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R-2004-153 United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) Memorandum of Agreement (re: canine program)
RESOLUTION NO. R 2004 - 153 A RESOLUTION authorizing and directing the City Manager to execute a memorandum of agreement between the City of Yakima and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives for assistance with a canine accelerant detection program. WHEREAS, the high incidence of incendiary fires is a significant challenge facing the City of Yakima; and WHEREAS, a canine accelerant detection program can provide invaluable assistance in locating evidence from an arson crime scene; and WHEREAS, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") is willing to provide a trained canine and other support for a City of Yakima canine accelerant detection program in accordance with the terms and conditions of the attached memorandum of agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached memorandum of agreement with the ATF regarding a canine accelerant detection program, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YA]KIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Memorandum of Agreement Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Yakima Fire Department" for assistance with a canine accelerant detection program. ADOPTED BY THE CITY COUNCIL this 5th day of October , 2004. ATTEST: Paul P. George, Mayor %(, City Clerk MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF YAKIMA FIRE DEPARTMENT This Memorandum of Agreement (MOA) between the U.S. Department of the Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Yakima Fire Department (referred to throughout this document as the "Agency"), establishes the terms for participation in ATF's Accelerant Detection Canine Program (ADCP). The purpose of this MOA is to set forth the terms and conditions for the ADCP, the participating agencies' responsibilities and the terms and conditions for training and deploying an ADCP trained and certified canine to the Agency.. This MOA establishes guidelines for the services to be performed by the Agency, the training to be provided by ATF, and the requirements of the ADCP. I1. AUTHORITY In accordance with Public Law 108-199, Consolidated Appropriations Appropriation Act of 2004, ATF is authorized by Congress to train State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection. Continued by Public Law 11 1 08-309 Authority II. III. RESPONSIBILITIES a. The Agency will allow its designated handler to be trained in the ATF food reward methodology and participate in the ADCP. b. ATF will provide ADCP training to the Agency's designated handler. Upon successful completion of the course, the handler and assigned accelerant detection canine will receive ATF certification. ATF will provide annual recertification and when time permits, will provide in-service training for the handler and assigned canine. c. The Agency, in consideration for the ATF -provided training, will upon request by ATF, make the canine team available to ATF for nationwide National Response Team (NRT) activations and other significant investigations involving violations of Federal arson laws if the agency's Accelerant Detection Canine (ADC) team is available to provide such assistance. This consideration to respond to NRT activations, and other significant arson investigations, will be in effect for the 5 -year performance period of this MOA. IV. Terms and Conditions The following general terms and conditions will apply to ATF's ADCP and the Agency's participation in this program. a. ATF agrees to: 1. Provide the training facility for the ADC Team. The training will be conducted at the ATF Canine Training Center (CTC), 122 Cavalry Drive, Front Royal, Virginia. 2. Purchase the canine for the Agency, and pay the handler's lodging expenses Revised 2/2004 incurred during the initial 5 -week training session. ATF will also reimburse the Agency and/or canine handler for meal expenses at the current Federal government per diem rate and provide the Agency's canine handler with all necessary ADCP and canine related equipment and supplies during the initial training program, 3. Provide technical oversight during course curriculum development, training, recertification, and throughout the Agency's participation in the ADCP. 4. Provide the necessary ATF ADCP personnel, including a forensic chemist, to evaluate, test, and certify the canine for proficiency in detecting ignitable liquid odors. A chemist shall conduct all annual re -certifications. 5. Reimburse the Agency, in accordance with Federal travel regulations and ATF policies, for travel -related expenses incurred by the handler as a result of participation in NRT activations, or other significant investigations involving violations of Federal arson laws. ATF will not pay the handler's salary, overtime expenses, or other employment benefits incurred during the handler's participation in NRT activations or other significant investigations involving violations of Federal arson laws. b. The Agency agrees to: 1. Pay for the handler's salary, overtime, and employment benefits and ensure that the handler is covered by the Agency's insurance during the initial 5 -week training at the CTC, during all subsequent annual recertification and in-service training seminars, and for all activations supporting the NRT or other significant investigations involving violations of Federal arson laws. 2. Ensure that the handler is available for weekend training during the initial 5 -week training course at the CTC. 3. Make the canine team available to ATF for periodic in-service training and for a mandatory 1 -week annual recertification seminar. The Agency will incur all travel related, lodging, per diem, salary, overtime, and benefits costs for the ADC team during in-service and annual recertification seminars. 4. Make the canine team, upon request, available to ATF for NRT activations and other significant investigations involving violations of Federal arson laws. 5. Provide food, monthly preventative medication, and veterinary care (after initial training), including an annual physical and heartworm check, for the canine during its working life in the ADCP. 6. Continue to train and maintain the accelerant detection canine in the food reward methodology and protocols in which it is trained. 7. Provide, at its expense, a climate controlled full-time vehicle dedicated to the handler/canine team and suitable for the team's working environment. This vehicle will have air conditioning, heat and an installed prefabricated cage. 8. Require and ensure that the selected handler is responsible for the maintenance, training and handling of the ATF certified accelerant detection canine and no other detection canine during the term of the program commitment. 