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HomeMy WebLinkAbout2022-11-07 Short Term MOUUnited States Marshals Service Short -Term Joint Operation — Memorandum of Understanding Rev. 03122 PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the Kittitas County Sheriffs Office 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, codified at 34 U.S.C. 41503, 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; Memorandum concerning the "Authority to Pursue Non -Federal Fugitives," issued by the USMS Office of General Counsel, dated May, 1, 1995; 42 U.S.C. § I6941(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."). Additional authority is derived from the Attorney General's Memorandum, Implementation of National Anti -Violent Crime Initiative (March 1, 1994); Attorney General's Memorandum, Policy on Fugitive Apprehension in FBI and DEA Cases (dated August 11, 1988); Memorandum of Understanding between the Drug Enforcement Administration and the United States Marshals Service (dated September 28, 2018, or as hereafter amended); and Federal Rules of Criminal Procedure 41 — Search and Seizure. MISSION: The primary mission of this temporary, short term joint operation is to investigate and/or arrest persons who have active federal, state, local, tribal, and/or territorial arrest warrants adopted by the USMS and/or investigate those in potential violation of any federal law within the purview of the USMS. The intent of this joint effort is to improve public safety through the targeting of violent fugitives, criminal gang members, and/or non-compliant sex offenders, as well as gather and share street level intelligence to support larger scale criminal investigations. Federal fugitive cases referred through this joint operation for investigation by any participating agency must be entered into the National Crime Information Center (NCIC) by the USMS or originating agency, as appropriate. All state, local, tribal, or territorial cases shall be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the originating agency or the originating agencies designee. Entry of warrants, gang members and registered sex offenders into NCIC is critical to enhance officer safety and to facilitate proactive enforcement and intelligence gathering. PERSONNEL: Administrative matters, which are internal to the participating agencies, remain the responsibility of each respective agency. Furthermore, each agency retains responsibility for the supervision and conduct of its personnel in this joint endeavor. Non-USMS law enforcement officers assigned for purposes of this joint operation may be deputized as Special Deputy U.S. Marshals when needed for Investigative or Geographic Jurisdiction, REIMBURSEMENT: If the Marshals Service receives Asset Forfeiture funding or other funding designated for these purposes 1) overtime incurred by state, local, tribal, or territorial investigators who provide to USMS joint law enforcement operations; or 2) travel or training for state, local, tribal, or territorial investigators in direct support of joint law enforcement operations, the USMS shall, pending availability of funds, reimburse 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, local, tribal, or territorial 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, to include overtime for other personnel, including administrative personnel, where approved as part of the joint operation, shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted at the conclusion of the joint operation, and which provides the names of the investigators or administrative personnel who incurred overtime for the joint operation; the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator or administrative personnel, and the total cost. If the joint operation lasts longer than 90 days, requests should be submitted quarterly. Any request for reimbursement of overtime must be submitted to the respective USMS Chief Inspector, Chief Deputy, or their designee, for approval. Supporting documentation must accompany requests for reimbursement. Reimbursement for other types of qualified expenses (i.e., investigative or travel) shall be contingent upon availability of funds and the submission of a proper request for reimbursement. Joint operation personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance of the joint operation. 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. Any request for reimbursement of a qualified expense must be submitted to the respective USMS Chief Inspector, Chief Deputy, or their designee, for approval. Supporting documentation must accompany requests for reimbursement. Reimbursable Funds for all USMS approved expenditures are capped at no more than $ 2550 BODY -WORN CAMERAS AND TASK FORCE OFFICERS: As per DOJ Policy, dated October 29, 2020, Body Worn 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 partner 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. Further, pursuant to the Deputy Attorney General's Memorandum issued June 7, 2021 ("Body-Wom Camera Policy"), DOJ law enforcement components have been directed to initiate a body-wom camera program for their respective agencies. Accordingly, all partner agencies should be aware that USMS and other DOJ law enforcement personnel may be operating with BWCs on USMS task force operations. Any partner agency not covered by an existing executed USMS TFO BWC MOU Addendum or any non -partner state, local, federal, or tribal agency are authorized to utilize their BWC during a USMS short term 2 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. TFOs receiving requests to testify in federal or state court must notify the Office of General Counsel. 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/Cls, registration of CS/Cls, and all payments to CS/Cls shall comply with USMS policy. USMS payment to an individual providing information or "tips" 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 participating agency 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 joint operation 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 District Chief Deputy or IOD Chief inspector and each concerned TFO. In the event of a shooting involving task force personnel, the incident will be investigated by the appropriate agency(ies). 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 joint operation 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 USMS Chief Inspector, Chief Deputy, or their designee. 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 joint operation 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. PERIOD OF PERFORMANCE/EFFECTIVE DATE/TERMINATION: Once signed by all parties, this MOU will become effective upon the commencement of the operation and terminate upon the operation's conclusion, or when in agreement of both parties. 4 Operation Operation Name: OFFENDER RODEO Operation Location: Kittitas County, WA Start Date: 11/12f2022 End Date: 12/19/2022 District[Fask Force: WA -E VOTF U.S. Marshal, Chief Deputy or Commander: Print Name/Title: Craig E. Thayer Signature: C,* (%� 7AY04, Participating Agency: Name: Kittitas County Sheriffs Office Location (City and State): Ellensburg, WA, WA Participating Agency Approval Authority: Print Name and Title: Clayton Myers Sheriff Signature; 5 Date: 11/07/2022 Date: