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HomeMy WebLinkAbout25349AGREEMENT INFORMATION AGREEMENT NUMBER 25349 NAME/TYPE OF AGREEMENT US MARSHALS SERVICE DESCRIPTION MEMORANDUM OF UNDERSTANDING ADDENDUM/BODY WORN CAMERA PROGRAM/MATTER ID: 24-2778/#8 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 12/9/2024 DATE RECEIVED FROM ISSUING DEPT. 12/24/2024 NOTE 1• Rst -tf� U.S. MARSHALS Body Worn Camera Program TFO BWC MOU ADDENDUM Appendix A a v-6 The following is controlling guidance for situations that may affect a Task Force partner agency regarding the TFO (Task Force Officer) BWC (Body Wom Camera) MOU (Memorandum of Understanding) Addendum. This guidance is issued by the United States Marshals Service (USMS) Body Worn Camera Program (BWCP) and USMS Office of General Counsel (OGC): • Review Boards/Other Public Dissemination: If an agency is under a consent decree or otherwise required by statute, law, or agreement to disclose BWC footage to a review board, that entity and their access to the agency BWC and the qualifying events or incidents that are the subject of the agreement will be described in a Ietterhead memo that the USMS will keep in the BWC MOU tracking system. The memo should include the timeline for that board to receive the footage, if their access to an agency BWC Video Retention System is direct or indirect, and whether the review board has independent/unilateral public disclosure authority. This information will assist the USMS OGC in determining what timeline they may be under to perform agency review if a qualifying incident occurs where TFO and/or USMS BWC footage has been recorded. • State Law/Agency Policies: If state law or qualifying agency policy requires recording outside the parameters of USMS TFO BWC MOU Addendum, the agency will provide that information and a copy of the policy to the USMS BWCP. Any recording of events outside of the TFO enforcement action (i.e., medical facilities, prisoner transport) should be separated if possible. This separation can be achieved by deactivating the recording of the TFO BWC prior to re -activation of recording upon the start of a USMS enforcement action, and/or deactivating the recording of the TFO BWC when a scene is concluded and secure. The TFO can then reactivate recording when the officer is operating under their agency policy alone for a non-TFO agency responsibility. When separate recording(s) are possible, the USMS will receive only the enforcement BWC recording. If deactivation and reactivation of recording are not feasible or are not permitted by state law or parent agency policy, the entire recording will be shared with USMS with the understanding that USMS will, if necessary, redact the entire portion of any recording that shows .the TFO performing an agency duty where they are not operating under the USMS Task Force (TF) MOU parameters for enforcement actions. If a partner agencyTFO BWC has the technical capability to apply a marker during a recording, the TFO will apply the marker at the beginning and end of the enforcement action, if feasible. The TFO or designated group within the partner agency is responsible for sharing and uploading of their BWC recordings into the USMS Video Retention System (VRS). • Short term operations: Any partner TF agency not covered by an existing executed USMS TFO BWC MOU Addendum and any non -partner state, local, federal, or tribal agency are authorized to utilize their BWC during a USMS short term 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 BWC agency. Short term operations are defined for the purpose of this Appendix as USMS Enforcement related operations where a Special Deputization is issued or mass Special Deputizationsare performed. These include, but are not limited to, Operation Washout, Operation Triple Beam, USMS National Initiatives for Enforcement, and any DOJ directed initiative that is enforcement -oriented and led by the USMS. Rev. 11/10/22 *AN.. UNITED STATES MARSHALS SERVICE Investigative Operations Division USMS Body Worn Camera Program Office TFO Body Worn Camera (BWC) Interim Standard Operating Procedures Version 1.0 October 2021 LAW ENFORCEMENT SENSITIVE - FOR OFFICIAL USE ONLY - MAY NOT BE DISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF USMS t fit. . L/t is trte ptvperty ut trte vorvto anu may nut ye uraserntrtdteo WI WC! WIIJRUUJL ute express itiritten consent of the USMS TFO BWC Interim Standard Operating Procedures Table of Contents 1. Purpose 3 II. Authority 3 III. Scope 3 IV. Roles and Responsibilities . 3 V. Operational Procedures 4 VI. Expedited Public Release .. 8 VII. Technical Procedures 8 VIII. Reporting 9 IX. Training 10 X. Acronyms 10 Xl. References 11 XII. Attachment(s) 11 XIII. Definitions 11 LAW ENFORCEMENT SENSITIVE (LES) — FOR OFFICIAL USE ONLY . This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures 411,610111111111111291111111111101101/1111111111125. I. Purpose: The following guidelines set forth the interim standard operating procedures (SOP) within the United States Marshals Service (USMS) for the operational use of Body Worn Cameras (BWCs) by specially deputized USMS Task Force personnel and the collection, documentation, management, and dissemination of digital media created by use of such equipment. USMS managers and supervisors are responsible for ensuring that the United States Department of Justice (DOJ) Policy — Use of Body -Worn Cameras by Federally Deputized Task Force Officers (hereinafter, "DOJ TFO BWC Policy") as revised September 2021, the respective Task Force Memorandum of Understanding (and TFO BWC Addendum), and other applicable DOJ and USMS policies and procedures, to include those outlined herein, are followed when BWCs are utilized during USMS fugitive and other criminal investigations. The USMS regularly partners with state, local and tribal law enforcement agencies throughout the nation on USMS-led joint task forces. These relationships are vitally important to the USMS and its mission to protect our communities. Several of these participating state and local agencies have adopted internal policies mandating the use of BWCs and have requested that their officers wear BWCs while conducting planned arrests and searches during federal task force operations. To the extent state and local law enforcement agencies mandate BWCs for their specially deputized Task Force Officers (TFOs) while engaged in USMS task force operations, DOJ, through the DOJ TFO BWC Policy, has authorized such federally deputized TFOs from those agencies to use their BWCs under circumstances specified in that policy. The use of BWCs pursuant to the DOJ TFO BWC Policy, the USMS Task Force Memorandum of Understanding (MOU) (and an associated BWC-related Addendum), and this interim SOP do not replace the requirement to provide thorough written documentation of an operation and/or incident. All data, images, video and metadata captured, recorded, or otherwise produced is subject to federal law regarding management of federal records and is therefore the property of the United States Government and the USMS. II. Authority: This interim SOP is issued under the authority of the Assistant Director(AD), Investigative Operations Division (IOD), the USMS BWC Program Office (BWCPO), and the DOJ TFO BWC Policy. III. Scope: IOD and the BWCPO are responsible for the implementation of all policy and establishment of procedures relating to BWCs used by USMS TFOs, pursuant to the DOJ TFO BWC Policy and the USMS BWC Addendum to the Task Force MOU. These policies and procedures include, but are not limited to, the operational use by and training of USMS TFOs that utilize BWCs while in support of a USMS led Fugitive Task Force; procurement (VRS management systems only); and the collection, documentation, management, dissemination, and disposition of records relating to BWC use by TFOs. This interim SOP applies to all USMS personnel (including USMS contractors), TFOs (specially deputized federal, state, local and tribal officers) working with the USMS in our enforcement operations. The IOD, BWCPO, and the USMS Office of the General Counsel (OGC) are responsible for Agency - wide oversight to ensure compliance with the DOJ and USMS BWC policies and procedures, as well as other applicable federal and state law, DOJ and USMS policies, procedures, and regulations, to include, but not limited to, those relating to record -keeping and USMS records dissemination. District Chief Deputies and Regional Task Force Commanders are responsible for the daily management of BWCs worn by TFOs in their respective districts and regions, as specified within the DOJ TFO BWC Policy and herein. IV. Roles and Responsibilities A. The Program Executive (PE) BWCPO is responsible for managing and overseeing the USMS BWCPO as well as implementing the DOJ BWC Policy. This interim SOP promotes compliance with its provisions; ensures that use of BWCs by TFOs during regional and district task force operations receive the required approvals in accordance with the referenced policies and this interim SOP; and ensures USMS personnel, TFOs, contractors, and participating task force partners operate in accordance with applicable laws, regulations, rules, policies, and procedures. This interim SOP will also ensure compliance with those rules and regulations that Page 1 3 This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures control the collection, management, documentation, dissemination, and disposition of records, to include those that contain personal identifying information (Pll) collected by BWCs. BWCPO is the chief administrative component of the USMS BWCP and shall ensure compliance with program policies and regulations, and applicable federal, state, and local laws. BWCPO is responsible for establishing and maintaining operational policies and procedures associated with all USMS TFO BWC use. B. The United States Marshal (USM) and Chief Deputy United States Marshal (CDUSM) are responsible for the overall supervision and management of any BWCP within their district. In those areas where there is an IOD Regional Fugitive Task Force (RFTF), the Commander is responsible for the overall supervision and management of the BWCP related to those state and local law enforcement agencies where there is a task force MOU and TFO BWC Addendum in place. The CDUSM/Commander is responsible for ensuring that the district or regional BWCP complies with the policies and procedures outlined in the DOJ and USMS BWC policies and TFO interim SOP. Additionally, the CDUSM/Commander is responsible for ensuring USMS personnel, TFOs, and contractors are aware of their responsibilities to protect sensitive law enforcement capabilities, limitations, and procedures and that they understand relevant legal and policy parameters associated with the USMS BWCP, including the DOJ TFO BWC and USMS BWC policies and interim SOP. C. The Information Technology Division (ITD) is responsible for identifying, implementing, and