“War on Drugs” to Become Actual War in Springfield

Posted: January 13, 2014 in Legislative Issues
Tags: , ,

Every once in awhile, I come across something that stuns me and renders me virtually speechless. This is one of those things. In a nut shell, the Constitution is Void Where Prohibited By Law, and that my friends, includes the Show Me State. Jay Nixon has authority to assign the organized militia to assist in counter-drug activities. He can allow the Adjutant General to act on his behalf. He has apparently done so and the Adjutant General and the City of Springfield are negotiating a Memorandum of Understanding for the Missouri National Guard to be directly involved in counter-drug intelligence, surveillance and law enforcement activities in Springfield (and likely) beyond.

Here is the link to the MOU and Springfield’s legal proposal, followed by a cut and paste of the entire pdf for those who just want to read it below.

I just don’t know what to say.

Filed: 01-07-14
Sponsored by: Fisk
First Reading:
Second Reading:
COUNCIL BILL NO. 2014-
SPECIAL ORDINANCE NO.
AN ORDINANCE
AUTHORIZING the City Manager, or his designee, to enter into a Memorandum of
1
Understanding with the Missouri
National Guard (MONG) Counterdrug
2
Task Force for the purpose of assisting the Springfield Police
3
Department (SPD) with investigating t
he illegal sale and
distribution of
4
narcotics.
5
_______________________________
6
7
WHEREAS, MONG will provide a Support Inte
lligence Analyst to assist SPD with
8
investigating the illegal sale and
distribution of narcotics; and
9
10
WHEREAS, MONG and SPD mutually agree
that it is beneficial to combine
11
efforts to fight illegal drug distri
bution and associated violent crime.
12
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14
SPRINGFIELD, MISSOURI, as follows, that:
15
16
Section 1
– The City Manager, or hi
s designee, is hereby authorized to enter into
17
a Memorandum of Understanding with MONG
for the purpose of a
ssisting the SPD with
18
investigating the illegal sale
and distribution of narcoti
cs; said agreement to be
19
substantially in form and content as that
document attached hereto and incorporated
20
herein by reference as “Exhibit A,” and to do
all things necessary to carry out the terms
21
of the agreement.
22
23
Section 2
– This ordinance shall be in full force and effect from and after
24
passage.
25
26
1 of 10

27
Passed at meeting:
28
29
30
31
Mayor
32
33
Attest:
, City Clerk
34
35
Filed as Ordinance:
36
37
38
Approved as to form:
, Assistant City Attorney
39
40
41
Approved for Council action:
, City Manager
42
43
44
2 of 10

EXPLANATION TO COUNCIL BILL NO: 2014-
FILED: 01-07-14
ORIGINATING DEPARTMENT: Police
PURPOSE: To authorize the City Manager
to enter into a Memorandum of
Understanding (MOU) with the Missouri
National Guard Counterdrug Task Force
(hereafter, known as MONG) to
provide the Springfield Poli
ce Department (SPD) with a
support intelligence analyst.
BACKGROUND: The mission of the MONG will
be to develop and assist with criminal
investigations of illegal narco
tic activities. Criminal inve
stigations into complex drug
enterprises are time consum
ing and often incur hundreds of hours of investigative time.
Currently the SPD does not have a Crime Analyst assigned specifically to review,
correlate and analyze drug intelligence inform
ation. This MOU with the MONG will
assist the SPD in its efforts
to fight illegal drug distribut
ion and associated violent crime
by providing well researched and usable in
telligence informati
on to the Special
Investigations Section. The MONG will provide the Springfield Police Department a
Support Intelligence Analyst for the purpose
of investigating the illegal sale and
distribution of narcotics, and vi
olent crimes associated with
narcotic distribution in the
City of Springfield. The analyst will review intelligence information
collected by the SPD
and correlate and analyze the data to assist
the Department’s e
fforts to reduce and
prevent violent crime and illegal
drug distribution. All intelligence activities authorized by
the MOU shall be strictly limited to suppor
t of the SPD’s counterdrug operations. MONG
shall not retain or store SPD intelligence
products in MONG facilities or databases.
REMARKS: MONG will assume
full responsibility for salary, benefits, personnel
records and other administrative actions
of MONG personnel supporting the Police
Department. The Police Department will pr
ovide MONG personnel with workspace and
equipment necessary to perform the analytical
functions of the pos
ition. There are no
associated costs, other than equipment and wor
kspace, to be incurred by the City of
Springfield.
Submitted by: Approved by:
Chief of Police City Manager
3 of 10

