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HomeMy WebLinkAboutResolution - 2024-R0299 - Interlocal Agreement For Texas Anti-Gang Center-Lubbock 2024 - 06/25/2024Resolution No. 2024-R0299 Item No. 6.14 June 25, 2024 RESOLUTION WHEREAS, thc region surrounding and including Lubbock County, Tcxas has become a primary center for gangs and other organizations engaged in serious criminal activity; WHCREAS, multiple law enforcement agencies at the i'ederal, state, and local level have responsibility for the investigation and prosecution of these criminal organizations; WHEREAS, cooperation among these different law enforcement agencies in addressing the threat posed by criminal organi�ations furthers the ability oi� these agencies to fulfill their mission, which, consequently, furthers the public good; WHEREAS, to enhance this cooperation, the agencies listed herein have agreed to establish the Texas Anti-Gang Center ("TAG CGNTER"), a state-of-the-art facility in which representatives from multiple law enforcement agencies will collocate in order to more efficiently and effcctively cooperate and collaborate on intelligence, and investigatory activities related to combating the shared threat of criminal organizations operating in and afiecting the region; and WHLR�;AS, the mission of the "I�AG CENfrR is to fiirther the ability of law enforcement agencies to identify, deter, disrupt, and dismantle criminal organiLations operating in or affecting Lubbock, 1'exas and the surrounding region; NOW `i'HEREI��ORE BF, I�l� RESOLVED BY THL•: CI"I�Y COUNCIL OF �I�Hr: C1�1'Y OI� LUBBOCK: I�I fAT the City Council oi� the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute the Local Administrative Agreement 13etween the Constituent Agencies of the Texas Anti-Gang Center Lubbock ("TAG CENTER"), an interlocal agreement by and between: The City of Lubbock (on behalf of the Lubbock Police Department and the Lubbock City Attorney's Office); Lubbock County, Texas, (on behalf oi� the 1.ubbock County Sheriff and the Lubbock County Criminal District Attorncy); The State of 'I'exas (on behalf of thc "I'exas Department of Yublic Safety, Region 1("DPS")); and The United States of America (on behalf of the U.S. Marshals Service Lone Star Fugitive Task Porce Lubbock ("USM"), Drug �nforcement Administration Lubbock ("D�A"), and the Bureau of Alcohol, Tobacco and Fircarms ("ATF")). Said Agreement and any associated documents, are attached hereto and made a part of this Resolution lor all intents and purposes. Passcd by thc City Council this 25th day of� June , 2024. 1�RAY P A� �1'ES"I�: Courtney Par, City Secretar APPROVED AS TO CONTENT: Seth I lerman, Chief of Police APPROVLD AS l-O IiORM: . �� Ryan B ooke, "enio Assistant City �lttorncy RI:S I�\G Ccntcr - Lubbock 2024 6 6 2-I doc Resolution No. 2024-R0299 LOCAL ADMINISTRATIVE AGREEMENT BETWEEN THE LUBBOCK POLICE DEPARTMENT AND LUBBOCK COUNTY SHERIFF'S OFFICE AS CONSTIUTENT AGENCIES OF THE TEXAS ANTI-GANG CENTER LUBBOCK I. Introduction Due to various factors, the region surrounding and including Lubbock County, Texas has become a primary center for gangs and other organizations engaged in serious criminal activity. Multiple law enforcement agencies at the federal, state, and local level have responsibility for the investigation and prosecution of these criminal organizations. Cooperation among these different law enforcement agencies in addressing the threat posed by criminal organizations furthers the ability of these agencies to fulfill their mission, which, consequently, furthers the public good. To enhance this cooperation, the Lubbock Police Department and the Lubbock County Sheriffls Office have joined together with other constituent agencies to establish the Texas Anti-Gang Center Lubbock ("TAG CENTER"). The TAG CENTER is a state-of-the-art facility in which representatives from multiple law enforcement agencies co-locate in order to more efficiently and effectively cooperate and collaborate on intelligence, investigatory, and operational activities related to combating the shared threat of criminal organizations operating in and affecting the region. II. Purpose A. General Purpose. The purpose of this local administrative agreement (''Agreement") is to set forth the terms by which the Lubbock Police Department and Lubbock County Sheriff's Office, as parties to this agreement, agree to establish a continued joint physical presence at the TAG CENTER. B. Existing Provisions Continue. This Agreement is not intended as, and should not be construed as, altering, or superseding any existing agreement, memorandum, policy, or legal authority concerning any of the parties to this Agreement. C. No Creation of Legal Rights. This Agreement is an accord among the parties to this Agreement and is not intended as, and should not be construed as, creating or conferring on any person or entity any right or benefit, substantive or procedural, enforceable at law or equity, against any agency that has a physical presence at the TAG CENTER or that otherwise is interacting with such agencies, or the officers, directors, employees, representatives, agents, detailees, contractors, successors, or assigns. D. No New Legal Entity. As described in this Agreement, the TAG CENTER is established as a common physical environment to facilitate the effective and efficient cooperation and collaboration between multiple law enforcement agencies with respect to a common subject matter. The TAG CENTER is a shared project of the individual agencies maintaining a physical presence there, subject to the terms of this Agreement, and is not a separate or distinct legal entity-whether agency, office, component, corporation, or