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HomeMy WebLinkAboutRES 22-301RESOLUTION NO. 22-301 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 to specifically form a Memorandum of Understanding (MOU) with the Federal Bureau of Investigation (FBI) Houston Safe Streets Task Force (HSSTF), for the purpose of identifying and targeting criminal enterprise groups, violent street gangs, and to intensify focus on the apprehension of dangerous fugitives where there is, or may be, a federal interest. The Beaumont Police Department currently has one (1) sworn officer assigned to the HSSTF, and this MOU is a renewal of the current Agreement. Pursuant to Congressional appropriations, the FBI receives authority to reimburse overtime cost incurred as a result of HSSTF related duties. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of November, 2022 qffte-w - Mayor Robin Mouton - FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION HOUSTON SAFE STREETS: TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of -Investigation (FBI) and the Beaumont Police Department. Nothing in this MOU should be construed as limiting or impeding the'basic spirit of cooperation which exists between these agencies. AUTHORITIES- 2. Authority for the FBI to enter into this agreement can be found at Title 28, .United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of Houston Safe Street Task Force (HSSTF) personnel formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter- agency cooperation. This MOU is not intended, and should not 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:) MISSION 4. The mission of the Houston Safe Street Task Force (HSSTF) is to :identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence a such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there. is or may be a federal investigative interest. The task force will enhance the effectiveness of federal/state/local law enforcement resources through a well -coordinated initiative seeking the most effective investigative/prosecutive avenues by which to convict and incarcerate dangerous offenders. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor.its contents may be released without authorization by FBI Headquarters. EXHIBIT "A" FOR OFFICIAL USE ONLY 2 SUPERVISION AND CONTROL A. Supervision 5. Overall management of the task force shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the Houston Division shall designate one Supervisory Special Agent (HSSTF Supervisor) to supervise the HSSTF. The HSSTF Supervisor may designate a Special Agent to serve as the Houston Safe Streets Task Force Coordinator (Task Force Coordinator). Either the HSSTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the Houston Safe Streets Task Force. 7. Conduct undertaken outside the scope of an individual's HSSTF duties and assignments under this MOU shall not fall within the oversight responsibility of the HSSTF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 8. HSSTF personnel will be subject to the laws, regulations, policies, and personnel -rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureau's ethical standards,' including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject. to the Supplemental Standards of Ethical conduct for employees of the DOJ. 9. HSSTF personnel will continue to report to their respective agency heads for non - investigative -administrative matters not.detailed in this MOU. 10. Continued assignment of personnel to the HSSTF will be. based on performance and at the discretion of appropriate management. The FBI SAC and HSSTF Supervisor will also retain discretion to remove any individual from the. HSSTF. B. Case Assignments 11. The FBI HSSTF Supervisor will be responsible for opening, monitoring, directing, and closing HSSTF" investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the HSSTF Supervisor. 13. For FBI administrative purposes, HSSTF cases will be entered into the relevant FBI computer system. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 3 14. HSSTF personnel will have equal responsibility for each case assigned. HSSTF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the HSSTF,: including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 16. It is agreed that matters designated to be handled by the HSSTF will not knowingly be subject to non-HSSTF law enforcement efforts by any :of the participating agencies. It is incumbent on each agency :to make proper internal notification regarding the HSSTF's existence and areas of concern. 17. It is agreed that there is to. be no unilateral action taken on the part of the FBI or any participating agency relating to HSSTF investigations or areas of concern. All law enforcement actions will be -coordinated and cooperatively carried out. 18. HSSTF investigative leads outside of the geographic areas of responsibility for FBI Houston Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non- HSSTF personnel will be limited to those situations where it is essential to the effective performance of the HSSTF. These disclosures will be consistent with applicable FBI guidelines. 20. Non -FBI HSSTF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the HSSTF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be.released without prior FBI approval. 