HomeMy WebLinkAboutResolution - 2019-R0106 - MOU With United States Marshals Service - 03/26/2019Resolution No. 2019-RO106
Item No. 7.17
March 26, 2019
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
United States Marshals Service Violent Offender Task Force (USMS VOTF)
and related documents between the City of Lubbock and the United States Marshals
Service related to the investigation and/or arrest of violent offenders, with
reimbursement to the City of Lubbock for 1) overtime incurred by state and local
investigators who provide full time support to USMS VOTF joint law
enforcement task forces; 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. Said 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 on March 26, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Re ecca Garza, City S 0 ary
APPROVED AS TO CONTENT:
Grego v ns, Chief of Police
APPROVED S
John a distant ty - omey
S:lcilyattlCC OCS1RlS.MOU withUSMS.2019.doc
Resolution No. 2019-80106
United States Marshals Service
Violent Offender Task Force- Memorandum of Understanding
Rev. 10/2018
PARTIES AND AUTHORITY:
This Memorandum of Understanding(MOU)is entered into by the
Lubbock Police Department
and the United States Marshals Service(USMS)pursuant to 28 U.S.C. § 566(e)(1)(B). As set forth in the Presidential Threat
Protection Act of 2000 and directed by the Attorney General,the USMS has been granted authority to direct and coordinate
permanent USMS Violent Offender Task Forces consisting of Federal,state,and local law enforcement authorities for the purpose of
locating and apprehending fugitives.The authority of the USMS to investigate fugitive matters as directed by the Attorney General is
set forth in 28 USC§ 566.The Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC§ 561(g)
and 28 CFR 0.111.The authority of United States Marshals and Deputy U.S. Marshals,"in executing the laws of the United States
within a State. . . [to] exercise the same powers which a sheriff of the State may exercise in executing the laws thereof' is set forth in
28 USC§ 564. Additional authority is derived from 18 USC§3053 and Office of Investigative Agency Policies Resolutions 2& 15.
See also)"Memorandum for Howard M. Shapiro,General Counsel,Federal Bureau of Investigation" concerning the"Authority to
Pursue Non-Federal Fugitives",issued by the U.S. Department of Justice,Office of Legal Counsel,dated February 21, 1995.(See
also)Memorandum concerning the Authority to Pursue Non-Federal Fugitives, issued by the USMS Office of General Counsel,dated
May, 1, 1995.(See also)42 U.S.C. § 16941(a)(the Attorney General shall use the resources of federal law enforcement, including the
United States Marshals Service,to assist jurisdictions in locating and apprehending sex offenders who violate sex offender
registration requirements).
MISSION:
The primary mission of the task force is to investigate and arrest,as part of joint law enforcement operations,persons who have
active state and federal warrants for their arrest.The intent of the joint effort is to investigate and apprehend local,state and federal
fugitives,thereby improving public safety and reducing violent crime.
Each participating agency agrees to refer cases for investigation by the VOTF(Violent Offender Task Force).Cases will be adopted
by the VOTF at the discretion of the District Chief Deputy.Targeted crimes will primarily include violent crimes against persons,
weapons offenses, felony drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a criminal
history involving violent crimes,felony drug offenses,and/or weapons offenses. Upon receipt of a written request,the VOTF may
also assist non-participating law enforcement agencies in investigating, locating and arresting their fugitives.Task force personnel
will be assigned federal,state,and local fugitive cases for investigation. Investigative teams will consist of personnel from different
agencies whenever possible. Participating agencies retain responsibility for the cases they refer to the VOTE.
Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime
Information Center(NCIC) by the USMS or originating agency,as appropriate. State or local fugitive cases will be entered into
NCIC(and other applicable state or local lookout systems)as appropriate by the concerned state or local agency.
SUPERVISION:
The VOTF will consist of law enforcement and administrative personnel from federal,state,and local law enforcement agencies.
Agency personnel must be approved by the District Chief Deputy prior to assignment to the VOTF. Agency personnel may be
removed at any time at the discretion of the District Chief Deputy.
Direction and coordination of the VOTF shall be the responsibility of the USMS District Chief Deputy.Administrative matters which
are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore,each agency retains
responsibility for the conduct of its personnel.
A Task Force Advisory Committee,consisting of representatives of participating agencies and USMS district personnel,may be
established at the discretion of the District Chief Deputy and will meet and confer as necessary to review and address issues
concerning operational matters within the VOTF,
Page I of'3 Rev. 10/2018
PERSONNEL:
In accordance with Homeland Security Presidential Directive 12,personnel assigned to the task force are required to undergo
background investigations in order to be provided unescorted access to USMS offices,records,and computer systems.The USMS
shall bear the costs associated with those investigations.Non-USMS law enforcement officers assigned to the task force will be
deputized as Special Deputy U.S. Marshals.
Task force personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance of task
force operations.State or local task force officers(TFOs)traveling on official business at the direction of the USMS shall be
reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws,rules, and regulations.
REIMBURSEMENT:
If the Marshals Service receives Asset Forfeiture funding for either 1)overtime incurred by state and local investigators who provide
full time support to USMS VOTF joint law enforcement task forces;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 shall,pending
availability of fiords,reitnburse your organization for expenses incurred,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 of 25%of a GS-1811-12, Step 1,of the general pay scale for the Rest of United
States. 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 incurred overtime for the VOTF during the quarter;the number of overtime hours incurred,the hourly regular and
overtime rates in effect for each investigator,and the total quarterly 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.Supporting
documentation must accompany requests for reimbursement for equipment,supplies,training, fuel,and vehicle leases.
VEHICLES:
Pending the availability of asset forfeiture finding,the USMS may acquire vehicles to be utilized by state and local investigators
assigned to the VO"rF. Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of
VOTF operations.The vehicles must be available for exclusive use of the TFOs assigned to the VOTF by the undersigned participant
agency for the duration of the agency's participation on the task force.If the agency is no longer a participating member of the
VOTF,any USMS vehicle provided to the agency for use by TFO(s)must be returned to the USMS. Operators of USMS-provided
vehicles must adhere to USMS policy regarding the use of government owned vehicles. Any violation of the USMS vehicle policy
may result in the vehicle being repossessed by the USMS and the operator and/or agency forfeiting the opportunity to utilize a
USMS-provided vehicle in the future. Vehicles provided to state and local investigators may be subject to additional regulations or
restrictions pursuant to USMS lease agreements. Replacement or removal of any vehicle provided by the USMS will be at the
discretion of the USMS and/or subject to lease agreement terms.
EQUIPMENT:
Pending the availability of Asset Forfeiture funding,the USMS may purchase equipment for state and local investigators assigned to
the VOTE. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of VOTF operations.
The equipment must be available for exclusive use of the TFOs assigned to the VOTF by the undersigned participant agency for the
duration of the agency's participation on the task force. If the agency is no longer a participating member of the VOTF,any
equipment purchased with Asset Forfeiture and provided to TFOs from the agency may be retained by the agency.
Equipment provided by the USMS that is not purchased using Asset Forfeiture finding remains the property of the USMS and will be
issued to state and local investigators for exclusive use in support of the VOTE. If the investigator or agency is no longer a
participating member of the VOTF,any equipment issued that was not purchased with Asset Forfeiture funding will be returned to
the USMS.
RECORDS AND REPORTS:
Original reports of investigation,evidence,and other investigative materials generated,seized,or collected by the VOTF shall be
retained by the agency in the VOTF responsible for the case. However,evidence may be turned over to other law enforcement
agencies as appropriate.Copies of investigative reports and other materials may be provided to other agencies in accordance with
applicable laws, rules,and regulations.Task force statistics will be maintained in the USMS Mission System. Statistics will be made
available to any participating agency upon request.
Page 2 of 3 Rev. 10/2018
CON FIDENTIAI. SOU ROES / CONFI DEN "IIAL INFORMANTS:
Pending the availabilip of funds, the USMS may provide funding for pay men[ of Confidential Sourccs (CS) or Confidential
bsfuroianto (Cf). The use of CS'Cls, registration of Cs Cis and all payments to CS Cis shall comply with USMS policy. USNIS
payment to an individual providing information or "lip' related to a USMS offered reward on an active Fugitive case shall be
accomplished by registering the individual or "tipster" thruugh the estahlislicd I ISMS CS payment process
USE OF FORCE:
All members ofthe VO I will comply with their agencies' guidelines concerning the use of firearms. deadly force, and Icss-than
lethal devices. to include completing all necessary training and certification requirements all members of the 'vU'I'h and their parent
agencies will read and adhere to the DOJ Policy Statement on the Use of Less -Than -Lethal Devices, dated May 16, 2011 Copies of
all applicable firearms, deadly force, and less -than -lethal policies shall be provided to the District Chief Deputy and each concerned
TFO. In the event of a shooting imnlving task . force personnel, the incident will be investigated by the appropriate agencyis)
Addiuonall3. in the event of a shooting, the required mponntg Ibr the FBI National Use of Forcc Data Collection (NUOFDC) should
be accomplished by the imalved task force personnel s employing agency when the 1FO is inside their pnmay•physical jurisdiction
and by the L'SMS when the TFO is outside their emplo) ing agency's primaryiphysicaljuiisdiction Iflhe employing agency wishes to
submit such NUOFDC entries regardless of the ph) sisal location of the event. that is allowed under this !s1Ol with prior written
notice to the USMS.
NEWS MEDIA:
Media inquires will be referred to the District Chief Deputy. A press release may be issued and press conference 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 I'or the acts of omissions of ils employees. Participating agencies or their employees shall not be
considered as the agents of any other participating agenq Nothing herein waives or limits sovereign immunity under federal or state
statutory or constitutional law.
EFFECTIVE DATE AND TERMINAL ION:
This MOU is in effect once signed by it law en1'urcement participant agcnc) Participating agencies may withdraw their participation
after providing 30 da) s advanced written notice to the District C'hiel Deputy I. S. Marshal
District:
Northern District of 1 uxas
1-niled Sfatcs Manbul:
Print Name:
Sign re': i G/
Richard t 1 aylor. Jr.
V
Participant Agenp:
\'ante: �..: I. II• n.
Participant Agency Representau%c(s):
Print Name and Title'
Signxjir�. \
Assistant Director, Investigative Operations Division:
Print \amc: ature.
Jeff Tyler
APPROVED AS TO FC"F
Page 3 of 3
4aa rR City Affimay,
Date:
Phone: 3 y_
f
Dtlu:
mute.
Rev Im201a
CONFIDENTIAL SOURCES / CONFIDENTIAL INFORMANTS:
Pending the availability of funds, the USMS may provide funding for payment of Confidential Sources (CS) or Confidential
Informants (CI). The use of CS/CIs, registration of CS/CIs and all payments to CS/CIs shall comply with USMS policy. USMS
payment to an individual providing information or "tip" related to a USMS offered reward on an active Fugitive case shall be
accomplished by registering the individual or "tipster" through the established USMS CS payment process.
USE OF FORCE:
All members of the VOTF will comply with their agencies' guidelines concerning the use of firearms, deadly force, and less -than
lethal devices, to include completing all necessary training and certification requirements. All members of the VOTF and their parent
agencies will read and adhere to the DOJ Policy Statement on the Use of Less -Than -Lethal Devices, dated May 16, 2011. Copies of
all applicable firearms, deadly force, and less -than -lethal policies shall be provided to the District Chief Deputy and each concerned
TFO. In the event of a shooting involving task force personnel, the incident will be investigated by the appropriate agency(s).
Additionally, in the event of a shooting, the required reporting for the FBI National Use of Force Data Collection (NUOFDC) should
be accomplished by the involved task force personnel's employing agency when the TFO is inside their primary/physical jurisdiction
and by the USMS when the TFO is outside their employing agency's primary/physical jurisdiction. If the employing agency wishes to
submit such NUOFDC entries regardless of the physical location of the event, that is allowed under this MOU with prior written
notice to the USMS.
NEWS MEDIA:
Media inquires will be referred to the District Chief Deputy. A press release may be issued and press conference 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 for the acts or omissions of its employees. Participating agencies or their employees shall not be
considered as the agents of any other participating agency. Nothing herein waives or limits sovereign immunity under federal or state
statutory or constitutional law.
EFFECTIVE DATE AND TERMINATION:
This MOU is in effect once signed by a law enforcement participant agency. Participating agencies may withdraw their participation
after providing 30 days advanced written notice to the District Chief Deputy U.S. Marshal.
District:
Northern District of Texas
united States Marshal:
Print Name:
Richard E. Taylor, Jr.
Participant Agency:
Name: e�v'0=S7
Location !City and State):
/-a.h� dcle- .
Participant Agency Representative(s):
Print Name and Title:
Signature:
CiC
Sign
Assistant Director, Investigative Operations Division:
Print Name:
Jeff Tyler
APPROVED AS JO FO_RW.
Jdtn C
/t.,li y
LC ,ek, _
Signature:
Page 3 of 3
Date:
Phone: 33 (/- (a 5 -7 - 2 0 -7
Date:
Date:
Rev. 10/2018