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HomeMy WebLinkAboutResolution No. R20-83RESOLUTION NO. R20-83 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE FOR PARTICIPATION IN THE FUGITIVE TASK FORCE PROGRAM. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding ("MOU") is hereby recommended by Staff and the Mayor, and a copy is attached hereto and incorporated herein, and hereby approved. Section 2: Adoption. The MOU is adopted and the City's Mayor and Chief of Police are hereby authorized to execute the MOU on the City's behalf. Introduced at a regular meeting of the City Council on December 22, 2020, by Council Member Eaton. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 22nd day of December 2020. APPROVED by the Mayor this 22 day of December 2020. CITY OF LAUREL C:;�omas C. Nelson, Mayor ATTEST: log" Bethany Langve, Ci erk/Treasurer Approved as to form: Sam S. Painter, Civil City Attorney R20-83 Approve MOU United States Marshals Service: Fugitive Task Force Program United States Marshals Service Fugitive Task Force Memorandum of Understanding Rev. 11/2020 PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the Laurel 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 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 RFTF (Regional Fugitive Task Force) or VOTF (Violent Offender Task Force). Cases will be adopted by the RFTFNOTF at the discretion of the RFTF/VOTF 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 RFTF/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 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 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 RFTF/VOTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Agency personnel must be approved by the RFTF/VOTF Chief Inspector/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 RFTF/VOTF 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 RFTF/VOTF. 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 RFTF/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 Page 1 of Rev. 11/2020 investigators, 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 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 RFTFNOTF 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 RFTF/VOTF Chief Inspector/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 funding, the USMS may acquire vehicles to be utilized by state and local investigators assigned to the RFTFNOTF. Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of RFTFNOTF operations. The vehicles must be available for exclusive use of the TFOs assigned to the RFTF/ 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 RFTF/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 RFTFNOTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of RFTF/VOTF 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 agency's participation on the task force. If the 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 and local investigators for exclusive use in support of the RFTFNOTF. If the investigator or agency is no longer 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 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. 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 RFTF/VOTF has adopted a warrant, all investigative reports, evidence, and other materials generated, seized or collected by the RFTF/VOTF, relating to the fugitive investigation, shall be material within the custody and control of the RFTFNOTF. 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 RFTFNOTF fugitive investigation are not 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, in consultation with the local U.S. Attorney's Office, if and as applicable. 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 never contain information related to sensitive USMS programs that are deemed privileged and not subject to reporting. RFTF/VOTF records and documents, including reports on RFTFNOTF activity prepared in cases assigned to TFOs, will be maintained in USMS electronic records. Task force 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 task force related investigations or activities prepared by a TFO on their parent agency form 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 information developed during a RFTFNOTF investigation is included in such a form, the TFO's department will maintain the information as an agent of the RFTF/ VOTF. No information related to RFTFNOTF activities may be disseminated at any time to any third party (including a non -task Page 2 of 3 Rev. 11/2020 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 Office of General Counsel where appropriate. This prohibition applies to formal and informal communications, as well as reports, memoranda, or other records compiled during the course of RFTF/VOTF operations. 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. 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 RFTF/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 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 RFTF/VOTF Chief Inspector/Chief Deputy. Task Force: District of Montana UNITED STATES MARSHAL or RFTF COMMANDER: Print Name: Signature: PARTICIPANT AGENCY: Name: Laurel Police Department Location (City and State): Laurel, MT PARTICIPANT AGENCY REPRESENTATIVE(& Print Nam Signature: Date: Phone: (406) 628-8737 INVESTIGATIVE OPERATIONS DIVISION: Print Name: Signature: Date: Page 3 of 3 Rev. 11/2020 MOU Tracking - Montana (46)-2021-01-07T08_56_29 Memorandum of Understanding Submission Form Status: Completed Submitted By: Phone (xxx) xxx-xxxx: Hornung, Timothy (USMS) [J (406) 237-6848 RFTF/VOTF Name: Montana (46) Agency Name Laurel Police Department U Add MOU Page 1 of 2 MOU Type: VOTF/RFTF 0 JDIS Task Force Identifier: 0 TF46 New or Update New Attach a copy of MOU * Required 2021 MOU - Laurel PD.pdf 1.69 MB NOTE: If you have added a row that you no longer need, you can delete a row by moving your mouse to the far left side of the Agency Name field in that row. An arrow will appear and if you click it, it will give you the option to delete that row. DIB Inspector Review 1. Verify current revision (Footer should reflect Rev. 01/2021) 2. Verify proper District or RFTF MOU used (The header should match District or RFTF on page 4) 3. Ensure signatures are present for USMS and Local Agency 4. Ensure AD's name is present on page 4 for signature ❑ All the above steps have been checked and FINAL approval by DIB Personnel ❑ The MOU is rejected by DIB Inspector DIB Administrative Review and AD Signature For Non-USMS MOUs only For all others AD Signed Attach Signed Memo ❑� Uploaded into JDIS 0 Click here to attach a file ❑V- Scanned and uploaded into MOU Library Modified By: Mazanec, Michelle (USMS) I w.r E3 ❑ Rejected by DIB Admin Submit https://teams.usms.doj.gov/iod/domestic/_layouts/15/FormServer.aspx?XmlLocation=/iod/... 