The URL can be used to link to this page

Home My WebLink AboutC2010-123 - 4/20/2010 - ApprovedMEIVIURAa~DGM GF UNDERSTA~'VDING - DISTRICT FUGITIVE TASK FDRCE GULF COAST VIaLENT QFFEYDERS & FUGITIVE TASK FDRCE This Ariemvrandum of Understanding (M~U} is entered into by the Carpus Christi Police Department and the United States ZVlarsbals Service [USMS}pursuant to the Presidential Threat Fro#ectivn Act of 2444 (Public Law 146-544, § b, December I4, 2Q44, 114 Sta#.2718, 28 U.S.C. § 566 note}. The Presidential 'Threat Protection Act of 2444 provides that, "the Attorney General shall, upon consultation with appropriate Department of 3ustice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authvritaes in designated regions of the United S#ates, to be directed and coordinated by the United States Marshals Service, for purpose of locating and apprehending fugitives" Terms and Conditions 1. Period flf Performance: This MOU is automatically renewed annually based on verbal notification from the USMS, an or about October I of each new fiscal year. Participating agencies may withdraw their participation after providing 34 days advance written notice to the Task Force Commander' yr Chief Deputy. Subject to the availability of funds, overtime reimbursement, will be renewed annually based an written notification from the U.S. Marshals Service. 2. Overtime Reimbursement: The USMS shall X shall not ~ reimburse your organisation for overtime hours pending availability of funds. Your agency must submit within 34 days after receipt of a fully executed M~U, a list of individuals along with information stating their compensated overtime rate.. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Overtime per law enforcement officer is capped at no more than $15,572 per year. Reimbursement of overtime shall be contingent upon the submission of a proper invoice which shall be submitted on a monthly basis, and which provides the names of the investigators who incurred overtime for the Gulf Coast Violent Dfl'enders &. Fugitive Task Force {GCVOFTF) during the month; the number of overtime hours incunred; the howly regular and overtime rates in effect for each investigator; and the total monthly cast. `The invoice should be submitted to the USMS District Fugitive Task Farce tTF) Commander, who will review the invoice, stamp and sign indicating that services were received and that the invoice is approved far payment; and forward tv USMS Headquarters far processing. Documentation supporting the sununary level monthly invoice will be maintained by the USMS Fugitive Task Farce Commander, and only the summary level monthly invoice will be forwarded tv USMS Headquarters, 3. Personnel and Supervision: The Task Force will consist of law enforcement and administrative personnel &am state and local law enforcement agencies. Each pa~#icipating agency may agree to assign at least onefull-time law enforcement officer to the task force. 2410-12~gned tv the Task Force, will be special deputised by the USMS as Res. 028559~ent office may assist with task 0412011Q U.S. Marshals Ser-rice ~ ~~~~~ force operations as necessary. Direction and coordination of the Task Farce shalt be the responsibility of the U5Ivi5 Task Force Commander. Subject to the needs of the Task Force, participating agencies may assign supervisory personnel to serve as group supervisors within the task force. Each group supervisor will be responsible for the operational supervision of amulti-agency group of federal, state and local law enforcement officers assign tQ the task force. The current task farce, if applicable, will be integrated within the USMS Gulf Coast Violent offenders & Fugitive Task Farce to formulate a joint task force with a greater scope of responsibility and wider area of coverage. Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. 4. Task Force Advismry Committee: A Task Farce Advisory Committee, consisting of representatives ofeach participating agency, shall meet and. confer as necessary to review and address issues concerning the Task Force. 5. Vehicles and Equipment: Any vehicles, equipment, credentials, ar other items issued to task force personnel by the USMS shall remain the property of the USMS at all times. Government vehicles shall be used only for official purposes and solely for use in the performance of the task farce. They shall not be used for transportation between residence and place of employment. Ail vehicles and equipment must be returned to the USMS upon termination of the task farce or the departure of any task force personnel. Any other equipment used by ar assigned to task force officers will remain the property of the agency issuing the equipment and will be returned to that specific agency upon termination of the task force or upon agency request. Each participating agency agrees to furnish one vehicle for use by the task farce for each law enforcement officer assigned to the task force sunless a USMS owned or leased vehicle is assigned to the officer}. Each agency is responsible for the fuel, maintenance, and other expenses associated with the use of its vehicles. The USMS will issues USMS radios to each task force officer. Each participating agency agrees to provide mobile andlar handheld radio equipment capable of communicating on their law enforcement radio network. Pending the availability of funds, the USMS will furnish cellular telephones to be used for official task force business. 5. Background Ynvestigations and Special Deputation: Personnel assigned to the task force may be required to undergo background investigations in order to be provided access to USMS offices, records, and computer systems. In the event that such background investigations are required by the USMS far state ar local personnel, the USMS shall bear the casts associated with those investigations. Nan-USMS law enforcement officers assigned to the task farce will be deputised as a Special Deputy U.S. Marshal. 7. Records, Reports, and Evidence: Original reports of investigation, evidence, and other investigative materials generated, seized., ar collected by the Task Farce shall be retained. by the agency in the Task Force responsible for the case. However, evidence maybe fumed aver to other law enforcement agencies as appropriate. Copies ^f investigative reports and other materials may be provided to other agencies in accordance with applicable Iaws, rules and regulations. Task Farce statistics will be maintained in the USMS Warrant Information Network {'WIN}. Statistics will be made available to any participating agency upon request. $. Referral and Assignment of Cases: Each participating agency agrees to refer cases far investigation by the Task Force..Upon receipt of a written request, the Task Force may also assist non-participating law enforcement agencies in locating and arresting dangerous fugitives. Task Farce personnel will be assigned federal, state and local fugitive cases for investigation. Investigative teams will consist of personnel.from different agencies whenever passible. Each participating agency retains responsibility for the cases they refer to the Task Force. 9. NG`IlC Entries: Federal fugitive cases referred tv the task farce for investigation by arty participating agency will be entered into the National Crime Information Center {NCIC) by the USMS or originating agency, as appropriate. State ar local fugitive cases will be entered into NCIC (and other applicable state yr local lookout systems) as appropriate by the concerned state ar local agency. Id. Travel: Task Force personnel maybe required tv travel outside of the jurisdiction to which they are normally assigned in furtherance of task farce business. State or local task force officers traveling on offt.cial business at the direction of the USMS shall be reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws, rules, and regulations, II. linfarmants: Pending availability of funds, the USMS may provide funding for the payment of informants. However, all payments of informants utiliang USMS funding shall comply with USMS policies and procedures concerning confidential informants and protected sources. IZ. Use flf firearms and Deadly Force: All members of the Task Force shall comply wi#h their agency's guidelines concerning the use of firearms and deadly force. Copies of all applicable firearms and deadly force policies shall be provided to the Task Force Commander and each concerned #ask force officer. I3. News Media: Press conferences, press releases, and other statements to the media concerning task farce arrests and operations shall be coordinated among all participating I4. Release of Liability: Each agency shall be responsible far the acts or omissions of its personnel. Participating agencies yr officers shall not be considered as the agent of any other participating agency. Nothing herein is intended to waive ^r limit sovereign immunity under federal or state statutory or constitutional law. AGREED Cy: April 209 !~ 'ef ke Walsh or designee Corpus Christi Police Department C 'ef putt' U.S. Marshal F eth Saenz ar designee United States Marshals Service Southern District of Texas ~~~~AtI~HU~IIED ~T L~DltlYClf... ~~ jD ..~•~~ 3ECfiFTAiiY