HomeMy WebLinkAboutResolution - 2024-R0024 - Addendum, Fugitive Task Force MOU, Body-Worn Camera Use By Task Force Officers - 01/09/2024Resolution No. 2024-R0024
Item No. 6.22
January 9, 2024
I2ESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock, andlor his designee, is hereby authorized
and directed to execute for and on behalf of the City of Lubbock, an Addendum to Fugitive
Task Force Memorandum of Understanding, RE: Body-Worn Camera Use by Task Force
Officers, by and between the City of Lubbock and the United States Marshals Service, and all
related documents. Said Addendum 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; and
THAT the City Council finds it to be in the best interest of the citizens of the City of
Lubbock in order to expedite the performance of city business, to delegate authority to
execute any necessary or related documents associated with this Addendum to the City
Manager for the City of Lubbock andlor his designee.
Passed by the City Council on January 9, 2024
ATTEST:
Courtney Paz, City Secre ry
TRAY Y , MAYOR
APPROVED AS TO CONTENT:
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Gregory W. Rushin, Interim Chief of Police
APPROVED AS TO FORM:
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Rya Bro e, Senior Assistant City Attorney
R�S.Addendum to Fugitive "1'ask Force MOU-BWC
I I .6.23
Resolution No. 2024-R0024
Addendum to Fugitive Task Force Memorandum of Understanding
RE: Bodv-Worn Camera Use bv Task Force Ofticers
This Addendum supplements the current Memorandum of Understanding (MOU)
between the United States Marshals Service (USMS) and the
(Hereinafter referred to as "Partner Agency" or "TFO parent agency')
Pursuant to the "U.S. Marshals — Body Worn Camera Interim Policy," dated May 17,
2022, and any successor USMS Body Worn Camera Policy Directive (hereinafter referred to as
"USMS Policy"), the above-named Partner Agency has advised the USMS that it will require its
Specially Deputized Task Force Offcers (TFO) assigned to the USMS Task Force to use body
worn cameras (BWCs). This Addendum governs that use.
The parties hereby agree to the following:
I. The Partner Agency and their TFOs will be advised of and adhere to the USMS
Policy, USMS's Standard Operating Procedures for Body-Worn Camera Program
for Task Force Officers, and other applicable federal and USMS policies,
procedures, regulations, and laws.
II. The Partner Agency confirms that within thirty (30) days of execution of this
agreement, it will complete the Partner Agency BWC Checklist and provide to the
USMS details regarding the BWC system and cameras, including the details of any
system protections, and any state or local policies or laws applicable to the TFOs' use
of BWCs, including any retention policies, and training and access procedures.
If[. TFOs will follow the provisions set forth in this agreement for use of BWCs. Absent
an express conflict with state law or partner agency policy, the provisions in this
agreement control TFO use of parent-agency issued BWCs on USMS task force
operations.
N. Use of BWCs During USMS Task Force Operations:
A. TFOs may use only Partner Agency-issued and Partner Agency-owned BWCs.
B. TFOs will be allowed to wear and activate their BWCs for the purposes of
� recording their actions during USMS Task Force operations only during:
1. A planned attempt to serve an arrest warrant or other planned arrest; or,
2. The execution of a search warrant.
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a. For the execution of a search warrant, BWCs should not be used for
searches of property lawfully in government custody or control, or a
search to obtain digital or electronic records executed by a third party,
such as an electronic service provider or custodian of electronic records.
C. TFOs are authorized to activate their BWCs upon approaching a subject or
premises and must deactivate their BWCs when the scene is secured as
determined by the USMS Task Force Supervisor or Team Leader on the scene.
1. For purposes of this agreement, the term "secured" means the scene is safe
and under law enforcement control.
2. In the event circumstances arise requiring additional law enforcement
assistance to secure the scene, the TFO will end BWC recording when
relieved from the scene by another law enforcement officer.
D. Unless parent agency BWC policy and/or state law conflicts, TFOs are authorized
to wear and activate recording equipment, in accordance with USMS Policy,
anywhere they are authorized to operate under the scope of their USMS TFO
deputization (to include on enforcement actions crossing jurisdictional boundaries).
