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HomeMy WebLinkAboutCOM 0125.001 2024-2026Jennifer Kagiwada Council Member District 2 South Hilo Off ce: (808) 961-8272 jennifer. kagiwada@hawaiicounty.gov HAWAI`I COUNTY COUNCIL - DISTRICT 2 25 Aupuni Street • Hilo, Hawaii 96720 Date: February 13, 2025 To: Dr. Holeka Goro Inaba, Council Chair and Members of the Hawaii County Council From: Jennifer Kagiwada, Council Member Council District 2, South Hilo Re: Memorandum of Understanding for Resolution No. 74-25 Please see attached two Memorandum of Understanding (MOU) between the Hawaii Police Department and the United States Department of Homeland Security and Homeland Security Investigations (HSI) Honolulu: 1) Embedding HSI Special Agents with the Hawaii Police Department 2) HSI Immigrations, Designation of Hawaii Police Department Officers to Task Force Please include these two MOUs to accompany the discussion of Resolution No. 74-25 which Authorizes the Mayor to enter into Intergovernmental agreements with Federal and State partners to support their continued cooperation with the Hawaii Police Department for the safety of the County of Hawaii. Thank you. JLK: slm Att. Hawai `i County Is An Equal Opportunity Provider And Employer MEMORANDUM OF UNDERSTANDING between HAWAII POLICE DEPARTMENT and THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY HOMELAND SECURITY INVESTIGATIONS HONOLULU regarding EMBEDDING HSI SPECIAL AGENTS WITH THE HAWAII POLICE DEPARTMENT 1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the Hawaii Police Department (HPD) and the U.S. Department of Homeland Security (DHS), Homeland Security Investigations (HSI), Honolulu, Hawaii (hereinafter referred to as "HSI Honolulu"). This MOU is entered into by the HPD and HSI Honolulu. 2. AUTHORITY. HSI Honolulu is a federal law enforcement agency with the authority to enter into this agreement under the provisions of the Homeland Security Act of 2002 (Pub. L. No. 107-296); 19 U.S.C. § I 589a; 21 U.S.C. §873; 8 U.S.C. §1 103(c), and 18 U.S.C. §981(e). HSI Honolulu is granted law enforcement authority pursuant to 8 U.S.C. § 1357 and 19 U.S.C. § 1589a, and HSI Honolulu has jurisdiction to enforce violations listed under, but not limited to, Titles 18 and 19 of the United States Code. Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation that exists between the parties. km; ali *3 014 The purpose of this MOU is to formalize the embedding of HSI Special Agents with the HPD. 4. DEFINITIONS/ ACRONYMS. Hawaii Police Department (HPD) United States Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) United States Department of Homeland Security (DHS) 5. PARTNERSHIP AND INVESTIGATNE RESPONSIBILITIES. HSI Honolulu Special Agents will work jointly with police officers of HPD on investigations that fall within the purview of the investigative authorities of HSI. HPD will provide a secured space within their facilities for the HSI Special Agents and their associated equipment at no cost to HSI, to include an area for secured file cabinets and temporary evidence storage that comports to HSI policy and guidelines governing evidence storage. Additionally, HPD will authorize HSI Special Agents to utilize and communicate over HPD- designated UHF/VHF radio frequencies on HSI radio equipment for law enforcement operations purposes. Status reports between HSI Honolulu and HPD are not required. POINTS OF CONTACT. Lucia Cabral-DeArmas Special Agent in Charge Homeland Security Investigations 595 Ala Moana Boulevard Honolulu, Hawaii 96813 Email: lucia.cabral-dearmas@hsi.dhs.gov Phone: (808) 532-3750 Benjamin T. Moszkowicz Chief of Police Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Email: Benjamin.moszkowiez@hawaiicounty.gov Phone: (808) 368-0680 6. SUPERVISION. Nothing in this MOU is to be construed to limit HSI Honolulu in the command and control of its assets or personnel. HSI Honolulu will be responsible for the day-to-day operational supervision, administrative control as well as personal and professional conduct of its special agents embedded within the HPD. DHS-ICE policies will govern the conduct of HSI Honolulu Special Agents. HSI Honolulu will have the sole authority to determine the number of personnel and type of resources it will embed with the HPD. HSI Honolulu will receive legal guidance from the ICE Office of the Principal Legal Advisor and the U.S. Attomey's Office. 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. 10. MEDIA RELATIONS. HSI Honolulu and HPD will coordinate all press releases/announcements. Media releases will not include law enforcement sensitive information, such as specific investigative procedures or law enforcement techniques, or include any information protected by federal or state privacy law or Federal directive or policy. 11. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with the current law or regulation or the directives or policies of DHS and/or ICE. If a term of the MOU is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. Nothing in this MOU is intended or should be construed, to create any right or benefit, substantive or procedural, enforceable by law by any third party against the United States, its agencies, officers, or employees. Further, no provision of this MOU shall be interpreted to require obligation or payment of funds in violation of the Anti -Deficiency Act, 21 U.S.C. § 1341-1519. Each agency is responsible for any expenses it incurs as a result of activities under this MOU. Neither agency agrees to insure, defend, or indemnify the other party. Nothing in this MOU is intended to imply that Congress will appropriate funds to either party for activities under this MOU. This MOU is not an obligation or commitment of funds, or a basis for transfer of funds, but rather a basic statement of the understanding between the parties of the matters described herein. Expenditures by each party will be subject to its budgetary processes and the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the language of this MOU in no way implies that the funds will be made available for such expenditures. 12. MODIFICATION. This MOU may be modified upon the mutual written consent of the duly authorized representatives of the parties. This MOU constitutes the entire agreement between HSI Honolulu and HPD. 13. DISPUTE RESOLUTION. Should a disagreement arise on the interpretation of the provisions of this MOU, amendments and/or revisions thereto, or any matter arising under this MOU, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the respective signatories or their designees, for resolution. 14. EFFECTIVE DATE. This MOU shall be effective upon the signature of both parties and shall remain in effect until terminated by either party. I S. TERMINATION. This MOU, as modified with the consent of both parties will terminate upon agreement of the parties. Each party may, upon 30 days' written notice to the other party, terminate this agreement- 16. APPROVAL AUTHORIZATION. By signing this MOU, each party represents that it is fully authorized to enter into this MOU, accepts the terms, responsibilities, obligations, and limitations of this MOU, and understands to be bound thereto to the fullest extent allowed by law. Reviewed by: r'Aa� Benjaffiin T. Mosjowiou Date Chief of Police Hawaii Police Department Digitally signed by LWAS CABRAL DE ARMAS Date. 202431 A 5 1337:00 -low Lucia Cabral-DeArmas Date Dakota Frenz Date Deputy Corporation Counsel County of Hawaii C. Kimo Alameda Special Agent in Charge Mayor Homeland Security Investigations County of Hawaii Honolulu, Hawaii Date MEMORANDUM OF UNDERSTANDING between U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT HOMELAND SECURITY INVESTIGATIONS and HAWAII POLICE DEPARTMENT regarding THE DESIGNATION OF HAWAII POLICE DEPARTMENT EMPLOYEES AS CUSTOMS OFFICERS (EXCEPTED) 1. PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) and the Hawaii Police Department 2. AUTHORITY. T`die 19. United States Code (U.S.C.), Section 1401(i);19 U.S.C. § 1589a. This MOU is also authorized under the provisions Of the Homeland Security Act of 202 (Pub. L. No. 107-296) 3. PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close cooperation and coordination between the hvb Parties. The Parties have therefore entered into this MOU to govern the use of HSI designations by certain employees of the Hawaii Police Department Pursuant to section 401(1), Tariff Act of 1930, as amended (19 U.S.C. § 1401(1)), the Secretary of Homeland Security is authorized to designate persons as Customs Officers (Excepted) to perform the dugs of a Customs Officer. Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § I689a, customs officers are authorized to enforce the full range of federal offenses. However. In designating Customs Officers (Excepted), HSI is not conveying the authority to onfarce administrative viofations of immigration iayv. There may be instances when HSI determines that it is desirable for certain sworn taw enforcement enployees of the Hawaii Police Department to perform certain HSI duties. This MOU sets forth the agreement and relationship between the Parties with respect to this determination. 4. RESPONSIBILITIES. The Parties agree as follows: a. Designate certain employees of the Hawail Police Department as Customs Officers (Excepted), without additional compensation, to perform the duties as noted on the 'Designation, Customs Officer (Excepted) - Title 19 Task Force Officer (ICE Form 73-001). This form is attached and is hereby made part of this MOU; b. issue a'Designation. Customs Officer (Excepted) -Title 19 Task Force Officer (ICE Form 73-001) to each qualified and designated employee; C. Provide appropriate training in taws, policies, and procedures to each designated employee; ICE Form 73-M (6114) Page 1 of 3 Advise the designated Customs Officers (Excepted) about court proceedings concerning seizures or arrests made by them In accordance with the authorities granted by HSI contemplated under this MOU; and e. Process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to the designated Customs Officers (Excepted) while such individuals are acting pursuant to this MOU, for compensation under the Federal Employee Workers Compensation Act (5 U.S.C. § 8101, et seq.). HAWAII POLICE DEPARTMENT agrees: a. That only sworn taw enforcement officers of the Hawaii Police Department who successfully complete the appropriate HSi Task Force Officer cross -designation Training Course and receive an approved 'Designation, Customs Officer (Excepted) —Title 19 Task Force Officer' (ICE Form 73-001) will be designated as Customs Officers (Excepted); b. That each taw enforcement officer will be bound by the Authorities Granted and the Endorsements and Restrictions as noted on the 'Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001); c. To advise HSI of each court proceeding in which the validity of a Customs Officer (Excepted)'s enforcement authority becomes an issue, and allow HSi to provide legal memoranda or other assistance as deemed necessary by HSi; d. That agency employees designated as Customs Officers (Excepted) will follow HSI directives and Instructions when utilizing enforcement authority conveyed by HSI; e. To provide to HSI, before designation of each officer and on an ongoing basis, any derogatory information, or information that may call into question the officer's truthfulness or ability to testify in court; and f. To return ail HSI-issued equipment and Identification when a cross -designated officer terminates employment or when his or her cross -designation expires. a. That any abuse of HSi cross -designation authority may lead to the revocation of such cross -designations by HSI; and b. To schedule periodic meetings to review this MOU, as required. REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed 'Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001). Copies of this form wilt be held by the Contraband Smuggling Unit at HSi Headquarters, the designated Customs Officer (Excepted), and the Hawaii Police Department If applicable, the HSI office will maintain documentation of designated Customs Officers (Excepted) approved to use HSI vehicles and certification that the designated Customs Officers (Excepted) have completed the ICE Fleet Card Training in Virtual University and any other fleet related training. ICE Form 73.002 (5114) Page 2 of 3 6. POINTS OF CONTACT. HSIOftice. SAC Honolulu Name: Brandon Silva True: Program Manager/Special Agent Address: 595 Ala Moana Blvd. Honolulu, Hawaii 96813 Telephon@Number +1 (808) 216-4094 Fax Number. +1 (908) 522-5852 E-manAddress: brandon.j.silva@ice.dhs.gov HAWAII POLICE DEPARTMENT : Name: Kenneth Bugado Jr. Title: Deputy Cheif Address: 349 Kapiolani Street Hilo, Hawaii 96720 Telephone Number. +1 (80e) 961-2245 Fax Number. +1 (808) 935-3311 E-mail Address: kenneth.bugado@hawaiicounty. 7. OTHER PROVISIONS. This MOU is an internal agreement between the Parties and does not confer any rights, privaeges, or benefits to any other party or the public. Nothing in this MOU is intended to conflict with current taws, regulations, or policies of either Party. If a terra of this MOU is inconsistent with such authority. that term shall be Invalid but the remaining terms and conditions of this MOU shall remain in full force and effect. Nothing in this MOU is intended or shall be construed to require the obligation. appropriation, or expenditure of any money from the U.S. Treasury in violation of the Anti-Defrdeney Ad, 31 U.S.C. §§ 1341-1519. The form and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU. 8. EFFECTIVE DATE The teens of this MOU will become effective on the data the last Party signs the MOU. The Designation Fom► of each Customs Officer (Excepted) is effective per the date on that document. 9. MODIFICATION. This MOU may be amended by the written concurrence of both Parties. 10. TERMINATION. This MOU may be terminated by either Party upon a 30-day written notification to the other Party. APPROVED BY: JOANNA K. XP PAtJL iS. FERREIRA�� Name of HSI Official Name of Hawaii PO 's Oifldal SPECIAL AGENT IN CHARGE Tina of HSI Official Homeland Security Investigations U.S. Immigration and Customs Enforcement hate: CHIEF OF POLICE Titleof Hawaii PD 130fflCIW Name of '. -. , . ' a r - . 's Agency Date: MAR 6 2017 ICE Form 73-002 (5114) Page 3 of 3