HomeMy WebLinkAboutResolution - 2024-R0253 - MOU, US DHS And HSI, Effective Enforcement, Laws Relating To HSI Jurisdiction - 05/14/2024Resolution No. 2024-RO253
Item No. 6.25
May 14, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of I,iil�ock is hereby authorized and directed to execute for and
on behalf of the Cite of Lubbock. M;,iio randur.i C1' Underst:ul.''Pigr (MOU) Between the US
Department of 11o;iiJailLi 1�CCW'ity 1nvc-�ti�',it:cns (I N) and the City of
Lubbock on bclaulf of the Lubbocl� _'(-)lice Dep.rtrnc;)t reL3.�: iin *,i:c cl_e..ive enforcement of
the laws relating to HIS jurisd'.:,:o:.. ::11 Sai�! VOA' is attic; cd hereto
and incorporated in this rest lul:un 1 ,11 i"rrth herein and �'iall be incltuic,l in the
minutes of the City Council.
Passed by the City Council on May 14, 2024
APPROVED AS TO CONTENT:
Gregory W. Ifushin, Interim Chief of Police
APPROVED AS TO FORM:
RyA Br `oke, MnidfAssistant City Attorney
RESNOU HSI Task Force 2024
2,22.24
Resolution No. 2024-R0253
MEMORANDUM OF UNDERSTANDING
between
U.S. DEPARTMENT OF HOMELAND SECURITY
HOMELAND SECURITY INVESTIGATIONS
and
Lubbock Police Department
regarding
THE DESIGNATION OF Lubbock Police Department EMPLOYEES
AS CUSTOMS OFFICERS (EXCEPTED)
1. PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs
Enforcement (ICE) Homeland Security Investigations (HSI) and the City of Lubbock on behalf of the
Lubbock Police Department.
2. AUTHORITY. Title 19, United States Code (U.S.C.), Section 1401(i); 19 U.S.C. § 1589a. This MOU is also
authorized under the provisions of Texas Code of Criminal Procedure Sec. 14.03
3. PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close
cooperation and coordination between the two Parties. The Parties have therefore entered into this MOU to govern
the use of HSI designations by certain employees of Lubbock Police Department
Pursuant to section 401(i), Tariff Act of 1930, as amended (19 U.S.C. § 1401(i)), the Secretary of Homeland Security
is authorized to designate persons as Customs Officers (Excepted) to perform the duties of a Customs Officer.
Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § 1589a,
customs officers are authorized to enforce the full range of federal offenses. However, in designating Customs
Officers (Excepted), HSI is not conveying the authority to enforce administrative violations of immigration taw.
There may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of
Lubbock Police Department to perform certain HSI duties. This MOU sets forth
the agreement and relationship between the Parties with respect to this determination.
4. RESPONSIBILITIES.
The Parties agree as follows:
HSI agrees to:
a. Designate certain employees of Lubbock P,:, j cc Department as Customs
Officers (Excepted), without additional compensation, to perform the duties as noted on the "Designation,
Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001). This form is attached and is
hereby made part of this MOU;
b. Issue a "Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001) to each
qualified and designated employee;
Provide appropriate training in laws, policies, and procedures to each designated employee;
ICE Form 73-002 (5114) Page 1 of 3
Advise the designated Customs Officers (Excepted) about court proceedings concerning seizures or
arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU;
and
e. Process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to the
designated Customs Officers (Excepted) while such individuals are acting pursuant to this MOU, for
compensation under the Federal Employee Workers Compensation Act (5 U.S.C. § 8101, et seq.).
Lubbock Police Department ag�62S:
a. That only sworn law enforcement officers of Lubbock Police Department
who successfully complete the appropriate HSI Task Force Officer cross-designation Training Course and
receive an approved "Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form
73-001) will be designated as Customs Officers (Excepted);
b. That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and
Restrictions as noted on the °Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE
Form 73-001);
c. To advise HSI of each court proceeding in which the validity of a Customs Officer (Excepted)'s
enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance
as deemed necessary by HSI;
d. That agency employees designated as Customs Officers (Excepted) will follow HSI directives and
instructions when utilizing enforcement authority conveyed by HSI;
e. To provide to HSI, before designation of each officer and on an ongoing basis, any derogatory information,
or information that may call into question the officer's truthfulness or ability to testify in court; and
To return all HSI-issued equipment and identification when a cross-designated officer terminates
employment or when his or her cross-designation expires.