2 9. Ensure that the selected handler houses the accelerant detection canine in the handler's residence. The canine shall not be kept in an outdoor kennel or crated indoors on a continual basis. 10. Have available for its use a laboratory capable of conducting comprehensive analysis of ignitable liquids. The Agency will ensure that the laboratory prioritizes the examination of canine alert samples. 11. Provide to ATF all quarterly operational activity reports related to the accelerant detection canine. c. General Guidelines 1. All participating personnel shall comply with ATF regulations and policies during the 5 -week initial training course, the annual certification and in-service training seminars, and any NRT or other significant investigation activation: the Department of Treasury Use of Force Policy (Order # 105-12); the ATF Conduct and Accountability Policy (ATF Order #2130.1); the Department of Treasury Personal Property Management Directive (TD # 73-01), and the ATF Investigative Priorities, Procedures and Techniques Policy (ATF Order # 3210.7B), which includes supervisory controls. 2. If necessary, all participating personnel shall qualify with the firearms issued to them by the Agency, using and complying with the Agency's proficiency standards prior to attending training. All participating personnel will be prohibited from carrying firearms at the training site during the 5 -week initial training course, in- service training, and the annual certification. 3. All participating personnel who are specifically authorized to use ATF -owned or leased vehicles will be provided with policies concerning the use and care of Government-owned vehicles (GOVs). The vehicles provided by ATF to participating personnel may only be used for official Federal Government purposes. in addition to regulations and policies mentioned above, ATF will provide Department of Treasury regulation 31 CFR, Section 0.209 and ATF Orders 1850.1A, 1850.6A, and 3000.1E (specifically, Chapter C, paragraph 42. 4. Participating personnel will be provided with and made aware of ATF P 2130.1 (August 1997), entitled Standards of Ethical Conduct for Employees of the Bureau of Alcohol, Tobacco and Firearms. This includes the Federal Employee Responsibilities and Conduct (5CFR Part 735) and the Department of Treasury Employee Rules of Conduct (31 CFR Part 0), particularly with respect to nondiscrimination. While all personnel shall be subject to the regulations and guidelines issued by their employing agency, personnel actively participating in the ADCP or in response to criminal activity under the direction and control of ATF will also be subjected to these rules of conduct. V. Effective Date, Modifications, and Termination This MOA is effective upon the date the last party signs below. Any modification or amendments of this MOA must be in writing and will not be enforceable until signed by all parties. Nothing herein is intended to conflict with current ATF, Department of the Justice, or the Agency's directives, rules, or regulations. The performance period of this MOA shall commence on the first day of the 5 -week initial training 3 at the CTC and end upon retirement of the ADC team from service, or, in essence, the working life of the canine. The working life of the canine is estimated to be 5 years after completion of training, however, this period may be extended at the discretion of ATF and the Agency. ATF will not recertify any canine that has reached nine years of age. Should the Agency elect to terminate its participation in the ADCP within 1 year of completion of training, ATF will have the first option to reclaim the canine and provide it to another Agency for implementation into the ADCP. ATF reserves the option to reclaim the canine, if during the first year after training, ATF determines that the canine and/or handler are not performing within the standards and protocols of the ADCP, or if the canine has not received proper care as specified by the ADCP training staff. Upon reclaiming the canine, ATF will have the option of providing the agency with a replacement canine. 1t is understood by both parties that ATF reserves the right to deem the canine unsuitable for retraining, and if the handler declines to adopt the canine as a family pet, ATF will determine the canine's final disposition. At the conclusion of the first year after training, the canine will become the Agency's property. if the handler is reassigned after one year, the canine should be retired with the handler as the ATF ADCP will not retrain or recertify a canine over three years old with another handler. Upon conclusion of its working life, ATF recommends that the handler adopt the canine. Dick Zais City Manager CITY CONTRAC r NO AO145 ® RESOLUTION NO: /1D 1p53 Assistant Director (Enforcement Services and Programs Division) Bureau of Alcohol, Tobacco, Firearms and Explosives /0-'7-o[ Date Assistant Director (Manag : ent)/CFO ' ate `ii reau-of Alcohol, Tobacco, Firearms and Explosives Marguerite R. Moccia 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. /D FOR MEETING OF: October 5, 2004 ITEM TITLE: authorizing and directing the City Manager to execute a Memorandum of Understanding between the City of Yakima and the United States Bureau of Alcohol, Tobacco and Firearms for a Canine Accelerant Detection Program SUBMITTED BY: Dennis Mayo, Fire Chief CONTACT PERSON/TELEPHONE: Brian Schaeffer, Deputy Fire Chief 575-6079 SUMMARY EXPLANATION: The proposed resolution authorizes and directs the City Manager to execute a contract between the City of Yakima and the Bureau of Alcohol, Tobacco and Firearms (ATF) for a Canine Accelerant Detection Program (CADP). The high incidence of incendiary fires is a significant challenge facing the City of Yakima. The identification, investigation and conviction of the crime of arson are priorities for the Fire Department. Extracting and processing evidence from the crime scene becomes essential for developing evidence needed to secure prosecution. The Canine Arson Detection Program addresses the goal to have a more accurate, credible and mobile accelerant detection resource at a minimal cost to taxpayers. In Clark County Nevada the Arson Canine made arson probes much easier for the department investigators, shaving anywhere from five to twenty hours off an investigation. The Clark County Canine Accelerant Detection Program investigated approximately 250 fires, resulting in 15 arrests with 100 percent conviction rates. Clark County conviction rates are exemplary and directly attributes to canine detection due to the fact that fire consumes the composition of the evidence. Costs for canine handler certification and special pay are estimated at $5,400. Yakima Vet Center and Petsmart have offered medical care, food and supplies to the canine unit. Fire Investigation budget will absorb cost of canine accelerant detection. Resolution X Ordinance Contract Other (Specify) Funding Source: Within current hudaet APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt proposed resolution, BOARD RECOMMENDATION: City Council Public Safety Committee has considered and recommends the proposed agreement with the Bureau of Alcohol, Tobacco and Firearms (ATF) for a Canine Accelerant Detection Program. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-153 - and s -f - I S3 Io -S -oy ACCELERANT llL,TECTI\G CANINE, PROGRAM AN OPPORTUNITY FOR LHADHRSHIP, PARTNH.RSHIP AND RI- GIONALIZATION ATF SEPTEMBER 2004 PREPARED BY: BRIAN SCHAEFFER, YAKIMA FIRE DEPARTMENT TABLE OF CONTENTS Executive Summary 3 ATF's CADP Program 4 Proposed Budget 10 Exhibit A 11 Exhibit B 15 Exhibit C 16 Exhibit D 17 Page 2 of 19 EXECUTIVE SUMMARY Between January 1 and September 9, 2004 Yakima Fire Department (YFD) has investigated over 240 arson -related fires in the City that may be responsible for several injuries, near -deaths and approximately $25 million in reported property damage. Exhibit 'C' helps to demonstrate the gravity of the problem in graphic detail of 2004's year-to-date suspicious or arson cases as displayed on a Yakima City map. These statistics are recorded in YFD's records management system which is shared with the National Fire Incident Reporting System and ATF's Explosives (and Arson) Incidents System (EXIS) database. SSON31ON OO 3Nn i iia SSO831ON 00 3NI1321 ND7 CRDSS FIRE MI DU In furtherance of its enforcement goals and to address the increasing threat to public safety in this country, the Bureau of Alcohol, Tobacco and Firearms (ATF) has committed to establishing enforcement support programs designed to expand and amplify the investigative capabilities of its field personnel, as well as local Fire entities. The Canine Accelerant Detection Program (CADP), with its scientifically validated methodologies and protocols, is one such initiative that YFD would like to capitalize on. Arson is one of the most difficult criminal offenses to establish because most cases are based largely on circumstantial evidence. Generally, there are no witnesses and the fire consumes the composition of the evidence. Extracting and processing evidence from the crime scene becomes essential for developing evidence needed to secure prosecution. Exhibit 'D' is a table showing YFD's 2004 Arson Control Measures which help strategically manage a multi -faceted program to combat our Arson problem—the CADP is an integral part of the plan. The CADP addresses the YFD's immediate need to have a more accurate, credible and mobile accelerant detection resource than currently available by our electronic field detection devices at a minimal cost to taxpayers. Exhibits 'A' and 'B' are examples from two of ATF's sixty (60) programs which recently were in the media and demonstrate the program's effectiveness. Page 3 of 19 ATF'S CANINE ACCELERANT DETECTION PROGRAM In a 1984 pilot program, ATF trained the first accelerant detection canine, a yellow Labrador Retriever named "Nellie," to explore the feasibility of this new detection system. The results of this study were subsequently submitted to the American Academy of Forensic Sciences. In May 1986, the first operational canine, "Mattie," began training in conjunction with the Connecticut State Police (CSP) and was field operational by September 1986. Both canines were acquired from guide dog foundations. Based on the findings of this pilot study, the National Canine Accelerant Detection Program was established. Since the inception of the program, ATF has trained and certified accelerant detection handler/canine teams that operate throughout the United States with State and local fire departments, police departments, and fire marshals' offices. These teams are available for deployment on ATF National Response Team (NRT) activations and other significant ATF arson investigations. A brief, less comprehensive explanation of program focus areas, training procedures, methodologies, and certification standards are described below. ATF'S CADP FOCUS AREAS ATF's study of the feasibility of imprinting a canine with an accelerant odor identified the following focus areas, which are an integral part of ATF's CADP success: 1. A Canine can be conditioned to respond to accelerant odors. The initial stage of training involves imprinting the canine with the accelerant odor through classical conditioning. A positive response, or "alert," by the canine to the presence of an accelerant odor is indicated when the canine sits. This is reinforced by a food reward from the trainer. The target odor selected for training is 50 percent evaporated gasoline, which closely approximates the evaporated gasoline encountered at many arson scenes. Once the canine is conditioned to detect gasoline it is trained on other accelerants. A sample of the evaporated gasoline is placed in a perforated container to allow the canine access to the vapors. As the gasoline evaporates and changes composition, it exposes and conditions the canine to a collection of gasoline odors and compositions. Once conditioning is complete, blind tests are conducted to establish that there are no false positive or false negative responses. 2. A canine can respond to an accelerant odor with greater sensitivity than current field accelerant detection devices. ATF research has shown that a canine's olfactory and discriminatory capabilities are more sensitive than the standard field accelerant -detection machines used by arson Page 4 of 19 investigators. The CADP provides a more effective detection system than mechanized field detection instruments, such as hydrocarbon detectors. An additional limitation in field accelerant -detection instruments is that many classes of compounds used as accelerants are naturally formed as a result of the fire chemistry that occurs when a synthetic material burns. Plastics, for example, are naturally composed of hydrocarbons, which may also be found in many accelerants. During the burning process, the plastic changes chemical composition, or undergoes pyrolysis, to form individual hydrocarbons that are detected by all field accelerant - detection instruments available. This results in a false positive indication to the presence of an accelerant. The arson investigator requires a detection system that differentiates between products of pyrolysis and true accelerants. ATF -trained CADP canines offer this capability. 