STATE OF MISSOURI
OFFICE OF THE ADJUTANT GENERAL
DEPARTMENT OF PUBLIC SAFETY
IKE SKELTON NATIONAL GUARD TRAINING SITE
2302 MILITIA DRIVE
JEFFERSON CITY, MISSOURI 65101-1203
Jeremiah W. (Jay) Nixon
Governor
Stephen L. Danner
Major General, MONG
The Adjutant General
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MISSOURI NATIONAL GUARD
AND
THE SPRINGFIELD POLICE DEPARTMENT
1.
PURPOSE
. This Memorandum of Understandi
ng (MOU) establishes policies,
procedures, and guidelines for Missouri Na
tional Guard (MONG) Counterdrug Task
Force (CDTF) (hereafter MONG)
support of the Springfield Po
lice Department (SPD).
2.
AUTHORITY
.
a. The Controlled S
ubstances Act, Title 21 United St
ates Code (USC) Section 873,
Cooperative Arrangements;
b. Title 32 USC Sect
ion 112, authorizes the Secretary of Defense (SECDEF) to
provide funds to States receiving SECDEF appr
oval of their Governor’s National Guard
Counterdrug Support Plan:
c. Missouri Revised Statut
es, Chapter 41, Section 475 (1994); and
d. The State of
Missouri 2009 Governor’s Count
erdrug Support Plan authorizes
MONG to assist a civilian Law Enforcem
ent Agency (LEA) with counterdrug and drug
demand reduction missions, provide the
authority for this Memorandum.
3.
DEPLOYMENT OF NATIONAL G
UARD PERSONNEL AND EQUIPMENT
.
a. MONG will
provide domestic Counterdrug (CD)
support pursuant to Title 32 USC
Section 112, which prohibits National Guar
d personnel from performing CD support duty
outside the territorial limi
ts of the United States.
b. All MONG support out
side of Missouri must be in di
rect support of Federal LEAs,
as required by State law (see Chapter
41.475.1.RSMo 1994), and pursuant to a
mutually ratified interstate MOU betw
een the requesting and supporting states.
c. MONG personnel and equipment
may be requested for missions approved in the
Missouri National Guard Counterdrug Suppor
t Plan provided such requests for MONG
personnel and equipment do not adversely
impact MONG readiness for its state
Exhibit A
4 of 10

