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HomeMy WebLinkAboutCouncil Resolution 1528 RESOLUTION NO. IST A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE FOR VIOLENT OFFENDER TASK FORCE Recitals: A The City is authorized to enter into agreements with units of local government or other governmental bodies for the performance of any or all of its functions or activities that a party to the agreement, its officers, or agents have the authority to perform under ORS 190.110 et seq. B The United States Marshals Service ("USMS") is authorized by federal law to direct and coordinate a permanent USMS Violent Offender Task Force consisting of federal,state and local law enforcement agencies for the purpose of locating and apprehending fugitives. C. The primary purpose of the Task Force is to investigate and arrest persons who have active state and federal warrants for their arrest m order to improve public safety and reduce violent crime. D As a participating agency,the City would refer cases to the task force (primarily violent crimes, weapons offenses,felony drug offenses and failure to register as a sex offender). Investigative teams will work together to resolve these cases. E. In consideration for the City's participation,the USMS would agree to fund overtime incurred by the City for full-time support of the task force or reimburse for travel,training, purchase, or lease of police vehicles,fuel,and supplies pursuant to the terms of the MOU. Reimbursement would be based in part upon availability of USMS Asset Forfeiture Funds. The City of Central Point resolves as follows: Section 1. The Memorandum of Understanding between the USMS and the City of Central Point for participation in the Violent Offender Task Force attached hereto as Exhibit"A" incorporated herein by reference, is hereby adopted by the City Council and approved for signature by the City Manager Passed by the Council and signed by me in authentication of its passage this 02%A-day of January, 2018. Mayor Hank Williams Alit : City Recorder 4 Res. No./S1S2 ;January 25,2018 Page 1 United States Marshals Service Violent Offender Task Force —Memorandum of Understanding PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(I)(B) As set forth in the Presidential Threat Protection Act of 2000 and directed by the Attorney General, the USMS has been granted authority to direct and coordinate permanent USMS Violent Offender Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives The authority of the USN'S to investigate fugitive matters as directed by the Attorney General is set forth in 28 USC § 566 The Director's authority to direct and supervise all activities of the (ISMS is set forth in 28 USC § 561(g) and 28 CFR 0.111.The authority of United States Marshals and Deputy U.S Marshals, "in executing the laws of the United States within a State. . . exercise the same powers which a sheriff of the State may exercise in executing the laws thereof' is set forth in 28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2& 15. (See also) "Memorandum for Howard M Shapiro,General Counsel. Federal Bureau of Investigation" concerning the "Authority to Pursue Non-Federal Fugitives", issued by the U.S. Department of Justice, Office of Legal Counsel, dated February 21 1995. (See also) Memorandum concerning the Authority to Pursue Non-Federal Fugitives, issued by the USMS Office of General Counsel, dated May, I, 1995. (See al.soi 42 U S C § 169411a)(the Attorney General shall use the resources of federal law enforcement, Including the United States Marshals Service. to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements). MISSION: The primary mission of the task force is to investigate and arrest, as part ofjo int taw enforcement operations, persons who have active state and federal warrants for their arrest. The intent of the joint effort is to investigate and apprehend local, state and federal fugitives,thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for investigation by the VOTF(Violent Offender Task Force). Cases will be adopted by the VOTF at the discretion of the District Chief Deputy. Targeted crimes will primarily include violent crimes against persons, weapons offenses, felony drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a criminal history involving violent crimes, felony drug offenses, and/or weapons offenses. Upon receipt of a written request, the VOTF may also assist non-participating law enforcement agencies in investigating, locating and arresting their fugitives. Task force personnel will be assigned federal, state,and local fugitive cases for investigation. Investigative teams will consist of personnel from different agencies whenever possible. Participating agencies retain responsibility for the cases they refer to the VOTF. Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center(NCIC' by the USMS or originating agency, as appropriate. State or local fugitive cases will be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the concerned state or local agency. Page 1 of4 Ti MOL Rev 10116 SUPERVISION: The VOTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Agency personnel must be approved by the District Chief Deputy prior to assignment to the VOTF. Agency personnel may be removed at any time at the discretion of the District Chief Deputy. Direction and coordination of the VOTE shall be the responsibility of the USMS District Chief Deputy Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. A Task Force Advisory Committee, consisting of representatives of participating agencies and USMS district personnel. may be established at the discretion(lithe District Chief Deputy and will meet and confer as necessary to review and address issues concerning operational matters within the VOTF PERSONNEL: In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task