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HomeMy WebLinkAboutCOM 0125.031 2024-2026Holeka Goro Inaba, Ed.D Council Chair, District 8, North Kona holeka.inaba@hawaiicounty.gov Office: 808/323-4280 DATE: TO: FROM: SUBJECT: HAWAI`I COUNTY COUNCIL County of Hawai `i West Hawai `i Civic Center, Bldg. A 74-5044 Ane Keohokdlole Hwy. Kailua-Kona, Hawai `i 96740 March 31, 2025 Members of the Hawaii County Council Holeka Goro Inaba, Council Chair Jennifer Kagiwada, Council Member Jennifer Kagiwada Council Member, District 2, Hilo jennifer.kagiwada@hawaiicounty.gov Office: 808/961-8272 Proposed Amendments to Resolution No. 74-25; A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH FEDERAL AND STATE PARTNERS TO SUPPORT THEIR CONTINUED COOPERATION WITH THE HAWAI`I POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAI`I. Transmitted herewith are proposed amendments to Resolution No. 74-25. The proposed amendments are shown below in Ramseyer format with respect to the content of Resolution No. 74-25; material to be deleted is bracketed and stricken, and material to be inserted is underscored. 1. The second WHEREAS clause is amended to read as follows: "WHEREAS, the Hawaii Police Department ("HPD") desires the ability to enter into three Agreements [as listed i the hide, f n n tAs (a-t4aehed hefete as Exhi � ], attached hereto and incorporated herein as Exhibit A, that will facilitate HPD's ability to serve and protect the County of Hawaii through cooperative collaboration to keep our community safe, provide for the exchange of necessary information with outside agencies, and other required partnerships with its State and Federal partners; and" 2. The third WHEREAS clause is amended to read as follows: "WHEREAS, HPD will inif,,a„^^] intends to transmit a supplemental resolution [annually with Go eil f6f this ptifpese (ineltiding an updated 1fideN Of Agr-eefflefAs exhibit); now, therefore,] for the Council's consideration whenever any amendment to the Agreements contained in Exhibit A is desired by HPD; and" Comm. — wRef. To. .` Haai `i County is an Equal Opportunity Provider and Employer Ref. gate 2 A fourth WHEREAS clause is added as follows: "WHEREAS, none of the Agreements contained in Exhibit A authorize Hawaii Police Department officers or other personnel to take any enforcement action a ainst administrative violations of federal immigration law; now, therefore;" 4. The enacting clause is amended to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAVI that., in accordance with Hawaii Revised Statutes, Section 46-7, the Mayor of the County of Hawaii is hereby authorized to execute, on behalf of the County, [an inter-gavem.-ftental the ('',,,,nty of 14a-, ai' .] intergovernmental agreements with the State and Federal governments as contained in Exhibit A." 5. Resolution No. 74-25 is further amended by substituting the content of Exhibit A with the content hereto attached and described as follows: 1. Memorandum of Understanding between U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations and the Hawaii Police Department regarding the Designation of Hawaii Police Department Employees as Customs Officers (including ICE Form No. 73-001). 2. 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. 3. Memorandum of Understanding between the Federal Bureau of Investigation Hawaii Police Department regarding the Honolulu Safe Streets Task Force. A copy of the new draft of Resolution No. 74-25 that will result if these proposed amendments are adopted is attached. Thank you. HGI/JLK:wpb Att. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH FEDERAL AND STATE PARTNERS TO SUPPORT THEIR CONTINUED COOPERATION WITH THE HAWAI`I POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAI`I. WHEREAS, Hawaii Revised Statutes Section 46-7 requires the County to obtain consent of the Council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS, the Hawaii Police Department ("HPD") desires the ability to enter into three Agreements, attached hereto and incorporated herein as Exhibit A, that will facilitate HPD's ability to serve and protect the County of Hawaii through cooperative collaboration to keep our community safe, provide for the exchange of necessary information with outside agencies, and other required partnerships with its State and Federal partners; and" WHEREAS, HPD intends to transmit a supplemental resolution for the Council's consideration whenever any amendment to the Agreements contained in Exhibit A is desired by HPD; and WHEREAS, none of the Agreements contained in Exhibit A authorize Hawaii Police Department officers or other personnel to take any enforcement action against administrative violations of federal immigration law; now, therefore; BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAFI that, in accordance with Hawaii Revised Statutes, Section 46-7, the Mayor of the County of Hawaii is hereby authorized to execute, on behalf of the County, intergovernmental agreements with the State and Federal governments as contained in Exhibit A. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of Management, the Finance Department and the Hawaii Police Department. 1, 2 MEMORANDUM OF UNDERSTANDING between U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT HOMELAND SECURITY INVESTIGATIONS and HAWAII POLICE DEPARTMENT regarding THE DESIGNATION OF HAWAII POLICE DEPARTMENT T` AS CUSTOMS OFFICERS (EXCEPTED) EMPLOYEES PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSO and the Hawaii Police Department AUTHORITY. Title 19; United States Code (U.S.C.), Section 1401(1);19 U.S.C. § 1589a. This MOU is also authorized underthe provisions of the Homeland security.Act of 202 (Pub. L. No20?-296) 3. PURPOSE. The Parties agree that effective enforcement of the laws relating io 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 duties of a Customs Officer. Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C, § 158,9a, r usto s ohs are authorized to enfome the full range of federal offenses. However, In designating Customs Officers (Excepted), HSI Is not conveying the suffxxr ty to ontom a sdministmNa violations oflmmigraUbri taw, There may be instances when HSI determines that it is desirable for certain sworn law edforcement erMloyess 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 RESPONSisiuTiEs. The Parties agree as follows: a. Designate certain employees of the Hawaii Police Department as Customs Ofcars (Excepted), without additional compensation, to perform the duties as noted on the'Designation:, Customs Officer (Excepted) — Title 19 Task Force Officer (ICE Form 73401). This form is attached and is hereby made part of this MOU; b. Issue a'Designat€on. Custom-, (E:xxepted) -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 73-002 (5114) Page i of 3 d. Advise the designated Customs Officers (Excepted) about court proceedings concerning seizures or arrests made by them to 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 designates! Customs. Officers (Excepted) white such. Individuals are acting pursuant to this MOU, for compensation under the Federal Employee Workers Compensation Art (5 U.S.C. § 8101. at seq.), HAWAIi POLICE DEPARTMENT agrees. a. That 'only s wm law enforcement officers of the Hawaii Police De artment who successfully complete the appropriate HSI Task Force Officer crass -designation Training Course and receive an approved "Designation, Customs Officer (Excepted) -Titte 33 Task. Force Officee (ICE Farm 73-001) will be designated as Customs Offrcers (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} —T€tle 19 Task Force OMcW (ICE. Foram 73-(01) c. To advise HSI of each court proceeding in which the validity of a Customs Officer (Exceptedys enforcement authority becomes an issue, and alto HSI to provide legal memoranda or other assistance as deemsd necessary by HSI; d. That agency employees designated as Customs Officers (Excepted) will follow HSI directives and Instructions when utilizing enforcement 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 all HS14ssued equipment and Identification when a cross-designatedofficer terminates employment or when his or her crass-desigrlon expires. Both Parties anise: a. That any abuse of HSI Gross -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. 5. REPORTING AND VOCUNtEWATIt3N. HSI SAC offices will maintain the original signed "Designation; Customs Officer (Excepted),- Trite 19 Task Farm Off (ICE Fort 73.001). Copies of this form will 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 (S f4) Page 2 of 3. S. POINTS OF CONTACT. HSI Ofoc&' SAC Honolulu HAWAII POLICE DEPARTMENT Name: Brandon Silva Namw. Kenneth Bugado, Jr. Title. Program manager/Special Agent TrUS' Deputy Cheif Address: 595 Ala Moana, Blvd. AddresT 349 Kapiolani Street Honolulu, Hawaii 96813 Hilo, Hawaii, 96720 Tolaphcnetl=ber +1 (908) 216-4094 TGEOP110fleNUMber +1 (808) 961-2245 Fax Number: +1 (808) 522-5852 Fax Number: +1 (808) 935-3311, E-mal!Addre= brandon,j.silva@ice.dbs.gov E-mal]Address: kennethbugado@hawaiicounty. 7, OTHER PROVISIONS. This MOU Is an internal agreement between the Parties and dew not confer any lights. Owages, or benefits to any other party or the pubfir— Noftig in this MOU Is intended to conflict with cummt IaW3, regulations. of policies of either Party. It a term of this MOU is InconsIstentyAth such authority. that term shall be invalld but the remaining terms and conditions of this MOU shall remain in fun tome and affea Nothing in this MOU Is Intended or shall be construed t0 require the obligation. appropriation, or expenditure of any money frown the U.S. Treasury In violation of the Anti-Deficlency Ack 31 U.S.C. SS 1341-1519. The form and authorities referenced herein may be rammed or replaced by HSI without prejudice to this MOU. 8. EFFECTIVE DATE. Tbo terms of this MOU %Mil becorne eftactlw on the date the last Party signs the MOU. The Designation Form oteach Custom Officer (Excepted) Is affective per the date on that document S. MODiF1CA11ON..Trft 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 mitten notification to the other Party. APPROVED BY. JOANNA K. 1P Name of HSI Official Name of Hawaii PO 'sOtficlai SPECIAL AGENT rN CHARGE lift or HSI Official ficrneland Security Investigations U.S. Imnigration and Customs Enforcement DOW. CHIEF OF POLICE `Fitts of Hawaii P0 Isofficial Noires of ='r 5 Agency Date: MAR 6 2017 ICE Form 73-002 (&14) Page 3 at 3 EXPIRATION DATE; E+ln,► as 4W than x years groin a*rWcatlan date J#14j HSI Credential Number; Badge Number. (if applicable) DEPARTMENT OF HOMELAND SECURITY US- Immigration and Customs Enforcement DESIGNATION, CUSTOMS OFFICER (EXCEPTED) — TITLE 19 TASK FORCE OFFICER (Homeland Security Investigations Directive 14-02) Pursuant to the provisions of 19 U.S.C. § 1401(i) and as delegated, and by agreement with your employing agency, you are hereby *signaled a customs Wicer (ExceFrtedj without additional compentai tfan, hereinafter refarrad to as a ride 19 Task Farce Offer (11PO). This designation. for the performance of such duties as oulfined below. will be in effect while you remain in your present position and location until the expiration date, unless revoked at an earlier date. In parforrniog,tha duties of a TFCt, you will be subject to guidelines, directives, and instructions of the Department of Homeland Security (DHS). U.S. immigration and Customs Enforcement (ICE), homeland Security Investigations (HSI), Arrangements will be made for you to receive the training necessary to perform your duties as a TFO according to HSI Directive 14-02 "Law Enforcement Officers Designated to Act as Customs Officers (Excepted) for investigative Purposes -- Domestic . dated May 7, 2014; or as updated. Duration of Designation: Designations under this Directive are valid for a period of 2 years from the date the TFO Course was completed, Title 19 TFOs may be redesignated for an additional 2`years. without additional training, upon the completion of a new Designation Form, ICE Form 73-001 {Ns form): Redesignatfon must be accomplished before the expiration of the original designation. Tide 19 TFOs must attend the TFO Course no less than every 4 years to remain designated. 1. TFO's Full Legal Name: 2. Lest 4 of Social Security Number: 3. Date of Birth: 4. Parent Agency (Full Name -- NO ACRONYMS). 4a, Phone Number: 4b_ Parent Agency E-mail 4c. ICE or DHS E-mail (Required for Full and Part -seine TFOs); Address; Street 5. Parent Agency Position Rank; S. Parent Agency Badge Number. City state zip Code T. Parent Agency Supervisor: 7a. Phone: 70, E-mail: 8. HSI Designated Supervisor. Ba. Phone. 8b. E-mail: 9. HSI Office Assigned: 10. CertificationlRacerlikation Date (Certification expires 2 years from): {Data of training completion or date reaertlfled by the SAC for an addWonal 2 years prier to expiratom of first 2: years:; 11. CancallaiionlRevoked Date; Cancellation Authorizing Signature (HSQ: (Expires 2years from date above (#10), if no signature present) 12, TFO Status Q Full-Tirna: A TFO who is co -located with HSI and is working directly for an HSI first- or second -line supervisor for a minimum of 30 hours per week and is significantly contributing to investigations. (IGE or OHS a -ma# mquiredi Part-Ti": A TFO who is co4ocated with HSI and is working diietctty for an HSI first- or secorrr!-tine supervisor for a minimum of 8 hours per week and is signifrcarrtty contributing to investigations, (ICE or DHS a -gnarl required} 0' On -Call: A TFO who does not meet the standards of either a Part -Time or Full -Time TFO; who is occasionally called upon to assist HSI. Including officers working strictly in a uniformed capacity, who does not report directly to HSt. (ICE or DHS e-maR recommended requited to fly armed, j 11 Authorities Granted: Only the marked duties are authorized for the TFO. Garry a firearm, in accordance with federal law, that he or she is authorized and qualified to carry by his or her parent. agency while on duty. Execute and serve orders, search warrants, arrest warrants, subpoenas; summonses, and other processes issued under the'authority of the United States, in `so oordancs with laws administered and/or enforced by HSI. Make arrests without warrant for any offense against the United States co minted in his or her presence or for a felony; cognizable under the taws of the United States, committed outside his or her presence for which sufficient probable cause exists. (� Perform other law emorcement duties which may be authorized under 19 U.S.G. § 1589a. (� Make seizures of property in compliance with the Constitution of the ;United States and the Customs laws. ❑ Conduct customs border searches for merchandise tieing imparted into or exported from the United States, and detain such persons or articles necessary to that and, of as otherwise may be subject to seizure under the laws of the united States. El (Other authorities. ICE Form 73-001 (&1,4) Page 1 of 14. Endorsernerils and Restrictions: The following marked endorsements and restrictions apply to the TFO: This cksignatlon form Is INVALID without accompanying HSI Identification and employing agency Identification. The TFO shall follow the Interim ICE Use of Force PofiCY4 dated July 7, 2004, or as updated or superseded, The TFO is not granted the authority to enforce administrative vlotations of Immigration taw. [X The TFO will present for inventory his or her HSI-iszued credentials (and badge, it applicable) every 6 months or upon request of the HSI supervisor. Prior to using the authorities granted by this designation, notification will bo made to an HSI supervisor or designee. (This restriction is mandatory lkw On-Caft TFOs, and Is otherMse discretionary.) The TFO is authorized to fly armed while conducting official HSI business. (ICE or OHS e-mail oequired.) F1 The TFO is authorized to operate a government owned vehicle (GOV) in accordance with HSI policy. Qc Other Endorsements and Restrictions. Permitted to utilize parent issued BWC per Di.recLive .21-4. *Refer to HSI Directive 14-02, "Low Enforcement Officers Designated to Act as Customs Officers (Excepted) for Investigative Purposes - 00mestIc." dated May 7,2014, or as updated, for a complete explanation of authorities, endorsements, and restrictions, 15JMs Acknowledgement 1 16. Authorizing Officer (HSI SAC). I have roadond onderstand the aidh*dVvs granted to me and the oodorsoments and restrictions listed above and lit the referenced Printed Name Title Task Force Officer's Signature Date PRIVACY-AC-11TATUM AUTHORITY. information about you, as a Task Force Officer (TFO) Customs Officer, is colle*ad and maintained pursuant to the provisions of 19 U.S.C. 1401 (1), appropriate re-delagallons. and by agreement with your employing agency. Through the Title 19 programi HSI enters into agreements with I federal, state and local law enforcement agencies to delegate to the agencies'Law Enforcement Officers (LEOs) the authority to enforce certain federal laws. As a result, HSI is authorized to delegate the full range of law enforcement duties of a Customs Officer to LEOs in federalt state and local low enforcement agericies, PRINCIPAL PURPOSE(il): Your information Is collected on this form to acknowledge your selection and designation as a Customs Ofter.. ROUTINE USE(S). Pursuant to the routine us" published in DHSIALL-023 Department of Homeland Security Personnel Security Management System of Records (February 23. 2010 75 FR 8088); HSI may share your information with federal, state, local, tribal, foreign, or international agencies it the 4 information is relevant and necessary to HSI's decision to delegate authority or issue a security clearance to you. DISCLOSURE: The disclosure of Information on this form is voluntary: however, failure to provide the Information requested will disquarify you from further partidpation in the Title 19 Program. ICE From 73-001 (6/14) Page 2 of:? MEMORANDUM OF UNDERSTANDING between HAWAII POLICE DEPARTMENT and THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; HOMELAND SECURITY INVESTIGATIONS HONOL 1LU 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. §1589a; 21 U.S.C. §873; 8 U.S.C. §1103(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 1.8 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. 3. PURPOSE. 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 rNVESTIGATrVE 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 Emil: Benjamin.moszkowicz@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 willgovern 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. Attorney's Office. 7. LIABILITY. 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 fumished 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 employees participation in the performance of this Agreement. Nothing in this Agreement shall impute 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 full extent of its available powers. &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. 9. EVIDENCE. 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 term of the MOU is inconsistent with such authority, them 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 -areas) 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 of until terminated by either party, 15. TERMINATION. This MOU, as modified with the consent of both parties will ten-ninate 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: Aa*tZ 04,i� BenjAin T. Mos4lowicU Date Chief of Police Hawaii Police Department Digitally signtcl by LUCIA 5 CABRAL DE ARMAS I)Atc=4.11.15 1357.10 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 FOR OFFICIAL Use ONLY FEDERAL BUREAU OF INVESTIGATION HONOLULU SAFE STREETS TASK FORCE MEMORANDUM CAE UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the Hawaii County Police Department. Clothing in this MOU should be construed as limiting or impeding the basic spirit spir►t of Cooperation which exists between these agencies. AUTHORITIES Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533,42 U.S.C. § 3771, Title 28, Code of Federal Regulations (C.F.R.), § 0.8 , and applicable United States Attorney General's Guidelines. PURP2SE 1 The purpose of this MOU is to delineate the responsibilities of Honolulu Safe Streets Task Force (SSFF). This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or outer associated personnel thereof. MISSION 4. The mission of the SSTF is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The SSTI" will enhance the effectiveness of federalistateflocal law enforcement resources through a well -coordinated initiative seeking the most effective investigativelprosecutive avenues by which to convict and incarcerate dangerous offenders. SUPERVISION AND CONTROL FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY A. Supervision 5. Overall management of the SSTF shallbe the shared responsibility of the participating agency heads and/or their designees. & The Special Agent in Charge (SAC) of the Honolulu Division shalt designate one Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF Supervisor may designate a Special Agent to serve as the Safe Streets Task. Force Coordinator (Task Force Coordinator), Either the SSTF Supervisor or the Task Force Coordinator shall oversee day -today operational and investigative matters pertaining to the SSTF; 7. Conduct undertaken outside the scope of an individuals SSTF duties and assignments under this t' OU shall not fall within the oversight responsibility of the SSTF Supervisor or Task Force Coordinator. As stated in paragraph 74, below, neither the United States nor the FBI shalt be responsible for such conduct 8, SSTF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)IFBI regulations relating to outside employment and prepublication review matters; and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 9, SSTF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this 1V OU. 1'0. Continued assignment: of personnel to the SSTF will be based on performance and at the discretion of appropriate management. The FBI SAC and SSTF Supervisor will also retain discretion to remove any individual from the SSTF. B. Case Assignments 11, The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and dosing SSTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 11 Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSTF Supervisor. 13, For FBI administrative purposes, SSTF cases will be entered into the relevant FBI computer system, 14, SSTF personnel will have equal responsibility for each case assigned. SSTF personnel will be responsible for complete investigation from predication to resolutions. 2. FOR OFFICIAL USE ONLY This document is the property of the FBI and Is loaned to your agen Neither it nor its contents may be released without authorization by FBI Hesiquarters. FOR OFFICIAL USE. ONLY C> Resource Control 1& The head of each participating agency shall determine the resources to be dedicated by that agency to the SSTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. 0PkRATI0NS A. Investigative Exclusivity 16. It is agreed that matters designated to be handled by the SSTF will not knowingly be subject to non-SSTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the SSTF's existence and areas of concern. 17. It is ,agreed that there is to he no unilateral action takers on the part of the FBI or any participating agency relating to SSTF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carded out. 18. SSTF investigative leads outside of the geographic areas of responsibility for FBI Honolulu division will be communicated to other FBI offices for appropriate Investigation, M Confidential Human Sources 19. The disclosure of FBI infonmants, or Confidential Human Sources (CHSs), to non-SSTF personnel will be limited to those situations where it is essential to the effective performance of the SSTF. These disclosures 41 be consistent with applicable FBI guidelines. 20, Non -FBI SSTF personnel may not make any further disclosure of the identity of an FBI CHS, Including to other Individuals assigned to the SSTF. No documents' which identity, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 21. in those instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 22, The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of SSTF Investigations, documentation of, and any payments made to, FBI CHSs shall be, in accordance with FBI policy and procedure; 3 FOR OFMIAL USE ONLY This document is the property of the FBI and is foamed to your agency. Neither it nor Its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 23. Operation, documentation, and payment of any CH5 opened and operated in furtherance of an SSTF investigation must be in accordance with the United Mates Attorney General's Guidelines, regardless of whether the handling agency is an FBI SSTF participating agency, Documentation of state, county, or local CHSs opened and operated in furtherance of SSTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24, All investigative reporting will be prepared in compliance with existing FBI policy, Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by SSTF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate, 25, SSTF reports prepared in cases assigned to SSTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated in SSTF cases which are ripened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF. 27. SSTF investigative records maintained at the Honolulu FieldOffice of the FBI Wit be available to all SSTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions, 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the SSTF investigations will be maintained by the FBI, The FBI's riles and policies governing the submission, retrieval and chain of custody will be adhered to by SSTF personnel. 29. All SSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 30. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge that this MOU may provide SSTF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information wilt be handled lawfully pursuant to the provisions thereof, The Parties further agree that if this access to information by SSTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. 