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HomeMy WebLinkAbout21- Memorandum of Understanding - US Marshals Service - Threat Protection Act United States Marshals Service Fugitive Task Force Memorandum of Understanding Rev.01/2021 PARTIES AND AUTHORITY: This Memorandum of Understanding(MOU)is entered into by the Bozeman 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 Regional Fugitive 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(DOJ),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 warrants for their arrest.The intent of the joint effort is to investigate and apprehend local,state,tribal,territorial,acid federal fugitives, thereby improving public safety and reducing violent crime.Each participating agency agrees to refer cases for which they hold the primary warrant for the subject to the RFTF(Regional Fugitive Task Force)or VOTF(Violent Offender Task Force)for adoption and investigation. Cases will be adopted by the RFTFNOTF at the discretion of the RFTFNOTF Chief Inspector/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 RFTFNOTF may also assist non-participating law enforcement agencies in investigating,locating and arresting their fugitives. Task force personnel will be assigned federal and adopted 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 RFTFNOTF.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,local,tribal,or territorial fugitive cases will be entered into NCIC(and other applicable state or local lookout systems)as appropriate by the concerned agency. SUPERVISION:The RFTFNOTF may consist of law enforcement and administrative personnel from federal,state, local,tribal,and territorial law enforcement agencies.Agency personnel must be approved by the RFTFNOTF Chief lnspector/Chief Deputy prior to assignment to the RFTFNOTF.Agency personnel may be removed at any time at the discretion of the RFTFNOTF Chief Inspector/Chief Deputy.Direction and coordination of the RFTFNOTF shall be the responsibility of the USMS RFTFNOTF Chief Inspector/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 RFTFNOTF personnel,may be established at the discretion of the RFTFNOTF Chief Inspector/Chief Deputy and will meet and confer as necessary to review and address issues concerning operational matters within the RFTFNOTF. 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,local,tribal,or territorial task force officers(TFOs)traveling on official business at the direction of the USMS shall be reimbursed directly by the USMS for their authorized travel expenses in accordance with applicable USMS policy,federal laws,rules,and regulations. REIMBURSEMENT:If the Marshals Service receives Asset Forfeiture funding for either I)overtime incurred by state, local,tribal,or territorial investigators who provide full time support to USMS RFTFNOTF joint law enforcement task forces;or 2)travel,training,purchase or tease of police vehicles,fuel,supplies or equipment for state,local,tribal,or territorial investigators in direct support of state,local,tribal or territorial investigators,the USMS shall,pending availability of funds,reimburse your organization for expenses incurred,depending on which Page 1 of 3 Rev.012021 cy offmding 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 the equivalent 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 rat for reimbursement which shall be submitted quarterly on a fiscal year basis,and which provides the names ofthe investigators who incurred overtime for the RFTFNOTF during the quarter,the number ofoverdme hours incurred,the hourly regular and overtime rates in effect for each invesdgaor,and the total quarterly cost.71 he request for reimbursement must be submitted to the RFW/VOTF Chief Inspector/ Grief Deputy,who will review the request for reimbursement,stamp and sign indication 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 funding,the USMS may acquire vehicles to be utilized by state,local,tribal,or territorial investigators assigned to the RFTFNOTF.Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support ofRFTFNOTF operations.The vehicles must be available for exclusive use of the TFOs assigned to the RFTFNOTF 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 RFTFNOTF,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 ofgovernment 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 opportrmity to utilize a USMS- provided vehicle in the future.Vehicles provided to state,local,tribal,or territorial 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,local,tribal,or territorial Investigators assigned to the RFTFNOTF.Equipment purchased by the USMS ruing Asset Forfeiture funding must be used solely in support of RFTFNOTF operations.The equipment must be available for exclusive use of the TFOs assigned to the RFTF/VOTF by the undersigned participant agency for the duration of the agemey's participation on the task force.Ifthe agency is no longer a participating member of the RFTFNOTF,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 funding remains the property of the USMS and will be issued to state,local,tribal.or territorial Investigators for exclusive use In support of the RFTFNOTF.If the investigator or agency is no toager a participating member of the RFTFNOTF,any equipment issued that was not purchased with Asset Forfeiture funding will be returned to the USMS. BODY-WORN CAMERAS AND TASK FORCE OFFICERS:As per DOJ Policy dated October,29,2020,Body Wom Cameras(BWC) may be worn by TFOs operating on a Federal Task Force when their parent