maintaining an appropriate Video Retention/Management System (VRS) for BWCs, in coordination with BWCPO, IOD, and OGC. The AD, ITD, is responsible for the overall supervision and management of the USMSVRS, to include meeting all security requirements for the management of recorded video or metadata and identifying technical specifications. D. USMS OGC provides legal guidance to the USMS BWCPO to ensure its compliance with applicable laws, regulations, policies and procedures; reviews and processes all requests for USMS testimony or disclosures of information including, but not limited to, in state and federal courts, regarding the USMS BWCPO, to ensure, inter alia, the security of sensitive investigative techniques and USMS privileged information; reviews and processes all Freedom of Information Act (FOIA) and Privacy Act requests regarding the USMS BWCPO, indirect consultation with IOD, and/or designees; and reviews and consults with the USMS Office of Congressional and Public Affairs (OCPA) on all congressional and press inquiries relating to BWCs. Through its FOIA/Privacy Officer, OGC also assesses the potential intrusiveness associated with BWC usage on privacy and civil liberties balanced against the relevant governmental interests, and where appropriate, makes recommendations consistent with applicable privacy and civil liberty protections and follows existing procedures to review, investigate, and address privacy and civil liberties complaints. E. OCPA reviews and handles all congressional and press inquiries relating to the USMS BWCP, in coordination with BWCPO, IOD, OGC, Task Force, and District leadership, and any relevant components. The District and Division components are prohibited from responding to the press or state, local, tribal, or territorial government authorities on any aspects of the USMS BWCP without coordinating with BWCPO, OCPA, IOD, and OGC. F. To ensure BWC usage is consistent with the DOJ TFO BWC Policy, the RFTF Commander and/or District CDUSM must provide written documentation of the TFO Parent Agency review and acknowledgment of said policies and interim SOP prior to BWC utilization. TFO Parent Agency review and acknowledgment will be accomplished through the execution of an Addendum to the existing Task Force MOU by the Parent Agency and the IOD AD. V. Operational Procedures A. Use of Body Worn Cameras: 1. BWCs may only be utilized by state, local, tribal and/or territorial agency TFOs assigned to USMS task forces, and then only if required by their parent agency and subject to the DOJ TFO and USMS BWC policies and interim SOP. USMS personnel Page 1 4 This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures and contactors are not authorized to wear non-USMS issued BWC equipment. 2. Prior to the TFOs utilizing BWCs during USMS task force operations, participating Task Force agencies must have an executed Violent Offender Task Force (VOTF) or RFTF MOU, as well as the TFO BWC Addendum and the Partner Agency Checklist. If the Partner Agency fails to comply with any part of the DOJ TFO BWC policy, the MOU and Addendum, and this interim SOP, the relationship established under the MOU may be immediately terminated. 3. Unless subject to a specific exception below, TFOs employed by a law enforcement agency that mandates the use of BWCs on a USMS Task Force may wear and activate their recording equipment for the purpose of recording their actions ONLYduring: a. A planned attempt to serve an arrest warrant or other planned arrest; or b. The execution of a search or seizure warrant or order. c. If there are unanticipated interactions with the public or other exigent circumstances, such as contentious or violent interactions that could become adversarial, TFOs will, if and when it is safe and practical to do so, activate their BWC either before, during, or after a planned arrest or execution of a search or seizure warrant or order. Consistent with the USMS BWC policy for employees, if wearing their agency -issued BWC, TFOs will activate their BWCs, if and when it is safe to do so, if they encounter an individual that could lead to a spontaneous arrest. 4. TFOs must activate their BWCs upon approaching a subject or premise and must deactivate their BWCs when the scene is secured as determined by the USMS Task Force supervisor or team leader on thescene. a. For purposes of the BWC policies, interim SOP, and the MOU/Addendum, the term "secured" means that the scene is safe and under law enforcement control. • b. In the event circumstances arise requiring additional law enforcement assistance to secure the scene, the TFO will end BWC recording when relieved from the scene by another law enforcement officer. 5. TFOs are authorized to wear and activate their recording equipment in accordance with this policy anywhere they are authorized to act as a police or peace officer under state, local, territorial, or tribal law. 6. On USMS operations TFOs may use only parent agency -issued and parent agency - owned BWCs. TFOs will not be allowed to use any privately -owned recording device of any kind. 7. In the event a TFO's BWC is inoperable due to a technical problem or cannot be used due to physical damage, the TFO may participate in the operationwithout using a BWC if consistent with the parent agency policy. 8. TFOs are prohibited from intentionally recording: a. Undercover personnel; b. Confidential informants or confidential sources; c. On -scene witness interviews prior to or after the operation; d. Personnel using specialized investigative techniques or equipment; or e. Actions by any non -law enforcement persons at the scene who are assisting law enforcement personnel prior to or after the operation. 9. Even when BWC use would be permissible in the circumstances set forth in section V.A.3. above, TFOs are prohibited from activating their BWC if, as determined by the USMS, the TFO is: Page 15 a 1 I 1 I • This SOP is the properly of the USMS and may not be disseminated further without,the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures a. Using specialized or sensitive investigative techniques; b. Operating as part of a highly specialized or sensitive operation or group; c. Operating in a sensitive area; or d. Working in an undercover or covert status on behalf of the USMS Task Force or the USMS itself. 10. Subject to the discretion of the USMS, TFOs generally shall not use their BWCs to record any activities related to investigations involving: a. Public Corruption; b. Medical Facilities; c. National Security (including international and domestic terrorism investigations or cases involving classified information); or d. Other sensitive investigations as determined by the USMS. 11. To the extent the TFO BWC is activated by these specialized functions to include, but not limited to, photographic capabilities, automatic recording synched to sensors or other initiating factors, such as vehicle light bar activation, taser removal, gun removal, stealth mode activation, etc., the BWC use is only permissible in the circumstances set forth in Section V.A.3 above. 12. TFOs are prohibited from using or activating BWCs within USMS workspace. This includes any USMS-operated facility, training site, or USMS-controlledarea except as authorized by the USMS Training Division (TD) during a USMS TD sponsored training event. 13. Appendix A (refer to section XI. D) outlines additional guidance for situations that may affect a Task Force partner agency regarding the TFO (Task Force Officer) BWC (Body Worn Camera) MOU (Memorandum of Understanding) Addendum. This guidance is issued by the United States Marshals Service (USMS) Body Worn Camera Program Office (BWCPO) and USMS Office of General Counsel (OGC). Appendix A outlines the following categories: a. Review Boards/Other Public Dissemination b. State Law/ Agency Policies c. Short Term Operations B. Partner Agency Internal Controls: 1. For purposes of the DOJ TFO BWC Policy, this interim SOP, and the MOU Addendum, the term "TFO BWC recordings" refers to audio and video recordings, and associated metadata, from TFO BWCs made while the TFO is working under federal authority, including when executing state and local warrants adopted by the USMS. 2. The Partner Agency will provide and maintain at a minimum two Points of Contact (POCs), a primary and secondary, to the USMS for BWC matters. The Partner Agency will notify the USMS of any change to the POCs. 3. Access to any recording produced through TFO utilization of BWCs during USMS operations must be limited by the TFO Parent Agency to only personnel in the direct supervisory chain -of -command of the TFO or other administrative personnel necessaryto the retrieval of the BWC footage. 4. The Partner Agency will notify the USMS of any change in state or local law that will modify how TFOs must use BWCs and recordings. 5. The Partner Agency will notify the USMS prior to making any change in agency policythat will affect the MOU Addendum or the storage, transfer, or redaction of TFO BWC recordings. Page 16 This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures 6. The Partner Agency will provide specifications of the BWCs capabilities and operation to USMS personnel. 7. If applicable, the Partner Agency will restrict access to any TFO BWC GPS and/or live stream capability as required by the USMS and as determined by the local USM, CDUSM,or RFTF Commander. C. Handling of TFO BWC recordings made during USMS Task ForceOperations: 1. All TFO BWC recordings made during USMS Task Force operations, including such recordings retained by the Partner Agency and/or in the possession of any third party engaged by the Partner Agency to store or process BWC recordings, are federal records of the DOJIUSMS pursuant to the Federal Records Act and shall not be disseminated by the TFO, TFO Partner Agency, or any third party, as described in the BWC Addendum, without advanced written notification to the USMS of their intention to do so, as soon as practicable. The parties consider this to be a.limited waiver of the requirements under the Department of Justice regulations regarding records disclosure. 2. The Partner Agency will provide full, un-redacted copies -of TFO BWC recordings tothe USMS for all activations that record data of USMS task force related operations. The existence of TFO BWC recordings must be reported in the USMS authorized record keeping system. Additionally, an unredacted copy of any recording to be released by the TFO Partner Agency shall be provided to the USMS prior to said release. 