21. In those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI: 22. The United States Attorney General's Guidelines and FBI.policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of FOR OFFICIAL USE ONLY ' This document is the property of the FBI and is loaned to your agency. Neither it nor its contents maybe released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 4 HSSTF investigations.. Documentation of, and any payments made to, FBI CHSs shall be in, accordance with'FBI policy and procedure. 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of an HSSTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI HSSTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of HSSTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. 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 HSSTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 25. HSSTF reports prepared in cases assigned to HSSTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in HSSTF 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 OCTF. 27. HSSTF investigative records maintained at the Houston Field Office of the FBI will be available to all HSSTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence .and original tape recordings (audio and video) acquired by the FBI during the course of the HSSTF 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 HSSTF personnel. 29. All HSSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 30. Classified information and/or documents containing information that identifies or tends to identify an FBI `CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge'that this MOU may provide HSSTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such _information will be handled .lawfully pursuant to the provisions thereof. The Parties further agree that if this FOR OFFICIAL USE ONLY This document is the property of the FBI and, is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 5 access to information by HSSTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to, include information derived from informal communications between HSSTF personnel and FBI employees not assigned to the HSSTF, may. be disseminated by HSSTF personnel to non-HSSTF personnel without the approval of the HSSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating . agencies that would permit the participating agencies to receive that information directly. Likewise, HSSTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. A Each Party that discloses PH is responsible for making .reasonable efforts to ensure that the information disclosed is :accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in, the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35, Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable.to the -disclosing Party, and that information is only made. available to the receiving Party as may be permitted by I aws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will immediately reportto the other Party each instance in which. data received from the other Party is used, disclosed, :or -accessed in an unauthorized -manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance, of data in electronic and paper recordkeeping systems to ensure that appropriate security and -privacy protections are in place. PROSECUTIONS 38 HSSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state. prosecution. 39. A determination will be made on a case -by -case basis whether the prosecution of HSSTF cases will be at the state or federal level. This determination will be based on the FOR OFFICIAL USE ONLY This document is -the property of the FBI and is loaned to your -agency. Neither it' nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 6 evidence obtained and a consideration of which level of prosecution would be of the greatest -benefit to the -overall objectives of the HSSTF. 40. In the event that a state or local matter is developed that -is outside the jurisdiction of the FBI or it is decided to prosecute a HSSTF case at the state orlocal level, the FBI agrees to provide'all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in tIhe State Court where statutory or common law -of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. 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 as outlined in the Domestic Investigations and Operations Guide 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. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All HSSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS -THAN -LETHAL -DEVICES' Pursuant to Section Vlll of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents maybe released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 7 -45. The parent agency of each individual assigned to the HSSTF will ensure that;while:the individual is participating in FBI -led task force operations in the capacity of`a;task force officer; task force member, or task force participant, the individual will carry .only less - lethal devices that the parent agency has issued to the ,individual, and that the individual has been trained in accordance with the, agency's policies and procedures. 46. The. parent agency of.each individual assigned to the HSSTF will ensure that the agency's policies and procedures for use .of any less=lethal device -that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. DEADLY FORCE AND:SHOOTING INCIDENT POLICIES 47. HSSTF personnel will follow their own_ agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the HSSTF, 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 HSSTF or until the termination of the HSSTF, whichever comes first. 