NGMO-MSD-C
SUBJECT: MOU Between MONG and SPD
2
emergency and wartime missions. Furthermore,
counterdrug assistance is in addition
to, and shall not preclude MONG personnel fr
om performing requir
ed military training,
including, but not limited to, weekend drills (IDT), Annual Training (AT), and possible
State Emergency Duty (SED).
4.
REPORTING PROCEDURES
. The MONG member assi
gned to SPD will report to
the Agency Supervisor and to the Counter
drug Coordinator or his designated
representative.
5.
COMMAND AND CONTROL
.
a. The Governor of
Missouri is the Commander-in-Chief of all MONG personnel.
The Governor exercises command authority th
rough the Adjutant General of Missouri
(TAGMO).
b. The MONG
Counterdrug Coordinator is responsib
le for submitting the Governor’s
State Plan for Counterdrug Support and managi
ng the program. T
he CDC will exercise
administrative responsibility over MONG
personnel assigned to SPD through a Non-
Commissioned Officer-in-Charge.
c. The appointed SPD
officer is the day-to-day s
upervisory authority for MONG
personnel providing count
erdrug support to SPD.
d. MONG personnel wi
ll comply with the requirements
of SPD policies, regulations,
and procedures applicable to the support provided. Personnel issues will be brought to
the attention of the Counter
drug Coordinator. Failure to
adhere to agency policies and
procedures will be grounds for removal from t
he assignment. Disciplinary actions will be
coordinated between the Counterdrug Coordinator and the Agency Supervisor.
6.
SCOPE OF OPERATIONS
. MONG will provide the following below listed
counterdrug support to SPD ope
rations in Missouri.
a.
Investigative Case and Analyst Support (Mission 2b)
. Assist SPD in
establishment of counterdrug intelligence sy
stems/data bases and provide intelligence
analysis support. All intelligence activiti
es must be conducted in accordance with
appropriate DOD regulations. MONG will not main
tain or store final products in National
Guard facilities or databases.
b.
Domestic Cannabis Eradication Support (Mission 3a)
. Support LEA domestic
cannabis suppression and eradication operations.
This includes logistics support and
eradication operations but not de
struction of marijuana contraband.
5 of 10

NGMO-MSD-C
SUBJECT: MOU Between MONG and SPD
3
c.
Aerial Reconnaissance (Mission 5b)
. Conduct aerial
reconnaissance/observation of airspace or su
rface areas (land and internal waterways
of the US) for illegal drug activities, which in
clude, but are not limit
ed to, cultivation of
marijuana or delivery of illegal drugs. Reconnaissance may be directed toward
suspected drug trafficking airstrips/
drop zones/corridors or suspicious
aircraft/watercraft/motor vehicles.
7.
SPECIAL INSTRUCTIONS, REQUIR
EMENTS, OR RESTRICTIONS
.
a. MONG personnel will
not directly participate in law enf
orcement activities such as
arresting or conducting searches of indivi
duals or private property. MONG personnel
are further prohibited from direct involvem
ent in seizures or the chain of custody
concerning any evidence seized by LEA officials.
b. All intelligence ac
tivities authorized to be performed by MONG personnel shall be
strictly limited to support of SPD counter
drug operations. Other than intelligence
support authorized in conjunction with SPD
counterdrug operations, MONG personnel
shall not collect, retain, or disseminate inte
lligence on United States
persons. Further,
MONG shall not retain or store SPD inte
lligence products in MONG facilities or
databases.
c. MONG pers
onnel will not be deputized or cross-designated with Title 21
investigative authority.
d. MONG personnel assign
ed to conduct approved counterdrug duties and
operations shall perform only t
hose integral tasks necessary to properly perform the
mission support specified within
this MOU. With respect
to any LEA, community or
state based organization, MONG CD personnel ar
e strictly prohibited from performing
the following:
(1) Janitorial or other menial dutie
s not reasonably necessitated or envisioned
within the scope of work fo
r the prescribed mission;
(2) Sign or otherwise approve any wo
rk order, service agreement, or other
contract providing goods or services, regardless of whether paym
ent or value of any
type is tendered or expected; or
(3) Except for the authorized shari
ng of seized funds
or property, MONG
personnel shall not engage in, eit
her directly or indirectly, any financial transaction or
activity, to include the conduct of any type of
audit. This prohibition includes the signing
or ratification of any check, note, or any
other legal instrument which obligates
performance or the payment for goods or services.
6 of 10

