as a depository under the laws of the State
of Missouri.
b.
Forfeited money and property seized each year thereafter may be allowed
to accumulate in the cash reserve to twice the previous year's total
COMET expenditures. Any balance over this amount shall be distributed
among the participating parties at the discretion of the Executive
Board; although a party's contributions to COMET shall be considered
and all participating parties shall receive a share in the distribution
process.
c.
Any State seizure will be administered in accordance with Article
IX of the Missouri Constitution and State law as enacted and amended
from time to time. Federal seizures will be administered in compliance
with Title 21, Section 881 or 853 of the United States Code, as amended
from time to time.
[Ord. No. 95-23 §200.350, 6-1-1995]
A.
The
following procedures shall be followed unless waived by a unanimous
vote of the Executive Board on a case by case basis:
1.
Officer in charge.
a.
Will have full tactical control of day-to-day operations in accordance
with guidelines as established by the Executive Board. He/she shall
be selected and employed by and report to the Executive Board. The
Executive Board may terminate his/her employment without notice.
b.
Will be responsible for narcotics related training of COMET members
and will devise and implement appropriate training for the members.
c.
Will be responsible for the approval of all officer expense (travel,
meals, etc.) and monies expended by COMET members. He/she shall receive
and document all such expenditures in accordance with the policies
and procedures established by the Board, State and local laws.
d.
Will be responsible for overtime/compensation time approval, timekeeping
responsibilities and submission of member's time tabulations to their
respective agencies in accordance with that agencies guidelines for
appointment of an employee/personnel to COMET.
e.
Will be responsible for providing information to the Executive Board
related to COMET expenditures and activities on no less than a bi-weekly
basis. Activity reports shall be specific in nature and failure to
be so specific may be grounds for immediate dismissal.
f.
The COMET Executive Board shall have the responsibility to formulate
and implement an appropriate drug testing program which shall include
drug screening for all COMET members prior to assignment with the
COMET.
2.
COMET members.
a.
Will be selected and empowered by the Executive Board after interviews,
background investigations (when appropriate), and recommendations
by a committee appointed by the Executive Board. The Executive Board
reserves the right to refuse a potential appointment to COMET of an
employee/personnel.
b.
Will be a full-time Peace Officer and, prior to appointment, have
been afforded appropriate training as required by Missouri law. COMET
members shall possess a commission by one (1) or more officially recognized
law enforcement agencies. Their commission(s) shall provide the member
with legal authority to enforce drug trafficking statutes on a multi-jurisdictional
basis. He/she shall be solely directed and supervised by the Officer
in Charge, but in no event shall he/she be directed to knowingly violate
any ordinance of the employing agency, Charter or other applicable
law, merit rule, official Council, or other appointing authority policy.
c.
Will adhere to all laws of the State of Missouri and the United States
of America, and local ordinances of the jurisdiction in which he/she
is acting.
d.
Will maintain compliance with the respective agency's policies and
procedures as well as the policies and procedures of the COMET. In
the event of conflict, the most rigid standard will be adhered to.
e.
Will not consume intoxicating beverages while on duty except in the
performance of duty, and in those instances, never to the extent that
the officer's ability to perform an official assignment or function
is impaired.
f.
Will request annual leave to the Officer in charge, who shall coordinate
the request with their respective agency.
g.
Will report to the Officer in charge or his/her designee, and his/her
member Department, as soon as possible, any incident, accident, or
conduct by a COMET member that might reflect unfavorably upon any
party to the agreement. Nothing herein excuses the member from any
reporting to the employing agency that may be required under existing
or future law such as worker's compensation.
[Ord. No. 95-23 §200.360, 6-1-1995]
A.
Report Writing. Report writing, case preparation procedures,
and documentation of officer's expenditures, shall be in accordance
with policies and procedures approved by the Executive Board as outlined
above.
B.
Confidential Sources. Confidential informant documentation,
handling procedures, and payments procedures shall be utilized by
COMET members in accordance with policies and procedure approved by
the Executive Board.
C.
The
local authority in whose jurisdiction COMET is operating shall be
notified and, when appropriate, shall participate in the operation.
This provision may be waived if exigent circumstances do not permit
notification and/or participation, or if the Officer in charge believes
an unusual circumstance makes the notification or participation unwise.
Immediately following such circumstances, the local authority will
be notified, and within five (5) days a written report will be initiated
to the Executive Board for review.
D.
All
equipment provided to COMET by participating parties shall remain
the property of that party. However, COMET shall have the right to
direct its use until at least thirty (30) days notice of removal of
same from COMET's use has been given by the Chief Law Enforcement
Officer of that jurisdiction. Each party shall remain responsible
for the routine maintenance of said equipment. COMET shall be responsible
for the operational costs of said equipment, if any. The Executive
Board shall not approve the return on a temporary basis of such equipment
to the party without the consent of the Officer in charge and majority
vote of the Board.
[Ord. No. 95-23 §200.370, 6-1-1995]
Any party may withdraw from this agreement thirty (30) days
after providing written notice of the intent to withdraw being provided
to the Executive Board. Withdrawal of any party shall have no effect
on the legality of this agreement with respect to the remaining parties.
Modification of this agreement requires written approval by all parties.
[Ord. No. 95-23 §200.380, 6-1-1995]
We the undersigned, agree to support his/her cooperative effort
in the manner outlined herein, and the Combined Ozarks Multi-jurisdictional
Enforcement Team Constitution and by-laws as adopted by a unanimous
vote of the Executive Board.