otherwise. III. Mission Statement The mission of the TAG CENTER is to further the ability of law enforcement agencies to identify, deter, disrupt, and dismantle criminal organizations operating in or affecting Lubbock, Texas and the surrounding region by providing a common physical environment equipped with the most advanced technology in which multiple law enforcement agencies will be able to more efficiently and effectively cooperate and collaborate on intelligence, investigatory, and operational activities related to combating this shared threat. IV. Structure A. Included Agencies. Eligibility to establish a physical presence at the TAG CENTER and to participate in its administration is restricted to those agencies that are designated a"Constituent Organization" under the terms of this Agreement. The following agencies are designated Constituent Organizations: (1) City of Lubbock Police Department ("Lubbock PD") (2) Lubbock County Sheriffs Office ("LSO"). (3) Lubbock County District Attorney's Office. (4) Department of Public Safety, Region 5. Texas ("DPS"). (5) Bureau of Alcohol, Tobacco and Firearms ("ATF"). (6) United States Marshals Service Lone Star Fugitive Task Force Lubbock ("USM") (7) Drug Enforcement Administration Lubbock ("DEA") and. (8) Law enforcement agencies within Lubbock County and surrounding counties in accordance with Article XIV (A) of this Agreement. Nothing in this Agreement, however, should be construed as limiting the authority of the Constituent Organizations, either individually or collectively, to work cooperatively with any entity that is not a Constituent Organization. B. Executive Board. Ultimate governance of the TAG CENTER is vested in an Executive Board ("Board") comprised of the individual with decision making authority from Lubbock PD, LSO, and DPS, each having an equal vote on all matters before the Board. The Board has authority to take any action with respect to the TAG CENTER that is not inconsistent with this Agreement and applicable law. No other 2 members shall be added to the Board. The Board will meet as needed. The minimum quorum for the Board will be two-thirds of all members. The Board will strive in all cases to make any decisions through unanimous consensus but may approve matters before it by a vote of two-thirds of the Board. An individual cannot vote by proxy through another agency but may do so by designating a specific individual from their own agency to serve as a proxy for that member, so long as the designated proxy will have the same authority to act on behalf of the Constituent Organization as would the member. C. Informal Working Groups. To facilitate a productive and organized working environment, the Constituent Organizations may choose to form informal working groups to discuss issues of common interest. Informal working groups do not require the approval of the Executive Board to be formed and will not be considered a Executive Board for purposes of this Agreement. No informal working group, however, will have authority to make a binding decision on behalf of the TAG CENTER. Informal working groups may make recommendations to the Executive Board, but any such recommendations will be considered only if the working group includes representatives from each of the Constituent Organizations. D. Administrator. The TAG CENTER will have an Administrator. The Administrator will be responsible for ensuring the sole day-to- day functioning of the TAG CENTER, including overseeing facilities, equipment, and security. The Adininistrator will also oversee all reporting in connection with grant awards. The Administrator will not need to consult with the Board for any matters properly i-unded tlu-ough the grant awards. The Administrator will not have any operational or command authority over any of the Constituent Organizations or any of their employees or contractors. The Board will aid in the selection or will approve the selection ofthe Administrator. The Lubbock County Sherif�s Office, who holds the fiduciary responsibility of the TAG grant, in conjunction with the Board, will oversee the Administrator's performance. The Administrator can only be removed by a majority vote of the Board. E. Agency Personnel. Each Constituent Organization will be entitled to have employees or contractors from its respective staff working at the TAG CENTER in such numbers as is deemed necessary to further the mission of the TAG CENTER. Individuals working at the TAG CENTER remain as employees or contractors of the sending organization, and subject to the sending organization's exclusive control. Any Constituent Organization may include among its allotment of personnel individuals who are employees or contractors of another governmental entity that is not a Constituent Organization if such individuals are, under a separate agreement and for purposes related to the mission of the TAG CENTER, detailed to the sending Constituent Organization or subject to the control of the sending Constituent Organization as part of a joint task force or multi-agency operational unit. In such cases, the sending Constituent Organization shall be responsible for any such individuals to the same extent as personnel of the sending Constituent Organization that are working at the TAG CENTER. C V. Commitments of the Constituent Organizations Each Constituent Organization commits to further the mission of the TAG CENTER by acting with a general spirit of cooperation and collaboration with the other Constituent Organizations on matters related to the TAG CENTER, and specifically by: A. Identifying and pursuing opportunities to improve the sharing of information in its possession that