2022-11-07 Short Term MOU - Laserfiche WebLink

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operation, or USMS led national initiative, after agreeing to share any BWC footage obtained during the operation with the USMS upon request. Any BWC footage of a critical incident such as an Officer Involved Shooting or other use of force leading to death will be shared as soon as possible after the incident. Other footage will only be requested if the USMS has a mission -related requirement that can only be supported by receipt of the BWC recording from the partner agency. The partner or non -partner agency engaging in the initiative or operation acknowledges that any footage shared with the USMS is subject to federal disclosure laws and regulations, including the Freedom of Information Act (FOIA). Short term operations are defined for this purpose as USMS Enforcement related operations where a Special Deputization is issued or group Special Deputizations are performed. These include, but are not limited to, Operation Washout, Operation Triple Beam, USMS National Initiatives for Enforcement, or any other DOJ directed initiative that is enforcement oriented and led by the USMS. TFOs whose parent agency is not participating in the TFO BWC program are not authorized to deploy with BWCs on USMS missions. RECORDS, REPORTS, AND TESTIMONY: All investigative reports, evidence, and other materials generated, seized, orcollected by the USMS relating to a fugitive investigation, shall be material within the custody and control of the USMS onceany warrant is adopted by any USMS district or division. 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 any USMS fugitive investigation are ordinarily not evidence and may not be released unless authorized by the USMS Office of General Counsel (OGC). A participating agency may retain copies of USMS investigative reports, and other documents or materials, but may only be released upon approval of the USMS OGC and in consultation with the local U.S. Attorney's Office, if and as applicable. If an applicable state law mandatesthe release of records or reports pertaining to USMS activities, those documents may only be released aftercoordination with USMS OGC. All investigative reporting will be prepared in compliance with existing USMS policies and procedures utilizing USMS Investigative Mission Systems. Every effort shall be made to document investigative activities on approved USMS forms. Reports will never contain information related to sensitive USMS programs that are deemed privileged and not subject to reporting. USMS records and documents, including reports on enforcement and investigative activity will be maintained in USMS electronic records and/or paper case files. Joint operation statistics will be maintained in the USMS case management systems. Statistics will be made available to any participating agency upon request. This section does not preclude the necessity of individual TFOs completing forms required by their employing agency. However, reports documenting joint operation related investigations or activities prepared by a TFO on their parent agency form, or authorized TFO BWC recordings during USMS operations, and any TFO's joint operations 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 disclosure of joint operation records, the parent agency must coordinate with the USMS prior to any proposed disclosure. If information developed during a USMS investigation is included in such a form, the TFO's parent agency will maintain the information as an agent of the USMS. 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 USMS 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 joint operations member without the express permission of the USMS 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 USMS operations. This prohibition also applies to information conveyed during any testimony. All requests for joint operation related testimony requires compliance with the DOJ Touhy Regulations, 28 C.F.R. § 16.2 1, et seq.