4 FOR OFFICIAL USE ONLY This document Is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquariers. FOR OFFICIAL USE ONLY INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between SSTF personnel and FBI employees not assigned to the SSTF, may be disseminated by SSTF personnel to non-SSTF personnel without the approval of the SSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information direly. Likewise,, SSTF personnel will not provide any participating agency Information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials.. 33; Each Party that discloses Pit is responsible for making reasonable efforts to ensure that the information disclosed is accurate,, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any Inaccuraciesin the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible' for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies; or procedures applicable to the disclosing Party. 36. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches), 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 38. SSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution 39. A determination will be made can a case -by -case bads whether the prosecution of SSTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the SSTF. 5_ FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agen . Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL. USE ONLY 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a SSTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations A. Investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigarive methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 4Z In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, In situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 41 The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI, S. Undercover Operations 44. All SSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS -THAN -LETHAL -DEVICES' 45. The parent agency of each individual assigned to the SSTF will ensure that while the individual is participating in FBI -led task farce operations In the capacity of a task force I Pursuant to Section Vill of the 00J Less -Than -Lethal Devices Policy dated May 16, 2011, all stateAc cal officers participating in joint task force operations must be ,made aware of and adhere to the policy and its limits on 00 J officers. 6 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agencyy. Neither it nor its contents may be released without authorization by FBI Headquarters, FOR OFFICIAL USE ONLY officer, task force member, or task force participant, the individual will carry only less - lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 46, The parent agency of each individual assigned to the SSTF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less-Than-Lethat Devices. DEADLY FORCE AND S1400TING INCIDENT POLICIES 47. SSTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the SSTF, subject to a limited background inquiry, may be swam as federally deputized Special Deputy United Stag Marshals, with the FBI securing the required deputation aufrization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the SSTF or until the termination of the SSTF, whichever comes first. 49; Deputized SSTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES % In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official SSTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (043tiD) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to LEA SSTF personnel will require the execution of a separate Vehicle Use Agreement.; 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by LEA SSTF personnel, except where liability may fall under the provisions of the Federal Tart Claims Act (l~TCA), as discussed in the Liability Section herein below. 7 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your a ency. Neither it nor its contents may be released without authorization by FBI He quarters, FOR OFFICIAL. USE ONLY 51 The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by LEA task forcepersonnel while engaged in any conduct other than their official duties and assignments under this MM 54. To the extent permitted by applicable taw, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by LEA SSTF personnel which is outside the scope of their official duties and assignments under this MOU. SALARYfOVERTIME COMPENSATION 55. The FBI and LEA remain responsible for all personnel costs for their SSTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described' in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal SSTF personnel' assigned full-time to SSTF, provided overtime expenses were incurred as a result of SSTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cast Reimbursement Agreement must be executed between the FBI and LEA for full-time employee(s) assigned to SSTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 57. Property utilized by the SSTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the SSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by SSTF In connection with authorized investigations and/or operations and is in the custody and control and used at the direction of SSTF, wilt be the financial responsibility of the agency supplying said property. FUNDING 58. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly 8 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters, FOR OFFICIAL USE ONLY acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with SSTF operations. 60, Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ, Forfeitures attributable to SSTF investigations may be equitably shared with the agencies participating in the SSTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the SSTF`s objectives. 61 The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. fro. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO SSTF AND SECURITY CLEARANCES 65. If an LEA candidate for the SSTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start gate, fib. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the SSTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI; FOR OFFICIAL USE ONLY This document is the property of the F81 and is loaned to your agency. Neither it norits contents may be released without authorization by FBI Headquarters. FOR OFFICIAL Usl~ ONLY 6& Before receiving unescorted access to FBI space identified as an open storage facility, SSTF personnel Will be required to obtain and maintain a "Top Secret" security clearance. SSTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the SSTF, each individual whose assignment to the SSTF is completed will be given a security debriefing and reminded of the provisions contained in the nondisclosure agreement to which he or she previously.agreed. UABit ITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, If any, arising from the conduct of personnel assigned to the SSTF. 71. The participating agency shall immediately notify the FBI of any civil; administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the SSTF or otherwise relating to the SSTF, The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the SSTF remains vested with his or her employing agency, In the event that a civil claim or complaint is brought against a state or local officer assigned to the SSTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending' against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671- 2680; An individual assigned to the SSTF who is named as a defendant in a civil action as a result of or In connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving ,rise to the snit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, ,and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the; United States for purposes of the FTCA, the [United States Is substituted for the employee as the sole defendant with respect to any tort claims. decisions regarding certification of employment under the FTCA are mane on a case -by -case basis, and the FBI cannot guarantee such certification to any SSTF personnel. 73. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S, Constitution pursuant to 42 U.S;C. § 1983'or Bivens v. Six Unknown Named Acents of the Federal Bureau of Narcotics, 403'U-.S. 388 (1971): An individual assigned 10 FOR OFFICIAL USE ONLY This document is the property at the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters, Fop OFFiclAL USE ,ONLY to the SSTF who is named as a defendant in a civil action as a resultof or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 CY.R, §§ 50,15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Honolulu Division, who will then coordinate the request with the FBI Office of the. General' Counsel. In the event of an adverse judgment against the individual, he: or she may request indemnification from DOJ, 2B C.F.R, § 50.15{c}(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis, The FBI cannot guarantee the united States will provide legal representation or i ndemnificabon to any SSTF personnel. 74, Liability for any conduct by SSTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States ,and shall be the sole responsibility of the respective employee andlor agency involved. DURATION 75': The term of this MOU is for the duration of the SST Ps operations, contingent upon approval of necessary funding, but maybe terminated at any time upon written mutual consent of the agency involved. 76. Any participating agency may withdraw from the SSTF at any time by written notification to the SSA, with designated oversight for investigative and personnel matters or program manager of the SSTF at least 30 days prior to withdrawal, 77. Upon termination of this `MOU, all equipment provided to the SSTF will be returned to the supplying agencylagencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SSTF participation. MODIFICATIONS NS 78. This agreement may be modified at any time by written consent of all involved agencies, 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. 11 FoR OFFICIAL USS ONLY This document is the property of the FBI and is loaned to your agge�nccyy. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY SIGNATORIES S�ecial Agent in Charge Federal Bureau of investigation Chi e._ eriff Law Enforcement Agency v/1/GIs-" Cate Date FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your ag�ency, Neither it nor its contents may be released without authorization by FBI Headquarters.