Where parent agency BWC policy and/or state law conflicts with the USMS
activation and deactivation parameters, TFO's will follow the provisions in
Appendix A that identify how to properly mark sections of a recording to ensure
that the USMS task force operation captured on footage is easily identifiable. This
will prevent the ingestion of non-task force related footage into the USMS video
retention solution and allow USMS to promptly respond to requests for BWC
footage.
E. In the event a TFOs' BWC is not working or is inoperable due to a technical
problem or cannot be used due to physical damage, the TFO may participate in
the operation without using a BWC if that continued participation is consistent
with the Partner Agency policy.
F. Even when BWC use would be permissible in the circumstances set forth in
Section IV, subsection B, above, TFOs are prohibited from recording:
1. Undercover or covert personnel and locations;
2. Confidential informants or confidential sources;
3. On-scene witness interviews prior to or after the operation; or
4. Actions by any non-law enforcement persons at the scene who are
assisting law enforcement personnel prior to or after the operation.
G. Even when BWC use would be permissible in the circumstances set forth
above in Section IV, subsection B, TFOs are prohibited from activating their
BWC if, as determined by the USMS, the TFO is:
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1. Using specialized or sensitive investigative techniques;
2. Operating as part of a highly specialized or sensitive operation or group;
3. Operating in a sensitive area; or
4. Working in an undercover or covert status on behalf of the USMS Task Force
or the USMS itself
H. Even when BWC use would be permissible in the circumstances set forth above
in Section IV, subsection B, subject to the discretion of the USMS, TFOs
generally shall not use BWCs to record any activities related to investigations
involving:
1. Public Corruption;
2. Medical Facilities;
3. National Security (including international and domestic terrorism
investigations or cases involving classified information); or
4. Other sensitive investigations as determined by the USMS.
V. Partner Agency Internal Controls:
A. For purposes of this agreement, the term "TFO BWC recordings" refers to audio
and video recording(s), and associated metadata, from TFO BWCs made while
the TFO is working under federal authority, including when executing state and
local warrants adopted by the USMS.
B. The Partner Agency will provide and maintain central points-of-contact (POC),
at a minimum two POCs, a primary and secondary, for the USMS on BWC
matters. The Partner Agency will notify the USMS of any change to the POCs.
C. The Partner Agency will notify the USMS of any change in state or local
law or policy that will modify how TFOs must use BWCs and handle
recordings.
D. The Partner Agency will notify the USMS prior to making any change in
agency policy that will affect the MOU Addendum or the storage, transfer, or
redaction of TFO BWC recordings.
E. The Partner Agency will provide specifications to USMS personnel on the
BWC capabilities and operation.
F. If applicable, the Partner Agency will restrict access to any TFO BWC GPS
andlor livestream capability as required by the USMS.
VI. Handling of TFO BWC Recordings Made During USMS Task Force Operations:
A. After a Task Force Operation, the TFO will upload any BWC footage into the
Partner Agency's video retention system (VRS) and share a copy of that footage
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with the USMS. All copies of TFO BWC recordings made during federal Task
Force Operations and shared with the USMS via the USMS VRS shall be deemed
federal records of the DOJ/LTSMS pursuant to the Presidential and Federal
Records Act Amendments of 2014 (Pub. L. No. 113-187, enacted November 26,
2014), and subject to federal disclosure rules and regulations, including the
Freedom of Information Act (FOIA, 5 U.S.C. § 552) and Privacy Act of 1974.
The original footage that remains in the custody of the Partner Agency shall not
be disseminated by the TFO or TFO Partner Agency without advance written
notification to the USMS of the intention to do so as soon as practicable
B. The Partner Agency will provide full, unredacted, duplicate copies of TFO BWC
recordings to the USMS for all activations that record data of USMS Task
Force- related Operations. The existence of TFO BWC recordings relating to a
USMS Task Force Operation must be recorded in the USMS authorized record
system. Additionally, an unredacted copy of any recording to be released by the
TFO Partner Agency shall be provided to the USMS prior to said release.
C. The Partner Agency is authorized to use the original TFO BWC recordings for
internal review of its personnel consistent with the Partner Agency's policies and
procedures but may not disseminate the BWC recording outside the Partner
Agency or publicly release the footage without advance written notification to the
USMS. The Partner Agency's original TFO BWC recording is subject to the
relevant state open records laws and state retention requirements.