force are required to undergo background investigations in order to be provided unescorted access to I ISMS offices, records, and computer systems. The USMS shall bear the costs associated with those investigations. Non-USMS law enforcement officers assigned to the task force will be deputized as Special Deputy U.S. Marshals. Task force personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance of task force operations. State or local task force officers traveling on official business at the direction of the USMS shall be reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws, rules, and regulations. REIMBURSEMENT: If the Marshals Service receives Asset Forfeiture funding for either I) overtime incurred by state and local investigators who provide full time support to USMS VOTF joint law enforcement task forces; or 2)travel, training, purchase or lease of police vehicles, fuel, supplies or equipment for state and local investigators in direct support of state and local investigators, the USMS shall, pending availability or funds, reimburse your organization for expenses incurred, depending on which category of funding is provided. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25%of a GS-1811-12, Step I,of the general pay scale for the RI ES. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for the VOTF during the quarter;the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total quarterly cost. Page 2 of 4 it MOV Ro miw 1 he request for reimbursement must be submitted to the District Chief Deputy, who will review the request for reimbursement, stamp and sign indicating that services were received and that the request for reimbursement is approved for payment. Supporting documentation must accompany requests for reimbursement for equipment, supplies,training. fuel, and vehicle leases. VEHICLES AND EQUIPMENT: Notwithstanding the above, pending the availability of asset forfeiture funding and approval by the USMS in advance of any purchase, the USMS may acquire vehicles and equipment purchased in support of full time state and local investigators assigned to the VOTF involved in joint law enforcement operations. Such vehicle and equipment purchases are to be tilled to the state or local law enforcement agency and must comply with requirements prescribed by the USMS pursuant to this MOU and applicable policies of the United States Department of Just ice. Vehicles and equipment provided to state and local law enforcement agencies with asset forfeiture monies provided by the USMS must remain available for exclusive use of the task force officers assigned to the VOTE by the undersigned participant agency for the duration of the task force. Upon termination of the agreement, usage and disposition of such vehicles are at the discretion of the undersigned state or local law enforcement agency. Pending the availability of funds and equipment,the USMS will issue USMS radios, telephones, and other communication devices to each task force officer to be used for official VOTF business. All equipment used by or assigned to task force officers by the USMS or an agency will remain the property of the agency issuing the equipment and will he returned to that agency upon termination of the task force,or upon agency request. RECORDS AND REPORTS: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the VOTF shall be retained by the agency in the VO IT responsible for the case. However, evidence may be turned over to other law enforcement agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws, rules, and regulations. Task force statistics will be maintained in the USMS Justice Detainee Information System (JDIS) - Warrant Information Netwoik(WIN). Statistics will be made available to any participating agency upon request. INFORMANTS: Pending the availability of funds, the USMS may provide funding for the payment of informants However, all payments of informants utilizing USMS funding shall comply with USMS policy USE OF FORCE: All members of the VOTF will comply with their agencies' guidelines concerning the use of firearms, deadly force, and less-than-lethal devices,to include completing all necessary training and certification requirements. All members of the VOTF and their parent agencies will read and adhere to the DOJ Policy Statement on the Use Of Less-Than-Lethal Devices, dated May 16, 2011. Copies of all applicable firearms, deadly force, and less-than-lethal policies shall be provided to the District Chief Deputy and each concerned task force officer. In the event of a shooting involving task three personnel, the incident will be investigated by the appropriate agency(s). Page 3 of 4 FE NOV Re,.mile NEWS MEDIA Media inquires will he referred to the District Chief Deputy A press release may be issued and press conference held, upon agreement and through coordination with participant agencies' representatives. All press releases will exclusively make reference to the task force RELEASE OF LIABILITY: Each agency shall he responsible for the acts or omissions of its employees. Participating agencies or their employees shall not be considered as the agents of any other participating agency. Nothing herein waives or limits sovereign immunity under federal or state statutory or constitutional law EFFECTIVE DATE AND TERMINATION: This MOU is in effect once signed by a law enforcement participant agency. Participating agencies may withdraw their participation after providing 30 days advanced written notice to the District Chief Deputy U.S. Marshal. District: United States Marshal: Print Name [lemony, Dale Participant Agency: Name: Location(City&state): Phone: Participant Agency Representative: Punt N.un,4 I els Stgen'm, Dale Assistant Director, Investigative Operations Division: Print Neta, await rc Dai, Page 4 of 4 Tr moo aer.mita