is related to the mission of the TAG CENTER with other Constituent Organizations. B. Identifying and pursuing opportunities to collaborate with other Constituent Organizations on the gathering, analysis, and reporting of intelligence related to criminal organizations operating in or affecting the region; and C. Identifying and pursuing opportunities to coordinate with other Constituent Organizations on the prioritization, planning, execution, and review of investigations and operational activities related to the mission of the TAG CENTER-with the goal of maximizing the disruption of activities that pose a danger to the public, ensuring the successful prosecution of those committing criminal offenses, and increasing intelligence on criminal organizations operating in or affecting the region. VI. Activities Notwithstanding any coordination or cooperation that may occur between the Constituent Organizations, any activity related to the mission of the TAG CENTER that is conducted by any of the Constituent Organizations, including any individuals working at the TAG CENTER, is performed exclusively pursuant to the respective Constituent Organization's independent authorities (including any separate agreements for creation of joint task forces or similar multi-agency operational units). This Agreement does not transfer or bestow any legal authorities to any individual or entity, provide for the deputization of any individual or entity, or establish any unified or shared chain-of-command. Nothing in this Agreement authorizes any Constituent Organization, or any group of Constituent Organizations, to require any other Constituent Organization to undertake any operational, investigatory, or intelligence- related activity. Nothing in this Agreement, however, should be construed as precluding any Constituent Organization from creating task forces or similar multi- agency operational units through separate agreement. VII. Information Management A. Dissemination of Information. Unless otherwise provided for by law or separate agreement, any information shared at or in connection with the TAG CENTER by any of the Constituent Organizations may not be further disseminated without the express consent of the Constituent Organization from which the information originated. B. Information Requests. Each Constituent Organization remains individually responsible for processing any external requests for information related to the TAG CENTER that is directed to it-whether such request is pursuant to federal or 4 state open records or freedom of information laws, discovery in the context of legal proceedings, or otherwise. To the extent such requests encompass information that originated from another Constituent Organization, the Constituent Organization processing that request will consult with the Constituent Organization from which the information originated prior to releasing the information. The Administrator must be notified of all information requests related to the TAG CENTER that are received by any Constituent Organization. C. Media Communications. The Board may designate one of the Constituent Organizations or a specific individual to serve as the primary media point- of- contact for the TAG CENTER. Such designations may be made on a case-by-case basis to correspond with specific activities. Any statements or releases of information to the media or responses to media inquiries on behalf of the TAG CENTER will be made exclusively by the Board's designated point-of-contact, or, if none, by the ranking TAG representative from the operation's lead constituent agency. Any information released about operations and activities ofthecollective TAG should be referenced as TAG operations and should include a list of the TAG constituent organizations. Each Constituent Organization, however, independently may make a statement or release information to the media or respond to media inquiries with respect to any activities of the respective organization that relate to the TAG CENTER. VIII. Facilities Equipment, and Supplies A. Use and Control. The Board will specify terms or conditions regarding the use and disposition of any facilities, equipment, or supplies that are provided for common use by the Constituent Organizations at the TAG CENTER, subject, however, to any existing legal rights regarding the ownership or control of any such facilities, equipment, or supplies. In the event the TAG Center ceases operations, the facilities, equipment, and/or supplies will be the under the ownership and control of the fiduciary, subject to any existing legal rights. Nothing in this Agreement authorizes any Constituent Organization to exercise any control over the property of another Constituent Organization without consent merely because such property is located at the TAG CENTER. B. Security of the TAG Facility. Due to the sensitive law enforcement work that is to be performed at the TAG CENTER, dissemination by the Constituent Organizations (including any employee or contractor thereo fl of details regarding the TAG CENTER that could compromise the security of law enforcement personnel or law enforcement activity, including dissemination of the TAG CENTER's location, security features, and technological capabilities, should be limited to those individuals with a mission-related need to know. No Constituent Organization may allow the physical presence of any arrestees, suspects, informants, witnesses, or victims at the TAG CENTER. The Board will specify procedures for admitting guests to the common areas of the TAG CENTER. IX. Funding A. TAG CENTER. Funding for the TAG CENTER is provided by grant funds awarded to the Lubbock County Sheriff's