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HomeMy WebLinkAboutResolution - 2010-R0630 - Memorandum Of Understanding With TX Dept. Of HHSC Office Of Inspector General - 12/15/2010Resolution No. 2010-RO630 December 15, 2010 Item No. 5.45 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Memorandum of Understanding, by and between the City of Lubbock and Texas Health and Human Services Commission - Office of Inspector General, regarding the cooperation and allocation of investigatory resources, and related documents. Said Memorandum of Understanding is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on December 15, 2010 TOM WIXRTIN MAYOR ATTEST: RebedEa Garza, City Secretary APPROVED AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM: my L. c 'st City A aslccdocs/MOU= I'x Health & Fluman Srvs Commission.res 1115 10 Resolution No. 2010-R06 0 Contract: 9887 MEMORANDUM OF AGREEMENT BETWEEN TEXAS HEALTH AND HUMAN SERVICES COMMISSION — OFFICE OF INSPECTOR GENERAL AND THE CITY OF LUBBOCK, TEXAS STATE OF TEXAS COUNTY OF LUBBOCK THIS Memorandum of Agreement ("MOA") is entered into and between the HEALTH AND HUMAN SERVICES COMMISSION - OFFICE OF INSPECTOR GENERAL ("HHSC-OIG") and The City of Lubbock, Texas ("City"), governmental units of the State of Texas, as contracting parties ("Party/Parties"). ARTICLE 1. BACKGROUND a) The 81" Texas Legislature enacted a series of sweeping reforms in an effort to correct instances of abuse, neglect, and exploitation in State Supported Living Centers. b) The 81" Texas Legislature also approved a settlement agreement with the United States Department of Justice that requires, inter alfa, investigation by law enforcement personnel who have specialized training in working with individuals with developmental disabilities or mental retardation, into allegations of abuse, neglect, and exploitation. The agreement further requires that DFPS investigations be completed within 10 days of receiving a report of abuse, neglect, or exploitation. C) HHSC-OIG is the office within the Texas Health and Human Services Commission that is responsible for assisting with investigations of alleged criminal offenses involving a resident or client of a State Supported Living Center pursuant to TEXAS HEALTH & SAFETY CODE § 555.101. Its certified peace officers have completed specialized training in working with individuals with developmental disabilities, including persons with mental retardation. d) The City of Lubbock, Texas is the governmental entity with territorial jurisdiction over the State Supported Living Center located at 3401 North University Avenue, Lubbock, Texas 79408. As such, the City of Lubbock, Texas provides local law enforcement services to the State Supported Living Center located at 3401 North University Avenue, Lubbock, Texas 79408, and is responsible for investigating criminal offenses occurring at that location. Law enforcement services are provided by the Lubbock Police Department. e) The Lubbock Police Department may benefit from the resources, specialized training, or experience of the HHSC-OIG to investigate allegations of criminal abuse, neglect, or exploitation in State Supported Living Centers. Accordingly, Page 1 of 6 the City of Lubbock, Texas may request the assistance of HHSC-OIG in performing investigations into allegations of criminal offenses occurring at the Lubbock State Supported Living Center. f) The Lubbock Police Department is a law enforcement agency for purposes of disclosing and exchanging information pursuant to TEXAS GOVERNMENT CODE §§ 531.1021(g),(h). ARTICLE 2. TERM OF AGREEMENT This MOA shall commence on Dem-Abel D , and shall continue until terminated in writing by either Party. In the event of such written notification, this agreement will terminate at midnight on the 30th day following the date of such written notification. ARTICLE 3. STATUTORY AND REGULATORY COMPLIANCE 3.01. Safeguarding Information. a) Each Party will safeguard the confidentiality of any information in its possession that is related to investigations of alleged criminal offenses involving a resident or client of a State Supported Living Center Medicaid recipients or applicants. Each Party will take care not to disclose confidential information except as authorized by law. b) Confidential information that is shared under this MOA remains subject to the same confidentiality requirements that are imposed by law upon the releasing Party. The sharing of information under this MOA in compliance with TEXAs GOVERNMENT CODE §§ 531.1021(g),(h) does not affect whether the information is subject to disclosure under Texas Government Code Chapter 552. ARTICLE 4. DUTIES AND OBLIGATIONS OF THE PARTIES 4.01. Duties and Obligations of HHSC-OIG. HHSC-OIG agrees to: a) Receive and process incoming referrals alleging criminal offenses involving a resident or client of the Lubbock State Supported Living Center; b) Notify the Lubbock Police Department upon receiving notice of allegations of criminal offenses involving a resident or client of the Lubbock State Supported Living Center; Page 2 of 6 c) Advise the Lubbock Police Department if HHSC-OIG will be assisting the Office of Attorney General in conducting the investigation; d) Begin investigative efforts within 48 hours of receiving the referral; e) Coordinate with Lubbock Police Department to the extent desired by local authorities and work in collaboration with the Lubbock Police Department; f) Discontinue any specific investigations and allow the Lubbock Police Department to act as the sole investigating authority upon request. Provided, however, that the Office of Attorney General may elect to continue its investigation concurrently with the Lubbock Police Department in a particular investigation. If the Office of Attorney General elects to continue its investigation concurrently, then Lubbock Police Department may elect to discontinue its investigation; g) Provide the Lubbock Police Department with copies of all investigative files and reports, and share information as requested; h) Assist other local prosecuting and judicial authorities as needed to support indictment and prosecution of the case; i) Contact the Lubbock Police Department prior to execution of any search or arrest warrants; j) Notify the Lubbock Police Department of any other major enforcement activity within the territorial jurisdiction. 