3. A canine can differentiate between accelerants and similar chemical gases normally present at a fire scene. CADP-trained canines are subjected to discrimination training so that they can learn to differentiate between pyrolysis odors and accelerant odors. The CADP conducts blind tests to ensure the canine is able to detect the target odor without alerting to other odors present. This is achieved by subjecting the canine to repeated training repetitions on a four -can circular matrix. The matrix contains various configurations of gasoline and pyrolized material. The canine is rewarded when it alerts to the can containing the accelerant sample. Following repeated exposure to this training paradigm, the canine will be capable of discriminating between the pyrolysis odor and the pyrolysis odor plus the accelerant. The training process is verified when the canine alerts on the proper can with no false positive alerts. ATF conducts yearly recertification seminars to ensure that the canines continue to detect accelerants in a working environment. Previously processed fire scenes are used to test the canines' operational and odor recognition capabilities. TRAINING METHODOLOGY The training methodology is based on a food reward system, utilizing classical response conditioning wherein the canine is rewarded with food when a successful detection or "alert" is accomplished. The food reward conditioning method was chosen over several alternative methods because it offers the following three advantages: 1. Speed of Training - The canines are subjected to many training repetitions in the course of a workday by metering out small portions of food, thus working the canine for longer periods of time. This is difficult with other reward systems, such as those relying on praise or play. Page 5 of 19 On a normal training day, ATF canines train with 125 repetitions of smelling accelerant odors. If a canine trains 125 repetitions a day, it will have trained 45,000 times a year. 2. Stronger Stimulus - The canines are never fed without exposure to an accelerant odor. This conditioning stimulus is based on a strong motivator --food. This allows the canines to train and work for longer periods in more demanding environments. 3. Multiple Handlers - The canines will work with any trained handler who will feed them. This is a distinct advantage over the widely used "bonded team" because the canine can work effectively with a properly trained alternate handler when the regular handler is unavailable. CERTIFICATION STANDARDS Canines train with their handlers for 5 weeks. Evaluation at the end of the training period utilizes blind testing procedures. ATF's National Laboratory provides technical and scientific oversight throughout the training and certification process. Each ATF CADP canine must pass the laboratory certification test in order to receive ATF certification. This pass/fail standard ensures the proficiency of the canines and maintains the integrity of the CADP. To date, every handler/canine team entered into the ATF CADP has successfully completed the entire training program and has received ATF certification. These impressive results are due in part to the excellent quality of canines procured from the guide dog foundations. ANNUAL RECERTIFICATION Validating the canines' proficiency is of the utmost importance. Therefore, ATF hosts a mandatory annual training/recertification seminar for each ATF CADP-trained canine team. During this seminar, the team's proficiency is tested (recertified), and the handlers are required to produce their training logs from the previous year. These seminars include formal training on the latest advances in canine health and safety, as well as legal updates, practical field exercises, and formal testing. THE BREED OF CANINE Various breeds of canine, classified as working dogs, are used in law enforcement throughout the world. The only breed of canine used by the CADP for accelerant detection is the Labrador Retriever. This breed is hearty, intelligent, can readily adapt to changing environments, and possesses a nonaggressive disposition that is necessary for the required work. Volunteers, called "puppy raisers," raise the dogs from 8 weeks of age until they are approximately 14 months old. These families give their time, love, and homes to socialize the puppies. When the CADP receives a canine from one of the guide dog Page 6 of 19 foundations, it is housebroken, spayed or neutered, has received all its vaccinations, and has a clean medical history. TERMS AND CONDITIONS OF PARTICIPATION IN THE CADP State and local agencies wishing to participate in the CADP must officially apply to the Bureau of Alcohol, Tobacco and Firearms. Selections will be made based on the geographical location and workload of the requesting agency and the qualifications of the proposed canine handler. Upon receipt of the application, ATF will forward an acknowledgment letter to the agency, which will include the date that the CADP agencies will be selected, the date of the training class, and the number of handler/canine teams that will be selected. Upon selection, ATF will forward a Memorandum of Agreement (MOA) that outlines the selected agency's and ATF's responsibilities and terms and conditions of participation in the program. ATF will purchase the canine for the Agency and pay for the travel, lodging, per diem and miscellaneous expenses associated with the 5 -week training class. The following terms and conditions will apply: ATF will: • Provide the training facility for the CADP. The training will be conducted at the ATF Canine Enforcement Training Center (CETC), 828 Harmony Hollow Road, Front Royal, Virginia. • Provide technical oversight during course curriculum development, training, and throughout the Agency's participation in the CADP. • Provide a forensic chemist to evaluate, test, and certify the canine for proficiency in detecting accelerant odors. The chemist shall conduct all annual recertification. • Reimburse the Agency for travel -related expenses incurred by the handler as a result of participation in a NRT activation. ATF will not pay for the handler's salary, overtime expenses, or other employment benefits incurred during the handler's participation in an NRT activation The Agency will: • Pay for the handler's salary, overtime, and employment benefits and ensure that the handler is covered by the Agency's insurance during the initial 5 -week training at the CETC, as well as during all subsequent annual recertification seminars, in-service training classes, and NRT activations. • Ensure that the handler is available for weekend training during the initial 5 -week training course at the CETC. • Make the canine team available to ATF for a 1 -week annual recertification seminar. The Agency will be responsible for all travel -related costs incurred by the handler/canine team during this recertification seminar. • Make the canine team available to ATF for NRT activations. • Provide food and veterinary care (after initial training), to include an annual physical and heartworm check, for the canine during its working life in the CADP. • Continue to train and maintain the accelerant detection canine in the food reward methodology and protocols in which it will be trained. Page 7 of 19 • Provide, at its expense, a full-time vehicle to the handler/canine team suitable for the team's working environment. General Guidelines: • While all personnel who participate in the CADP will give primary consideration to the regulations and guidelines imposed by their own department/agency, they will be mindful of those imposed on their personnel by other departments/ agencies. • All personnel who participate in the CADP shall comply with ATF enforcement policy regarding the use of firearms, financial and property controls, investigative techniques, and supervisory controls, during the 5 -week training course, annual recertification seminars, and NRT activations. • When applicable, all personnel who participate in the CADP shall qualify with their respective firearms, using and complying with their own department's/agency's firearms proficiency standards. • State and local law enforcement officers who participate in the CADP will be made aware of the Treasury Department's Use of Force Policy. • All CADP participants who are either assigned or may occasionally use ATF - owned or -leased vehicles will be made aware of ATF policies concerning use and care of Government-owned vehicles. ATF vehicles may only be used for official purposes. • All CADP participants will be made aware of the Department of Treasury's Standards of Conduct, particularly as they relate to sexual harassment, EEO and liability issues. FRONT ROYAL CANINE TRAINING FACILITY ATF has joined in partnership with the U.S. Customs Service to utilize the 250 -acre Canine Enforcement Training Center (CETC), in Front Royal, Virginia, to accomplish its training objectives. ATF is in the process of constructing training and kennel buildings on the compound. ATF's offices and training building will facilitate the accelerant detection canines' intense training regimen and will enable the CADP to train indoors during inclement weather. The well-equipped, state-of-the-art kennel will house 150 canines. CONCLUSION The Canine Accelerant Detection Program was designed to incorporate all the support systems necessary to maintain the integrity of the program and provide other Federal, State, and local law enforcement agencies with the most dependable, durable, and mobile accelerant detection system available today. The CADP incorporates the research and development of the ATF forensic laboratory and the technical expertise of ATF canine trainers, forensic chemists, and special agents into its training regimen. This produces a final product capable of assisting the fire investigator in the efficient and expeditious recovery of samples for subsequent submission to the laboratory for accelerant analysis. The CADP recognizes that a canine's indication (alert) to the presence of an accelerant is only one of the many resources available to the investigator in determining the origin and cause of a fire. The canine's indication must never be the sole basis for identification of a particular accelerant material but must be followed by a thorough Page 8 of 19 laboratory analysis of the collected sample. Because of the sensitive nature and significance of this investigative tool, ATF devotes additional resources to complement the handlers in the field. These resources include laboratory analysis, Certified Fire Investigators, National Response Teams, Fire Protection Engineers, the Explosives (and arson) Incidents System (EXIS), automated audit and major case oversight assistance, profiling, and polygraph examinations. Access to these resources would be an invaluable asset to YFD and all are vital parts of a successful prosecution. Page 9 of 19 PROPOSED FUNDING AND BUDGET Cost Center $4,000.00 $3,500.00 $3,000.00 $2,500.00 $2,000.00 $1,500.00 $1,000.00 $500.00 a Qa e° b� e°�a ��� •sa;. �� a Je QV yec Qy �<e G` •SG Fay Q� a° vc3` \,'in dee ��°� FAQ ��ce GP °°a Ss ee". �6ea a���e Feee (4c6.v P,�� c��a ��P�\0�5 kQ���J ��4���+Q� ,\Q^ 0Q 0J Proposed Budget Actual Annual Cost TRAVEL: Initial five week training course in Virginia 500.00 SALARY: Special Pay 2,400.00 OPERATIONS: In service and one week recertification $ 2,500.00 OVERTIME: Use of Canine, off duty for City Incidents $ 3,500.00 ATF NRT Commitment 2,500.00 VETERINARIAN: Fees for canine maintenance $ CAPITAL: Vehicle EXPENDABLES: Canine food and supplies $ Estimated Total $11,400 Page 10 of 19 EXHIBIT A Arson Dogs Kelly Andersson, Contributing Editor, Wildland Firefighter Magazine © 1997 Wildland Firefighter Magazine and Kelly Andersson. Republished by permission. Wildland firefighters often fight fire with fire, but fire investigators around the country are fighting arson with K-9 units. Oregon has two arson dogs on duty. Charlotte is a 7 -year-old black Labrador retriever handled by Capt. Greg Keller of the Portland Fire Bureau. Deacon, a 5 -year-old black Lab, is handled by Det. Mark Merrill with the Oregon State Police (OSP) arson/explosives section. Merrill and Deacon teamed up in the spring of 1994 when Merrill flew to Connecticut for training; the Bureau of Alcohol, Tobacco, and Firearms (ATF) works with the Connecticut State Police on the arson dog program. Why would anyone sign on for a five-year contract as an arson K-9 handler? "I didn't know what I was getting into," laughs Merrill. He explains that the food -reward system used to maintain skills in the detection of accelerants -- flammable liquids -- requires a serious commitment on the part of the handler. "Most drug dogs in Oregon are on a toy -reward system," he says. "They're rewarded with a tennis ball or a sock or something. The food reward system, though, is the way Connecticut has always trained their dogs, and I have a five-year contract with ATF -- seven days a week for five years. The only way that Deacon gets fed is if he finds something. He eats only out of my hand." Schooling begins weeks before the dogs and handlers are buddied up. A trainer directs the dog's attention to a small tin lid containing two drops of 50 percent evaporated gasoline. The dog then gets a few chunks of food, and quickly learns to associate the smell of gas with food -- his job in life is now to find traces of gas or other flammable liquids. When the handlers arrive for the five-week team sessions, the dogs are taught "primary alert" and "secondary alert." When a dog finds accelerant, he's supposed to sit -- that's primary alert. Secondary alert is the dog's change in attitude -- salivation, excitement, and attempts at eye contact with the handler. Other accelerants are then introduced, and handlers hide a drop or two in cracks in cement, on stairways, or in chipped asphalt. At home with Keller and his wife, Charlotte is just a pet. "I don't train her at home," he says. "On my days off, I go to a fire station to train her -- so she separates home and play from work. She's spoiled, though -- I tell people I'm with Charlotte more than I'm with my wife." The accelerant detection K-9 training program was launched in 1985 under a collaborative effort of ATF, the New Haven State's Attorney's Office, Connecticut State Police Forensic Science Lab, Bureau of the State Fire Marshal, and the Emergency Services Division's K-9 Unit. Dogs from this program are better able to find accelerants on a fire scene than humans with electronic detection devices. Hydrocarbon detectors are sensitive to gasoline components in the parts -per -million (ppm) range. These detectors, according to fire investigator Dean Bundy of Bundy, Gale, Shields in Portland, Oregon, resemble a flashlight with a wand on it. Page 11 of 19 "It has a little vacuum in it that sucks in the vapors as you run it across the floor," he says "It gives you a reading and tells you if it's light or medium or heavy fuel What it doesn't tell is whether it was there prior to the fire " Dogs, though, can pinpoint traces that escape electronic detection In an independent study in Illinois that was designed to determine the smallest amount detectable by the dogs, they found 01 microliter of 50 percent evaporated gasoline 100 percent of the time "They can find it if they look," says Merrill, "but we don't want them searching for something that minute A drop is the smallest I use on Deacon The crime lab explained to me that a 01 microliter sample is about the size of a thousandth of a drop " The program is built around the lab analysis of samples taken by investigators after the dogs key in on the location of residual accelerants on a fire scene. Despite the dogs' inherent ability to locate accelerants, lab analysis of samples is the key to the program's success. "There are kind of two camps on the dogs' use," says Sgt. Jeff Howard, arson section manager with OSP "The Connecticut State Police and the ATF have stressed the party line from the beginning -- the dog is just a tool Period He who uses the dog as an expert without lab confirmation is a fool." An arson dog is no ordinary tool, however They live to find traces of flammable liquid, and have been invaluable on arson investigations. When called out to a fire scene, the dog and its handler go right to work. "Deacon sits and puts his nose down on the strongest odor," says Merrill, "which tells me where to take samples from On the seek command, he'll search an area or a room or a wall or whatever I direct him to There are other programs in the U S., but the ATF and Connecticut dogs are superior at finding the exact spot. If someone threw gasoline all over a room, for example, Deacon's job is not just to find the proximity, but to alert to the strongest place We then take that section of carpet or floor and put it in a can and line it up with other cans We then run him by the can again to confirm that we have something there that's going to the crime lab " Most of the pre -dog samples that OSP was sending to the lab were running below 50 percent on positive results, says Merrill After Deacon came on board, that rate jumped to above 90 percent for positive accelerant readings Keller says the Portland Fire Bureau, too, is taking fewer but more accurate samples than they were prior to adding Charlotte to the arson team Labs use gas chromatography to determine substances, according to Bundy "They heat the sample, and it creates a headspace of vapor in the can. Then they draw off a sample of the vapor with a needle and insert it into the chromatograph," he says "That will give them a reading on what the volatile is. There are signatures for nearly every vapor, but it's difficult to be specific Some labs use mass stectrometry, and they can come closer to identifying the elements within the vapor " Keller occasionally works with national response teams. Part of the trade-off with ATF sponsorship of the dogs, he says, is that the dogs and handlers remain available to assist ATF in working with one of the four national response teams "Whenever a local fire department calls in and requests assistance from the ATF, they'll send in a team," he says. "It's a 20 -some -person team including origin and cause investigators, a polygraph examiner, an explosives person, a crime lab person, and a dog and handler. The ATF agents pair up with local fire and police on an investigation " Deacon was a guide dog for the Guide Dog Foundation in Smithtown, New York. Dogs that don't make it through the foundation's program for one reason or another are sold to the ATF for $1,000 "The foundation is understandably picky about their dogs," explains Merrill. "In Deacon's case, they couldn't break him from rabbits." "He flunked out," says Howard, "because he had this tendency to take off after varmints, which can be a problem for a blind person on the end of a harness " Charlotte, too, flunked out of the guide dog program She's technically a police dog, because Portland Fire Bureau employees are cross -trained as police officers. "She's not the obedient German Shepherd Page 12 of 19 patrol dog that people usually think of," says Keller. "She'll sit and stay and lie down, but her attention span is that of a 2 -year-old." Trainers in recertification testing use a daisy wheel setup to teach the dogs to differentiate among substances that are typically found on a fire scene. "This daisy wheel uses two -by -two boards with gallon cans on the ends," says Merrill. "Inside the cans is a whole collection of things they might find on a fire -- soaps, blood, skin, burned foam rubber -- everything. We train them on the wheels, and if they're interested in an odor that's not an accelerant, they aren't rewarded. A lot of the scents are close, some items like polyurethane plastics and foam rubber cushions will change chemically in a fire, and the scents are almost identical to gas. Somehow the dog knows the difference -- no one's sure how they do it. At the school they are exposed to several different fuels -- Coleman fuel, diesel, lacquer thinner, gas, and charcoal lighter fluid. It depends on the maturity of the dog, but some of them will alert to 20 different things." Deacon's claim to fame is the $4 million Rainier High School fire. "The detectives asked for the dog and I went up there," recalls Merrill. "The roof was on the floor, and it ranged from several inches to several feet of debris on the floor of the school room. Deacon alerted within a few seconds. We took samples and they all came back positive. Dogs are very valuable on a fire like that -- as an investigator you're scratching your head, because you could spend days and days and days picking up stuff and smelling it, but the whole time you're losing evidence because of dissipation." Greg Keller practices canine resuscitation on a dummy "resusci-doggie." Though Deacon has quite a reputation, he does experience an occasional misfire. "We worked with him on a structural fire not too long ago," says Howard. "We had to get Deacon up in an attic, and he did not want to come down." "They can help us process a scene and eliminate the possibility of accelerants in a shorter time," says Howard. "Or they can help us zero in on an area that we need to look at a little harder. If an accelerant is used, it oftentimes is not detectable to our noses, and the fire appears to have progressed normally. Once Deacon alerts to an area, though, you can send it to a lab and find out. He really likes to work, and when he comes onto a scene you get everybody out of the way and follow his lead." Deacon is so well known in Oregon fire circles that Merrill has nearly become anonymous. "I've kind of lost my identity," he says. "I have people all day long come over and pet him and say hi to him. They ask if it bothers me that he gets all the attention. I tell them no, I handle it quite well -- I have two psychiatrists who are really helpful. People call up here looking for me and they have to apologize and say, 'I don't know the guy's name, but he has this dog called Deacon."' "Once he's working," says Merrill, "it's pretty difficult to distract him. I learned a lesson one day with the food reward; I did a fatal fire over on the coast, and I parked my vehicle at a gas station and put my food pouch on. When he sees that he gets attentive. Well, I got him out of the vehicle, not realizing that I was in the service station parking lot. He nearly dislocated my shoulder on his way out of there -- he went and sat down on the lid where they fill the tanks like he'd found the motherlode of gasoline." Page 13 of 19 Both handlers and dogs must attend recertification once a year Merrill says its helpful to compare notes with other handlers, but that the sessions can be rowdy. "You can imagine 48 dogs all together at one hotel," he says. "Each of them wants to get to know the others, and there are always two or three that are really dominant. You have to keep your dog away from them, or the fight's on They get off the elevator and they all want to say hi, and they get on the elevator and they all want to say hi. They're tugging and pulling all day long It's chaos." Charlotte and Deacon serve the entire state of Oregon at no cost to the departments who sponsor them, thanks to the generosity of Aetna Insurance Company and the Oregon Council Against Arson Pete Norkeveck, chief of investigations for the Oregon Department of Forestry (ODF), was once a K-9 officer with a sheriffs department in New England He explains that ODF works cooperatively on arson investigations with OSP "The dogs' ability to detect accelerant is invaluable on a fire of suspicious origin," says Norkeveck. "We bring in a K-9 team on most any wildland fire situation we can. The dogs are far more reliable than electronic detection -- a dog is worth three times its weight in gold " He says the K-9 units have helped clear cases, and they're a wonder to watch "I've seen the way Deacon works with his handler, and I've worked off and on with a half dozen teams. He's the best I've ever seen " "They're tremendously underpaid for the value they provide," he says "What the dog brings to an investigation is beyond what we humans can imagine " He says both dogs were used during last year's fire season, and that they made tremendous contributions to clearing cases "There's not a better way to clear them," he says "For someone using accelerants, their worst enemy is this dog " Photo credit: Greg Keller, Portland (Oregon) Bureau of Fire, Rescue and Emergency Services. Page 14 of 19 EXHIBIT B ATF News Contact: Patrick Berarducci March 8, Michael D. Wilson Senior Special Agent/P10 2004 Warsaw Fire Marshal 614.496.4518 574.372.9502 Source: Bureau of Alcohol, Tobacco, Firearms & Explosives FOR IMMEDIATE RELEASE HAVE DOG WILL TRAVEL WARSAW -IN When the phone rings, Warsaw, Indiana Fire Marshal Michael Wilson and his partner, Bailey are ready to respond anywhere in the country. This time it just happens to be in Shipshewana, Indiana, the scene of a $5 million dollar commercial fire that destroyed the city's landmark hotel and brought help from around the country. Mike Wilson and Bailey, a two and a half year old black Labrador retriever, are part of the prestigious National Response Team (NRT) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). They were called by local authorities to help investigate the fire that destroyed the Davis Mercantile Building on February 28 in Shipshewana. As part of the NRT, Bailey and his partner respond within twenty-four hours to any location in the country where their assistance has been requested, to join with other NRT members and begin their work. Bailey and his partner joined the team as part of ATF's Accelerant Detection Canine Program (ADCP) after having graduated in December 2003 from a 5 -week training course at the ATF Canine Training Center in Front Royal, Virginia. Special Agent Andy Anderson, the Special Agent in Charge of the ATF National Response Team sent to Shipshewana said, " We are especially pleased to have Bailey and Fire Marshal Wilson as part of the ATF family and look forward to continuing to work with them for years to come. Mike and Bailey are both committed professionals and their assistance is greatly appreciated." ATF began training Accelerant Detection Canines (ADCs) in 1986. These specialty canines are trained to detect a variety of ignitable liquids that could be used to initiate a fire. The Accelerant Detection Canine Program (ADCP) is available to State and local law enforcement / fire service agencies who meet various criteria and are willing to commit to a 5 -year memorandum of agreement. Handlers attend a 5 -week training course at the ATF Canine Training Center in Front Royal, Virginia, and then return to their respective departments to begin working operationally. The ATF National Response Team on fire -related callouts utilizes these teams. Bailey and his partner, along with all ATF ADC teams are recertified on a yearly basis. Currently, there are approximately 60 canine teams across the country participating in the ADCP. Qualifying State and local law enforcement agencies can receive accelerant or explosives detection canine training free of charge. If you would like more information about the ATF National Response Team, the Accelerant Detection Canine Program and Bailey visit www.atf.gov. Page 15 of 19 EXHIBIT C --- i • I 1 .„ _I .,..,1 • -. • ...,, a __. , _ ../ ".---1,,,- ..„.1, or! "!' , ! !; ..._ 1- or ! i!! ! • _ ! • ' ,..431,--1. .7! — IV . • • _ - 1 , _. •• \ - , -- ; ; ..; :, 1 --s\J v? I . 1,-,_,_ ./I _; , ---._ -‘ - --•17-• ; 1 ; lot! --I ;'-7; !......;Zi"...:.‘ ' F"--1, '2: --;1 !w lotil' !--111---! \ 'w 741"4.'4.,! ..);' 7 _ _ .,,,-, .-7.- k. !--.....:. — —t i • H ' --- 7-1 —11 4— — • • -40Po _._. 1 . 7 .--• — • • • -:---,.." \ -1.__L : fir - • -- 77 I • r" '•—• i , , ,—• - ...:11, 1 — • 1_ _ ; .11.4 t„..•;''' • n . •:!1•41.-- 4 ! . ;-•... s. - I ,I.— • , 7 . _ ; iiii ;.::,! 1 ';;! ! — ill— r-`•• -- 71!.. ,.- • k. , N. "4. : ' ; ;;;„ • , --I; i• - ,- -1-- ,--ii (..._ -• 1 1. 1.„, L13,, •-- ----• .----, 4°, ‘.' V \ ..L- ' , :10- I—- . __ '7l'I ; ;14III I I,I1 ' . I-- ' Il I? 1=c1 I, ---:•=1 j41_ -- • — ig 7 0 — F.,. --- I — ' — -AO • --- • --• 4141 ; ' ! ! ; • 17_ All •S 4 1 ___.. i i -- • A I ; --- i • _• Ht -:••• ---- '-- • --- •=" 2.-- --;! '._. _. • ;• iii„ H I- 1 = 7: . - ,_ ' ; : --; •-' I ! I ! ; ill 5 I - 1 1 1 i -- ..--,....;--4.. --1- • - — • 10-.11 ' " 7 7 1?1 .---. I ---M — I• • 0- - -- — • -- • • ; _ •.•--- -- — 7..7_ IIIIIiIII„ ,..-: 1-...• ._ . 1 _ '- j . ; ••• ,..--- -.1-:- -17--t17:211-111 I I 1 I le.:1--.....- ,,.. • !IIIIiii ..1 _ _ • I i ---- - _ ... -- — --.!--:• . ••-• • s I 1___ Legend City Limits • Arsons 1 - - • • 0 • N i EXHIBIT D Page 17 of 19 Issue Key Activity/Requirements Desired Outcome Start Date Impact Date Contribution to Tar•et/Aim/Comment • Assess/explore the relationship between car gangs & malicious fires. • Would include local data work with insurers, police & fire— work is developmental Would enable targeting of arson intervention policies & would feed into the database. Aim of reducing incendiary fires by 30% in one year. 7/04 Ongoing Correlation between fires & gang activity means that success in achieving goals on reducing gang crime would have corresponding benefits in reducing incendiary fires. Arson Prevention Program: Gangs & malicious fires Overall requirement to quantify the proportion of deliberate fires attributable to a particular motive. Stage 1 will involve a literature review covering fire; police & psychiatric reports & any unpublished work carried out at a local level. The review will identify & evaluate relevant research findings & methodologies, highlighting where current research is lacking & make recommendations accordingly. Stage 2 will follow up the Stage 1 recommendations Different motives require different prevention/deterrence approaches. Enables targeting of arson intervention policies. 9/04 01/05 Enables targeting of fresh arson intervention/deterrence initiatives. Arson Prevention Program: Motivation of arsonists Page 17 of 19 Arson Prevention Program: Juvenile Fire Validation of YFD Juvenile Fire Setting Coalition intervention schemes. Production and validation of guidance & examples of best practice for Fire Departments undertaking The majority of those cautioned or found guilty of arson are male juveniles aged typically 10-13 years. Setting Requirement is to assist in firesetter intervention 8/04 12/04 This is an area of particular Intervention validation of the Juvenile Fire schemes concern & most Fire Schemes Stopper Coalition Departments undertake some form of juvenile firesetter intervention/education program. Success would contribute to reducing fires Arson Ascertaining why certain cases Detailed feedback will 11/04 Ongoing There is confusion at Prevention are discontinued before enable valuable lessons to grassroots level within the Program: reaching the Courts and the be learned and police and fire services why Unsuccessful reasons for unsuccessful investigation and detection certain cases were Prosecutions prosecutions. Work could involve: - • Analysis of reasons why cases were not proceeded • Interview selected police department/Legal personnel techniques to be improved. discontinued. Improved investigation & detection means that success in achieving goals on reducing crime would have corresponding benefits in reducing fires • Produce draft report for consideration by YFD Staff Page 18 of 19 Arson Prevention Program: Select a seasoned, committed and commissioned Investigator to Apply to ATF for the CADP with the intent of implement- ation of the program. Arson Prevention Program: Development of Better Measurement of the Impact of Arson Prevention Measures. Better performance measures that are being developed for the fire service will assess the impact of prevention work across the board but lower level indicators are required to assess to what extent (and how well) arson prevention measures are being delivered. Establish a CADP Program and investigate all fires for accelerant use and increase level/success of prosecution of the crime of Arson. 12/04 ?/2005 Better detection will lead to more convictions and serve as a deterrent for the crime Implement lower level indicators to assess to what extent (and how well) arson prevention measures are being delivered. Arson Prevention Program: Effectiveness of Other Arson Prevention Initiatives - Overall requirement is to maintain a watching brief to consider further research to assess the effectiveness of other arson control approaches & the extent to which we could follow & benefit from them. Arson Prevention Program: Co- ordination of statistics on arson and deliberate fires. Overall requirement is to bring together the information from various sources on the extent of the arson problem into one comprehensive document 9/04 Better performance measures will lead to more effective prevention initiatives. Introduction of more effective anti -arson measures based on others' experience Increase awareness and understanding of the arson problem by providing comprehensive statistics. 1/05 Ongoing Assist in achieving goals on reducing crime and would have corresponding benefits in reducing the overall number of fires Ongoing Assist in achieving goals on reducing crime and would 1/04 have corresponding benefits in reducing the overall number of fires Page 19 of 19