Both Parties aqree:
That any abuse of HSI cross-designation authority may lead to the revocation of such cross-designations
by HSI; and
b. To schedule periodic meetings to review this MOU, as required.
5. REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed "Designation, Customs
Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001). Copies of this form will be held by the
Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer (Excepted), and
Lubbock Police Department .
If applicable, the HSI office will maintain documentation of designated Customs Officers (Excepted) approved to
use HSI vehicles and certification that the designated Customs Officers (Excepted) have completed the ICE Fleet
Card Training in Virtual University and any other fleet related training.
ICE Form 73-002 (5/14) Page 2 of 3
S. POINTS OF CONTACT.
7.
8.
9.
HSI Office: RAC Lubbock
Name: Tim Raymond
Title: (A) Resident Agent in Charge
Address: 1205 Texas Avenue, RM 108
Lubbock, Texas 79401
Telephone Number: +1 (806) 893-5667
Fax Number:
E-mail Address: tim. j. raymond@hsi . dhs . gov
Lubbock Police Department:
Name: Neal Barron
Title: Assistant Chief of Police
Address:1205 15th Street
Lubbock, Texas 79457
Telephone Number: +1 (806) 775-2751
Fax Number:
E-mail Address: nbarron@mylubbock. us
OTHER PROVISIONS. This MOU is an intemal agreement between the Parties and does not confer any rights, privileges, or
benefits to any other party or the public.
Nothing in this MOU is intended to conflict with current laws, regulations, or policies of either Party. If a term of this MOU is
inconsistent with such authority, that tertn shall be invalid but the remaining teRns and conditions of this MOU shall remain in full
force and effect.
Nothing in this MOU is intended or shall be construed to require the obligation, appropriation, or expenditure of any money from
the U.S. Treasury in violation of the Anti-Deficiency Act, 31 U.S.C. §§ 1341-1519.
The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU.
EFFECTIVE DATE. The terms of this MOU will become effective on the date the last Party signs the MOU. The Designation
Form of each Customs Officer (Excepted) is effective per the date on that document.
MODIFICATION. This MOU may be amended by the written concurrence of both Parties.
10. TERMINATION. This MOU may be terminated by either Party upon a 30-day written notification to the other Party.
APPROVED BY:
Lester R. Hayes, Jr. Tray Payne
Special Agent in Charge Mayor�bock
Homeland Security Investigations
U.S. Immigration and Customs Enforcement
Date:
On Beh�f of the Lubbock Police Department
Date: Mav 14, 2024
ICE Form 73-002 (5/14) Page 3 of 3
MEMORANDUM OF UNDERSTANllYNG (MOU) BETWEEN
HOMELAND SECURITY INVESTIGATIONS AND
THE LUBBOCK POLICE DEPARTMENT
FOR THE REIMBURSEMENT OF JOINT OPERATIONS
EXPENSES FROM THE TREASURY FORFEITURE FUND
This Agreement is entered into by the Lubbock Police Department (NCIC Code:
TX 1520200) and Immigration and Customs Enforcement (ICE), Homeland Security
Investigations (HSI), Office of the Special Agent in Charge (SAC) Dallas (hereinafter
referred to as HSI Dallas) for the purpose of the reimbursement of costs incurred by the
Lubbock Police Department in providing resources to joint operations/task forces.
Payments may be made to the extent they are included in the ICE Fiscal Year Plan, and
the money is available within the Treasury Forfeiture Fund to satisfy the request(s) for
the reimbursement of overtime expenses and other law enforcement expenses related to
joint operations.
I. LIFE OF THIS AGREEMENT
This Agreement becomes effective on the date it is signed by both parties. It remains
in force unless explicitly terminated, in writing, by either party.
II. AUTHORITY
This Agreement is estab(ished pursuant to the provisions of 31 USC 9705, the
Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of
certain expenses incurred by local, county, and state law enforcement agencies as
participants of joint operations/task forces with a federal agency participating in the
Treasury Forfeiture Fund.
III. PURPOSE OF THIS AGREEMENT
This Agreement establishes the responsibilities of both parties and the procedures for
the reimbursement of certain overtime expenses and other law enforcement expenses
pursuant to 31 USC 9705.