3. As a federal record, the Partner Agency will restrict access to TFO BWC recordings within the Partner Agency as provided in the Agency's internal policies. The Partner Agency is authorized to use TFO BWC recordings for internal review of its personnel consistent with the Partner Agency's policies and procedures but may not disseminate the BWC recording outside the Partner Agency or for public release without advance written notification to the USMS. 4. The Partner Agency will notify the USMS immediately of any unauthorized access to TFO recordings discovered by the Partner Agency. The Partner Agency will cooperate fully with the USMS in the investigation of any unauthorized access to or disclosure of TFO BWC recordings, including providing USMS the name(s) of any Partner Agency personnel determined by the Partner Agency to be involved in unauthorized access, copying, or disclosure. 5. In all circumstances, TFO BWC recordings shall be treated as law enforcement sensitive information. The premature disclosure of these recordings could reasonably be expected to interfere with enforcement proceedings and may be potential evidence in a federal investigation subject to applicable federal laws, rules, and policy concerning disclosure or dissemination and, therefore, are deemed privileged absent appropriate redaction prior to disclosure or dissemination. Further, BWC recordings may be entirely exempt from public release or other disclosure or dissemination under applicable federal and state laws, rules, and policy. 6. If a TFO BWC recording involves a "reportable incident," as defined below, or involves another time -sensitive or urgent situation, the Partner Agency will provide the USMS access to copies on an expedited basis, including during non -business hours. For purposes of this provision, "reportable incident" means: a. Shooting incident b. Any incident which involves serious bodily injury, death, or where any enforcement action by USMS personnel or TFO resulted in the use of force or deadly force; c. Physical assault or attempted physical assault on a Law EnforcementOfficer; and d. Intentional damage to any facility, conveyance, or other property owned by the USMS. 7. The Partner Agency will provide witnesses, as needed, to authenticate TFO recordingsin Page 17 This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures 1 A. The USMS has developed a cloud -based VRS to provide technical capabilities to assist in post -operational management of content captured by TFO BWCs to meet requirements set forth within the DOJ TFO BWC Policy, as well as the USMS interim SOP. B. Technical Specifications: 1. The USMS will maintain classification of data types for appropriate record keeping management functions. Data types include, but are not limited to, Evidence, Non - Evidence, Legal, FOIA, and Records Management. litigations. 8. The Partner Agency will inform USMS of the length of time TFO BWC recordings will be retained by the agency before deletion. 9. The Partner Agency will notify USMS as soon as possible regarding any request or demand for release or disclosure of TFO BWC. recordings. In all circumstances, TFO BWC recordings can only be disseminated in accordance with the DOJ Policy on the Use of Body -Worn Cameras by Federally Deputized Task Force Officers. VI. Expedited Public Release A. Expedited Public Release: If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO's Partner Agency shall notify the USMS as early as possible if it desires to publicly release the recording(s). Following the notification, the TFO's Partner Agency may immediately release the recording(s) with any redactions as appropriate, giving as much advance notice as possible to the USMS as to the time and manner of its release. The USMS will expeditiously review the recording(s) as soon as practical. 1. The notification to the USMS shall be made to the local United States Marshal or the Regional Fugitive Task Force (RFTF) Commander which supervises the Task Force on which the TFO serves. Additionally, those personnel will notify the Assistant Director (AD) of the USMS Investigative Operations Division (IOD). The local U.S. Marshal and/or RFTF Commander and AD, IOD will provide further notifications within the USMS as appropriate. The partner agency is also requested to copy the Marshal, RFTF Commander, and the TFO-BWC@usms.doj.gov inbox on any BWC release notifications. Vil. Technical Procedures 2. TFO BWC recordings shall meet the minimum technical specifications required forfederal Information Technology (IT) compliance and USMS-VRS system interoperability. Specifications and USMS application framework will be provided in the Partner Agency Checklist. Quality, format, codec, timestamp, and external reference time will need to meet federal IT compliance requirements. 3. Critical technical elements which will impact metadata validation of TFO BWC recording organization and management include: a. Standard user -identity naming convention for accounts with a valid associated email account. b. Metadata, which shall be included by the Partner Agency prior to sharing or uploading TFO BWC recordings to the authorized USMS-VRS. Metadata tags will be required, must be validated, and will allow for additional, optional tags fromthe local. level Task Force POC; and c. The proper categorization of TFO BWC recordings to ensure proper chain of custody and safeguard against unauthorized deletion of content. TFO BWC recordings may come in varied formats and can be loaded and aligned with theTFO BWC recordings which are part of the case file related to the arrest activity. Examples of categories include video, administrative data (pictures, files, etc.), TFO notifications, and metadata entries. All video content must be associated with the USMS-related Federal Identification Number(FID). Page 1 8 This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures 4. The USMS-VRS organizational structure will be defined by the BWCPO, and AD, IOD in coordination with District/Division leadership, OGC, and ITD, for authorized levels as part of the standard govemance framework to account for operational and administrative management access/options. The structure may also include a framework in support of intemal sharing, supervisory review, reporting, content management, and group management. C. Process: 1. The PE BWCPO or their designee, will work with the Partner Agency POC to establish the ability for video collaboration with Partner Agency TFOs. 2. The Partner Agency will test video content sharing or upload capabilities and processes with validation of success from the CDUSM/Commander. The aforementioned technical specifications must be validated to ensure compliance with DOJ policy and USMS interim SOP. 3. The CDUSM/Commander will ensure the shared Zink, third party video upload notification, and instructions are sufficient for Partner Agency uploads for TFO BWC recordings through an external secure link. The CDUSM/Commander is responsible for ensuring TFOs who wear BWCs understand both the shared and upload process requirements related to coordinated delivery of Partner Agency TFO BWC recordings. Critical elements or information related to sensitive content may be required to be added if missing at the time of receipt validation or if critical to the management of TFO BWC recording records. 4. The CDUSM/Commander or assigned personnel will validate receipt of compliantvideo content in the USMS- VRS, note any internal data content anomalies as required, and track and audit content. VIII. Reporting A. Recorded Video or Metadata: 1. Collection and management of data, images, video, or metadata during the deployment of a BWC will adhere to the procedures set forth herein and in the USMS Policy Directive 8.13, Evidence 2. When a BWC is utilized during a USMS planned arrest or search warrant execution, the data, images, video, or metadata must be downloaded to the authorized USMS-VRS within seven business days. 3. The USMS shall not retain information collected using BWC that may contain personally identifiable information (PII) for more than 180 days unless the management of information is determined necessary for an authorized purpose. Authorized purposes may include, but are not limited to, law enforcement investigations and litigation. Data collected by BWC that is retained must be placed in the appropriate video retention/ management system and safeguarded in accordance with applicable federal laws, Executive Orders, directives, policies, regulations, standards, and other guidance. These authorities ensure that DOJ personnel with access to such data follow practices that are consistent with the protection of privacy and civil liberties. Use of all DOJ information systems, which may include BWC component parts, may be monitored, recorded, and subjected to audit. 4. When data, images, video, or metadata are stored in the authorized USMS-VRS, the following must be recorded: a. The information will be labeled with the subject name and FID#; b. Name ascribed to the TFO (and his/her parent agency) wearing the BWC and POC info; c. It must be reported in the USMS Mission System that BWC footage was recorded during the investigation. Page 19 This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures 5. Data, images, video, and metadata shall not be shared for any purpose (to include law enforcement sharing requests) outside the USMS without advanced written notification to the USMS BWCPO, IOD, OGC and, if and as appropriate, the Office of Public Affairs, the Training Division, and the relevant U.S. Attorney's Office. BWCPO, IOD and OGC will engage in and coordinate any expeditious review to the extent required by the DOJ BWC Policy. This is because any data, image, video recording, or metadata obtained through BWC activity is a federal record, subject to FOIA, 5 U.S.C. § 552. All requests for such information from third parties must be directed to the USMS FOIA Office. Further, information sharing relating to the use of BWC may be restricted by DOJ and USMS policies, procedures, laws and regulations governing the disclosure of federal information and records, to include the DOJ Touhy Regulations, 28 C.F.R. § 16.21 etseq. In addition, such information and records may be subject to various privileges restricting or prohibiting theirdisclosure. a. The early disclosure of data, images, video, and metadata could reasonably be expected to interfere with enforcement proceedings which may be potential evidence in a federal investigation subject to applicable federal laws, rules, policy concerning disclosure, and dissemination (including, but not limited to, 28 C.F.R. Ch. 1, Pt. 16, Subpart B ("Touhy Regulations") and therefore are deemed privileged, absent appropriate redaction prior to disclosure or dissemination. Further, BWC recordings may be entirely exempt from public release or other disclosure or dissemination under applicable federal and state laws, rules, and d policy. b. Prior to any TFO utilization of BWCs, the applicable TFO Partner Agency must providethe USMS with written documentation describing the Partner Agency's management policy of the BWC recordings, and owner/contractor who is providing BWC equipment, instruction, and data storage to the TFO Partner Agency. Please refer to the Partner Agency Checklist for further information. IX. Training A. All USMS personnel, TFOs, and