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HomeMy WebLinkAboutRES 07-208 RESOLUTION NO. 07-208 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to join the Internet Crimes Against Children Task Force (ICAC), specifically a Memorandum of Understanding with the Texas Attorney General's Office substantially in the form attached hereto as Exhibit "A," making available to the City of Beaumont Police Department ICAC resources, contacts and training opportunities. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. Mayor Becky Ames - i .p i MEMORANDUM OF UNDERSTANDING INTERNET CRIMES AGAINST CHILDREN TASK FORCE PARTIES The Texas Attorney General's Office is the recipient of a United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding Internet crimes against children (ICAC), and the Texas Attorney General's Office utilizes this grant to administer and operate the ICAC Task Force. This Memorandum of Understanding (MOU) is entered into by the Texas Attorney General's Office and the Beaumont Police Department (hereinafter 'DEPARTMENT"). OVERVIEW / MISSION STATEMENT OJJDP has created the ICAC Task Force Program, which is a national network of state and local law enforcement cyber crime units. The national ICAC program assists state and local law enforcement agencies develop an effective response to cyber enticement and child pornography cases. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi- jurisdictional, multi-agency, team approach to investigating and prosecuting ICAC cases. The mission of the Texas Attorney General's ICAC Task Force therefore is to: (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting ICAC; and (3) provide community education regarding the prevention of ICAC. PURPOSE The purpose of this MOU is to formalize the working relationship between the DEPARTMENT and the Texas Attorney General's ICAC Task Force, as well as to delineate the responsibilities and expectations of the relevant parties. By signing this MOU, DEPARTMENT agrees to join the ICAC Task Force for the primary purpose of vigorously and properly investigating ICAC. By joining this Task Force, DEPARTMENT will benefit from grant resources, joint operations, and extensive training opportunities. By entering into this MOU, the Office will benefit from the investigative support from DEPARTMENT. EXHIBIT "A" INVESTIGATIONS All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other Texas Attorney General's Office ICAC task force members. Investigations will follow guidelines established by each agency's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards (attached). Violation of the ICAC operational standards is cause for cancellation of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in Task Force investigations are not in the best interest of the Task Force. DEPARTMENT will: Only sworn DEPARTMENT law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the Texas Attorney General's Office. Conduct reactive investigations where subjects are associated with DEPARTMENT's jurisdiction, including investigations of child pornography, CYBERTIP referrals from NCMEC, Internet Service Provider and law enforcement referrals, and other ICAC-related investigations. Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, etc. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. Provide agents assigned to the Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. Locate its ICAC investigators in secured space provided by DEPARTMENT with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of DEPARTMENT ICAC Task Force personnel, with restricted access to authorized personnel only. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. SUPERVISION DEPARTMENT will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. LIABILITY DEPARTMENT is responsible and liable for the acts and omissions of its own officers, agents or employees in connection with the performance of their official duties under this MOU. For tort liability purposes, no participating agency shall be considered the agent of other participating agencies. Each participating agency shall be liable (if at all) only for the torts of its own officers, agents or employees that occur within the scope of their official duties. REPORTING STATISTICS Using a form provided by the Texas Attorney General's Office, DEPARTMENT shall submit monthly statistics to the Office on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 10th day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, a breakdown of basic case data shall be included for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by DEPARTMENT. The Texas Attorney General's Office will then be responsible for all required reporting to OJJDP. TRAINING DEPARTMENT shall make investigators designated as Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The Texas Attorney General's Office will review training requests and provide funding for ICAC-approved training when appropriate. CONFIDENTIALITY It is understood that any confidential information pertaining to investigations of Internet Crimes Against Children will be held in the strictest confidence, and will only be shared with participating Texas Attorney General's Office ICAC Task L Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. EFFECTIVE DATE This agreement shall be effective on , 2007 and continue until such time as federal funding for the Grant ends or the agreement is canceled by either party upon written notice delivered to both agency directors. Entered into this day of , 2007. Frank C. Coffin Jr. Chief of Police Beaumont Police Department Attorney General Greg Abbott or his Designee Office of the Attorney General — State of Texas Kyle Hayes City Manager City of Beaumont