COM 0125.001 2024-2026 - Laserfiche WebLink

Home

Each participating agency is responsible and liable for the acts and omissions of its officers, agents, or employees in connection with the performance of their official duties under this MOU. For tort liability purposes, no participating agency shall be considered the agent of any other participant. HSI Honolulu shall be liable (if at all) only for the negligence of its own officers, agents, or employees that occur within the scope of their official duties, only to the extent authorized by the Federal Tort Claims Act and other applicable federal laws. This Agreement is not intended and shall not be construed as a waiver of any immunity available to HSI Honolulu. The participating agencies agree that, except as otherwise noted in this MOU or allowed by federal law, they will be responsible for their liability and bear their costs with regard to their property and resources, or personnel expenses. All personnel, resources, equipment, and services contemplated under this Agreement will be furnished at the expense of each respective Party owning the equipment and supplies and employing the personnel. No Party will be held responsible for the costs incurred by the other Party or be entitled to compensation for assistance provided. No liability, right or benefit associated with any employer -employee relationship shall be implied by this Agreement. Nothing in this Agreement shall imply or create any duty or responsibility to comply with a collective bargaining agreement of another Party, or to create any right to insurance or any other employment right of a Partys employee from another Party to this Agreement. No employee of any Party to this Agreement shall be deemed to have become an employee of another Party or to be covered by any insurance or pension plans of another Party due to the employee's participation in the performance of this Agreement. Nothing in this Agreement shall impure a duty to levy additional taxes, appropriated funds, or enter into specific terms of a collective bargaining unit to effectuate this MOU. HPD agrees to cooperate with any federal investigation related to this MOU to the fall extent of its available powers. 8. SUBPOENAS. HSI Honolulu, as a federal agency, is not bound to comply with state subpoenas for information, evidence, or testimony; however, the ICE Office of the Principal Legal Advisor has the authority to authorize compliance with the same as long as disclosure of the information is not prohibited by federal statute, regulation, or DHS policy. ReAky" Seized evidence and other related forfeitures will be handled in a manner consistent with the seizing/forfeiting law enforcement agency's policies. Any requests for sharing of forfeited assets will be in accord with the procedures for remission set forth by the forfeiting party. Any payout to the requesting party will be in accordance with the policies set by the forfeiting party.