HomeMy WebLinkAboutResolution - 2001-R0388 - Agreement With Texas Army National Guard And TAA For Airport Security Program - 10_05_2001Resolution No. 2001—RO388
October 5, 2001
Emergency Meeting
Item No. 2
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Memorandum of
Agreement, by and between the City of Lubbock, the Texas Army National Guard and
the Federal Aviation Administration, and related documents. Said Memorandum of
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 5th day of October , 2001.
WINDY SITT N, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Mar are,
Dir ctor of Aviation
APPROVED AS TO FORM:
T"ohn Knight,
Assistant City Attorney
Ke/ccdocs/airportrrARN/ 100501
Original documents never received in
City Secretary's Office after returning
to Airport for Federal/State signatures.
Resolution No. 2001 RO388
October 5, 2001
Emergency Meeting
Item No. 2
MEMORANDUM OF AGREEMENT BETWEEN
TEXAS ARMY NATIONAL GUARD,
CITY OF LUBBOCK (LUBBOCK INTERNATIONAL AIRPORT)
And
The FEDERAL AVIATION ADMINISTRATION
1. PURPOSE:
The purpose of this agreement is to set forth specific guidance for the operation of the
Texas Army National Guard in conjunction with the City of Lubbock at Lubbock
International Airport (Airport) and the Federal Aviation Administration (FAA) for the
FAA Airport Security Program.
Concept: To conduct a deliberate phased operation consisting of an organizing phase, a
short training phase, and an execution/deployment phase. The mission will be of 179
days or less with a determined exit strategy.
2. PLANNED DEPLOYMENT:
Planning and coordination has been conducted with the Governor's staff and The
Adjutant General of Texas.
3. AUTHORITY:
Texas National Guard asserts that Texas National Guard personnel are authorized to
conduct FAA Airport Security support in accordance with Federal Law, Army
Regulations, National Guard Regulations, State law, approved plans, applicable policy
i.e., Law of War; US Policy/Political Concerns; US Domestic Laws; FM 100-5; 18 USC
1385; 10 USC 371-382; 42 USC 5121; DoDD 30225.15; DoD 3025.1M; DoDD 3025.12;
DoDD 5525.5; NGR 500-1, 500-2, ANGI 10-801; AR 500-51; Texas Penal Code 9.31,
9.32, 9.33, 9.42, and 9.43; the 29 September 2001 instruction on Emergency Employment
of Army and Other Resources for FAA Airport Security Operations; and pursuant to a 30
September 2001 NGB HS Information Update form Jeff W. Mathis III, Chief Homeland
Security.
4. Reporting Procedures will be determined by agreement of the parties within ten days.
5. Command and Control:
Actual Command and Control of assigned soldiers will remain with the TXARNG;
direction of troops as to work location; to whom and where to provide assistance will be
the responsibility of FAA and Airport Authorities, said officials shall provide duty and
operational assignment; No Military Personnel will be used for any task other than
security. Administrative, disciplinary, and logistical control will remain with the
TXARNG.
6.Scope of Operations:
TXARNG' soldiers will;
Provide a highly visible armed and trained military presence to enhance and
support Airport security operations to increase public confidence in airline safety.
Monitor alertness and performance, and in conjunction with ground security
coordinator, ensure corrective actions are taken as necessary.
Assist local law enforcement and/or airport security conducting regular duties at
the checkpoint, upon request
Monitor security procedures and provide observations and recommendations to
appropriate supervisors.
Final authority for use of military personnel shall remain with the TXARNG
Adjutant General's Department.
7. Force Protection and Rules of Engagement: (full details as set out in ROE as approved
by the Attorney General's office and the Governor's General Counsel Office)
a. Definition of ROE (Rules of Engagement)- are directives issued by competent
military authority to delineate the circumstances and limitations under which military
forces will initiate armed engagement with opposing forces. They are the means by which
the Command authority regulates the use of armed force in the context of applicable
political and military policy and domestic law.
b. Purposes of ROE- to impose political, practical and legal limitations on
commanders and troops. They are the primary means to provide guidance to forces
to handle crises and control the level of hostilities.
c. Authority -FM 100-5; 18 USC 1385; 10 USC 371-382;42 USC 5121; DoDD 30225.15;
DoD 3025.1M; DoDD 3025.12; DoDD 5525.5; NGR 500-1; AR 500-1; TEXAS PENAL
CODE 9.31, 9.32, 9.33, 9.42 and 9.43
d. Goals of an ROE- Clear and Brief; Avoidance of Excessively Qualified Language;
Tailored to be understood, remembered and applied
e. Coordination- Rules of Engagement that are proposed to be used in the deployment
of TXARNG assets to the airports of the State of Texas have been reviewed and
approved by Bob Pemberton of the Office of the Governor and Dewey Helmcamp
of the Attorney General's Office.
f. General Instructions in the ROE:
Use of force will only be for self-defense or operational necessity, use only
proportional/minimum force, will not require retreat, and require a duty to challenge and
warn if circumstances permit.
8. Directions to Subordinate Units:
a. Use only the minimum force necessary to accomplish the mission
b. Defend friendly forces, persons, and property with designated special status
against hostile acts or hostile intent
c. Defend against deliberate intrusion into designated and military restricted areas
by individuals, crowds, gangs, or para-military organizations
d. Defend, including through opening fire, against any individual who is or is
about to be commit an unlawful act which endangers life
9. Definitions:
Hostile Acts- a hostile act is an aggressive action, including attacks or imminent
attacks using deadly force against friendly forces, persons, or property with designated
special status i.e., aircraft.
Hostile Intent- is an act that appears to be in preparation of a hostile act i.e.,
aiming a weapon at friendly forces, persons, or property with designated special status;
preparation to throw an explosive or incendiary device; attempts to take possession of
weapons, ammunition or property with designated special status.
10. Arming Orders:
AO1- weapon in possession, loaded magazine in weapon
A02- weapon in possession, ammunition locked and loaded, weapon on safe
11. Directions to Troops
a. You have the right to use only the minimum amount of force needed to defend
yourself from attack
b. You have the right to use deadly force, in your own defense, when attack or
violence toward you will result in death or serious bodily injury.
c. You have a right to confront any person entering into a secured area
d. You must use only the minimum force necessary to accomplish your mission
e. The force must be proportional to the threat
f. Warning shots will not be used
g. Deadly force may be used only to prevent death or serious bodily injury to
yourself or others and to protect property vital to public health or safety
h. Your actions must be in accordance with the state and federal law
i. Civilian police authorities should take civilian personnel in custody or
detention
j. Immediately summon civilian police authorities to conduct the search of
civilian personnel
12. Public Affairs Support:
TXARNG personnel shall adhere to NG Pam 360-5; liaison on public affairs will be
with the designated FAA official, Airport Authority official and the TXARNG PAO
13. Safety:
Each group of soldiers will receive complete and thorough instructions on the use of
force under the ROE; soldiers will be completely briefed as to the purpose and intent of
their mission; soldiers will be given three days of classes by the FAA; each soldier will
be given a written exam to assure his competence in understanding the ROE
14. Responsibilities on acquisition of warrants and permits:
All warrants and permits will be the responsibility of the FAA authorities, Airport
Security Authorities and Civilian Law Enforcement Personnel.
15. Amendments to MOA:
. All amendments, renegotiations and alterations to this agreement shall be in writing and
signed by all parties; any change or amendment of laws, regulations and /or support
requirements must be reflected immediately in an amended MOA.
16.Termination:
This agreement may be terminated by action of the State or Federal Governments; by
requirement of law, regulation or notice in writing by either party with three days
notice should economic, legal or mission necessity require it.
17. Notifications:
All written notifications shall be made to the following parties:
FAA Name
Address
TXARNG Name_
Address
Airport: Mark Earle, Director of Aviation
Lubbock International Airport
Rt. 3, Box 389
Lubbock, Texas 79403
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USPFO
PAT W. S SOS
USPFO for Texas
12 00.
COL, NGE Date
FAA Date
CITY OF LUB113OCK
1
V Windy Sitton, yor Date
October 5, 2001
ATTEST:
Rebecca Garza, City Secretary
APPROVE AS TO CONTENT:
M e�arle, �Direct�orof Aviation
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
Office Practice Section