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HomeMy WebLinkAboutRES 15-267RESOLUTION NO. 15-267 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding between the Beaumont Police Department and the Office of the Attorney General for certain Internet Crimes Against Children (ICAC) Task Force activities. The Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. MEMORANDUM OF UNDERSTANDING between THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1665397 This Memorandum of Understanding (MOU) is executed between the Office of the Attorney General of Texas (OAG) and Beaumont Police Department (DEPARTMENT) for certain Internet Against Children Crimes Task Force activities. The OAG and Beaumont Police Department may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION I MISSION OF THE OAG The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, (OJJDP) has created the ICAC Task Force Program, which is a national network of state and local law enforcement cyber crime units to address technology -facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC program requires existing task forces to develop multi jurisdictional, multi -agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC Task Force 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 Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. SECTION 2 PURPOSE OF THE MOU The purpose of this MOU is to formalize the working relationship between the OAG and the DEPARTMENT. This MOU delineates the responsibilities and expectations of the parties. By signing this MOU, the DEPARTMENT agrees to join the OAG ICAC Task Force for the primary purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC Task Force, the DEPARTMENT will benefit from joint operations and extensive training opportunities. ICAC MOU Page I of 4 EXHIBIT "A" By entering into this MOU, the OAG will benefit from the investigative support by the DEPARTMENT. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. SECTION 3 INVESTIGATIONS All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow guidelines established by each party's agency's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC operational standards is cause for termination 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 ICAC Task Force investigations are not in the best interest of the Task Force. SECTION 4 DEPARTMENT'S DUTIES AND RESPONSIBILITIES The DEPARTMENT will ensure the following activities: A. 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 OAG. B. Conduct reactive investigations where subjects are associated with the 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, or other appropriate sources. C. 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. D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records. in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the 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 the DEPARTMENT ICAC Task Force personnel, with restricted access to authorized personnel only. ICAC MOU Page 2 of 4 F. 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. SECTION 5 SUPERVISION; COMPLIANCE WITH REGULATORY AND LICENSING BODIES The 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. The DEPARTMENT agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The DEPARTMENT agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. SECTION i NO EMPLOYMENT RELATIONSHIP WITH THE OAG; LIABILITY The DEPARTMENT expressly agrees that there is no employment relationship between the DEPARTMENT and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the DEPARTMENT be considered an employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. To the extent allowed by law, the DEPARTMENT is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. SECTION % REPORTING STATISTICS Using the reporting form provided by the OAG, the DEPARTMENT shall submit monthly statistics to the OAG 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 calendar 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, the DEPARTMENT shall provide detail reporting on the basic case data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by the DEPARTMENT. The OAG will then be responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 SECTION H TRAINING The DEPARTMENT shall make investigators designated as ICAC Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The DEPARTMENT will support the on-going training needs of its investigators to maintain their competency and currency. SECTION 9 CONFIDENTIALITY It is understood that any confidential information pertaining to ICAC investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 10 Term of MOU This MOU shall be effective on November 1, 2015 and will continue in effect until August 31, 2017. Section 11 Termination of MOU Either Party, at its sole discretion, with or without cause, may terminate this MOU upon thirty (30) calendar day written notice to the other Party. Reasons for the OAG to terminate this MOU, include, but are not limited to failure of DEPARTMENT to accept and/or investigate cyber tips, failure of DEPARTMENT to report statistics to the OAG, failure of DEPARTMENT to adhere to national ICAC program's Operational and Investigative Standards, or failure of DEPARTMENT to not exercise reasonable efforts to support the on-going training needs of its investigators to maintain their competency and currency. Section 12 Signatures The Parties stipulate and agree that the signatories hereto are signing, executing and performing this MOU only in their official capacity. OFFICE OF THE ATTORNEY BEAUMONT POLICE DEPARTMENT GENERAL Printed Name: Office of the Attorney General ICAC MOU Page 4 of 4 Printed Name: Authorized Official MEMORANDUM OIL UNDERSTANDING between THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contraet No. 1665397 This Memorandum of Understanding (MOLD is executed between the 017ice of the Attorney General of 'texas (OAG) and Beaumont Police Department (DIrPARTMf NT) for certain Internet Against Children Crimes Task Force activities. The 0AG and Beaumont Police 1)eparUne111 may be referred to in this contract individually as "Party" or collectively as "Parties." SWI'IOV 1 MISSION or, Tim OAG The Internet Crimes Against Children (IC AQ Task Force Program, United States Department of Justice, Office of Justice Programs. Office of Javenile Justice and Delinquency Prevention. (0,IJi.)P) has created the ICAC Task Force Program. which is a national network of state and local law enforcement cyber crime units to address technology -facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict. investigate and prosecute ICAC activities. The ICAC program requires existing task lorees to develop multi ;jurisdictional, multi -agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the GAU's ICAC Task Force is to: (1) properly investigate anti 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 Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. SF(.-rtON Z PURPOSE OF THE MOU The purpose of this MOIJ is to formalize the working relationship between the OAG and the DEPARTMENT. This MOU delineates the responsibilities and expectations of the parties. By signing this MOU, the DEPARTMENT agrees to join the OAG ICAC Task Force for the primary purpose of vigorously and properly pert'orming ICAC investigations. By joining the OAG iC:AC: 'Task Farce. the DEPARTMENT will benefit from joint operations and extensive training opportunities. ICAC MOU Page t or4 By entering into this MOU, the OAG will benefit 1'mrn the investigative support by the DEPARTMENT. This MOU cancels and replaces any prior existing ICAO 'bask Force MOU between the Parties. Ste(TiON 3 IMMiTiGATIONS All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAO 'Task Force members. investigations will follow guidelines established by each party's agency's respective policy manual or guidelines. However. ICAO investigations shall also he governed by the national ICAC program's Operational and Investigative Standards. Violation of tlic ICAO operational standards is cause for termination of* this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency, It is agreed (lint unilateral acts on the part of employees involved in 1C'AC. Task Force investigal ions are not in the best interest ofthe Task force. SECTION d DI:PARTmrWrIs l}MES AND RESPONSIBILITIES The DEPARTMENT will ensure the Ibllowing activities: A. 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 rcports of all undercover activity to the OAG. 13. Conduct reactive investigations where sul jeets are associated with the DEPARTMENT's jurisdiction, including investigations of child pornography, CYBERTIP referrals from NC'MEC, Internet Service Provider and law enforcement referrals, and other ICAC- related investigations. Additional case initiations n)ay develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or other appropriate sources. C. 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 Tusk Force Program Manager, D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including. without limitation, computer records. in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the 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 the M.-TARTME:TTt' ICAC 'Task Force personnel, with restricted access to authorized personnel only. ICAC MOU Page 2 ofd F. Conduct education and prevention programs to lbster awareness and provide practical. relevant giddance to children, parents, educators. librarians, the business and law cnl'orcement communities. and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing invesligative techniques and undercover operations utilized by the JCACTask ):ore. SF.C.'TION15 SUPERVISION, COMJ11JANC'F. %wim RGr:t11,ATORV AND LICENSING ROnIES The Dl.:PARTM1.;NT will be responsible lirr the day-to-day operational supervision. administrative control, and personal and professional conduct of its officers and agents assigned to the 'task force. IC'AC investigations are a cooperative ellbml and investigative decisions will he a.joint process guided by iC:AC standards. The DEPARTMENT agrees that it has obtained all licenses, certifications, permits and aulhorWilions necessary to perform the responsibilities of this MOU. The DFPARTMI:NT agrees to comply with all applicable licenses. Icgal certifications. inspections, and any other applicable local ordinance, state, or federal laws. SECTION G NO EA1Pt.OY,mt..NI' Rt l: A't90NS111P wI'rtl'rnE OAG; LIAMIXI'v The DEPARTMENT expressly agrees that there is no employment relationship between the DEPARTMENT and the OAR Under no circumstances shall any owner:;, incorporators, officers, directors, employees, or volunteers of the DEPARTMENTbe considered an employee. agent, servant. joint venturer., joint enterpriser or partner ofthe OAG. To the extent allowed by haw. the DEPARTMENT is responsible Tor all types of claims whatsoever due to their own actions or perlbrinance under this MOU, including, but not limited to. the use of' automobiles (or other transportation). taken by its owners, incorpmators. officers, directors, employees, volunteers or any third parties. SECTION 7 REPORTING ,STATISTICS Using the reporting form provided by the OAG. the DEPARTMENT shall submit monthly statistics to the OAG on all ICAO 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 1 Oth calendar 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 tauglit, and community outreach provided. in addition, the DEPARTMENT shall provide detail reporting on the basic case data ibr each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by the DEPARTMENT. The OAG will then be responsible for all required reporting to O.I.1DP. ICAC MOU Payc 3 ofd r SEX TION 8 'I'RAINING 'rhe I.)F:PAR'rMFNT shall make investigators designated as ICAO 'Task farce members available fin• applicable specialized training provided through the national ICAC program and other appropriate training programs. The DEPARTMENT will support the on -going training needs orits investigators to maintain their competency and currency, SEC-riUN 9 CONFIUEN•rtAl,rrl- If is tmdermood Ihal tiny confidential information pertaining to iC'A(' investigations will be held in the strictest confidence. and will only be shared with participating OAG ICAC 'Task Force members or other law enlorcenient agencies where necessary or as otherwise permitted by federal and/or state law. Section 10 Term of MOU This MOU shall be ef%live on November 1, 2015 and will continue in effeet until August 3]: 2017. Section I I Termination rrt' MOU Either party, at its sole discretion, with or without cause, may terminate this MOU upon thirty (30) calendar day written notice to the other Party. Reasons for the OAG to terminate this MOLT, include, but air not limited to railurc of*DFPARTMI:NT to accept andlor investigate cyber tips. tililure of DEPARTMENT to report statistics to the OAG. failure oI' n13PAR'I'Mi;N't' to adhere to national ICAC program's Operational and Investigative Standards, or lailure of DEI'AR'I'MENT to not exercise reasonable efforts to support the on -going training; needs of its investigators to maintain their competency and currency. Section 12 Signatures The Parties stipulate and agree that the signatories hereto are sighing. executing 011(1 i1e3'lUl'1111ng this MOU only in their official capacity, OFFICE OF THE A'!'i'O NEV / GENERAL, / Printed Name:, Office orthe Attorney General ICAC MOU Page 4 or4 i EAUMON'T POLICE DEPAItTMENT Primed Name: Authorised Official