D. The Partner Agency will notify the USMS immediately of any unauthorized
access to TFO BWC recordings discovered by the Partner Agency. The Partner
Agency will cooperate fully with the USMS in the investigation of any
unauthorized access to or disclosure of TFO BWC recordings, including
providing the USMS with the name(s) of any Partner Agency personnel
determined by the Partner Agency to be involved in unauthorized access,
copying, or disclosure.
E. In all circumstances, TFO BWC recordings shall be treated as law enforcement
sensitive information. The premature disclosure of these recordings could
reasonably be expected to interfere with enforcement proceedings. TFO BWC
recordings may be potential evidence in a federal investigation subject to
applicable federal laws, rules, and policy concerning disclosure or dissemination
and therefore are deemed privileged, absent appropriate redaction prior to
disclosure or dissemination. Further, BWC recordings may be entirely exempt
from public release or other disclosure or dissemination under applicable federal
and state laws, rules, and policy.
F. If a TFO BWC recording involves a"reportable incident," as defned below, or
involves another time-sensitive or urgent situation, the Partner Agency will provide
the USMS access to copies on an expedited basis, including during non-business
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hours.
1. For purposes of this provision, "reportable incident" means:
a. shooting incident;
b. any incident which involves serious bodily injury, death, or where any
enforcement action by USMS personnel resulted in the use of force or
deadly force;
c. physical assault or attempted physical assault on a Law Enforcement
Officer; and
d. intentional damage to any facility, conveyance, or other property
owned by USMS.
G. The Partner Agency will provide witnesses, as needed, to authenticate
TFO recordings in litigation.
H. The Partner Agency will inform the USMS of the length of time TFO
BWC recordings will be retained by the Partner Agency before deletion.
I. The Partner Agency will notify the USMS in writing as soon as possible
regarding any request or demand for release or disclosure of TFO BWC
recordings. In all circumstances, TFO BWC recordings may only be
disseminated in accordance with the requirements contained within this MOU
addendum.
J. Expedited Public Release: If TFO BWC recording(s) depict conduct committed
solely by a TFO resulting in serious bodily injury or death of another, the TFOs'
Partner Agency shall notify the USMS as early as possible if it desires to publicly
release the recording(s). Following the notification, the TFO's Partner Agency
may immediately release the recording(s) with any redactions as appropriate,
giving as much advance notice as possible to the USMS as to the time and manner
of its release. The USMS will expeditiously review the recording(s) as soon as
practical.
The notification to the USMS shall be made to the local United States
Marshal or the Regional Fugitive Task Force (RFTF) Commander which
supervises the Task Force on which the TFO serves. Additionally, those
personnel will notify the Assistant Director (AD) of the USMS
Investigative Operations Division (IOD). The local U.S. Marshal and/or
RFTF Commander and AD, IOD will provide fttrther notifcations within
the USMS as appropriate.
K An USMS enforcement action or incident may require additional support
from law enforcement officers with the Partner Agency. In the event those
assisting law enforcement officers have BWCs, any captured video from
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those cameras will be made available by the Partner Agency to the USMS
upon request.
VII. The USMS will ensure that all USMS Task Force partner agencies are informed of
which other partner agencies, if any, mandate BWC use by their respective TFOs and
are authorized to have their TFOs wear BWCs on the USMS Task Force.
VIII. If the Partner Agency fails to comply with any part of this Addendum, the
relationship established under the Task Force Memorandum of Understanding may
be immediately terminated.
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*Digita! signatures are preferred *
PARTNER AGENCY:
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Note: Signed Addendum MIIST be submitted to the Investigative Operations Division wrth other
required documentatiort to obtain authorization for participation rrt the TFO BWC Program rior
to TFOs deploying with BWCs on IISMS operations. The executed Adderrdum should be retained
locally with the executed Z/SMS Fugitive Task Force MOU.
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U.S. Department of Justice
Washington, D.C.