IV. APPLICABILITY OF THIS AGREEMENT
This agreement is valid for all joint investigations led by HSI Dallas, with the
participation of the Lubbock Police Department, and until terminated, in writing, by
either party.
V. TERMS, CONDITIONS, AND PROCEDURES
A. Assignment of Officer(s)
To the maximum extent possible, the Lubbock Police Department shall
assign dedicated officers to any investigation or joint operation.
Inc(uded as part of this Agreement, the Lubbock Police Department shall
provide the HSI Dallas with the names, titles, four last digits of SSNs,
badge or ID numbers, and hourly overtime wages of the officer(s)
assigned to the joint operation. This information must be updated as
necessary.
B. Submission of Requests for Reimbursement (Invoices) and
Supporting Documentation
The Lubbock Police Department may reyuest the reimbursement of
overtime salary expenses directly related to work on a joint operation
with HSI Dallas, performed by its officer(s) assigned to this joint
operation. In addition, the Lubbock Police Department may request
reimbursement of other investigative expenses, such as travel, fuel,
training, eyuipment and other similar costs, incurred by offcer(s)
assigned as members of the designated joint operations with the HSI
Dallas.
The Lubbock Police Department mav not request the reimbursement
of the same expenses from any other Federal law enforcement
agencies that may also be participating in the investigation.
2. Reimbursement payments will not be made by check. To receive
reimbursement payments, the Lubbock Police Department must ensure
that Customs and Border Protection, National Finance Center
(CBP/NFC) has a current ACH Form on file with the agency's bank
account information, for the purposes of Electronic Funds Transfer.
The ACH Form must be sent to the following address:
CBP National Finance Center
Attn: Forfeiture Fund
6650 Telecom Dr.
INDIANAPOLIS, IN 46278
If any changes occur in the law enforcement agency's bank account
information, a new ACH Form must be filled out and sent to the
CBP/NFC as soon as possible.
3. In order to receive the reimbursement of officers' overtime and other
expenses related to joint operations, the Lubbock Police Department
must submit to HSI Dallas the TEOAF Form "Local, County, and
State Law Enforcement Agency Request for Reimbursement of Joint
Operations Expenses (Invoice)", signed by an authorized
representative of that agency and accompanied by supporting
documents such as copies of time sheets and receipts.
4. The Lubbock Police Department remains fully responsible, as the
employer of the officer(s) assigned to the investigation, for the
payment of overtime salaries and related benefts such as tax
withholdings, insurance coverage, and all other requirements under the
law, regulation, ordinance, or contract, regardless of the reimbursable
overtime charges incurred. Treasury Forfeiture Fund reimburses
overtime salaries. Benefts are not reimbursable.
5. The maximum reimbursement entitlement for overtime worked on
behalf of the joint investigation is set at $15,000 per officer per year.
6. The Lubbock Police Department will submit all requests for the
reimbursement of joint operations' expenses to HSI Dallas, at the
following address: HSI-Dallas, 125 East John Carpenter Freeway
Suite 800, Attn: Latoya Reese, Ph.: 630-390-6006, Irving, Texas
75062
VI. PROGRAM AUDIT
This Agreement and its provisions are subject to audit by HSI, the Department
of the Treasury Office of Inspector General, the General Accounting Offce,
and other government designated auditors. The Lubbock Police Department
agrees to permit such audits and agrees to maintain all records relating to
these transactions for a period not less than three years; and in the event of an
on-going audit, until the audit is completed.
These audits may include reviews of any and all records, documents, reports,
accounts, invoices, receipts of expenditures related to this agreement, as well
as interviews of any and all personnel involved in these transactions.
VYY. REVISIONS
The terms of this Agreement may be amended upon the written approva( by
both parties. The revision becomes effective on the date of approval.
VIII. NO PRIVATE RTGHT CREATED
This is an internal government agreement between HSI Dallas and the
Lubbock Police Department and is not intended to confer any right or beneft
to any private person or party.
Signatures:
Mark Lippa
Acting Special Agent in Charge
Homeland Security Investigations
Dallas, Texas
Date:
�/
, ��/�.�
Neal Barron
Assistant Chief of Police
Lubbock Police Department
Date: [��Lj�'�
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