40. Deputized HSSTF personnel will be. subject to the rules and regulations pertaining to -such deputation. Administrative and personnel policies imposed by the, participating agencies will not be voided by deputation of their, respective personnel. VEHICLES 50. In furtherance of this MOU, employees :of the Beaumont Police Department maybe permitted to drive FBI owned or leased vehicles for official HSSTF business and only in accordance with applicable FBI rules and regulations, including those outlined ,in ;the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment:of an FBI owned or leased vehicle to the Beaumont Police Department HSSTF personnel will require the execution of a separate Vehicle -Use Agreement. 51.., 'The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to HSSTF business. 52. The FBI _and the United State..s will not be responsible for any-tortious act or omission on the part of HSSTF and/or its employees or for any liability resulting from the use of an FBI owned, or leased vehicle; utilized by the Beaumont Police Department HSSTF personnel, FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents"may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 8 except where liability may fall under the,provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use, of an FBI owned or leased vehicle by the Beaumont Police Department task force personnel while engaged in any conduct other than their official duties and assignments under this MOP. 54. To the extent permitted by applicable law, the Beaumont Police Department agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by the Beaumont Police Department HSSTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and Beaumont Police Department remain responsible for all personnel costs for their HSSTF representatives, including salaries, overtime -payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to the Beaumont Police Department the cost of overtime worked by non-federal HSSTF personnel assigned full-time to HSSTF, provided overtime expenses were incurred as a result of HSSTF -related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this. MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and Beaumont Police Department for full-time employee(s) assigned to HSSTF, consistent With regulations and policy, pf•ior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable the Beaumont Police Department overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the HSSTF in connection with authorized investigations and/or operations and -in the custody and control and used at the direction of the HSSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment.. Property damaged or destroyed which was utilized by HSSTF in connection With authorized investigations and/or operations and is in the custody and control and used at the direction of HSST, will be the financial responsibility of the agency supplying said property. FUNDING 58. 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 FOR OFFICIAL USE ONLY This document.is the property of the FBI and is loaned to your agency: Neither it nor its contents may be released without authorization by FBI 'Headquarters. FOR OFFICIAL USE ONLY 9 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 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with HSSTF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to HSSTF investigations may be equitably shared with the agencies participating in the HSSTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the HSSTF's objectives. 62. The participating agencies 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 63. All media releases and statements will be mutuallyagreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION. TO. HSSTF AND SECURITY CLEARANCES 65. If a Beaumont Police Department candidate for the HSSTF will require a security clearance, he or she will be contacted by FBI security:personnel to begin the background investigation, process prior to the assigned start date. 66. If, for any reason, the FBI determines that an HSSTF candidate is not qualified or eligible to serve on the HSSTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and. procedures. 'During the briefing, each candidate will execute FOR OFFICIAL USE ONLY This document, is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 10 non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 68. Before receiving.unescorted access to FBI space identified as an open storage facility, HSSTF personnel will be required to obtain and maintain a "Top Secret" security clearance..HSSTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the HSSTF, each individual whose assignment to the HSSTF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. LIABILITY 70 The -participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the HSSTF. 71. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the HSSTF or otherwise relating to the HSSTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the HSSTF remains -vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the HSSTF, the officer may request legal representation_ and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below._ 72. For the limited,purpose of defending against a civil claim arising from 'alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.G. § 1346(b), and`§§ 2671- 2680: An individual assigned to the HSSTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FICA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2)..Once an individual is certified, as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant With respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and .the FBI cannot guarantee such certification .to any HSSTF personnel. FOR OFFICIAL USE ONLY This document.is the property'of the FBI and is loaned to your agency,. Neither it nor its contents FBI H"may be released without authorization by eadquarters. FOR OFFICIAL USE ONLY 11 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal. Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the HSSTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.1.6. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Houston Division, who will then coordinate the request with the FBI Office of -the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification -from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case-by-case'basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any HSSTF personnel. 74. Liability for any conduct by HSSTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 75. The term of this MOU is for the duration of the HSSTPs operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the HSSTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the HSSTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the HSSTF 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 HSSTF participation. MODIFICATIONS 78, This agreement may be modified at any time by written consent of all involved agencies. 79. 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. FOR OFFICIAL USE ONLY' . This document is the property of the FBI and is loaned to your agency. Neither it not its contents may be released without authorization .by FBI Headquarters. FOR OFFICIAL USE ONLY 12 SIGNATORIES Jam H. Smith III Special Agent in Charge Federal Bureau of Investigation Chief Beaumont Police Department Date Date FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. USE OF BODY -WORN CAMERAS (BWC)DYFLDERALLY-DE PVTIZED TASK FORCE, OFFICERS DURING IF, TASK FORCE OPERATIONS 1. The parent agency of each individual Task Force Officer (TFO) assigned to the Houston Safe Streets Task Force will ensure while the individual is participating in FBI -led task force operations the individual will comply with the requirements of the Department of Justice Policy on Use of Body Worn Cameras issued in October 2020 (hereinafter "DOJ Policy") . 2.. The parent agency and the TFO will each acknowledge their review of the DOJ Policy and FBI Standard Operation Procedures (SOPs). The parent agency will provide signature authority and the TFOs will initial both documents. These copies will be placed in the Task Force Management Application (TFMA) file as well as in the FBI Field Office Task Force administrative file. 3. The parent agency of each individual assigned to the (Safe Streets Task Force) as well as each TFO assigned to the FBI -led task force will acknowledge the parent agency's policies and procedures for use of BWC will be superseded by the DOJ Policy during FBI Task Force operations. Each agency will sign an Acknowledgement form and each TFO will initial the same form which will be placed in the Task Force Management Application (TFMA) file as well as in the FBI Field Office Task Force administrative file. 4. TFO authority to utilize BWCs during FBI Task Force operations will commence on the date all signatures and approvals are obtained and will remain in effect unless discontinued by mutual agreement of the parties. 5. Pursuant to the DOJ Policy, TFO BWC recordings, including such recordings residing in the state/local agency's BWC system or other copies retained by the agency and/or in the possession of any third parry engaged by the agency to store or process BWC recordings, are deemed to be a federal record, subject to federal access to information laws, regulations, policies, and procedures, SIGNATORIES: Date: Chief Beaumont Police Department Date:. Special Agent in ChaKge Houston Division Federal Bureau of Investigation UNCLASSIFIED//FOR OFFICIAL USE ONLY FEDERAL BUREAU OF UWESTIGATION STANDARD OPERATING PROCEDURES (SOPs) FOR TASK FORCE OFFICER BODY -WORN CAA RA PROGRAM 1.0 (U//F ouo) BODY WORN CAMERA (BWC) RECORDING REQUIREMENTS 1.1(U//F0UO) In accordance with the DOJ Policy, § II, Task Force Officers (TFOs) assigned to the FBI will strictly adhere to the following BWC recording requirements: 1.2 (U//FOUO) Unless subject to a specific exception below, TFOs employed by a law enforcement agency (hereinafter TFO Agency) that mandate the use of BWCs on an FBI Task Force may wear and activate their recording equipment for the purpose of recording their actions ONL during: (1) A planned attempt to serve an arrest warrant or other planned arrest; and/or (2) The execution of a search warrant at a residence, commercial building, office, or other physical location. 1.3 (U//FOUO) Under circumstances presented in section 1.2 TFOs are authorized to activate their BWCs upon making entry into and/or approaching a premises and/or upon approaching a subject, and will malce reasonable efforts to deactivate BWCs when the scene is secured as determined by the FBI On -Scene Commander (defined as FBI On -Scene Commander, SSA, ASAC, and/or other designee of the FBI On -Scene Commander), -1.4 (U//FOUO) In the event circumstances arise requiring additional law enforcement assistance to secure a scene, the TFO will end BWC recording when relieved from the scene by another law enforcement officer or when directed by an FBI on -scene commander. 1.5 (U//FOLIO) To ensure BWC usage consistent with DOJ Interim Policy and FBI SOPs, FBI Task Force SSA must document in writing TFO Agency and TFO review and acknowledgment of said policy and SOPs prior to BWC utilization. TFO Agency review and acknowledgment will be accomplished through the execution of an addendum to the existing Task Force Memorandum of Understanding (MOU). Individual TFO acknowledgment will be accomplished once, through an initialed copy of said policy and SOPs being placed in the applicable Field Office Task Force administrative file and the FBI Task Force Management Application. 1 UNCLASSIFIED//F'OR OFFICIAL USE ONLY UNCLASSIFIED//FOR OFFICIAL USE ONLY 1.6 (U//FOUO) To ensure BWC usage consistent with DOJ Interim Policy and FBI SOPS, FBI SSA must, when reasonably able, document whether TFO BWCs will be deployed in the applicable Operational Plan (FD-888). A decision to not deploy TFO BWCs pursuant to the exceptions and restrictions in Section 2.0, below, should, when possible, be explained in the Operational Plan. When circumstances reasonably allow, prior review and approval of the decision regarding TFO BWC usage, as contained in the Operational Plan, should be acquired from Field Office Executive Management. 1.7 (U//FOUO) TFOs who are issued BWCs and who intend on activating BWCs during an FBI operation must be present for Operation Plan briefings and shall verbally advise all Task Force participants of the presence of and intent to activate BWC, 1.8 (U//FOUO) When feasible, TFOs shall verbally notify Task Force participants when activating BWCs during an operation, and likewise will advise when BWCs are deactivated. 1.9 (U//FOUO) The responsibility to ensure a BWC is in working order lies with the respective TFO and TFO Agency providing said equipment during FBI operations. 2.0 (U//FOUO) EXCEPTIONS FROM TFO BWC RECORDING AUTHORIZATION 2.1(U//F0UO) In accordance with the DOJ Policy, § II, TFOs assigned to the FBI will strictly adhere to the following exceptions and restrictions on the wearing, use and activation of BWCs: 2.2 (U//FOUO) TFOs are prohibited from wearing, using or activating BWCs within FBI work space. This includes Field Offices, Resident Agencies, off sites, and any other FBI operated facility, training site, or FBI controlled area. 2.3 (U//FOUO) During FBI Operations, TFOs may wear and activate their recording equipment in accordance with this policy where they are authorized under both TFO Agency internal policy and state, local, territorial and/or tribal law to act as a police or peace officer. TFOs may not wear and/or activate BWCs outside the confines of the TF Agency home state. 2.4 (U//FOUO) TFOs are prohibited from recording: (1) Undercover personnel; (2) Confidential informants or confidential sources; (3) On -scene witness interviews prior to or after an operation; 2 UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLASSIFIED//FOR OFFICIAL USE ONLY (4) Personnel using specialized or sensitive investigative techniques or equipment; (5) Personnel conducting activities related to sensitive investigations, sensitive locations, or during any activities involving classified information; and/or (6) Actions by any non -law enforcement persons at the scene who are assisting law enforcement personnel. 2.5 (U//FOUO) TFOs should not wear, use, or activate a BWC if the TFO is using specialized or sensitive investigative equipment or techniques, and/or while working in an undercover or covert status. TFOs shall not use their BWCs while engaged in any activities with Hostage Rescue Team or during FBI SWAT operations. The decision as to whether a particular investigative technique is deemed specialized or sensitive lies within the exclusive purview of the FBI and as such will be determined by an FBI On -Scene Commander, SSA, ASAC, or SAC/ADIC. 2.6 (U//FOUO) Under no circumstances shall TFOs use their BWCs to record any activities related to national security or other investigations involving classified information. As a result, TFOs shall not wear, utilize or activate their BWCs while engaged in operations by an FBI Joint Terrorism Task Force, or any Counterintelligence or Domestic Terrorism squads or Task Forces. 2.7 (U//FOUO) TFOs generally may not use their BWCs to record any activities related to sensitive investigations or locations. Sensitive investigations or locations include, but are not limited to, investigations involving medical facilities and investigations involving or potentially encountering the sexual exploitation of children. The decision as to whether an FBI investigation, operation, or location is deemed highly specialized, sensitive, or classified lies within the exclusive purview of the FBI and as such will be determined by an FBI On -Scene Commander, SSA, ASAC, and/or SAC/ADIC. 2.8 (U//FOUO) In compliance with the DOJ Interim Policy, an FBI on -scene commander must consider operational needs, tactical necessities, the equities of the public,'the FBI, and all participating TFO Agencies, and may thus consider the presence of TFO BWCs when determining assignment and location of respective TFOs during an arrest and/or search warrant operation. 