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HomeMy WebLinkAboutRES 07-095 RESOLUTION NO. 07-095 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve and execute a Memorandum of Understanding(MOU)between the Federal Bureau of Investigations(FBI) and the Police Department relating to a Safe Streets Task Force. The agreement 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 3rd day of April, 2007. /'�� p.UMp���,,,/ _ Mayor Guy N. Goodson - O & XWi =. MEMORANDUM OF UNDERSTANDING (MOU) PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the Beaumont Police Department(BPD). AUTHORITIES Authority for the FBI to enter into this agreement can be found at 28 U.S.C. § 533; 42 U.S.C. § 3771; and 28 C.F.R. § 0.85. PURPOSE The purpose of this MOU is to delineate the responsibilities of TASK FORCE participants, maximize inter-agency cooperation, and formalize relationships between the participating agencies for policy guidance,planning, training, public and media relations. This MOU is not intended, and should net be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. This mission of the TASK FORCE is to dismantle and prosecute criminal enterprises engaged in gang, organized crime, and violent crime activities. The mission will be accomplished through the development of an intelligence base targeting gang/criminal enterprises via the initiation of sustained proactive investigations. SUPERVISION AND CONTROL Supervision -Overall supervision of the personnel on the TASK FORCE shall be the shared responsibility of the participants. -The Special Agent in Charge (SAC) of the Houston Division shall designate one Supervisory Special Agent (SSA) to have direct and daily responsibility for all personnel and investigative matters pertaining to the TASK FORCE. -Responsibility for conduct, not under the direction of the SAC or SSA, of each TASK FORCE member, both personally and professionally, shall remain with the respective agency head and each agency shall be responsible for the actions of their respective employees. -Each agency member who is a TASK FORCE member will be personnel rules, regulations, laws, and policies applicable to those of their respective agencies. FBI participants will continue to adhere to the Bureau's ethical standards and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the Department of Justice. 1 EXHIBIT "A" Each TASK FORCE member will continue to report to his or her respective agency head for non-investigative administrative matters not detailed in this MOU. Subject to other provisions in this document, continued membership on the TASK FORCE will be based on performance and will be at the discretion of each member's respective supervisor. Case Assignments The FBI SSA with designated oversight for investigative and personnel matters will be responsible for opening,monitoring,directing,and closing TASK FORCE investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSA with designated oversight for investigative and personnel matters. For FBI administrative purposes,TASK FORCE cases will be entered into the relevant FBI computer system. TASK FORCE members will have equal responsibility for each case assigned. TASK FORCE personnel will be totally responsible for the complete investigation from predication to resolution. Resource Control Specific control of TASK FORCE resources, including personnel, and the continual dedication of TASK FORCE resources shall be retained by the participating agency heads, who will be kept fully apprised of all investigative developments by their respective subordinates. OPERATIONS Investigative Exclusivity It is agreed that matters designated to be handled by the TASK FORCE will not knowingly be subject to non-TASK FORCE law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the TASK FORCE's existence and areas of concern. It is agreed that there is to be no unilateral action taken on the part of the FBI or participating agencies relating to TASK FORCE investigations or areas of concern. All law enforcement actions will be coordinated and cooperatively carried out. Informants 2 The disclosure of FBI informants to non-FBI TASK FORCE members will be limited to those situations where it is essential to the effective performance of the TASK FORCE. These disclosures will be consistent with applicable FBI guidelines. Non-FBI TASK FORCE members may not make any further disclosure of the identity of an FBI informant,including to other members of the TASK FORCE. No documents are to be prepared or disseminated outside the FBI,which identify or tend to identify an FBI informant. In those instances where a participating agency provides an informant, the FBI may, at the discretion of the SAC, become solely responsible for the informant's continued development, operation, and for compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. _ The United States Attorney General's guidelines and FBI policy and procedure for operating FBI informants and cooperating witnesses (CWs) shall apply to all FBI informants and CWs opened and operated in furtherance of TASK FORCE investigations. Documentation of, and any payments made to,FBI informants and CWs shall be in accordance with FBI policy and procedure. Operation, documentation, and payment of solely state,country, or local informants and CWs opened and operated by Non-FBI TASK FORCE members in furtherance of TASK FORCE investigations shall be in accordance with appropriate respective state, country or local policies and procedures provided these policies and procedures do not conflict with the United States Attorney General's guidelines. Documentation of state, county, or local informants and CWs opened and operated in furtherance of TASK FORCE investigations shall be maintained at an agreed to location. Reports and Records [FOR SAFE STREET TASK FORCES (SSTF)I All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the TASK FORCE will be made available for inclusion in the respective investigative agencies' files as appropriate. TASK FORCE reports prepared in cases assigned to state, county and local participants will be maintained at a FBI approved location;original documents will be maintained by the FBI. Records and reports generated in TASK FORCE cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF Cases in the Beaumont RA of the FBI. 3 _ TASK FORCE investigative records maintained at the Beaumont RA of the FBI will be available to all TASK FORCE members, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. All evidence and original tape recordings (audio and video) acquired during the course of the TASK FORCE investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by TASK FORCE personnel. PROSECUTIONS TASK FORCE investigative procedure is to conform to the requirements for Federal Prosecution. _ A determination will be made on a case-by-case basis whether the prosecution of TASK FORCE cases will be at the State or Federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the TASK FORCE. _ In the event that a state or local matter is developed that is outside the jurisdiction of the FBI,the FBI agrees to provide all relevant information to state and local authorities. _ Whether to continue and/or conduct additional investigation of the state or local crimes involved will be at the sole discretion of the respective state and local authorities. Investigative Methods/Evidence For cases assigned to an FBI Special Agent or in which FBI informants or cooperating witnesses are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. _ In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. _ The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policy and procedures of the FBI. 4 'Undercover Operations All TASK FORCE undercover operations will be conducted and reviewed in accordance with FBI guidelines and the United States Attorney General's Guidelines on Undercover Operations. 'DEPUTATIONS — Local and state law enforcement personnel designated to the TASK FORCE,subject to a limited background inquiry,may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the ASK FORCE or until the termination of the TASK FORCE, whichever comes first. _ FBI agents assigned to the TASK FORCE will be cross-deputized as state officers. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES Participating agencies agree to provide sufficient vehicles to the TASK FORCE. _ On a case by case basis, the FBI may authorize members of the TASK FORCE to use vehicles owned or leased by the FBI when necessary in connection with TASK FORCE surveillance, case management and investigations, and if available. When authorized,participating agency personnel using FBI vehicles agree to operate the vehicles in accordance with all applicable FBI rules and regulations as outlined in the FBI Manual of Administrative Operations and Procedures (MAOP),Part I Section 3.1. FBI vehicles,including Government-owned, rented, and leased vehicles, are to be used for official business only. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to TASK FORCE business. _ The responsibility for all other liability attributed to the participating agencies resulting from the use of TASK FORCE vehicles by their employees, confidential informants, or by cooperating witnesses rests with the individual participating agency. _ The participating agencies agree to be responsible for any damage incurred to TASK FORCE vehicles caused by any act or omission on the part of their respective employees and participating agencies agree to assume financial responsibility for property damage to said vehicles. 5 SALARY/OVERTIME COMPENSATION _ The salaries of TASK FORCE members will be determined by the current Contract Reimbursement Agreement, which is incorporated into this document by reference. PROPERTY AND EQUIPMENT Other property of the FBI and participating agencies may be provided on a case by case basis when needed to conduct TASK FORCE investigations and operations. Property damaged or destroyed which was utilized by the TASK FORCE in connection with authorized investigations and/or operations and is the custody and control and used at the direction of the TASK FORCE, will be the financial responsibility of the agency supplying said property. FUNDING This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds,but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES _ The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunctions with TASK FORCE operations. _ Asset forfeitures will be conducted in accordance with Federal law, and the rules and regulations set for forth by the FBI and Department of Justice (DOJ). Forfeitures attributable to TASK FORCE investigations may be distributed among the agencies participating in the TASK FORCE. DISPUTE RESOLUTION _ In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the TASK FORCE's objectives. _ The parties agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 6 _ All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. The parties agree that information will only be disseminated to the media in accordance with the terms of this MOU. SECURITY CLEARANCES :CATEGORY II: FOR STATE AND LOCAL CANDIDATES WHO WILL NOT HAVE ACESS TO NATIONAL SECURITY INFORMATION AND WHO WILL NOT HAVE LONG-TERM UNRESTRICTED ACCESS TO FBI FACILITIES, PERSONNEL, ,AND/OR INFORMATION]: _ Thirty days prior to being assigned to the TASK FORCE, each candidate will be required to furnish pages 1, 2,3, 9 (certification only), and 10 of the"Questionnaire for Sensitive Positions" (SF-86). Sometime thereafter,a representative from the FBI will conduct an interview of each candidate. _ If, for any reason, a candidate is not selected, the participating agency will be so advised and a request will be made for another candidate. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policy and procedures. During the briefing, each candidate will execute a non-disclosure agreement (SF, 312) and FD-868, as may be necessary or required by the FBI. Upon departure from the TASK FORCE, each candidate will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement previously agreed to by the TASK FORCE member. LIABILITY _ Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees Legal representation by the United States is determined by DOJ on a case by case basis. The FBI cannot guarantee the United States will provide legal representation to any Federal, state or local law enforcement officer. [IF THERE IS NO SPECIAL DEPUTATION]: _ Each participating TASK FORCE agency acknowledges that its liability, if any, for the negligent or wrongful acts or omissions committed by its employees while they are participating as members of the TASK FORCE is governed by applicable local law. TASK FORCE agencies and individual TASK FORCE members agree that they will not be responsible or liable for acts performed by personnel of other member agencies during the duration of this MOU. 7 - Each participating agency acknowledges that the federal government does not contract or promise to consider indemnifying the individual TASK FORCE officer, substituting the Unites States as a party defendants in civil litigation, or providing representation to state and local law enforcement officers who cooperate with the FBI on an informal basis as apart of their state or local duties unless thy have been deputized as a federal law enforcement officer or have been detailed to a federal agency under the Intergovernmental Personnel Act (IPA) 5 U.S.C. § 3374 (c) (2). DURATION - The term of this MOU is for the duration of the TASK FORCE's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. - Any participating agency may withdraw from the TASK FORCE at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the TASK FORCE at least 30 days prior to withdrawal. - Upon termination of this MOU, all equipment provided to the TASK FORCE will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU,the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any TASK FORCE participation. MODIFICATIONS - This agreement may be modified at any time by written consent of all involved agencies. - Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. Roderick L. Beverly Date Special Agent in Charge Federal Bureau of Investigation, Houston Frank Coffin, Chief Date Beaumont Police Department Beaumont, Texas 8 FBI Contracting Officer Date Kyle Hayes Date City Manager City of Beaumont