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HomeMy WebLinkAboutBack-Up DocumentsUnited States rvlarshals Service Regional Fugitive Task Force - Memorandum of Understanding PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the City o f Miami 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 1 hre•-=e Protection Act of 20Q0 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 (E-) and 28 C:FR 0.111. The authority ofifnited States Iv1 rshals and Deputy U.S.Marshals, "in executing the laws of the United States within a State ... [to: exercise the same powers which a sheriffof the State may exercise in executing the laws thereof' is set forth in 28 USC § 564. Additional authority is derived from 18 US C § 3053 and Office of Investigative Agency Policies Resolutions 7 & 15. (See also) "Memorandum for HowardM. 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 PursueNon-Federal Fugitives, issued by the USMS Oce of General Counsel, dated May, 1, I995. (See also) 42 U.S.C. § 169 1(a)(the Attorney General shalt use the resources of federal law enforcement, including the United StatesMarhalc 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 Ls to investigate and apprehend local, state and federal naitives, thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for investigation by the RITE (Regional Fugitive Task Force). Cases will be adopted by the RFTF at the discretion of the RAF Chief Inspector. Targeted crimes will primarily include violent crimes against persons, weapons offenses, felony drug offenses, failure to register as a s`x offender, and crimes committed by subjects who have a criminal history involving violent crimes, felony drug offenses, and/or weepons offenses. Upon receipt of a written request, the REIF may also assist non -participating law enforcement agencies in investigating, locating and arresting their fugitives- Task force personnel will be assi_ aed 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 Info rnation Center(NCIC) by the USMS or originating agency, as appropriate. State or local fugitive cases will be entered into NCIC (and ether 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 RFTE. A_ency personnel may be removed at any time at the discretion of the RITE Chiefinspector. Direction and coordination of the RFTF shall be the responsibility of the USMS RITE Chief Inspector. Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each aneney retains a esponsibility 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. Page1 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 sha11 bear the costs associated with those in vestiasdons. 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 officer traveling on official business at the direction of the USMS shall be reimbursed directly by the USyiS for their travel expenses in accordance with applicable federal laws, rules, and regulations. RELNIB RSEMENT: 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; or2) travel, training, purchase or lease of police vehicles, fuel, supplies or equipment for state and local investigator in direct support of state and local investigators, the US vIS shaII, pending availability of funds, reimburse your organization for expenses incurred, depending on which category of b_mdine 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-I $11-12 Step I, 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 prover 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 reiribusement, stamp and sign indicatin a 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 lases. VEHICLES: Pendina. the availability of Asset Forfeiture funding, the USMS may acquire vehicles to be utilized by state and local invesi_ators asigned to the RFTF. Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of PITY 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 aeency forfeiting the opportunity to atilt= a USMS provided vehicle in the future. Vehicles provided to state and local investigator may be subject to additional regulations or restrictions pursuant to USMS lease agreements. Replanernent or removal of a,_ny vehicle provided by the USMS will be at the discretion of the USMS and%or subject to lease aflreement terms. EQUIPMENT: Pending the availability of Asset Forfeiture funding, the USMS may purchase equipment -for state and local investigator; assi_ned to the RFTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of RFTF option Tne equipment must be available for exclusive use of the task force officers assigned to the RFTF by the wdcrsianed 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 RFC any equipment purchased with Asset Forfeiture and provided to task force officersfrom the agency may be retained by the aeency. _ 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 investigator 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. RE CORDS AND REPORTS: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the VOTE shall be retained by the agency in the VOTE responsible for the case. Eiowever, 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 (IDIS) - Warrant Information Network ( LN). Statistics will be Made available to any participating agency upon request Page2of3 INFO R\I 'T5: Pcn cltr.2 the c:zilabilit of Nntis, the LSNIS ra Faro id2 &Jac -Tins, for the payment of infori .fl1<i.s. Flown -et; all p_yn -r!_ � ir.:C1:'ts" L'=kTk :_s• I_rjMS f rdin2 shall co with ith TJSMti a USE OF FORCE: All members ore t_ 1T will c4.-Knply with their aatazee_r euid2>Res coact - -g the nn lethal d ices, to include completirx2 al necessary. ti .n_ { i IL- A!i r-..s r Z a L- E c i1-` s: x- Cer[�1l` el�i? i�yJ..2:f-z l?,.-_ �J members C� ei}= �t-T`-� � aaa-41-4 will read and 2enere tot e D=OJ F�;FC�' Stacerpe t GC the -Use. i r - �-eL • � � - cz Less--�� � Leth al Devices, cg�d_i,fa�� 1 � ���I_ boa Eli arD1 C?�`'le trearC , deadly force, and less-h=.ri-lethal L iicies shall c2 ;cam„ -s the D C.5 a ` - { r ,� 3 �_ik; _ 1F r"i a 1^ � ,. r'`v to ' force Qi'C?r. L the e er of a shoo—in_shootinT 1T:tiG 'eiic t=yr force ? rthe • [� � 1'u1dent : ill be Lx' eki3 te,: 1.7v the a ��TUCt`tcit _e. rs?_ Additionally, 1n tk eiy r c �-oi i-�, the ui.rec rti �- � �r.c_ t _.� 1=�I l,a'}9a=_s I..h'e of Force Dale Cs li:i accomplished b the LT/Dived tosk force 2w7Tifivl S i IJti3Y'ia;� ap:.itc whet!. c: TEO is iS�S7� t e �:.sY l s +d b to LSVS when - - r{F f I€ a es =i? t. ? .FO W outside', their em O ina �ency's priroaryiph rC2 ju ism Clio.:_ If the. emplo -ic_ 2Tiw Lr t; ej t0 t, x�.rf="ei_ Sc�Cl3 �I�?� l�F' el ez..s Te`a-ulZ'a' €: the u7=?fJ location of the event, that is altowed rs under k i-�i� MOLT - notice to the Li:S3fS. with li : .r rr� N'E S iW v}c iiiqui u If k%i be referred to the District Chiel De �:xt_I. A press release t•- and r r�-" 1'` --_ ]'{sue issued ce s G'� Ci .l'_TL i:C2 exi� t=_q fnancemeni cZ- tc li •`1r_ ^3 st+1;. µ-- at- ie7r?:2: E =tt pCc.`-`�_. Ldl =: Sr sf tx'�+t�."=; :��a.,= the L_{ force. �r�te, c%a:2 to RELEASE OFLLTT Earl! 2C i' she'; ber 'C -= le for the acts u - r•r t y l�frS � .s Ck.k:.s er-' xt7z'ti' l� Qr« L 2;-ty � �__ s _ 14f_� S �l fin -LA �i c� c•• the a i e%ts Dr r other -t i- - - _ F:.._.. ��frfec72i?L r•. �l%ir�4ty l�z, Z:=F1%--.- C_ 11�li�Su r .=f`,I Lry i,'S=_`i'_z`�4` - 's gab -It -cry o e:_:t3iilu toil In.ti_ Lu.^e t.at G: EFFECTIVE DATE z31'71) TERMITION: nit,. VOLT. is In effect. orice s?aned by a law eOforcernerm participant 'a - cy. Pa-1c(Cali C_iil= agencies €=12.' __kee fix uitirfe _ti Ca'i3 M,tanced cite rF notice tw tbeDitt.' riot Cbief Dolt US. ymshat. F 'FTr: Florida Caribbean Reo"+oeal Fus rki+furl Force l:`i=itod jt?tei Marsha or RFTr Comthii der: ? sQri Grgaweif t S N 5F;...ed by J 5a cw>� GR:J NWAL r =� 2G 05.4s Participant Aunty: City 6M1sl_:iiPo1i .eDe tnie1t I cwt'foa (Ci, e d& re): Florida Pard, :tAgerwy .ep rejenta dye: Print ttrneand-ri:le: 5agature Jorge R. Colmar Cf1 lef of Poi; ce 11. 4sz is c Director, Tp-velirat ve Ctp raa; Print 'Name: Jeff Tyler Pag_3 of3 Phthie: (ary).603- tIQ 0-5/02/2018 �., U.S, Marshals Service Regional Fugitive Task Force -- lyre:norandurn_ of Understanding CITY OF MAW a Florida Municipal Corporation NAVO By: Emilio T. Gonzalez, City Manager Attest: Date: Date: Todd B. Hannon; City CIerk / Approved as to Fojnd Correctness: orny Jam" Approved as to ents: By: ArZ-Marie S Risk Manag rector of Date: Date: Jta 2 .et _