2.9 (U//FOUO) In the event of inconsistent or contradictory TFO Agency policies pertaining to the wearing, use, and activation of BWCs, the DOJ Policy and FBI SOPs will control use of BWCs during all FBI operations. The decision of the FBI SAC/ADIC regarding the usage of BWCs during FBI operations is final. 3 UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLASSIFIED//FOR OFFICIAL USE ONLY 2.10 (U//FOUO) An FBI Field Office. SAC/ADIC must approve in advance and in writing any deviation from these SOPs relating to the utilization of BWCs. I£ the SAC/ADIC grants a deviation from the recording requirement under for a reason not anticipated by this policy, the nature of circumstance calling for the deviation from policy must be articulated. 3.0 (U//FOUO) DOCUMENTATION AND STORAGE OF BWC RECORDINGS 3.1(U//FOUO) In accordance with the DOJ Policy, § III, TFOs assigned to the FBI will strictly adhere to the following requirements for the storage of BWC footage: 3.2 (U//FOUO) The TFO activating a BWC during an FBI operation is responsible for providing a copy of the resulting TFO BWC recordings to the FBI within five (5) business days unless directed by the FBI Task Force Supervisory Special Agent, or other FBI Executive Manager to do so sooner. 3.3 (U//FOUO) The TFO shall draft an FD-302 documenting the existence of the recording, reasons for recording as reflected in the FBI BWC SOP, and attesting the data provided is a fair and accurate copy of the data recorded by the BWC. 3.4 (U/FOUO) TFO BWC recording shall be placed onto external media (e.g., DVD, hard drive, etc.) or otherwise incorporated into an FBI system of record. 3.5 (U//FOUO) If placed upon external digital media, the digital media must be placed in a FD-340 (1A) envelope, attached to the FD-302 and submitted to the applicable FBI system of record. 3.6 (U//FOUO) TFO shall not submit the BWC footage to any other agency investigative file. 3.7 ((J//FOUO) If at the conclusion of an FBI operation, TFO discovers the BWC malfunctioned,, the result of the malfunction must be documented via FD-302 in accordance with the requirements of section 3.2. Specifically, the TFO must document if the malfunction was device or user error and whether any recording was made. 4.0 (U//FO`UO) FrnERAL Rwo"S, OWNERSIUF, IDISSEIMATION AND FREcDOM OF INFORMATIONACT 4.1(U//FOUO) In accordance with the DOJ Policy, § ICJ, TFOs assigned to the FBI and TFO host agencies will strictly adhere to the following designation, safeguarding and dissemination of BWC footage: 4.2 (U//FOUO) TFOs are federally deputized officers and when they perform duties on an FBI Task Force they are acting on behalf of the FBI and thus the records they create are federal records pursuant to the Federal Records Act. This includes 4 UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLASSIFIED//.FOR OFFICIAL USE ONLY recordings retained by the TFO Agency and/or those in the possession of any third party engaged by the TFO Agency to store or process BWC recordings. 4.3 (U//FOUO) TFO BWC recordings will be controlled by, and are the property of, the DOS and will be retained and managed by the FBI. These records cannot be disseminated without the written permission of the DOS, subject to the following exceptions: Internal Dissemination: The TFO Agency is authorized to use TFO BWC recordings for internal investigations of its personnel consistent with TFO Agency policies and procedures, not involving dissemination outside the TFO Agency or public release. The TFO Agency shall provide written notification to the sponsoring federal agency prior to any internal review. Expedited Public Release: If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO Agency shall notify the FBI Special Agent in Charge (SAC) and the United States Attorney if it intends to publicly release the TFO BWC recording(s). The FBI and the United States Attorney will expeditiously review the recording(s) and provide official concurrence with public release as soon as practical, unless there are specific and compelling circumstances justifying an objection to public release that cannot be resolved by redaction or other means. Upon official concurrence, the TFO Agency may immediately release the recording(s) with any agreed -upon redactions, giving as much advance notice as possible to the FBI and United States Attorney as to the time and manner of its release. 4.4 (U//FOUO) Access to any recording produced through TFO utilization of BWCs during FBI operation's must be limited by the TFO Agency to only personnel in the direct supervisory chain of command of the TFO or other administrative personnel necessary to the retrieval of the BWC footage. 4.5 (U//FOUO) In all circumstances, TFO BWC recordings shall be treated as law enforcement sensitive information, the premature disclosure of which could reasonably be'expected to interfere with enforcement proceedings, and as potential evidence in a federal investigation subject to applicable federal laws, rules, and policy concerning any disclosure or dissemination; and therefore deemed privileged absent appropriate redaction prior to disclosure or dissemination. 