agency mandates their use by personnel assigned to the task force. A partner agency must formally request to participate in the TFO BWC program and,upon approval,comply with all DOJ and USMS policies, procedures,documentation,and reporting during their participation. Moreover,pursuant to the DOJ BWC Policy.the USMS will inform all parhur agencies of which other partner agencies,if any,have been authorized to have their TFOs wear BWCs on the Task Force,and provide all partner agencies with a copy of the DOJ BWC Policy. That information will be provided separately. Accordingly,all partner agencies should be aware that TFOs may be participating in the TFO BWC program and may be operating with BWCs on USMS task force operations in their agency's jurisdiction. TFOs whose parent agency is not approved for participation in the TFO BWC program are not allowed to deploy with BWCs on USMS missions. RECORDS AND REPORTS:After the RFTFNOTF has adopted a warrant,all investigative reports,evidence,and other materials generated,seized or collected by the RFTFNOTF,relating to the fugitive investigation,shall be material within the custody and control of the RFTF/VOTF.Physical evidence,such as drugs,firearms,counterfeit credit cards,and related items may be released to the appropriate prosecuting agency.Records and information obtained during the RFTF/VOTF fugitive investigation are net evidence and may not be released.A participating agency may retain copies of RFTFNOTF Investigative reports,and other documents or materials,but they may be released only upon approval of the USMS Office of General Counsel(OGC),in consultation with the local U.S.Attorntey's Office,if and as applicable.if an applicable state law mandates the release of records or reports pertaining to RFTFNOTF activities,those documents may only be released after coordination with USMS OGC. All investigative reporting will be prepared in compliance with existing USMS policy and procedures utilizing USMS case management systems.Every effort should be made to document investigative activities on USMS forms,such as USM-1 is and USM-210s.Reports should now contain information related to sensitive USMS programs that are deemed privileged and not subject to reporting.RFTFNOTF records and doc u trA%including reports on RFTFNOTF activity prepared in cases assigned to TFOs,will be maintained in USMS electronic records.Task farce statistics will be maintained in the USMS case management systems.Statistics will be made available to any participating agency upon request.Thls section does not preclude the necessity of individual TFOs completing forms required by their employing agency. However,reports documenting task farce related investigations or activities prepared by a TFO on their parent agency form,or authorized TFO BWC recordings during RFTFNOTF operations,and any TFO's task force related email or text exchanges are deemed federal records under the control and purview of USMS,regardless of where these records are generated or kept.If an applicable state records law mandates the disclowre of task foe records,the parent agency must coordinate with the USMS prior to any proposed disclosure.If information developed during a RFTFNOTF investigation is included in such a form.the TFOs department will maintain the information as an agent of Page 2 of3 Rev.01/2t121 the RFTFNOTF.Documents containing information that identifies,or tends to identify,a USMS confidential source,a USMS sensitive program,or the use of sensitive equipment/techniques shall not be released outside of the USMS unless approved by the Office of General Counsel.No information related to RFTFNOTF activities may be disseminated at any time to any third party(including a non-task force law enforcement officer,other law enforcement agency,or prosecutor's office)by any task force member without the express permission of the RFTFNOTF Chief Inspector/Chief Deputy or his/her designee,in consultation with USMS OGC where appropriate.This prohibition applies to formal and informal communications,as well as reports,memoranda,or other records compiled during the course of RFTFNOTF operations. CONFIDENTIAL SOURCES I 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/Cls and all payments to CS/Cls 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 RFTFNOTF 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 RFTFNOTF will read and adhere to the DOJ Policy Statement on the Use of Less-Than-Lethal Devices,dated May 16,2011,and their parent agencies will review the Policy Statement to assure that they approve.Copies of all applicable firearms,deadly force,and less-than-lethal policies shall be provided to the RFTFNOTF Chief Inspector/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 inquiries will be referred to the RFTFNOTF Chief Inspector/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 and participant agencies. 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,limits,or modifies any party's sovereign rights or immunities under applicable 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 RFTFNOTF Chief Inspector/Chief Deputy. Task Force:District of Montana UNITED STATES MARSHAL or RFTF COMMANDER: Print Name: Timothy A Hornung Signature: Date: PAR IQPANT Name: Bozeman Police'Department Phone: 406-592-2000 Location(City and State): Bozeman,MT PARTICIPANT AGENCY REPRESENTATIVE(SI: Print Name and Title: Jim Veltkamp,Chief Signature: Date: 7- r Z ) INVESTIGATIVE OPERATIONS DIVISION: Print Name: Signature: Date: Page 3 of 3 Rev.0112021