NGMO-MSD-C
SUBJECT: MOU Between MONG and SPD
4
e. If MONG
personnel require a vehicle to perform
their mission support duties, the
task force or responsible LEA will
provide such at its expense.
f. Unless otherwise specifically
ordered by the CDC, MONG
counterdrug aviation
missions shall be conducted in accordance
with (IAW) the followi
ng requirements and
restrictions:
(1) Safety of personnel and airc
raft shall be the FIRST priority.
(2) MONG aircraft supporting SPD wi
ll be operated only by MONG CDTF pilots.
(3) The aircraft pilot in command (PIC
) will ultimately be responsible for all
decisions affecting the safe operation of airc
raft use (i.e. flight altitude, landing zones,
passengers, etc.).
(4) Counterdrug flight oper
ations will be conducted IA
W all applicable Army and
National Guard flight regulat
ions, SOPs, and National Guard
Regulation 500-2 (National
Guard Counterdrug Support).
(5) The LEA will identify their officer
in charge prior to any MONG aircraft being
flown in support of CD operations. LEA pers
onnel must be aboard the aircraft or in
direct contact with the PIC throughout the
mission. PIC shall determine the total
number of non-military pers
onnel aboard the aircraft.
(6) The LEA will be responsible for a
ll LEA decisions affe
cting MONG personnel
involved in ground crew operations. LEA per
sonnel will be present throughout every
operation and/or will have tactical operati
onal radio communication with each element
when not physically co-located. MONG
and LEA personnel must be able to
immediately respond to each element’s loca
tion. When contact with citizens is
imminent, LEA personnel sha
ll accompany MONG personnel
.
(7) The LEA will be responsible for locating landing zones and gaining
permission from private lando
wners for landing prior to any MONG aircraft landing
during missions.
(8) Weapons shall not be fired from MONG aircraft.
(9) The MONG will be responsible for
security of MONG aircraft and other
military equipment supporting these missions.
However, the MONG reserves the right
to enlist the assistance of accompanying
and local LEA personnel to secure such.
7 of 10

NGMO-MSD-C
SUBJECT: MOU Between MONG and SPD
5
8.
FORCE PROTECTION AND RULES OF ENGAGEMENT
.
MONG personnel will not be armed wh
ile performing CD support
functions. MONG
personnel will also comply with all force pr
otection measures as established by the
Agency.
9.
PUBLIC AFFAIRS SUPPORT
.
a. SPD will be the l
ead agency for releasing public info
rmation to the news media,
and will bear primary
responsibility for public affairs matters.
b. MONG CD support
information will be treated as “F
OR OFFICIAL USE ONLY”.
MONG personnel will not make any public affairs disclosures or discuss details
regarding CD support operati
ons with the media.
c. Any public request for informat
ion from MONG records
will be processed under
the Freedom of Information Act (FOIA).
d. Operational inquir
ies from the media will be direct
ed to SPD. The MONG PAO in
Jefferson City will handle inquiries of a non-oper
ational nature that are specifically for
the MONG.
10.
SAFETY
. Safety is a command responsibility. The primary duty of leaders and
supervisors, regardless of thei
r agency affiliation, is ensuring the safety of personnel.
No mission or its accomplishment will justify
departure from safe o
perational practices
that compromise the safety of MONG personnel.
11.
RESPONSIBILITIES
.
a. MONG will:
(1) Assume fu
ll responsibility for salary, benefit
s, personnel records, and other
administrative actions of MONG personnel supporting SPD.
(2) Ensure MONG
personnel wear appropriate atti
re, as operationally dictated,
while working in SPD locations.
(3) Screen MO
NG personnel applying for CD suppor
t duty and provide SPD with
the current security clearance stat
us of personnel assigned to them.
(4) In no event
charge any indirect cost rate to the SPD for administration or
implementation of this MOU.
8 of 10

Comments
  1. cjmartel says:

    Looks like the “Show Me State” is looking for Patriots to show them what the US Constitution is really all about. Our country has for all intents and purposes has self destructed, and now we the people are left with a completely tyrannical government, bent on the destruction of individual rights and liberties.

  2. cjmartel says:

    God help us all. If the good people of Missouri don’t overthrow these power mad idiots, the rest of the country will follow suite. Time to take out the garbage.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s