USE OF BODY-WORN CAMERAS BY FEDERALLY DEPUTIZED
TASK FORCE OFFICERS
The Department of Justice (Department or DOJ) permits the use of body worn cameras
(BWCs) by task force officers (TFOs) on federal task forces. This policy provides the
parameters for the use of BWCs by TFOs to the extent that a state or local law
enforcement agency' requires their use by its officers during federal task force operations.
DOJ law enforcement agencies may issue internal standard operating procedures to
implement TFO use of BWCs consistent with this policy.2 For purposes of this policy, the
term, "TFO BWC recordings," refers to audio and video recordings and associated
metadata from TFO BWCs made while the TFO is working under federal authority,
including state and local warrants adopted by a federal agency.
BACKGROUND
The Department of Justice partners with state and local law enforcement agencies
throughout the nation on joint task forces. This relationship is vitally important to the
Department and its mission to protect our communities. Several of these participating
state and local agencies have implemented internal policies mandating the use of BWCs
and have requested that their officers wear BWCs while conducting planned arrests and
' This policy applies equally to tribal and territorial law enforcement agencies.
2 This policy provides Department components with internal direction. It is not intended to, does not, and
may not be relied upon to create any substantive or procedural rights enforceable at law by any party in
any civil or criminal matter.
1
searches during federal task force operations. Some state and local agencies, however,
do not equip their officers with BWCs. To the extent state and local law enforcement
agencies mandate BWCs for TFOs while engaged in federal task force operations, the
Department will permit federally deputized TFOs from those agencies to use their BWCs
under the following circumstances.
I I. USE OF BODY WORN CAMERAS DURING FEDERAL TASK FORCE OPERATIONS
Unless subject to specific exceptions below, TFOs employed by a law enforcement
agency that mandates the use of BWCs on federal task forces may wear and activate
their recording equipment for the purpose of recording their actions during task
operations3 only during: (1) a planned attempt to serve an arrest warrant or other planned
arrest; or, (2) the execution of a search warrant.4 TFOs are authorized to activate their
BWCs upon approaching a subject or premises, and must deactivate their BWCs when
the scene is secured as determined by the federal supervisor on the scene as designated
by the sponsoring federal agency. For purposes of this policy, the term "secured" means
that the scene is safe and under law enforcement control. In the event circumstances
arise requiring additional law enforcement assistance to secure the scene, the TFO will
end BWC recording when relieved from the scene by another law enforcement officer.
TFOs are prohibited from recording: (1) undercover personnel; (2) confidential informants
or confidential sources; (3) on-scene witness interviews prior to or after the operation; (4)
3 TFOs are authorized to wear and activate their recording equipment in accordance with this policy
anywhere they are authorized to act as a police or peace officer under state, local, territorial or tribal law.
4 For the execution of a search warrant, BWCs should not be used for searches of property lawfully in
government custody or control, or a search to obtain digital or electronic records executed by a third
party, such as an electronic senrice provider or custodian of electronic records.
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personnel using specialized or sensitive investigative techniques or equipment; or (5) on-
scene actions by any non-law enforcement persons who are assisting law enforcement
personnel prior to or after the operation. TFOs are prohibited from activating their BWC if
the TFO is using specialized or sensitive investigative techniques, operating in a sensitive
area, or working in an undercover or covert status on behalf of the federal task force or
federal agency as determined by the federal agency sponsoring the task force. Subject
to the discretion of the federal agency sponsoring the task force, TFOs generally shall not
use their BWCs to record any activities related to investigations involving public
corruption, medical facilities, national security, or other sensitive investigations. The
DepartmenYs policy of permitting the limited use of BWCs on task forces does not apply
to highly specialized or sensitive operations or groups as determined by the federal
agency sponsoring the task force.
III. STORAGE OF TASK FORCE OFFICER BODY WORN CAMERA RECORDINGS IN FEDERAL
TASK FORCE OPERATIONS
The TFO activating a BWC during federal task force operations is responsible for
downloading, or having his/her parent agency personnel download, the resulting TFO
BWC recordings. Once the TFO BWC recording is downloaded, it shall be placed onto
external media (e.g., DVD, hard drive, etc.), or another mutually agreeable delivery
mechanism, and promptly provided to the federal task force. The TFO parent agency will
provide to the sponsoring federal agency a recording that qualifies as a"duplicate" under
Federal Rule of Evidence 1001(e).5 The federal agency sponsoring the task force shall
5 Under Fed. R. Evid. 1001(e), "[a] 'duplicate' means a counterpart produced by a mechanical,
photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces
the original."