contractors associated with a USMS task force must befamiliar with the DOJ TFO BWC Policy, all sections of the BWC Addendum to the VOTF/RFTF MOU, and these procedures. B. USMS personnel will be required to instruct all TFOs that utilize BWCs during USMS operations how to operate the appropriate VRS used by the USMS and log BWC use in the USMS Mission System. X. Acronyms: A. AD: Assistant Director B. BWC: Body Worn Cameras C. BWCPO: Body Worn Camera Program Office D. PE: Program Executive E. CDUSM: Chief Deputy United States Marshal F. DOJ: Department of Justice G. FID: Federal Identification number H. FOIA: Freedom of Information Act I. GMT: Greenwich Mean Time J. GPS: Global Positioning System K. IOD: Investigative Operations Division L ITD: Information Technology Division Page 110 This SOP is the property of the USMS and may not be disseminated further without the express written consent of the USMS. TFO BWC Interim Standard Operating Procedures M. MOU: Memorandum of Understanding N. NIST: National Institute of Standards and Technology O. OCPA: Office of Congressional and Public Affairs P. OGC: Office of General Counsel Q. OOT: Office of Operational Technology R. PII: Personally Identifiable Information S. POC: Point of Contact T. RFTF: Regional Fugitive Task Force U. SOP: Standard Operating Procedure V. TFO: Task Force Officer W. USM: United States Marshal X. USMS: United States Marshals Service Y. UTC: Coordinated Universal Time Z VOTF: Violent Offender Task Force AA. VRS: Video Retention/Management System XI. References: USMS Policy Directive 8.13, Evidence XII. Attachment (s): A. DOJ BWC Policy B. BWC MOU Addendum C. Partner Agency Checklist D. Appendix A XIII. Definitions: A. Body Worn Cameras (BWC): Cameras which can be attached to a police officer's uniform, equipment, or worn as a headset and used to record video and/or audio of lawenforcement encounters with the public. B. Task Force Officers (TFOs): Federal, State, Local, and Tribal Law Enforcement Officers who are specially deputized by the USMS and participate in USMS-led enforcementoperations. C. Metadata: A set of data that describes and gives information about otherdata. D. Personal Identifying Information (PII): Information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information, that is linked or linkable to a specific individual. E. Task Force Officer: A Special Deputy United States Marshal whether federal, state, local, or tribal law enforcement officer working on a USMS task force. F. Partner Agency: Used when referring to a participating task force agency as an entity in relation to the USMS G. Parent Agency: Used when referring to a participating task force agency as the agencywith which the TFO is employed. Page I 11 Body Worn Cameras Standard Operating Procedures Attachment C PARTNER AGENCY BODY WORN CAMERA CHECKLIST *This Checklist must be completed and uploaded by the USMS TF POC to allow your PA BWC footage to be shared with the USMS. Attach additional sheets if necessary.* To be filled out b USMS: Division/District (Role) Name Phone Number E-Mail Address IOD/FCRFTF Deputy Commander Pedro Alard 213-281-3248 pedro.alard@usdoj.gov ut by each Partner AQencv,`Orianization: ''I'alrtTR r t.:encv Contact Information Geographical Area Covered: /INV Program Role BVi C POC Phone k niaii Technical Lt. Carlos Padron 305-835-2000 41087@miami-police.org I Number of Partierafing TF 1 Bt\C System Information. i Answer the following questions, including any applicable citation or reference (e.g., state or1ocal ai!encv policy, vendor contract, etc.). 1. Provide information relevant to the Video and Body Worn Camera required to be used on a USMS task force operation. BWC System Information - May require organizational technical staff coordination 1 Name/model of BWC used by Partner Agency? BWC AXON AB4 (ModelAX1037) 2 Does the BWC system include a "buffer"/ "pre- record" function or a "post -record" function? If either, identify and state the length of the buffer/ pre -record and/or post -record, and whether it is audio only or both audio and video. The BWC has a buffer/pre-record of 2 minutes without audion 3 Does the system have an option to export TFO or Partner Agency recordings to a USMS provided secure web interface? Do TFOs have the ability to perform this function or is export/sharing handled by another department? Evidence.com allows us the sharing any footage wiht partner agencies 4 What are the Video Codec and Video formats used for the video content? What are the quality settings on the BWC capture device? Axon Evdence media player .3gp, .3gpp..3g2, asf, .avi, .divx , .f4v, .ft. mkv, .mov, .mpeg..mpg. ,mp4, m4v, .qe .ram, .rm..ts, .its, .vob, ,webxn, .wmv 5 Does the Partner Agency utilize facial recognition technology with BWC recordings? No. LAW ENFORCEMENT SENSITIVE (LES) United States Marshals Service — POLICY DIRECTIVES 2.11 Body Worn Cameras INTERIM POLICY DIRECTIVE* PROPONENT: Body Worn Camera Program (BWCP) PURPOSE: This directive sets forth the United States Marshals Service (USMS) policy concerning the use of Body Worn Cameras (BWC) by Deputy United States Marshals (DUSM) and USMS Specially Deputized Task Force Officers (TFO). AUTHORITY: 1. This interim policy directive is issued under the authority of the Director of the USMS pursuant to 28 U.S.C. § 561(g) and 28 C.F.R. §0.111, consistent with the Deputy Attorney General (DAG) Memorandum, Body Worn Camera Policy, issued June 7, 2021. 2. The authority of the USMS to "obey, execute, and enforce all orders of the United States District Courts" and other enumerated federal courts, and to "execute all lawful writs, process, and orders issued under the authority of the United States" is set forth in 28 U.S.C. § 566(a) and (c). See also 28 C.F.R. § 0.111(b). 3. The authority of u[e]ach United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director ... [to] make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony" is set forth in 28 U.S.C. § 566(d). 4. The authority of the USMS to "investigate such fugitive matters, both within and outside of the United States, as directed by the Attorney General" is set forth in 28 U.S.C. § 566(e)(1)(B). See also 28 C.F.R. § 0.111(a) (relating to authority to execute federal arrest, parole violator, and custodial and extradition warrants) and (q) (relating to authority to execute escaped federal prisoner, probation, parole, mandatory release, and bond default violator arrest warrants). 5. The authority to "assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children" is set forth in 28 U.S.C. § 566(e)(1)(D). 6. The authority to "provide for the security ... of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law" and to provide "assistance in the protection of Federal property and buildings" is set forth in 28 U.S.C. § 566(a) and 28 C.F.R. § 0.111(f). See also 28 U.S.C. § 566(i). 7. Authority to provide security for prisoner transfers is inherent in the "[r]eceipt, processing and transportation of prisoners held in the custody of a marshal or transported by the U.S. Marshals Service under cooperative or intergovernmental agreements" and the "[s]ustention of custody of Federal prisoners from the time of their arrest by a marshal or their remand to a marshal by the court, until the prisoner is committed by order of the court to the custody of the Attorney General for the service of sentence, otherwise released from custody by the court, or returned to the custody of the U.S. Parole Commission or the Bureau of Prison," as set forth in 28 C.F.R. § 0.111(j) and (k). 8. In executing the laws of the United States within a state, the USMS may exercise the same powers which a sheriff of the state may exercise in executing the laws of the state, as set forth in 28 U.S.C. § 564. 9. Additional authority is derived from the Attorney General's Memorandum, Policy on Fugitive Apprehension in FBI and DEA Cases (dated August 11, 1988), and the Memorandum of Understanding between the Drug Enforcement Administration and the United States Marshals Service (dated September 28, 2018, or as hereafter amended). 10. As set forth in the Presidential Threat Protection Act of 2000 (Pub. L. No. 106-544, enacted December 19, 2000) and directed by the Attorney General, the USMS is granted authority to direct and coordinate permanent Regional Fugitive Apprehension Task Forces consisting of federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives. See also 34 U.S.C. § 41503(a) ("The Attorney General shall, upon consultation with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and apprehending fugitives."). 11. In the Adam Walsh Child Protection and Safety Act of 2006 (AWA) (Pub. L. No. 109-248, enacted July 27, 2006), the authority is set forth for the Attorney General of the United States to use the USMS to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. The AWA, 34 U.S.C. § 20941(a), states that a sex offender who violates a sex offender registration requirement is deemed a fugitive within the scope of authority granted the USMS under 28 U.S.C. § 566(e)(1)(B). 12. Additional investigative authority is derived from the Attorney General's Memorandum, Implementation of National Anti -Violent Crime Initiative (dated March 1, 1994); U.S. Department of Justice (DOJ) Office of Legal Counsel Memorandum, Authority to Pursue Non -Federal Fugitives (dated February 21, 1995); and Federal Rules of Criminal Procedure 41 — Search and Seizure. CANCELLATION: This policy directive supersedes USMS Policy Directive 2.11, Body Worn Cameras *INTERIM POLICY DIRECTIVE,* dated December 16, 2021. ADMINISTRATION AND LOGISTICS: 1. Records Management: This administrative policy directive document is maintained in accordance with the approved Specific Records Schedule, DAA-0527-2013-0018-0002. APPROVED BY: /s/ Ronald L. Davis Director U.S. Marshals Service 05/17/2022 Effective Date A. Policy: 1. General: This policy directive establishes procedures for the operational use of BWCs by DUSMs and TFOs. 2. The BWCP, under the Office of the Associate Director for Administration, and the USMS Office of General Counsel (OGC) maintain program management and oversight responsibility of the USMS BWCP. 3. This policy does not apply to digital or electronic media recordings from vehicle dash cameras, non-BWC digital cameras, closed-circuit television, Unmanned Aerial Systems (UAS), telecommunications devices, or any other camera sensor device collected by the USMS now or in the future. 4. This policy is not intended to replace or alter existing DOJ or USMS policies or practices for the collection of evidence, conducting interviews, or operational security. 5. Consistent with applicable existing federal laws and requirements, including the E- Government Act of 2002 (Pub. L. No. 107-347, enacted December 17, 2002), and to ensure the protection of privacy and civil liberties, the USMS will only collect, use, retain, and disseminate information obtained from the BWC for a properly authorized purpose. B. Roles and Responsibilities: 1. BWCP Senior Management Official: The Senior Management Official, BWCP, is responsible for managing and overseeing the USMS BWCP as well as implementing BWC directives. 2. United States Marshals (USM), Chief Deputy United States Marshals (CDUSM), and Regional Fugitive Task Force (RFTF) Commanders: USMs and CDUSMs are responsible for the overall supervision and management of any BWCP within their district. In those areas where there is an Investigative Operations Division (IOD) RFTF, the Commander is responsible for the overall supervision and management of the BWCP for the RFTF. Division/district components are prohibited from responding to the press, state, local, tribal, or territorial government authorities, or third parties on any aspects of the USMS BWCP without first coordinating pursuant to paragraph 5 below. 3. USMS Information Technology Division (ITD): ITD is responsible for identifying, implementing, and maintaining an appropriate Video Retention/Management System (VRS) for BWCs, in coordination with the BWCP and OGC. The Assistant Director (AD), ITD, is responsible for the overall supervision and management of the USMS VRS, to include meeting all security and lifecycle requirements for the management of recorded video or metadata and identifying technical specifications. 4. USMS Office of General Counsel (OGC): a. OGC provides legal guidance to the USMS BWCP to ensure its compliance with applicable federal laws, regulations, policies and procedures; reviews and processes all requests for USMS testimony or disclosures of information including, but not limited to, in state and federal courts, regarding the USMS BWCP, to ensure, inter alia, the security of sensitive investigative techniques and USMS privileged information; reviews and processes all Freedom of Information Act (FOIA) and Privacy Act requests regarding the USMS BWCP, in direct consultation with the BWCP and other affected components; reviews and processes all requests for BWC recordings from parties to litigation, in consultation with the BWCP and/or designees; reviews and consults with the USMS Office of Congressional and Public Affairs (OCPA) on all congressional USMS Policy Directive 2.11, Body Worn Cameras (Interim Policy Directive) Page 1 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) and press inquiries relating to BWCs; and provides such other legal guidance, consultation, and oversight as is necessary to facilitate the BWCP's directive. b. Through its Senior Component Official for Privacy (SCOP), OGC also assesses the potential intrusiveness associated with BWC usage on privacy and civil liberties as balanced against the relevant governmental interests. The SCOP will complete a review of the BWCP at least annually, complete relevant privacy documentation as required by the Office of Privacy and Civil Liberties (OPCL). (such as, the Initial Privacy Assessment and Privacy Impact Assessment), and will ensure all privacy compliance documentation is updated as necessary. c. The USMS will follow existing procedures to review, investigate, and address privacy and civil liberties complaints regarding the BWCP. 5. USMS Office of Congressional and Public Affairs (OCPA): OCPA reviews and handles all congressional and press inquiries relating to the USMS BWCP, in coordination with the BWCP, OGC, division/district leadership, and any other affected components. Division/district components are prohibited from responding to the press, state, local, tribal, or territorial government authorities, or third parties on any aspects of the USMS BWCP without first coordinating with the BWCP, OCPA, and OGC. 6. USMS Office of Professional Responsibility — Internal Affairs (OPR-IA): OPR-IA is responsible for ensuring all complaints of misconduct are processed in compliance with DOJ and USMS policy and procedures. OPR-IA may review BWC recordings to investigate a specific act of conduct alleged in a complaint of misconduct. 7. USMS OPR — Force Review Branch (OPR-FRB): OPR-FRB is responsible for ensuring that all use of force incidents are thoroughly, objectively, and independently examined, without prejudice, bias, or favor. 8. USMS Training Division (TD): a. TD is responsible for providing oversight and guidance on the development, maintenance, and delivery of the training curriculum relating to the BWCP. The curriculum may include, but is not limited to, the operation of the BWC equipment, activation and deactivation parameters, procedures for uploading BWC recordings to USMS system(s), policy considerations, procedural applications, and other lesson plans (e.g., use of force, legal authorities, first/third party considerations, operational planning, human performance, etc.). b. TD will ensure that BWC training curriculum aligns with other USMS training directives and guidance from other program areas, where applicable. C. Procedures: 1. DUSM Operational Procedures: a. Unless subject to specific exceptions set forth herein, DUSMs are required to wear and activate their BWC in accordance with this policy. b. DUSMs must wear and activate their BWC for the purpose of recording their actions during: 1) A planned attempt to serve an arrest warrant or other planned arrest, including the apprehension of fugitives sought on state and local warrants within the United States and its territories; 2) The execution of a search or seizure warrant or order; USMS Policy Directive 2.11, Body Wom Cameras (Interim Policy Directive) Page 2 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) 3) If wearing a USMS-issued BWC while engaged in investigative activities other than identified in C.1.b.1). and 2)., above, DUSMs will activate their BWCs, if and when it is safe to do so, if they encounter an individual or other exigent circumstances occur that could lead to an adversarial contact or spontaneous arrest; or, 4) Other missions as authorized by the USMS Director or his/her designee. c. In activating during situations identified in C.1.b, DUSMs must activate their BWCs upon approaching a subject or premises and will deactivate their BWCs when the scene is secured, as determined by the USMS supervisor or team leader on the scene. 1) In fulfilling the above activation requirements, DUSMs shall activate their BWC as soon as practical and when doing so does not compromise the safety of law enforcement personnel or other persons. 2) The term "secured" means that the scene, which may include the transport vehicle or craft, is safe, there is no immediate threat on the scene, and the scene is under law enforcement control, as determined by the USMS supervisor or team leader on scene. 3) In the event circumstances arise requiring additional law enforcement assistance to secure the scene, DUSMs will end BWC recordings when relieved from the scene by another law enforcement officer. 4) For the execution of a search warrant, BWCs should not be activated nor remain activated for searches of property lawfully in government custody or control, or a search to obtain digital or electronic records executed by a third party, such as an electronic service provider or custodian of electronic records, after the scene is secured. 5) If BWCs are deactivated due to a scene being declared secure and an exigent situation arises, the DUSMs will reactivate their BWCs as soon as it is safe and practical to do so. d. To the extent state law requires prior notice of recording, DUSMs will comply with the USMS BWC Standard Operating Procedures (SOP). e. DUSMs shall affix their BWC to allow for an unobstructed field of view at least as broad as the DUSM's vision and be worn in a manner that maximizes the camera's ability to capture video footage of the DUSM's activities. DUSMs are prohibited from using their BWCs as an "off the body" surveillance tool (i.e., holding the BWC with hands to record activities). f. When powered on, BWCs continuously record in thirty second (00:00:30) loop increments. Once activated, BWCs shall include the buffering period of thirty seconds (00:00:30) with no audio. g. DUSMs shall properly document all use of BWCs (to include instances of failure and inoperability) in USMS systems and investigatory reports. h. Except when specifically authorized by an AD after consultation with OGC, DUSMs are prohibited from recording: 1) Undercover or covert personnel and locations; 2) Confidential informants or confidential sources; USMS Policy Directive 2.11, Body Wom Cameras (Interim Policy Directive) Page 3 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) 3) On -scene witness interviews prior to or after the operation; or 5) Actions by any non -law enforcement persons at the scene who are assisting law enforcement personnel prior to or after the operation. BWCs are not authorized for use outside of the territorial jurisdiction of the United States (i.e., Foreign Field Offices). j. BWCs shall not be used solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution and laws of the United States. k. DUSMs are prohibited from using or activating BWCs within USMS workspace. This includes any USMS-operated facilities, USMS-controlled spaces, and training sites. However, DUSMs may activate their BWCs: 1) In an approved BWC training environment; 2) To conduct a function test; or 3) In emergency or exigent circumstances, or other operation meeting the requirements of C.1.b. DUSMs are prohibited from activating their BWCs to surreptitiously record conversations between USMS employees in accordance with USMS Policy Directive 1.7, Code of Professional Responsibility. m. DUSMs may review their own BWC recordings prior to preparing reports or making statements about recorded incidents. In certain circumstances, such as critical incidents including but not limited to an Officer Involved Shooting (OIS) or other use of force resulting in death, DUSMs shall not review BWC recordings absent written justification and receiving permission from the appropriate approving authority, as further identified in the USMS BWC SOP. In preparing a report, authors should notate, consistent with the USMS BWC SOP, whether they reviewed their BWC recording before preparation of the report. n. DUSMs who use a BWC for purposes other than those authorized in this policy directive may be subject to administrative or disciplinary action. 2. DUSM Technical Procedures: a. DUSMs are only authorized to use BWCs, component parts, and software issued or otherwise authorized by the USMS. All BWC equipment, data, images, video, and recordings are the sole property of the USMS. b. DUSMs are prohibited from using non-USMS owned or authorized recording devices (e.g., personal digital cameras, smartphone cameras, audio -recording devices, etc.) for documenting law enforcement activities, including the documentation of evidence. c. DUSMs will be required to check that their assigned BWC is fully charged and conduct a functions test to ensure that the BWC is operational prior to the start of their on -duty status. d. DUSMs are responsible for securing, storing, and maintaining assigned BWC equipment. DUSMs will utilize BWC equipment with reasonable care to ensure proper functioning. DUSMs shall notify their supervisor of equipment defects or USMS Policy Directive 2.11, Body Worn Cameras (Interim Policy Directive) Page 4 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) • malfunctions as soon as practicable so that the BWC may be repaired or have a replacement unit issued if necessary. e. BWCs are classified as accountable property and must be inventoried, accounted for, and hand receipted. DUSMs shall store and secure their assigned BWC equipment in accordance with USMS Policy Directive 7.1, Management. of Personal Property, and the USMS BWC SOP. f. Any accountable BWC equipment that is lost and/or later recovered must be reported immediately consistent with USMS Policy Directive 7.1.1, Lost Property. g. DUSMs shall not edit, alter, erase, duplicate, copy, share, display, tamper with, or otherwise distribute in any manner BWC recordings except as authorized within the USMS BWC SOP. h. All BWC recordings, including recordings in the possession of any third party engaged by the USMS to store or process BWC recordings, shall be deemed federal records of the DOJ/USMS pursuant to the Federal Records Act of 1950 and the Presidential and Federal Records Act Amendments of 2014 (Pub. L. No. 113-187, enacted November 26, 2014), meaning such records are controlled by, and the property of, DOJ/USMS and cannot be disseminated without appropriate approval, as set forth in the USMS BWC SOP. All BWC recordings shall be treated as law enforcement sensitive, the premature disclosure of which could reasonably be expected to interfere with law enforcement proceedings. BWC recordings may also be potential evidence in an ongoing investigation subject to applicable federal laws, rules, and policy concerning any disclosure or dissemination. Therefore, all BWC recordings are deemed privileged under applicable DOJ and USMS rules, regulations, policies, and procedures and relevant case law, absent appropriate redaction prior to disclosure or dissemination. k. If a BWC. recording captures the operation of sensitive investigative or operational techniques or equipment including UAS/technology and tactical communication methods, the BWCP and OGC will ensure that footage is redacted from the recording as law enforcement sensitive and law enforcement privileged information and/or as otherwise permitted pursuant to federal or state law. 3. Collection, Retention, and Management of BWC Recordings: a. The USMS has developed a cloud -based VRS to provide technical capabilities to assist in management of content captured by BWCs to meet requirements set forth within the DAG Memorandum. 1) The USMS will maintain classification of data types for appropriate record keeping management functions. 2) The USMS VRS organizational structure will be defined by the Senior Management Official, BWCP, in coordination with division/district leadership, OGC, OPR, ITD, and OCPA if necessary, for authorized levels as part of the standard governance framework to account for operational and administrative management access/options. The structure may also include a framework in support of internal or USMS Policy Directive 2.11, Body Wom Cameras (Interim Policy Directive) Page 5 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) authorized sharing, supervisory review, reporting, content management, and group management. b. DUSMs shall upload BWC recordings into the authorized VRS in accordance with the schedule set forth in the SOP. Any approved deviation from the established schedule shall be appropriately documented. c. The USMS will publicly release all requested BWC recording(s) that depict an incident resulting in the serious bodily injury or death of another, unless there exist specific and compelling grounds to justify withholding, which cannot be resolved by redaction, partial withholding, or other means. Such BWC recording(s) may only be withheld upon written approval by the USMS Director. d. There is a presumption that the USMS will review, redact, and release all requested BWC recording(s) that depict an incident resulting in the serious bodily injury or death of another as soon as practical. Procedures shall be in place for the expedited release of BWC footage. If the USMS determines that exigent circumstances, including the need to maintain public safety or preserve the peace, necessitate accelerating the release timeline the USMS will devote all necessary resources to review, redact, and publicly release the BWC recording(s) at the earliest possible time. e. Collection and management of data, images, video, or metadata during the deployment of a BWC will adhere to the procedures set forth herein and USMS Policy Directive 8.13, Evidence, where applicable. f. In accordance with the DOJ Policy on transitory records (see DOJ Policy Statement 0801.04, Electronic Mail and Electronic Messaging Records Retention, dated December 11, 2019), the USMS shall not retain information collected using BWCs that may contain personally identifiable information for more than 180 days unless the retention of information is determined necessary for an authorized purpose and is maintained in a DOJ-identified records repository. Authorized purposes may include, but are not limited to, law enforcement investigations, litigation, and training. Data collected by BWC that is retained must be placed in the appropriate VRS and safeguarded in accordance with applicable federal laws, Executive Orders, directives, policies, regulations, standards, and other guidance. These authorities ensure that USMS personnel with access to such data follow practices that are consistent with the protection of privacy and civil liberties. h. The USMS' retention and dissemination policies will comply with the Federal Records Act as amended, Freedom of Information Act (5 U.S.C. § 552), and/or the Privacy Act of 1974 (Pub. L. No 93-579, enacted December 31, 1974), and other relevant legal authority. USMS personnel will abide by the applicable records retention schedules for records generated by the USMS through the use of BWCs. g. j• Use of all DOJ information technology systems, which may include BWC component parts, may be monitored, recorded, and subjected to audit. Data, images, video, and metadata shall not be shared for any purpose (to include law enforcement sharing requests) outside the USMS without permission from the appropriate USMS Division(s). Any data, image, video recording, or metadata obtained through BWC activity is a federal record, subject to federal records laws including the FOIA, 5 U.S.C. § 552. USMS Policy Directive 2.11, Body Wom Cameras (Interim Policy Directive) Page 6 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) 4. Training: a. DUSMs who are assigned BWCs must complete a USMS-approved training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure proper use and operation, and to incorporate any changes, updates, or other revisions in policy and equipment. D. Use of BWCs by Specially Deputized TFOs: 1. The provisions of this policy apply to TFOs whose federal, state, local, tribal, and territorial law enforcement agency participates on a USMS task force, has executed a Memorandum of Understanding (MOU) and MOU Addendum with the USMS, and has completed USMS BWC onboarding training. 2. TFOs are authorized to wear and activate their BWCs in accordance with this policy in any jurisdiction in which they are authorized to act as a police or peace officer under federal, state, local, tribal, or territorial law. 3. TFOs issued BWCs by their parent agency for use during task force operations must wear and activate their BWC for the purpose of recording their actions during: a. A planned attempt to serve an arrest warrant or other planned arrest, including the apprehension of fugitives sought on state and local warrants within the United States and its territories; or b. The execution of a search or seizure warrant or order. 4. If wearing BWCs issued by their parent agency, TFOs will activate their BWCs, when it is safe to do so, if they encounter an individual or other exigent circumstances that could lead to an adversarial contact or spontaneous arrest. 5. In activating during situations identified in D.3, TFOs must activate their BWCs upon approaching a subject or premises and will deactivate their BWCs when the scene is secured, as determined by the USMS supervisor or team leader on the scene. a. In fulfilling the above activation requirements, TFOs shall activate their BWC as soon as practical and when doing so does not compromise the safety of law enforcement personnel or other persons. b. The term "secured" means that the scene, which may include the transport vehicle or craft, is safe, there is no immediate threat on the scene, and the scene is under law enforcement control, as determined by the USMS supervisor or team leader on scene. c. In the event circumstances arise requiring additional law enforcement assistance to secure the scene, TFOs will end BWC recordings when relieved from the scene by another law enforcement officer. d. For the execution of a search warrant, BWCs should not be activated nor remain activated for searches of property lawfully in government custody or control, or a search to obtain digital or electronic records executed by a third party, such as an electronic service provider or custodian of electronic records, after the scene is secured. e. if BWCs are deactivated due to a scene being declared secure and an exigent situation arises, the TFOs will reactivate their BWCs as soon as safe and practical to do so. USMS Policy Directive 2.11, Body Wom Cameras (Interim Policy Directive) Page 7 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) 6. To the extent state law requires prior notice of recording, TFOs will comply with the USMS BWC SOP. 7. TFOs shall affix their BWC to allow for an unobstructed field of view at least as broad as the TFO's vision and be worn in a manner that maximizes the camera's ability to capture video footage of the TFO's activities. TFOs are prohibited from using their BWCs as an "off the body" surveillance tool (Le., holding the BWC with hands to record activities). 8. When powered on, the TFO BWC will be subject to the buffering period compliant with their parent agency BWC policy. 9. TFOs shall properly document all use of BWCs (to include instances of failure and 1 inoperability) in USMS systems and investigatory reports. 10. Except when specifically authorized by an AD after consultation with OGC, TFOs are prohibited from recording: a. Undercover or covert personnel and locations; b. Confidential informants or confidential sources; c. On -scene witness interviews prior to or after the operation; or d. Actions by any non -law enforcement persons at the scene who are assisting law enforcement personnel prior to or after the operation. 11. TFOs are not authorized to use their parent agency BWCs for any USMS operations outside of the territorial jurisdiction of the United States (i.e., Foreign Field Offices). 12. While engaged in USMS operations, TFO BWCs shall not be used solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution and laws of the United States. 13. TFOs are prohibited from using or activating BWCs within USMS workspace. This includes any USMS-operated facilities, USMS-controlled spaces, and training sites. However, TFOs may activate their BWCs: a. In an approved BWC training environment; b. To conduct a function test; or c. In emergency or exigent circumstances, or other operation meeting the requirements of D.3. 14. TFOs are prohibited from activating their BWCs to surreptitiously record conversations of USMS employees and TFOs. 15. TFOs' review of their own BWC recordings prior to preparing reports or making statements about recorded events relating to USMS operations must be consistent with their parent agency policy. In preparing a report in a USMS mission system, authors should notate, consistent with the USMS BWC SOP, whether they reviewed their BWC recording before preparation. 16. All copies of TFO BWC recordings shared to the USMS VRS made during federal task force operations shall be deemed federal records of the DOJ/USMS pursuant to the Federal Records Act of 1950 and the Presidential and Federal Records Act Amendments of 2014 (Pub. L. No. 113-187, enacted November 26, 2014), and subject to FOIA, 5 U.S.C. § 552. These copies shall be treated as law enforcement sensitive, the premature USMS Policy Directive 2.11, Body Worn Cameras (Interim Policy Directive) Effective Date: 05/17/2022 (Updated Date: 08/22/2022) Page 8 of 11 disclosure of which could reasonably be expected to interfere with law enforcement proceedings. BWC recordings may also be potential evidence in an ongoing investigation subject to applicable federal laws, rules, and policy concerning any disclosure or dissemination. BWC recordings from USMS operations are privileged under applicable DOJ and USMS rules, regulations, policies, and procedures and relevant case law, absent appropriate redaction prior to disclosure or dissemination. All requests for TFO BWC recordings that TFOs receive from third parties should be directed to the USMS FOIA Office within the USMS OGC. Partner agencies are not to release TFO BWC footage without advanced written notification to the USMS. Information sharing relating to the use of BWC may be restricted by DOJ and USMS policies, procedures, laws, and regulations governing the disclosure of federal information and records, to include the DOJ Touhy Regulations, 28 C.F.R. § 16.21 et seq. 17. All TFO BWC recordings made during federal task force operations will be provided to the USMS in a timely manner and in accordance with standard operating procedures. When public release is requested, consistent with C.3.d, the USMS will work with partner agencies to expedite the release of BWC recordings depicting conduct resulting in serious bodily injury or death of another consistent with USMS policies and subject to any redactions as appropriate. If a TFO parent agency plans to release TFO BWC recording(s) from a BWC issued by the parent agency that depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO's parent agency shall notify the USMS in writing, providing as much advance notice as possible as to the time and manner of its release. Following the notification, the TFO's parent agency may release such recording(s), subject to any redactions as appropriate. The dissemination of any other TFO BWC recordings shall be in compliance with the USMS TFO BWC MOU Addendum signed with the TFO's parent agency. E. Definitions: 1 Body Worn Cameras (BWC): Cameras which can be attached to a person and used to record video and/or audio of law enforcement encounters with the public. 2. BWC Recording: Audio and video recordings and associated metadata from specifically designated USMS operational employees and TFOs recorded on USMS or parent agency -owned BWCs while the DUSM or TFO is engaged in the specific USMS law enforcement operations identified herein to include the investigation of fugitives sought on state and local warrants adopted by the USMS. 3. Deputy United States Marshal (DUSM): Any USMS employee assigned to the 0082 or 1811 job series. 4. Metadata: A set of data that describes and gives information about other data. 5. Parent Agency: Used when referring to a participating task force agency as the agency with which the TFO is employed. 6. Partner Agency: Used when referring to a participating task force agency as an entity in relation to the USMS. 7. Personal Identifying Information (PII): Information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information, that is linked or linkable to a specific individual. 8. Tag Video(s): A mechanism to identify and label uploaded videos with metadata, such as ID, title, and retention category. USMS Policy Directive 2.11, Body Worn Cameras (Interim Policy Directive) Page 9 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) 9. Task Force Officers (TFO): Federal, State, Local, and Tribal Law Enforcement Officers who are specially deputized by the USMS and participate in USMS-Ied enforcement operations. 10. Video Retention System (VRS): An electronic platform to store audio and video recordings. F. References: 1. First Amendment (U.S. Constitution. Amendment!), 2. Fourth Amendment (U.S. Constitution, Amendment IV) 3. 18 U.S.C. § 2246 4. 28 U.S.C. § 564 5. 28 U.S.C. § 566 6. 34 U.S.C. § 20941(a) 7. 34 U.S.C. § 41503(a) 8. 28 C.F.R. § 0.111 9. 28 C.F.R. § 16.21 et seq.. 10. Attorney General's Memorandum, Policy on Fugitive Apprehension in FBI and DEA Cases (dated August 11, 1988) 11. Memorandum of Understanding between the Drug Enforcement Administration and the United States Marshals Service (dated September 28, 2018, or as hereafter amended) 12. Attorney General's Memorandum, Implementation of National Anti -Violent Crime Initiative (dated March 1, 1994) 13. DOJ Office of Legal Counsel Memorandum, Authority to Pursue Non -Federal Fugitives (February 21, 1995) 14. DOJ Touhy Regulations, 28 C.F.R. § 16.21 et seq. 15. Presidential Threat Protection Act of 2000 (Pub. L. No. 106-544, enacted December 19, 2000) 16. Adam Walsh Child Protection and Safety Act of 2006 (AWA) (Pub. L. No. 109-248, enacted July 27, 2006) 17. E-Government Act of 2002 (Pub. L. No. 107-347, enacted December 17, 2002) 18. Federal Records Act of 1950 and the Presidential and Federal Records Act Amendments of 2014 (Pub. L. No. 113-187, enacted November 26, 2014) 19. Freedom of Information Act, 5 U.S.C. § 552 20. Privacy Act of 1974 (Pub. L. No 93-579, enacted December 31, 1974) 21. Federal Rules of Criminal Procedure 41 — Search and Seizure USMS Policy Directive 2.11, Body Worn Cameras (interim Policy Directive) Page 10 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) 22. DOJ Policy Statement 0801.04, Electronic Mail and Electronic Messaging Records Retention, dated December 11, 2019 23. USMS Policy Directive 1.7, Code of Professional Responsibility 24. USMS Policy Directive 2.8, Field Operational Reports 25. USMS Policy Directive 7.1, Management of Personal Property 26. USMS Policy Directive 7.1.1, Lost Property 27. USMS Policy Directive 8.13, Evidence 28. USMS Policy Directive 17.6.3, Document Security 29. Interim DUSM Body Worn Camera Standard Operating Procedures, dated October 2021 USMS Policy Directive 2.11, Body Worn Cameras (Interim Policy Directive) Page 11 of 11 Effective Date: 05/17/2022 (Updated Date: 08/22/2022) Addendum to Fugitive Task Force Memorandum of Understanding RE: Body -Worn Camera Use by Task Force Officers This Addendum supplements the current Memorandum of Understanding (MOU) between the United States Marshals Service (USMS) and the City of Miami Police Department (Hereinafter referred to as "Partner Agency" or "TFO parent agency') Pursuant to the "U.S. Marshals — Body Worn Camera Interim Policy," dated May 17, 2022, and any successor USMS Body Worn Camera Policy Directive (hereinafter referred to as "USMS Policy"), the above -named Partner Agency has advised the USMS that it will require its Specially Deputized Task Force Officers (TFO) assigned to the USMS Task Force to use body worn cameras (BWCs). This Addendum governs that use. The parties hereby agree to the following: The Partner Agency and their TFOs will be advised of and adhere to the USMS Policy, USMS's Standard Operating Procedures for Body -Worn Camera Program for Task Force Officers, and other applicable federal and USMS policies, procedures, regulations, and laws. II. The Partner Agency confirms that within thirty (30) days of execution of this agreement, it will complete the Partner Agency BWC Checklist and provide to the USMS details regarding the BWC system and cameras, including the details of any system protections, and any state or local policies or laws applicable to the TFOs' use of BWCs, including any retention policies, and training and access procedures. III. TFOs will follow the provisions set forth in this agreement for use of BWCs. Absent an express conflict with state law or partner agency policy, the provisions in this agreement control TFO use of parent -agency issued BWCs on USMS task force operations. IV. Use of BWCs During USMS Task Force Operations: A. TFOs may use only Partner Agency -issued and Partner Agency -owned BWCs. B. TFOs will be allowed to wear and activate their BWCs for the purposes of recording their actions during USMS Task Force operations only during: 1. A planned attempt to serve an arrest warrant or other planned arrest; or, 2. The execution of a search warrant. Page 1 of 6 LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION Updated 03/08/2024 a. For the execution of a search warrant, BWCs should not be used for searches of property lawfully in government custody or control, or a search to obtain digital or electronic records executed by a third party, such as an electronic service provider or custodian of electronic records. C. TFOs are authorized to activate their BWCs upon approaching a subject or premises and must deactivate their BWCs when the scene is secured as determined by the USMS Task Force Supervisor or Team Leader on the scene. 1. For purposes of this agreement, the term "secured" means the scene is safe and under law enforcement control. 