APPENDIX
B
SAMPLE
MEMORANDUM OF UNDERSTANDING
JOINT
COUNTERDRUG SUPPORT PLAN
CALIFORNIA
STATE MILITARY DEPARTMENT
P.O
Box 214405
Sacramento,
California 95821-0405
CITY
OF LONG BEACH Long Beach Police Department
400
West Broadway
Long
Beach, California 90802
1.
Purpose.
This
memorandum sets forth policies and procedures agreed to by The Adjutant General
of California and the Long Beach Police Department (LBPD) regarding the employment
of California National Guard (CNG) OH-58 helicopter(s) in support of the drug
enforcement surveillance operations in the Long Beach/Los Angeles area, effective
for 90 days after the date of final approval.
2.
Objective.
To
establish mutual conditions, procedures, responsibilities, authorities, and
constraints on the employment of CNG OH-58 aircraft and crew(s) in support
of the LBPD drug enforcement operations.
3.
Mission.
To
provide one OH-58 helicopter at the LBPD for a period of 90 days after the
date of approval to be made available to the LBPD to conduct surveillance in
support of drug enforcement operations.
4.
Limitations.
a.
Usage of the aircraft will be limited to operations associated with the primary
mission as defined in paragraph 3 of this memorandum, opportunity training
at the duty site associated with the primary mission, and emergency life-saving
operations, such as a medical evacuation, should the on-board LBPD representative
deem it appropriate. Any variation to these uses must first be authorized by
The Adjutant General through the California National Guard, Counternarcotics
Branch, (916) 973-3638.
b.
Unless extended by The Adjutant General, the primary aircraft will be available
to perform missions as specified during normal daytime LBPD duty hours on the
dates specified in paragraph. Duty hours may be adjusted to accommodate special
mission requirements. c.
The aircraft shall only be used as an aerial surveillance platform and will
not be landed for the purpose of placing agents into an arrest site. The aircraft
and pilot will not be placed in a position of direct involvement in arrest
or seizure activities. The aircraft will not be used to transport suspects.
Transporting of contraband/evidence will only be authorized when the contraband/evidence
is under the direct supervision of, and accompanied by, a law enforcement officer.
d.
The California National Guard retains the right to recall the aircraft in the
event higher priority contingencies arise. e.
This Memorandum of Understanding is intended to identify the terms of the operating
agreement between the Chief of Police and The Adjutant General. Both persons
represent that they have the authority to obligate their respective agency
to the provisions of this agreement. f.
It is agreed that during the period of this agreement, the Military Department
will be solely responsible for any claims arising out of the injuries to, or
death of its own employees and that the LBPD will be solely responsible for
any claims arising out of injuries to, or death of, its own employees. It is
further agreed that LBPD will be responsible for obtaining the informed consent
of their employees prior to participation in any mission in which they will
be passengers on military aircraft. g.
LBPD shall defend, indemnify and save harmless Military, its officers, agents
and employees from and against any and all claims, demands, losses, or liabilities
of any kind or nature which Military may sustain or incur which may be imposed
upon them for injury to, or death of, persons or damage to property arising
or resulting from Military performing services or operations described in the
Agreement, excepting acts of active or passive negligence, or willful misconduct
of Military, its officers, agents and employees. h.
The form of consent will be as indicated on the attachment 5.
Policies
and Procedures.
a.
Air Transport of Official Personnel and Equipment. National Guard equipment
may be used for air transportation of law enforcement personnel and equipment,
and other government officials and employees essential to the conduct of operations
associated with the defined mission. b.
Exclusion of Nonessential Air Passengers. National Guard personnel and equipment
will not be used to transport news media or other persons not directly and
officially connected with the mission. c.
Certification of Passenger Eligibility. The senior LBPD officer or his designated
representative on site shall have authority to determine eligibility of passengers
within the guidelines established by this agreement. The National Guard Aircraft
Commander shall have preemptive authority to exclude passengers for any cogent
reason. d.
Use of Weapons In or Near Aircraft. If authorized passengers carry weapons
aboard aircraft, the weapon must be in the safety mode and no round in the
chamber. (Hammer on empty cylinder for revolvers.) Flares or other explosive
of incendiary devices or projectiles shall not be discharged from National
Guard aircraft while in the air or on the ground. National Guard pilots shall
be instructed that in the event of any hostile actions which could potentially
endanger aircraft, crew, or passengers, pilots shall immediately take the most
appropriate evasive and defensive actions, and shall not under any circumstances
employ the aircraft as an offensive vehicle. CS Gas an only be transported
upon approval of pilot and only when the air crew is equipped with protective
masks. e.
Control of Aircraft Operations. Prior to commencement of each helicopter operation,
the LBPD representative shall designate a single official in each aircraft
who shall have primary authority for establishing aircraft operations objectives
or modifying such objectives during the course of operations, and communicating
such objectives to the Aircraft Commander. The National Guard Aircraft Commander
shall have preemptive absolute and final authority over all aspects of flight
operations, including but not limited to: safety of aircraft, crew, and passengers;
determination of safe weather conditions; where or when to take off and land;
compliance with state and federal regulations; and other matters customarily
the responsibility of an aircraft commander. f.
Aircraft Crews. The National Guard shall assign for duty only qualified and
experienced helicopter crew members. The National Guard helicopter crew shall
consist of one pilot. g.
Communications. The Long Beach Police Department may install, without expense,
the National Guard communications devices to permit coordination with LBPD
ground or air units. The communications devices must not interfere with on-board
radios and must be approved for installation by a National Guard avionics or
communications technician. In the event aircraft substitutions are required,
the communications devices will be transferred to other aircraft by the LBPD.
h.
Aircraft Markings. Each National Guard aircraft shall be deployed with external
identification markings intact. i.
Pilot Safety Limitations. National Guard pilots shall abide by all appropriate
Federal and military regulations. AR 95-3, para 3-12, will provide crew rest
guidelines. j.
Rejection of National Guard Personnel and Equipment. LBPD will provide sufficient
security to the aircraft when it is in the Long Beach area to prevent unauthorized
access, tampering, or damage to the aircraft, if required. LBPD will provide
sufficient security to prevent unauthorized access, tampering, or damage to
the aircraft in the event the aircraft is required to remain at a LBPD facility
during nonduty hours. 6.
Terms
of Agreement.
The
terms set forth in this memorandum shall take place immediately upon signature
of the principal parties and will remain in effect until rescinded, revised
or suspended in writing.
____________________________
E.J.
BRIZZOLARA
Acting
Chief of Police
Long
Beach Police Department
Date
____________________
ROBERT
C. THRASHER
Major
General
The
Adjutant General
WAIVER
FORM
"I
understand that as a part of my employment with the Long Beach Police Department,
I may be transported in a helicopter operated by the California Army National
Guard in drug reconnaissance operations. I agree that any claim for damages
for injury which I or my heirs and successors may have is limited to those
provided by my employer through workman's compensation or similar sources since
the California Army National Guard is in the status of co-employee."
This
is not a waiver of injuries caused by gross negligence, or intentional acts
of misconduct of others.
SIGNATURE:___________________________
DATE:________________________________
______________________________
E.J.
BRIZZOLARA
Acting
Chief of Police
Long
Beach Police Department
Table
of Contents
Appendix
A
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