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HomeMy WebLinkAboutResolution - 2016-R0277 - Memo Of Understanding - FBI - CTOCWHETF - 08/11/2016Resolution No. 2016-RO277 Item No. 4.22 August 11, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Police Chief 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 the Federal Bureau of Investigation for the Caprock Transnational Organized Crime Western Hemisphere Criminal Enterprise Task Force for Lubbock, Texas, 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 City Council. Passed by the City Council on _ August 11, 2016 DANIEL M. POPE, MAYOR ATTEST: 'p, �"" - --- --- - - Reb cca Garza, City Secret ry APPROVED AS TO CONTENT: Greg S ns ief of Police APPROVED AS TO FORM: vwxcdocs RES. MOU-FBI July 26, 2016 Resolution No.2016-R0277 MEMORANDUM OF UNDERSTANDING -FOR OFFICIAL USE ONLY m+%t%J&>+*<! FEDERAL BUREAU OF INVESTIGATION CAPROCK TRANSNATIONAL ORGANIZED CRIME WESTERN HEMISPHERE CRIMINAL ENTERPRISE TASK FORCE LUBBOCK,TEXAS FEDERAL BUREAU OF INVESTIGATION LUBBOCK POLICE DEPARTMENT 1 For Official Use Only Thisdocumentisthe property ofthe FBI and is loanedtoyouragency. Neither itnor its contents may be released withoutauthorization by FBI Headquarters. MEMORANDUM OF UNDERSTANDING - FOR OFFICIAL USE ONLY MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page PARTIES................................................................................. 4 II AUTHORITIES........................................................................... 4 IIIPURPOSE................................................................................. 4 IV. MISSION................................................................................... 4 V. SUPERVISION AND CONTROL ..................................................... 4 A. Supervision B. Case Assignments C. Resource Control D. Prosecution VI. OPERATIONS........................................................................... 6 A. Investigative Exclusivity B. Confidential Human Sources C. Reports and Records VII. INFORMATION SHARING............................................................. 7 VIII. PROSECUTIONS........................................................................ 8 A. Investigative Methods/Evidence B. Undercover Operations IX. USE OF LESS -THAN -LETHAL -DEVICES ........................................ 9 X. DEADLY FORCE AND SHOOTING INCIDENT POLICIES ................... 10 XI. DEPUTATIONS.......................................................................... 10 XII. VEHICLES................................................................................. 10 XIII. SALARY/OVERTIME COMPENSATION .......................................... 11 2 FOR OFFICIAL USE ONLY This document is the proerty of the FBI and is loaned to your agency. Neither it nor its contents may bpe released without authorization by FBI Headquarters. MEMORANDUM OF UNDERSTANDING - FOR OFFICIAL USE ONLY XIV. PROPERTY AND EQUIPMENT .................................................... 11 XV. FUNDING.................................................................................. 11 XVI. FORFEITURES.......................................................................... 12 XVII. DISPUTE RESOLUTION.............................................................. 12 XVIII. MEDIA RELEASES..................................................................... 12 XIX. SELECTION TO TASK FORCE AND SECURITY CLEARANCES.......... 12 XX. LIABILITY.................................................................................. 13 XXI. DURATION............................................................................. 14 XXII. MODIFICATIONS........................................................................ 14 XXIII. SIGNATORIES........................................................................... 15 3 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. MEMORANDUM OF UNDERSTANDING - FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION TRANSNATIONAL ORGANIZED CRIME WESTERN HEMISPHERE CRIMINAL ENTERPRISE TASK FORCE (CETF) MEMORANDUM OF UNDERSTANDING I. PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the LUBBOCK POLICE DEPARTMENT (LPD), Lubbock, Texas. Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. II. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. III. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of Caprock Criminal Enterprise Task Force (CCETF ) personnel to formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter -agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. IV. MISSION 4. The mission of the CCETF is to identify, target, and prosecute Transnational Criminal Organizations who are engaged in criminal activity involving a myriad of federal violations including but not limited to: drug trafficking, money laundering, homicide, extortion, kidnapping, and public corruption. The CCETF will enhance the effectiveness of federal/state/local law enforcement resources through a well -coordinated initiative seeking the most effective investigative/prosecutorial avenues by which to convict and incarcerate dangerous offenders. 4 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY V. SUPERVISION AND CONTROL A. Supervision 5. Overall management of the CCETF shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the Dallas FBI Field Office shall designate one Supervisory Special Agent (CCETF Supervisor) to supervise the CCETF. The CCETF Supervisor may designate a Special Agent to serve as the CCETF Coordinator (Task Force Coordinator). Either the CCETF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the CCETF. 7. Conduct undertaken outside the scope of an individual's CCETF duties and assignments under this MOU shall not fall within the oversight responsibility of the CCETF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 8. CCETF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 9. CCETF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this MOU. 10. Continued assignment of personnel to the CCETF will be based on performance and at the discretion of appropriate management. The FBI SAC and CCETF Supervisor will also retain discretion to remove any individual from the CCETF. B. Case Assignments 11. The FBI CCETF Supervisor will be responsible for opening, monitoring, directing, and closing CCETF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the CCETF Supervisor. 13. For FBI administrative purposes, CCETF cases will be entered into the relevant FBI computer system. 14. CCETF personnel will have equal responsibility for each case assigned. CCETF personnel will be responsible for complete investigation from predication to resolution. 5 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY C. Resource Control 15. The head of each participating agency shall determine the resources to be dedicated by that agency to the CCETF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. VI. OPERATIONS A. Investigative Exclusivity 16. It is agreed that matters designated to be handled by the CCETF will not knowingly be subject to non-CCETF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the CCETF's existence and areas of concern. 17. It is agreed that there is to be no unilateral action taken on the part of the FBI or LPD relating to CCETF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out. 18. CCETF investigative leads outside of the geographic areas of responsibility for FBI Dallas Field Office will be communicated to other FBI field offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non- CCETF personnel will be limited to those situations where it is essential to the effective performance of the CCETF. These disclosures will be consistent with applicable FBI guidelines. 20. Non -FBI CCETF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the CCETF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 21. In those instances where LPD provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 22. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of CCETF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 6 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of a CCETF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI Criminal Enterprise Task Force participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of CCETF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by CCETF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 25. CCETF reports prepared in cases assigned to CCETF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in CCETF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for CCETF. 