Office. Except as otherwise provided in this Agreement, no Constituent Organization is obligated to provide funding in support of the TAG CENTER. B. Personnel, Activities, and Basic Equipment. Individuals working at the TAG CENTER remain as employees or contractors of the sending organization, and, as such, the sending organization retains full responsibility for providing any compensation and benefits owed to its personnel for work performed in connection with the TAG CENTER. Each Constituent Organization bears its own costs in performing any activity related to the TAG CENTER and will not seek reimbursement from any other Constituent Organization, except as provided for in any other working agreement between the respective agencies. Each Constituent Organization remains responsible for providing at its own cost any basic equipment or supplies to its personnel working at the TAG CENTER that are necessary for those individuals to perform their duties, to the extent such equipment or supplies are not otherwise provided. C. Enhanced Security or Specialized Equipment To the extent any Constituent Organization requires its allotted physical space at the TAG CENTER to be enhanced with additional security features or requires any specialized equipment or supplies beyond that which is provided to all Constituent Organizations, such enhancements or additional materials will be provided at the sole cost of the organization requiring it. D. Compliance with Funding Terms. To the extent any rules or conditions applicable to an award of funds that are used to fund the TAG CENTER prohibit a Governing Body from acting directly on any matter, any such action may be performed on behalf of that Governing Body by the Constituent Organization that is the recipient of the funding award upon approval of the action by the Governing Body pursuant to the terms of this Agreement. Nothing in this paragraph, however, should be construed as prohibiting a Constituent Organization that is the recipient of a funding award from performing any action that is required pursuant to the rules or conditions applicable to that award, even in the absence of approval by a Governing Body. Each Constituent Organization has an obligation to assist in any grant required data collection. X. Liability and Indemnification Each Constituent Organization is responsible for its own actions, including that of its personnel that are performed in connection with the TAG CENTER. Any liability arising from the actions of a Constituent Organization will be borne solely by the organization that performed the action creating the liability. Any individual requesting indemnification for activity performed in connection with the TAG CENTER may seek such indemnification only from the Constituent Organization for whom that individual is an employee or contractor, pursuant to that organization's policies and procedures. XI. Lead Organization Any actions that must be performed on behalf of the TAG CENTER and that are not clearly the responsibility of any individual Constituent Organization and cannot be 6 performed by the Administrator will be, unless otherwise provided by the Board, the responsibility of the Lubbock County Sheriff's Office as the initial grant recipient. XII. Effective Date and Termination This Agreement will take effect upon execution by each of the parties to this Agreement and terminates five years from that date unless terminated in writing signed by all parties to this Agreeinent. XIII. Amendments Any amendments to this Agreeinent must be in writing and signed by all parties to this Agreement. XIV. Addition to and Withdrawal from the TAG CENTER A. Additions. Additional agencies may be invited to become a Constituent Organization of the TAG CENTER. Any additions to the list of Constituent Organizations provided in this Agreement may occur by a written addendum to this Agreement signed by all existing Constituent Organizations and the joining organization, rather than through amendment to this Agreement. In the event any additional agencies agree to become a Constituent Organization of the TAG CENTER, the joining organization will be considered a Constituent Organization for purposes of this Agreement, any reference to "Constituent Organizations" in this Agreement will be construed as including the joining organization, and any policies or procedures previously adopted and applicable to all Constituent Organizations will be equally applicable to the joining organization. f3. Withdrawal. Any of the Constituent Organizations may withdraw from the TAG CENTER upon 30 days written notice to the Board. Upon the effective date of the withdrawal, the withdrawing organization will no longer be considered a Constituent Organization for purposes of this Agreement, and any reference to "Constituent Organizations" in this Agreement will be construed as not including the withdrawn organization. Any withdrawing organization also will return or surrender to the TAG CENTER any TAG CENTER provided equipment or supplies upon the effective date of the withdrawal. XV. Duration of the TAG CENTER The TAG CENTER will continue in effect until dissolved by any of the following actions: A. Written Agreement signed by all Constituent arganizations. B. Operation of law; or C. Loss of funding for the TAG Center. k EXECUTED this the � d Lubbock County : ��'�• �yi Signature � �-��'� i s'. �� Printed Name � Title APPROVED AS TO CONTENT: �,R..�p�� Phillip Partin TAG Administrator APPROVED AS TO FORM ONLY: Jennifer rl e k Civil Di isi n, bock County Crimina istrict Attorney's Office EXECUTED this the day of Lubbock Police Department BY: Sign ture S �'��� Printed Name c�►r� �F �w�. Title