2/10/2021 MOU Tracking - Montana (46)-2021-01-07T08_56_29 Page 2 of 2 https:Hteams.usms. doj .gov/iod/domestic/_layouts/ 15/ForrnServer. aspx?XmILocation=/iod/... 2/10/2021 United States Marshals Service Fugitive Task Force Memorandum of Understanding Rev. 11/2020 PARTIES AND AUTHORITY: This Memorandum of Understanding (IOU) is entered into by the Laurel Police Department and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(1)(13). As set forth in the Presidential Threat Protection Act of2000 and directed by the Attorney General. the USNIS 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 U MS to investigate fugitive matters as directed by the Attorney General is set forth in 28 USC § 566. The Director's authority to directTnd supervise all activities ofthe USMS is set forth in 28 USC § 56l(g) and 28 CFR 0.111. The authority of United States Marshals Lind 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 USCI§ 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 taw enforcement. including the United States Ivlarshals 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 ofjoint law enforcement operations. persons who have active state and federal warrants for their arrest. The intent of thejoint 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 RF"IT (Regional Fugitive Task Force) or,VOTF ( Violent Offender "Task Force). Cases will be adopted by the RFTF/VOTF at the discretion of the RFTF/VOTE Chief Inspdctor/Chief Deputy. Targeted crimes will primarily include violent crimes against persons. weapons offenses. felon drug offenses. failure to register as a sex offender. and crimes committed by subjects who have a criminal history involving violent crimes; Iclony drug offenses. and/or weapons offenses. Upon receipt of a written request. the RFTF/VOTF may also assist non -participating law enforcement agencies in investigating. locating and arresting their fugitives. "Task force personnel will be assigned federal. hate, and local fugitive cases for investigation. Investigative teams will consist of personnel Irom different agencies whenever possible. Participating agencies retain responsibility for the cases they refer to the RFTF/VOTF. 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 RFTF/VOTF will consist of [aw enforcement and administrative personnel from federal. state. and local law- enforcement awenforcement agencies. Agency personnel must be approved bvthe RFTF/VOTF Chief Inspector/Chief Deputy prior to assignment to the RFIT/VOTF. Agency personnel may be removed at anv time at the discretion of the RFTF/VOTE Chief InspectorlChief Deputy. Direction and coordination of the RFTF/VOTF shall be the responsibility of the USMS RFIT/VOTE 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 USNIS RFTF/VOTE personnel. may be established at the discretion of the RFTF/VOTF Chief Inspector/Chief Deputy and will meet and confer as necessary to review and address issues concerning operational matters within the RFTF/VOTE. PERSONNEL: In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task force are required to undergo background investigations in order to he 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 persgnncl 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 he reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws, rules. and regulations. i REIMBURSEMENT: If the Marshals Service receives Asset Forfeiture funding for either I overtime incurred by state and local investigators who provide full time support to USMS RFTF/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 Page I of 3 Rev. 112020 investigators, the USMS shall, pending availability of funds. reimburse your organization for expenses incurred. depending on whichcategory 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 RFTF/VOTE during the quarter; the number of overtime hour incurred, the hourly regular and overtime rates in effect foil each investigator, and the total quarterly cost. The request for reimbursement must be submitted to the RFTF/VOTF Chief Inspector/Chief Deputy, who will revicwv the request far 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 fu,tding, the USMS may acquire vehicles to be utilized by state and local investigators assigned to the RFTFNOTF. Vehicles provided by the USMS remain in the control of tite USMS and must be used solely in support of RFTF/VOTF operations. The vehicles must be available for exclusive use of the TFOs assigned to the RFTF/ VOTE by the undersigned participant agency for the duratin of the agency's participation ort the task force. If the agency is no longer a participating member of the RFTF/VOTE. any USMS ve�icle provided to the agency for use by TFO(s) must be returned to the USMS. Operators of USMS-provided vehicles must adherelto USMS policy regarding the use of goverment 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 toSMS lease agreements. Replacement or removal of any vehicle provided by the USMS will be at the discretion of the USMS and/or s bject to lease agreement terms. EQUIPMENT: Pending the availability ol'Asset Forfeiture funding, the USMS may purchase equipment for state and local investigator assigned to the RFTF/VOTE. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of RFTF/VOTF 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 agency's participation on the task force. If the 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 and local i 'vestigators for exclusive use in support of the RF"I'F/VOTF. if the investigator or agency is no longer a participating member o�'the RFTF/VOTE, ani, 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 Worn Cameras (BWC) may be worn by TFOs operating on a Federal Task Farce when their parent agency mandates their use by personnel assigned to the task force. A partner agency must formally request toarticipate in the TFO 13WC 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 oi'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 shout be aware that TFOs may be participating in the TFO BWC program and may be operating with BWCs on USNIS task force opera(ions 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 RFTF/VOTE has aopted a warrant. all investigative reports, evidence, and other materials generated, seized or collected by the RFTF/VOTE, relating to the fugitive investigation, shall be material within the custody and control of the RFTFNOTF. 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 not evidence and may not be released. A participating agency may retain c pies of RFTF/VOTF investigative reports, and other documents or materials, but they may be released only upon approval of thcJUSMS Office of General Counsel, in consultation with the local U.S. Attorney's Office, if and as applicable. All investigative reporting will be prepared in compliance wi existing USMS policy and procedures utilizing USMS case management systems. Every effort should be made to docume a investigative activities on USMS forms. such as USM -I Is and US11vf- 210s. Reports should never contain information related to sen itive USMS programs that are deemed privileged and not subject to reporting. RFTFNOTF records and documents. including reports on RFTF/VOTE activity prepared in cases assigned to TFOs, will be maintained in USMS electronic records. Task force statistics will be maintained in the USMS case management systems. Statistics will be made available to any participating agency upon requet. This section does not preclude the necessity of individual TFOs completing forms required by their employing agency. I lowwev r, reports documenting task force related investigations or activities prepared by a TFO on their parent agency form 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 information developed during a RFTF/VOTF investigation is included in such a form, the TF9's department will maintain the information as an agent of the RFTF/ VOTF. No information related to RFTFNOTF activities may a disseminated at any time to any third party (including a non -task I'agc 2 of 3 Rev. 11/2020 force law enforcement officer, other law enforcement agency, or prosecutor's office) by any task force member without the express permission of the RFTF/VOTE Chief Inspector/Chief Deputy or his/her designee, in consultation with USMS Office of General Counsel where appropriate. This prohibition applies to formal and informal communications, as well as reports. memoranda. or other records compiled during the course of RFTF/VOTF operations. 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. CONFIDENTIAL SOURCES / CONFIDENTIAL INFORMANTS: Pending tite 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. USNIS 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 RFTF/VOTF will �omply with their agencies'guidelines concerning the use of firearms. deadly force, and less -than lethal devices, to include competing all necessary training and certification requirements. All members of the RFTF/VO1'F 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 a sure that they approve. Copies of all applicable firearms, deadly force. and less -than -lethal policies shall be provided to the RF'rFNO F CIticl'Inspcetor/C'hicl'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 FF31 National Use'of Force Data Collection (NUOFDC) should be accomplished by the involved task force personnel's employing agency when tile TFO is inside their primary/physical jurisdiction and by the USMS when the TFO is outside their employing agency's primary/physio 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 RFTFNO'I'F 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 participantlagencies. 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 li aw. EFFECTIVE DATE AND TERMINATION: This MOU is in ellect once signed by a law enforcement participant agency. Participating agencies may withdraw their participation alien providing 30 days advanced written notice to the RhrF/VOTE Chief Inspector/Chief Deputy. i Task Force: District of Montana UNITED STATES MARSHAL. or RFTF COMMANDER - Print Name:'—"A Signature: Date: PART CIPANT A NCY: Name: Laurel Po ice Departme Phone: (406)628-S737 Location (Qv and . Laurel. NIT PARTICIPANT AGENCY REPRESENTATIVE(S): Print Name and 7'itic: , -� �✓ v Signature: Datc: INVESTIGATIVE OPERATIONS DIVISION: Print Name: Signature: Date: I'uge 3 of Rey. 11/2020 RESOLUTION NO. R20-83 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE FOR PARTICIPATION IN THE FUGITIVE TASK FORCE PROGRAM. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Memorandum of Understanding ("MOU") is hereby recommended by Staff and the Mayor, and a copy is attached hereto and incorporated herein, and hereby approved. Section 2: Adoption. The MOU is adopted and the City's Mayor and Chief of Police are hereby authorized to execute the MOU on the City's behalf. Introduced at a regular meeting, of the City Council on December 22, 2020, by Council Member Eaton. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 22"d day of December 2020. APPROVED by the Mayor this 22day of December 2020. CITY Ol-- LAUREL. TSmas C. Nelson, Mayor ATTEST: Bethany Langve, Cit erk/Treasurer Approved as to form: Sam S. Painter, Civil City Attorney R20-83 Approve MOU United States Marshals Service: Fugitive Task Force Program