27. CCETF investigative records maintained at the Dallas Field Office of the FBI will be available to all CCETF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the CCETF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by CCETF personnel. 29. All CCETF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 30. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of LPD unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge that this MOU may provide CCETF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by CCETF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. 7 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY VII. INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between CCETF personnel and FBI employees not assigned to the CCETF, may be disseminated by CCETF personnel to non-CCETF personnel without the approval of the CCETF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and LPD that would permit LPD to receive that information directly. Likewise, CCETF personnel will not provide any LPD information to the FBI that is not otherwise available to it unless authorized by appropriate LPD officials. 33. Each Party that discloses information is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. Each party shall also ensure that information disclosed is appropriate for disclosure. This specifically includes any disclosure under state or federal public information laws. That is, LPD will under no circumstances produce an FBI generated document under the Texas State Public Information Act, Section 552.001 of the Government Code, and the FBI will under no circumstances produce a LPD generated document under the federal Freedom of Information Act, 5 USC Section 552. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. 8 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY Vlll. PROSECUTIONS 38. CCETF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case -by -case basis whether the prosecution of CCETF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the CCETF. 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a CCETF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All CCETF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. LPD may be requested to enter into an additional agreement if an employee of LPD is assigned duties which require the officer to act in an undercover capacity. 9 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY IX. USE OF LESS -THAN -LETHAL -DEVICES' 45. The parent agency of each individual assigned to the CCETF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less - lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 46. The parent agency of each individual assigned to the CCETF will ensure that the agency's policies and procedures for use of any less than lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. X. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 47. LPD CCETF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. XI. DEPUTATIONS 48. Local and state law enforcement personnel designated to the CCETF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the CCETF or until the termination of the CCETF, whichever comes first. 49. Deputized LPD CCETF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by LPD will not be voided by deputation of their respective personnel. XII. VEHICLES 50. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official CCETF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to LPD CCETF personnel will require the execution of a separate Vehicle Use Agreement. Further, no LPD or CCETF ' Pursuant to Section VIII of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. 10 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY personnel will operate an FBI owned or leased vehicle unless they are fully Federally Deputized. 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to CCETF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of LPD and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LPD CCETF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by LPD CCETF personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by LPD CCETF personnel which is outside the scope of their official duties and assignments under this MOU. XIII. SALARYIOVERTIME COMPENSATION 55. The FBI and LPD remain responsible for all personnel costs for their CCETF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to LPD the cost of overtime worked by non-federal LPD CCETF personnel assigned full-time to CCETF, provided overtime expenses were incurred as a result of CCETF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and LPD for full-time employee(s) assigned to CCETF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LPD overtime provisions and shall be subject to the prior approval of appropriate personnel. XIV. PROPERTY AND EQUIPMENT 57. Property utilized by the CCETF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the CCETF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by CCETF in connection with authorized investigations and/or operations and is in the custody and control and 11 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY used at the direction of CCETF, will be the financial responsibility of the agency supplying said property. XV. FUNDING 58. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. XVI. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with CCETF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to CCETF investigations may be equitably shared, in accordance with federal law, with the agencies participating in the CCETF. XVII. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the CCETF's objectives. 62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. XVIII. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. 12 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY XIX. SELECTION TO TASK FORCE AND SECURITY CLEARANCES 65. If an LPD candidate for the CCETF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 66. If, for any reason, the FBI determines that an LPD candidate is not qualified or eligible to serve on the CCETF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 68. Before receiving unescorted access to FBI space identified as an open storage facility, CCETF personnel will be required to obtain and maintain a "Top Secret" security clearance. CCETF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the CCETF, each individual whose assignment to the CCETF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. XX. LIABILITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the CCETF. 71. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the CCETF or otherwise relating to the CCETF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the CCETF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the CCETF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671- 2680: An individual assigned to the CCETF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and 13 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FICA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FICA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any CCETF personnel. 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the CCETF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Dallas Field Office, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any CCETF personnel. 74. Liability for any conduct by CCETF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. XXI. DURATION 75. The term of this MOU is for the duration of the CCETF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the CCETF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the CCETF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the CCETF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the 14 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any CCETF participation. XXII. MODIFICATIONS 78. This agreement maybe modified at anytime by written consent of all involved agencies. 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. Thomas M. Class, Sr. Special Agent in Charge Federal Bureau of Investigation Gregows,tons Chief of Police Lubbock Police Department g 3 0 2� Date August 11, 2016 Date 15 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters.