HomeMy WebLinkAboutResolution - 2018-R0308 - Joint Operation MOU With US Marshal's Service - 09/13/2018Resolution o. 20 l 8-R0308
Item No. 6.24
September 13, 20 18
RESOLUTION
BE IT RESOL YEO BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the Cit y of Lubbock is hereby authori zed and directed to
execute for and on behalf of the City of Lubbock, an Short-Term Joint Operation
Memorandum of Understanding and related documents between the City ol'
Lubbock and the United States Marshal 's Service related to the investigation and/or
arrest of persons with active arrest warrants, with reimbursement to the City of
Lubbock for certain overtime expenses, not to exceed $9,155.90. Said agreement is
allachcd hereto and incorporated in this resolution as if fully set forth herein and shal I
be included in the minutes of the City Council.
Passed by the City Counci l on September 13, 2018
DANIEL M. POPE, MAYOR
APPROVED AS TO CONTENT:
/
/
Resolution No. 2018-R0308
United States Marshals Service
Short-Term Joint Operation -Memorandum of Understanding
PARTIES AND AUTHORITY:
This Memorandum of Understanding (MOU) is entered into by the participating agency
and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § S66(e){l)(B) and 42
U.S.C. § 1694l(a}. Under those stab.ates, the USMS is authorized to assist state and local
jurisdictions in executing arrest warrants for certain violent state feJons and in locating and
apprehending sex offenders who are non-compliant with the requirement that they register as a
sex offender. This MOU is for use in temporary, short-tenn,joint operations with state/local
agencies not a part of standing USMS regional and/or district task forces and in geographic areas
not routinely served by standing USMS regional and/or district task forces.
MISSION:
The primary mission of the operation is to investigate and/or arrest, as part of temporary, short-
tenn joint law enforcement operations, persons who have active state arrest warrants adopted by
the USMS and/or federal warrants for their arrest and/or who are in potential violation of the
Adam Walsh Act. The intent of this joint effort is to investigate and/or arrest local, state, and
federal fugitives, to improve public safety, reduce violent crime, and reduce the number of
fugitive non-compliant sex offenders.
PERIOD OF PERFORMANCE/EFFECTIVE DATEITERMINATION:
Once signed, this MOU will become effective upon the commencement of the operation and
tenninate upon the operation's conclusion.
PERSONNEL:
Administrative matters which are internal to the participating agencies remain the responsibility
of the respective agencies. Furthennore, each agency retains responsibility for the
supervision/conduct of its personnel in this joint endeavor.
REIMBURSEMENT:
If the Marshals Service receives Asset Fopeiture funding for ei~er l) overtime incurred by state
and local investigators who provide support to USMS joint law enforcement operations; 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 shaJJ, pending
availability offuods, reimburse your organization for expenses inculTed, 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 of25% of a GS-1811-12, Step 1, of the general pay scale for the RUS.
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 incuaed overtime for
the joint operation during the quarter; the number of overtime hours incurred, the hourly regular
and overtime rates in effect for each investigator, and the totaJ quanerly cost. The 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. Supponing documentation must accompany requests
for reimbursement for equipment, supplies, training, fuel, and vehicle leases.
Funds for all USMS approved expenditures are capped at no more than "'ff'--++..,_-"--_
USE OF FORCE:
AU members of the participating agency shall comply with their agencies' guidelines concerning
the use of fireanns and deadly fo rce. All members of the participating agency s hall comply with
United States Justice Department guidelines concerning the use of less-lethal devices. Copies of
all applicable firearms, deadly fo rce, and less-lethal policies shall be provided to the District
Chief Deputy and each concerned task force offi cer. In the event of a shooting involvi ng task
force personnel, the incident will be investigated by the appropriate agency(s).
NEWS MEDIA:
Media inquires will be referred to the District Chief Deputy. A press release may be issued and
press con ference 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 be responsible fo r the acts or omissions of its employees. Participating
agencies or their employees shall not be considered as the agents of any other participating
agency. N othing herein waives or limits sovereign immunity under federal or state statutory or
constitutional law.
Operation Name: Lubbock Back-to-School
For the
U~ited Stat s'Marshal
Partici a ting USMS District
d/11/101& Date
Approved as 17 m: / {
By: /
John C. Grace, Asst. Ciry Attorney /.
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