Loading...
HomeMy WebLinkAboutExhibitUnited States Marshals Service Regional Fugitive Task Force - MVIemorand um of Understanding PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the City of Miami Police Department and the United States Marshals Service (USIvIS) 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 USIvIS 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) mid 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) "Ivlemorandum 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, 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). hIISSION: 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). Cases will be adopted by the RFTF at the discretion of the RFTF Chief Inspector. 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 may also assist non -participating law enforcement agencies in investigating, Iocating 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 RFTF. 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 will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Agency personnel must be approved by the RFTF Chief Inspector prior to assignment to the RFTF. Agency personnel may be removed at any time at the discretion of the RFTF Chief.Inspector. Direction and coordination of the RFTF shall be the responsibility of the USIvMS RFTF Chief Inspector. 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 RFTF personnel, may be established at the discretion of the RFTF Chief Inspector and will meet and confer as necessary to review and address issues concerning operational matters within the RFTF. Page 1 of 3 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 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 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 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 RUS. 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 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 Chief Inspector, 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 RFTF. Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of RFTF operations. The vehicles must be available for exclusive use of the task force officers assigned to the RFTF 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, any vehicle provided to task force officers from the agency 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 RFTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of RFTF operations. The equipment must be available for exclusive use of the task force officers assigned to the RFTF 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, any equipment purchased with Asset Forfeiture and provided to task force officers 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 RFTF. If the investigator or agency is no longer a participating member of the RFTF, any equipment issued that was not purchased with Asset Forfeiture funding will be returned to the USMS. RECORDS AND REPORTS: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the VOTF shall be retained by the agency in the VOTF responsible for the case. However, evidence may be turned over to other law enforcement agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws, rules, and regulations. Task force statistics will be maintained in the USMS Justice Detainee Information System (JDIS) - Warrant Information Network (WIN). Statistics will be made available to any participating agency upon request. Page 2 of 3 INFORtI_LNTS: Pending the availability of funds, the USMS may proyide funding for the payment of inform is II e.er, al! payments of informants utilizing USMS funding shall comply with USlS policy. USE OF FORCE: Ail members of the .RJ:TI Fwill comply with their agencies' g'ucciine.s concerning the use of firearms, deadly force, and less -than lethal devices, to include competing all necessary training_ and certification requirements. All member of the RFYF and their parent at=encies will rend and adhere to the D©J Policy Statement on the Use Of Less -Than -Lethal Devices, d .d May 16, 20 11. Copies o all applicable firearms, deadly force, and less -than -lethal policies Shall be provided to the District Chief Deputy and each concerned task force officer. In the event of a shooting involving task force personnel, the incident will be investigated by the appropriate ageiicy(s). Additionally, in the event ofa shooting. the required reporting for the TBINational Use of Force Data Collection should be accomplished by the involved task fore personnel's employing, agency when the TFO is inside theirprimary/physical jurisdiction and by the IJS'4ES when the II-0 is outside their employing agency's primary/physical Jurisdiction. If the employing agency wishes to submit such NII0FDC entries regardless of the physical location oF the event, that is allowed under this MOU with prior written notice to the TJSMS. N \F'S MEDIA: 4Eedia inquires will be referred. tot aereenent and through coo dinati the task force. eD , iricr Ck of Deptit;v. A press release may be issued and press conference held, upon with panic c..:'lt agencies' representatives, All press releases Will e..ciusivei 4' make reference to RELEASE OF LIABILITY: Each agency shall be responsible far the acts or omissions or its employees Participating agencies or the ernp(oyees shall not be considered as the agents orany' ot}'ici"ps.€ti.tpc ring agency, Nothing herein waives or limits sovereign ti-ei,itinity under federal or slate statutory or constitutional law. EFFECTIVE DATE AND 7 ERi'4Iiy A'I This MOU is in effect once signeed by a law enforcement participant agency. Participating agencies may withdraw their pa after providing"30 days advanced written notice to the District Chief Deputy U.S. Marshal. Florida Caribbean Regional F urti,eT2sc Force United States -511rsha] ar RFTF Commander: Print. arse: Jason Oruuwa!d Participant Ag nay: Name: City Of \Barn! Police D. rent Location (Cirti aild Sane): Miarni,'Florida R1 C' V I.1 Cieif�iiy siOred by JASON SI^natllr : /+r�I ��i" i iGftUN'h+ALo Batt: �3i\V[�iSIVt'l1 b 1oi50526•-040e'' Phone: (3103) 603-.6640 05/02/2018 Participant A renry Representative: Print Natrie and Title: ,loige R. Col.inna, Chief of Police ( Assistant Director, Investigative Opertnhuns:Divis'nir Print Name: AD Jeff Tyler Page af3 Date: Date: U.S. Marshals Service • Regional Fugitive Task Force — Memorandum of Understanding CITY OF MIAMI, a Florida Municipal Corporation (IL By: Emilio T. Gonzalez, City Manager Attest: Todd B. Hannon, City CIerk Approved as to Fo orrectness: By: Victori Approved as to In amey Jam" ents: Date: Date: Date: 2/747 By: Date: -Marie S Risk Manag rector of