2. In the event circumstances arise requiring additional law enforcement assistance to secure the scene, the TFO will end BWC recording when relieved from the scene by another law enforcement officer. D. Unless parent agency BWC policy and/or state law conflicts, TFOs are authorized to wear and activate recording equipment, in accordance with USMS Policy, anywhere they are authorized to operate under the scope of their USMS TFO deputization (to include on enforcement actions crossing jurisdictional boundaries). Where parent agency BWC policy and/or state law conflicts with the USMS activation and deactivation parameters, TFO's will follow the provisions in Appendix A that identify how to properly mark sections of a recording to ensure that the USMS task force operation captured on footage is easily identifiable. This will prevent the ingestion of non -task force related footage into the USMS video retention solution and allow USMS to promptly respond to requests for BWC footage. E. In the event a TFOs' BWC is not working or is inoperable due to a technical problem or cannot be used due to physical damage, the TFO may participate in the operation without using a BWC if that continued participation is consistent with the Partner Agency policy. F. Even when BWC use would be permissible in the circumstances set forth in Section IV, subsection B, above, TFOs are prohibited from recording: 1. Undercover or covert personnel and locations; 2. Confidential informants or confidential sources; 3. On -scene witness interviews prior to or after the operation; or 4. Actions by any non -law enforcement persons at the scene who are assisting law enforcement personnel prior to or after the operation. G. Even when BWC use would be permissible in the circumstances set forth above in Section IV, subsection B, TFOs are prohibited from activating their BWC if, as determined by the USMS, the TFO is: Page 2of6 LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION Updated 03/08/2024 1. Using specialized or sensitive investigative techniques; 2. Operating as part of a highly specialized or sensitive operation or group; 3. Operating in a sensitive area; or 4. Working in an undercover or covert status on behalf of the USMS Task Force or the USMS itself H. Even when BWC use would be permissible in the circumstances set forth above in Section IV, subsection B, subject to the discretion of the USMS, TFOs generally shall not use BWCs to record any activities, related to investigations involving: 1. Public Corruption; 2. Medical Facilities; 3. National Security (including international and domestic terrorism investigations or cases involving classified information); or 4. Other sensitive investigations as determined by the USMS. V. Partner Agency Internal Controls: A. For purposes of this agreement, the term "TFO BWC recordings" refers to audio and video recording(s), and associated metadata, from TFO BWCs made while the TFO is working under federal authority, including when executing state and local warrants adopted by the USMS. B. The Partner Agency will provide and maintain central points -of -contact (POC), at a minimum two POCs, a primary and secondary, for the USMS on BWC matters. The Partner Agency will notify the USMS of any change to the POCs. C. The Partner Agency will notify the USMS of any change in state or local law or policy that will modify how TFOs must use BWCs and handle recordings. D. The Partner Agency will notify the USMS prior to making any change in agency policy that will affect the MOU Addendum or the storage, transfer, or redaction of TFO BWC recordings. E. The Partner Agency will provide specifications to USMS personnel on the BWC capabilities and operation. F. If applicable, the Partner Agency will restrict access to any TFO BWC GPS and/or livestream capability as required by the USMS. VI. Handling of TFO BWC Recordings Made During USMS Task Force Operations: A. After a Task Force Operation, the TFO will upload any BWC footage into the Partner Agency's video retention system (VRS) and share a copy of that footage with the USMS. All copies of TFO BWC recordings made during federal Task Force Operations and shared with the USMS via the USMS VRS shall be deemed Page 3 of 6 LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION Updated 03/08/2024 federal records of the DOJ/USMS pursuant to the Presidential and Federal Records Act Amendments of 2014 (Pub. L. No. 113-187, enacted November 26, 2014), and subject to federal disclosure rules and regulations, including the Freedom of Information Act (FOIA, 5 U.S.C. § 552) and Privacy Act of 1974. The original footage that remains in the custody of the Partner Agency shall not be disseminated by the TFO or TFO Partner Agency without advance written notification to the USMS of the intention to do so as soon as practicable. B. The Partner Agency will provide full, unredacted, duplicate copies of TFO BWC recordings to the USMS for all activations that record data of USMS Task Force- related Operations. The existence of TFO BWC recordings relating to a USMS Task Force Operation must be recorded in the USMS authorized record system. Additionally, an unredacted copy of any recording to be released by the TFO Partner Agency shall be provided to the USMS prior to said release. C. The Partner Agency is authorized to use the original TFO BWC recordings for internal review of its personnel consistent with the Partner Agency's policies and procedures but may not disseminate the BWC recording outside the Partner Agency or publicly release the footage without advance written notification to the USMS. The Partner Agency's original TFO BWC recording is subject to the relevant state open records laws and state retention requirements. D. The Partner Agency will notify the USMS immediately of any unauthorized access to TFO BWC recordings discovered by the Partner Agency. The Partner Agency will cooperate fully with the USMS in the investigation of any unauthorized access to or disclosure of TFO BWC recordings, including providing the USMS with the name(s) of any Partner Agency personnel determined by the Partner Agency to be involved in unauthorized access, copying, or disclosure. E. In all circumstances, TFO BWC recordings shall be treated as law enforcement sensitive information. The premature disclosure of these recordings could reasonably be expected to interfere with enforcement proceedings. TFO BWC recordings may be potential evidence in a federal investigation subject to applicable federal laws, rules, and policy concerning disclosure or dissemination and therefore are deemed privileged, absent appropriate redaction prior to disclosure or dissemination. Further, BWC recordings may be entirely exempt from public release or other disclosure or dissemination under applicable federal and state laws, rules, and policy. F. If a TFO BWC recording involves a "reportable incident," as deemed below, or involves a time -sensitive or urgent situation, the Partner Agency will provide the USMS access to copies on an expedited basis, including during non -business hours. 1. For purposes of this provision, "reportable incident" means: Page 4 of 6 LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION Updated 03/08/2024 a. shooting incident; b. any incident which involves serious bodily injury, death, or where any enforcement action by USMS personnel resulted in the use of force or deadly force; c. physical assault or attempted physical assault on a Law Enforcement Officer; and d. intentional damage to any facility, conveyance, or other property owned by USMS. G. The Partner Agency will provide witnesses, as needed, to authenticate TFO recordings in litigation. H. The Partner Agency will inform the USMS of the length of time TFO BWC recordings will be retained by the Partner Agency before deletion. I. The Partner Agency will notify the USMS in writing as soon as possible regarding any request or demand for release or disclosure of TFO BWC recordings. In all circumstances, TFO BWC recordings may only be disseminated in accordance with the requirements contained within this MOU addendum. J. Expedited Public Release: If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFOs' Partner Agency shall notify the USMS as early as possible if it desires to publicly release the recording(s). Following the notification, the TFO 's Partner Agency may immediately release the recording(s) with any redactions as appropriate, giving as much advance notice as possible to the USMS as to the time and manner of its release. The USMS will expeditiously review the recording(s) as soon as practical. 1. The notification to the USMS shall be made to the local United States Marshal or the Regional Fugitive Task Force (RFTF) Commander which supervises the Task Force on which the TFO serves. Additionally, those personnel will notify the Assistant Director (AD) of the USMS Investigative Operations Division (IOD). The local U.S. Marshal and/or RFTF Commander and AD, IOD will provide further notifications within the USMS as appropriate. K. An USMS enforcement action or incident may require additional support from law enforcement officers with the Partner Agency. In the event those assisting law enforcement officers have BWCs, any captured video from those cameras will be made available by the Partner Agency to the USMS upon request. VII. The USMS will ensure that all USMS Task Force partner agencies are informed of Page 5 of 6 LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION Updated 03/08/2024 which other partner agencies, if any, mandate BWC use by their respective TFOs and are authorized to have their TFOs wear BWCs on the USMS Task Force. VIII. if the Partner Agency fails to comply with any part of this Addendum, the relationship established under the Task Force Memorandum of Understanding may be immediately terminated. *Digital signatures are preferred* PARTNER AGENCY; Name: City of Miami Police Department Phone: 305-579-6111 Location (City and State): Miami, FL PARTNER AGENCY REPRESENTATIVE; Print Nam and Title: Manuel A. Morales Chief Signature: < �!— e: t b I? J t y RFTF COMMAND ERIW HERE APPLICABLE); Print Name and Title: FCRFTF Brown, Delvin (USMS) Signature: Date: ADDITIONAL SIGNATURE 'OTHER EXTERNAL RETRESENTATIVE, — OPTIONAL; Print Name and Title: [AgencyPOC21 [AgencyPOC2Title] Signature: Date: ADDITIONAL SIGNATURE (OTHER EXTERNAL REPRESENTATIVE) — OPTIONAL; Print Name and Title: Signature: Date: UNITED STATES _MARSHAL; Print Name and Title: Gadyaces Serralta District: s Signature: a Date: /a / / S /c 2 y Note: Signed Addendum MUST be submitted to the Investigative Operations Division with other required documentation to obtain authorization for participation in the TFO BWC Program prior to TFOs deploying with BWCs on USMS operations. The executed Addendum should be retained locally with the executed USMS Fugitive Task Force MOU. Page 6 of 6 LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION Updated 03108, 2024 U.S. Marshals Service • Body Worn Camera Program CITY OF MIAMI, a Florida Municipal Corporation By: Arthur Noriega `V; City Manager Attest: Date: /)/L)i.1 � Date: a . Hann. C t ' erk Approved as to Form and Correctness: By: - George K. Wysong, III, City Attorney Wr- (JCP / 24-2778 - USMS - Body Worn Camera Interim Policy) Approved as to Insurance Requirements: Date: 11/25/2024 By: Date: 10/04/24 Ann -Marie Sharpe, Director of Risk Management Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request.