4.6 (U//FOUO) Nothing in these procedures shall be deemed to provide a right of public access to TFO BWC recordings. 4.7 (U//FOUO) TFO Agencies consent to FBI direct access to BWC footage recorded during FBI operations, and FBI is expressly granted the ability to retrieve. BWC footage acquired during FBI operations. 5 UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLASSIFIEWFOR OFFICIAL USE ONLY 5.0 (U//FOUO) TASK FORGE AGENCY REQUMMENTS FOR NOTIFICATION AND DOCUMENTATION OR BWC SERVICE PROVIDER. 5.1(U//FOUO) Consistent with the DOJ Policy, § V, TFO Agencies who wish for their TFOs assigned to an FBI Task Force to activate BWCs during FBI operations will strictly adhere to the following reporting requirements relative to BWCs: 5.2 (U//FOUO) Prior to any TFO utilization of BWCs, the applicable TFO Agency must provide the FBI with written documentation describing the retention policy of the BWC recordings, owner/contractor which is providing BWC equipment, instruction, and data storage to the TFO Agency. Information required includes, but is not limited to, name of BWC network owner/contractor, maintenance contract, use contract, address, contact information and host server location(s). 5.3 (U//FOUO) FBI must be provided with direct access to the storage facility and/or host server which houses, retains, or stores, TFO BWC data and footage upon request of the FBI, in order to evaluate network security vulnerabilities. 6 UNCLASSIFIED//FOR OFFICIAL USE ONLY FD•815 (Rev. 64-00) FEDERAL BUR1 ♦ AU OF INVESTIGATION Precedence: GENERAL TITLE 21 AUTHORITY Date: 10/13/2022 SAC 10/01/2024 To.S ecial Agent in Charge p g g (SAC) Expiration: From: SSRA Nicole Sinegar Case ID 4: 281D-HO-C34954-BMT Title: FBI Deputation Authority; OC/DRUG Matters TITLE 21 DEPUTATION ION "WEE I` It is requested that the below -listed law enforcement officer(s), who is participating in an investigation in which the FBI is also participating, be approved for deputation. Deputation is requested pursuant to Title 21, United States Code. The law enforcement officer(s) listed below has been recommended for deputation by the FBI Case Agent, upon recommendation of the appropriate representative of the participating agency or agencies. The OCDETF Assistant United States Attorney Task Force Coordinator and the FBI Regional OCDETF Coordinator have been notified when an OCDETF investigation is involved. An FBI Supervisory Special Agent has been selected to supervise the Title 21 aspects of the case to which the officer will be assigned. The law enforcement officer(s) listed below agrees to adhere to the policies and procedures of the FBI. Each listed officer is aware that failure to adhere to the policies and procedures of the FBI shall be grounds for dismissal from the Task Force and termination of the deputation. The recommending agency representative has also been apprised of the same policies and procedures, which are more specifically set out below. The law enforcement officer(s) to be deputized agrees to strictly adhere to the requirements of Rule 6(e)of the Federal Rules of Criminal Procedure relating to Grand Jury secrecy. Further, he/she agrees that any disclosure of Grand Jury material shall be made only after permission has been granted by a United States District Court upon notice or motion of a Task Force Attorney. The recommending agency representative certifies that the personnel identified below are not currently subject to any type of disciplinary action, nor are there any disciplinary actions or investigations pending that would adversely affect or compromise their participation in the Task Force. Moreover, he/she certifies that the personnel are qualified under state or local agency policy to carry a firearm. The below -listed law enforcement officer(s) will be participating with the FBI in an investigation of Violations of Title 21, United States Code. The officer(s) has been advised that he/she is authorized to invdstigate, under FBI supervision, violations of Title 21 and those drug -related violations falling within the FBI's jurisdiction that arise out of an investigation predicated on drug violations. The officer(s) has been advised that he/she does not possess general authority to act as an FBI Special Agent. State or local officers will continue to be subject to the established lines of supervision of their agency. Regriesting offices music complete the following: FBI indices checks for each officer are negative: W kes QNo (IT no, response must be accompanied by a summary explanation.) Task Force Casd Number(s), if any: FBI Case Number(s): ANY TITLE 21 CASES Federal rudicial District- I ' EX td� 5 Monitoring Title III: F-7-kes DNo The participating state and local officers are listed below: Full Name DOE Social Security Number State or Local Government Date Firearms Qualified Aaron Lewallen Local 08/19/2022 Additional names attached? 11Yes ®No Required Signatures (Official recommends officer(s) for deputation.) 111t bpecial Agent-in-Uharge rEI Case Supervisory Special Agent State/Local Department Official James Singletary Cheif Title and Department