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maintain the TFO BWC recording from the TFO as appropriate in the federal agency's
files.
IV. FEDERALRECORDS
All TFO BWC recordings made during federal task force operations, including such
recordings retained by the TFO's parent agency and/or in the possession of any third
party engaged by the parent agency to store or process BWC recordings, shall be
deemed federal records of the Department and the federal agency sponsoring the task
force pursuant to the Federal Records Act. In all circumstances, TFO BWC recordings
shall be treated as law enforcement sensitive information, the premature disclosure of
which could reasonably be expected to interfere with enforcement proceedings, and as
potential evidence in a federal investigation subject to applicable federal laws, rules, and
policy concerning any disclosure or dissemination; and therefore deemed privileged
absent appropriate redaction prior to disclosure or dissemination. Nothing in this policy
shall be deemed to provide a right of public access to TFO BWC recordings. TFO BWC
recordings are controlled by, and the property of, the Department and will be retained and
managed by the federal agency sponsoring the task force. The federal agency
sponsoring the task force is responsible for considering requests to release TFO BWC
recordings. These records cannot be disseminated without the written permission of the
Department, subject to the following exceptions:
A. Internal Dissemination
The TFO's parent agency is authorized to use TFO BWC recordings for internal
investigations of its personnel consistent with the parent agency's policies and
4
procedures, but may not disseminate the BWC recording outside the parent agency or
for public release without the written permission of the Department. The parent agency
shall provide written notification to the sponsoring federal agency prior to any internal
review.
B. Expedited Public Release
If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious
bodily injury or death of another, the TFO's parent agency shall notify the sponsoring
federal agencys and the United States Attorney as early as possible if it desires to publicly
release the TFO's BWC recording(s). The sponsoring federal agency and the United
States Attorney will expeditiously review the recording(s) and provide official concurrence
with public release as soon as practical, unless there are specific and compelling
circumstances justifying an objection to public release that cannot be resolved by
redaction or other means. Upon official concurrence, the TFO's parent agency may
immediately release the recording(s) with any agreed-upon redactions, giving as much
advance notice as possible to the sponsoring federal agency and United States Attorney
as to the time and manner of its release.
s The notification may be to the Special Agent in Charge (SAC) of the federal agency sponsoring the task
force or, in the case of United States Marshals Service-led task forces, the local United States Marshal
and the Assistant Director (AD) / Investigative Operations Division (IOD) of the U.S. Marshals Service,
and any discussions, negotiations, and concurrence may be made by the SAC or, in the case of the US
Marshals Service, the local US Marshal and AD/IOD, after appropriate consultation within their agency.
S
V. MEMORIALIZATION
Subject to the guidance set forth in this policy, the SAC of the sponsoring federal law
enforcement agency or, in the case of United States Marshals Service-led task forces,
the Assistant Director of the Investigative Operations Division, is responsible for
memorializing any agreement with a state and local law enforcement agency on the use
of BWCs by federally deputized TFOs during federal task force operations. Upon
notification to the United States Attorney, the SAC or AD/IOD shall execute a
Memorandum of Understanding (MOU), or addendum to a preexisting MOU, prior to use
of BWCs by TFOs that sets forth the details for the use of BWCs by TFOs on the task
force consistent with this policy. Prior to entering into any agreement, the TFO's parent
agency shall provide to the federal agency sponsoring the task force the details regarding
the BWC system and cameras, including the details of any system protections, to the
satisfaction of the federal agency, and any state or local policies or laws applicable to the
TFO's use of BWCs, including any retention policies. This MOU shall make clear that
TFO BWC recordings, including such recordings residing in the state/local agency's BWC
system or other copies retained by the agency and/or in the possession of any third party
engaged by the agency to store or process BWC recordings, are deemed to be federal
records, subject to federal retention and information access laws, regulations, policies,
and procedures. The federal agency sponsoring the task force will ensure that all
participating agencies are informed of which participating agencies, if any, mandate BWC
use by their respective TFOs, and provide all participating agencies with this policy.
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