4.02. Duties and Obligations of the Lubbock Police Department: The Lubbock Police Department agrees to: a) Review incoming case referrals submitted by HHSC-OIG; b) Notify HHSC-OIG at the earliest practicable opportunity if the Lubbock Police Department elects to investigate a particular case as the sole investigative authority or to coordinate investigative efforts; c) If the Lubbock Police Department seeks to work in cooperation with HHSC-OIG, it will notify HHSC-OIG of the level of assistance being requested for that investigation; d) Share relevant law enforcement information upon request by HHSC-OIG peace officers, which may include investigative reports on other investigations involving the Lubbock State Supported Living Center; Page 3 of 6 e) Provide assistance for completing the execution of arrest warrants, including additional officers, transporting prisoners and other assistance as agreed upon during preparation for warrant execution. f) Provide assistance for completing the execution of search warrants, including additional officers and other assistance as agreed upon during preparation for warrant execution. e) Provide specialists as needed to properly seize and secure trace evidence, narcotics, latent fingerprints, biological materials, perishable items, hazardous materials, explosive or chemical weapons, or contraband; f) Provide secure evidence room facilities for proper storage of physical evidence and original records; and ARTICLE 5. RELEASE OF INFORMATION 5.01. Requests for Information. A Party may request information regarding an individual or an investigation by written or oral request. The responding Party will provide the requesting Party with the requested information unless its release is prohibited by other law. 5.02. General Authority to Release. HHSC-OIG may disclose information compiled or maintained in an investigation, to law enforcement agencies pursuant to TEXAS GOVERNMENT CODE § 531.1021(g). The receiving law enforcement agency may disclose the information only in accordance with this statute and in a manner that is consistent with the authorized purpose for which the recipient received the information. TEXAS GOVERNMENT CODE § 531.1021(h). The Parties mutually acknowledge that the Lubbock Police Department and the OIG State Centers Investigative Unit are both considered law enforcement agencies for purposes of confidentiality statutes. The Parties mutually acknowledge that investigations into criminal offenses involving a resident or client of a State Supported Living Center constitute a legitimate, authorized purpose. 5.03. Notice of Prohibition. If, after receiving a request for information under Section 5.01, a Party determines that it is prohibited from releasing the requested information, that Party shall inform the requesting Party of its determination in writing within ten (10) days of receiving the request. Page 4 of 6 5.04. Additional Confidentiality Provisions. The Parties acknowledge and understand that additional confidentiality provisions may apply to information obtained during the course of an investigation of criminal offenses involving a resident or client of a State Supported Living Center. The Parties agree to assess confidentiality requirements in good faith and to comply with all applicable laws. 5.05 Provision of Documents. Each Party may furnish detailed information, subject to confidentiality requirements, as required by the other Party to render the performances called for in this Agreement. Each party may provide access to, and free copies of, any records or information relevant to a matter under investigation by either party or records or information kept by a party or its contractors. The Parties may develop jointly a schedule of the types and formats of information required. ARTICLE 6. GENERAL PROVISIONS 6.01. Agency Liaisons. The Parties will designate Agency Liaisons for this Agreement. The Agency Liaisons will be the initial points of contact between the agencies for inquiries concerning this Agreement. Either Party may change its Agency Liaison with five days written notice to the other Party. Agency Liaisons for the Parties are: HHSC-OIG Karen Nelson Chief Counsel Office of Inspector General Health and Human Services Commission Post Office Box 85200 Austin, TX 78708 Telephone: (512) 491-2803 6.02. Notice. Lubbock Police Department Amy Sims Assistant City Attorney City of Lubbock City Attorney's Office P.O. Box 2000 Lubbock, Tx 79457 Telephone: (806) 775-2220 Any notices under this Agreement will be sent by registered or certified mail, return receipt requested, or will be delivered by hand, and a receipt provided. Any notice under this Agreement will be sufficient if hand delivered, or mailed to the addresses set forth below. Either Party may change its designees or addresses upon five days written notice to the other Party. The Parties' designees and addresses for notices are as follows: Page 5 of 6 HHSC-OIG Karen Nelson Chief Counsel Health and Human Services Commission - Office of Inspector General Post Office Box 85200 Austin, TX 78708 Telephone: (512) 491-2803 Lubbock Police Department Chief Dale Holton Lubbock Police Department P.O. Box 2000 Lubbock, Tx 79457 Telephone: (806) 775-2755 This agreement is executed by the Parties in their capacities as stated below. CITY OF LUBBOCK 00-1 TOM MARTIN, MAYOR ATTEST: Rebec Gara, City Secretary APPROVED AS 1-0 CONTENT: Dae iolton, Police Chief APPROVED AS TO FORM: 1 Am i Assists t " orney as/SSI,C Lubbock MOA 11.15 10 HEALTH AND HUMAN SERVICES COMMISSION - OFFICE OF INSPECTOR GENERAL M. Page 6 of 6