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HomeMy WebLinkAboutRES 074 Draft 02 2024-2026i COUNTY OF HAWAI`I :4 �rE ur•N�'� RESOLUTION NO. STATE OF HAWAI`I (DRAFT 2) 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 Hawai` i 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 HAWAI`I 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 Hawai`i shall transmit copies of this resolution to the Office of Management, the Finance Department and the Hawai`i Police Department. Dated at Hilo , Hawai`i, this 2nd day of April , 20 25 . INTRODUCED BY: C CIL E BER, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i GALIMBA X HUSTACE X I hereby certify that the foregoing RESOLUTION was by INABA X the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X County of Hawai`i on April 2, 2025 KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X ONISHI X VILLEGAS X 5 4 0 0 Reference: C-125.33/GOEAC-27 TY CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 74 25 (Draft 2) 2 EXH I B I T A MEMORANDUM OF UNDERSTANDING betwe9n U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT U I HOMELAND SECURITY .INVESTIdATIONS and kAWAI.I POLICE DEPARTMENT regarding THE DESIGNATION OF HAWAII POLICE bEWTHENT EMPLOYEES AS CUSTOMS OFFICERS (EXCEPTED) 1. PARTIES*. Tice Parties to (hit Mernorandum'of Understanding nding (MOU) are U.S. Immigration and Custhrtis Enforcenwt (ICE) Homeland Security)n4estigatlons (HSQ:and the. Hawaii Police DepartmOnt 2. AUTHORITY. Title 19, United'States Code (U,&C,)j Section 1401(l); 19 UZ,C4 § 15892. This MOU Is also authorized Lin.dsr the provisions of the Homeland Security.Act of 202 (Pub. L,, No,, 107 29.6) 3, PURPOSE, The Parties Agree that effediVe enforcement of the lam relatingljo Hsi jurisdiction requires close co I operation and co.ordiriatl6n betWwn the twb Parlle%, The Partles, have therefore. entered Into this MOU W govern the use of HSI. de�signatlons by certain employees of the Hawaii Police Department_ Pursuant to.sedon 401(1), TanilfAd of 1930,,as amended :(16'U.S .C. § 14010j, tM Secretary of Homeland Security is authorized to designate persons as: Customs; Officers (Excepted) to per1brrn the duties of a CUstorns Officer, Wirth tC15, this authority has been delegated * to the HSI Special Agentsin Charge, Pursuant to 19 U.S.C. 5 116998; custorns offlcers� AM authorized to enforce the full tihgb oft ks! offenses, However, It! designaft Custorns bfficers.(Extepied), HSI 13 not: conveyft Ui06ftfikta enforce OdminWmfiva violations of mmOtidn law. There may be instances When HSI detertnihes.that it Is detffable for certain *swam law enforownent of the Hawaii Police Department to peiform* certain HSI duffes. This MOU sets forth the agreement and relaOonlship,babAteen Iihe Parties with respk-( to this determination. 4.- RtspoNtibivnts. The Parties agree as follows; a; baiiqnate certain employets of the Hawaii Police Department as Customs Officers (Excepted), without additibnaltornpe6sall6n, to pedbrni the dudes as noted on thd'bisignatlom Custorns Officer pwted) — Title 19 Task Force Officer (ICE Form 73-001)*. This form is attached and Is hereby made part -of this. MOU; b. Issue a '136signpiton. Customs. Officer (Excepted) I rikle iO task Fo.rce:Ofrtqet' (ICE Form 73.001) to,each, qualified and.0esignatled employee: - rovw. -ipp cz . pdat6 training in laws, policies. and vtot*durev to each dei§Ignat6d'employe6; ,i ro ICE fb= 73-002 (504 Page 7 of.3- d, Advise the deSignated Customs 6111cers, (Excepted) about court proceedings concerning seizures or arrest made by them In accordance with the authorities granted by HSI contemplated under this MOU; and. e, Prcicesis, under appropriate regulations, any injury clalm submitted as a result. of Injuries occurring to thi designated Customs Officers (Excepted) white s0chl.nOlduals are acting pursuant to (his M01U, for compensation. under'the Federal Employee' orkers Compensation Act t (5 U.S..C. 5 8101, of see.). HAS All PaUCE. DEPARTMENT 89t'ee$' 0. Thatonly sworn law Worcernahtofficars6f the Hawaii Police Department who succeseuMy complete the appropriate HSI Task Force Officer cross -designation Training Courseand receive an approved Tesignation, Customs Officer (Excepted) — Trite1'9 Task. Fame Officer" (ICE Form n-001) Wili.bo designated as. Customs Officers (Excepted);. b, That each Iaw *enforcement officer will be bound by the Authorities Granted and the Endorsements and Restrictions asnoted on the Mesignation,, Customs Officer (Excepted) —'rille 19 Task- Force Officer" (ICE. Form 73401), c. To advise HSI` of each court proceeding in which the -4211dily of a Customs Offlcer (Exceptedys eriforcement authority becomes an issue, and OoW HSI'to provide legal memoranda or other assistance at deemed necessary by HSI; d. That`agency employees designated as Oust" Officers (Excepted) Will follow. HSI directives and Instructions , when t&fzJhq dniot4rnent 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 0-to officer's truthfulness or ability to testify In court; and. f. To raturn all HSPissued equipment and IdentifIcatlon when a ems -designated officer terminates employment of when his or her cross-dWgrsakion expires. a, That any Ouse of HSI crost-4asigne'tion authority may lead to ltheMvdcatlon of such cm�s� e;slgnatidrw by AS'I: and b. To. Schedule ppri6ft mebttm4s to review this MOUas required. 6: RVORTIM3 AND DOCUMENTATION. HSI SAC offices will maintain the original. signed Tasignation, Customs Offimr#Kpted) _.-rttle 1.9 Task Force Officer"(10E Form 73-001). Copies .of this form will be hold by the Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer (Excepted),, and the kawaii PoIiCe:DePartment It applicable, the HSI office will maintain documenlation or designated Custom Officem. (Excepted) approved to .Use I HSI v4lilclesand certification that the d esignated. Custom Officers (Excepted) have completed the ICE Fleet Card Training in Virtual University and any other.f1w related training. .ICE Farris 73-002.(V14) Page 2 of 3. S. POINTS OF CONTACT. HSIORkw SAC Honolulu HAWAII Voucp btPARTNENT Name: Brandon Silva Name: Kenne-th Bugado Jr. Tibet Program Manaqer/Special Agent Tift Deputy Cheif Address: 595 Ala Mona' Blvd. Addrfts: 349 Ka0iolani Street Honolulu,- Hawaii 96813 Hilo., Hawaii, 56.7-20 TelophoneNuMber, +1 (.808) 216-4094 TeWphoneNurnbi6r: +i (808) 961-2245 FaxNumber +1 (U$) 522-5,852 Fax Number. +l. (Boa) 935-3311 E-mahAddrew. branddn,j,silvaQiae.dhs:.gov E-mallAddress'. kenneth.4bucjadq0hzwaiicounty. 7, OTHER PROVISIONS, This MOU Is an Internal agreement batmen the POrtles and dam not confer shy light% pivaege3, or benefits to any other party or the pubtm Nothing In ft MOU Is Intended to conflict. with current laws, regulations, or polldes of either Party. It a term of ft MOU is h-moroweamith such authority. that term shall I be invalki but the rerna"intrig i onns end condltl=3 OfthiS MOO $halt MMAInlrl M force and effect. Nothing in this MOU Zs Intended or shall be construed to requIre the obligation, appropriation, or expenditure of airy money tmm taro U.S. Treasury In vibladon of the An4LDefiderwy Ad, 31- U.S.C. % 1341-1619. The kond and authorities referenced herein may be,renamed or replaced by HSI,without p*udIca tolhii MOU. 8. EFFECTIVE DATE. Tho Wm%s of this MOU Mn because oftbdW on the date the last Party Mons the M= The Designifth Form of each Custom Officer (Eyzeptod),Is effecl!ye Wthe date on that docu.ment. 9. MODIFICATION,Tris MOU maybe amended by, the Written coricurrance of both Parties, 11. TERMINATION. This MOU may be'termInat6d by either Party upon a 34day written notification to the other Party. APPROVED BY: JOANNA K. -1P Nane Of H.SI. officlal, Narrieof Hawaii PO 'sOfflclal sPkCIAL:AdENT fN CHARGE TWO of Hst Off cw limneland Securily Investigatlons U.S. Imnugrafian im Custom Enfdr6ainent Datir: utr.F Or POLICE Title of Hawaii P0 lsotficiaj Name of - -- . - r 't Agency Datix MAR 6 2017 ict Fatin 73-0o.2 (5114) Page 3 a3 EXPIRATIONDATE, HSI Credential Number Badge Number - (if DEPARTMENT MENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement DEStGNATION, CUSTOMS. OFFICER' (EXCEPTED) — TITLE. 1.9. TASK FORCE OFFICER (Homeland Security lhvesti pitons DI fac Ova 114-02) Puirsu4nl to, the:provi4oha of'19 U.S.C, 4 1401 ([),and as delegated, an by: agreement with your employing:agency,,you arv.heieby *sIgnateda Customs oft -of (E;Kcepte4vvith.ouladditional oomponsattoit, r$dW19Ti4kF6me Ghlcer(.IrO),This -deognilion.,,f& the perrairnevirm of. � ph duties as ouffined-balow, ��Il:be i6 effect �rhlla' - u re unless su you mein in present position- and location until the expiration date nsvokod at an earlier data; 16 performi".1he duties at a TFOj: you will be 3u6jOcita guidelines, directives, and'instructionsd(ft Department of Homeland .Security. (OHS),. U.S. Immigrow and *(HSI);.Arrangements: Will be made Wyou to receive the training rie�ryta perform your dUtiietas a TFO-6'=rdn'g to HSI biracrive-14-02; 'Law Enforcement bftars De6tgnated:toAct as Customs bfflom (Excepted) for lcrvkigiitive Purposes — Dcirhestlt?. dated May 7,,20141-or, as updated, D04flonof0isitneo Onignatipos Orldei this Dirictiv&ara valid for a 0edW o(2 ye�ars from'lho.dw= a the Co6 leted, Title 19 TFOB I =73-W1 maybe redesignat6d,for an additional 2 years.uponwithout additional, training, upon the corriole4orii-cif a ne�v Designation Form, (thia form), Redeisighatlo must be i6-.6mpIished'b6fbre the exp;rafion of the originial:designallon, Tits- 1911FOs must attend the-TFO Course no less than every 4 years to remain desfqndted,. 1. TFO's Full. Legal Niamer 2. Last 4 ol[*Sociii Sqwrity Number, :3. Date of Birth" — NO ACRONYMS), 4, Parent Agency (Full ,, r, 4Numbsear Phone Nume b gencv E-mail: 4 4 Pa rent A Address. suvqt 5. ParentAqeppy Posidpri/Rank: B. Par, entAgency Badgje Number: City state 7jp C0.06 T. Parent A41ehcy SupmAsor. 7a. Phone: 7b, E-mail; 8. HSI.DesIgnat6d Supervisor. Ba. Ph6ha'.­ 8b, E=mgfl 9- HS t Office Ass$gntJ& 10. 06046iti4n/Radertillcatiori Oate (Certification expires 2 years from)? ([Tala of training completlon or dafe reoef4ed'by the 8A4 for an : iddftimatl"Am prier1oaxpitalkio of 44t Zyeem) 11. CanceltatiorAevoked Date., CanwIlatioin AuthadzInq*Signature . (Hs!): (!E#*4 years frorn data aborvei'(*10), If-rio signature oraseri). 12, TFO Status? Full-Tirm., ATFO Who is p4oda . ledwl .. th H'St and It working di ractly for. an H5Vrirsl� or sK6nd-lina supervisor fol"a mihirntihiofld haute pcf week . . L. . ' 'DHO and is sibrilficarrily ociniributing' to friVe sfiga Ilion S..JIGE ce i 9-M 8# M quiredl n Part-Tln-w,; A TFO Who I I s co -I . ocated with HSI and ta.worklng dt . roct[y for an HSI first- or second st�pervitorlor a rninirritim at 8 hours per 'week and . ti� significantily ciorrtflibuitln'g to Investi4akrit V (ICE or. DHS e-mail Mau Im d.) f on-Call;A TFOwIrio does n0meettne standards of either a Prart-Time or Full -Time upon to assist HSI`, lnclu�dln4 . orricers working strictly Lin B unHorme'd capacity, who does. not rt port directly to HSI. (ICE br-DHS o-makrocommended; mquited to fiyarmad.) 13.. AuthoirWes Granted: Only the markea duties- are WhorizOdficr the TFO. a I with fedora law,, that he 0ir Carry 4 firearm.i inccordanco 'sfieis authorized and qualified to carrybyh(3 oirherpary agency while an duly, ants, subootiflas, summonses, and 6ter procetses Issuad.under the a0thority'orthel United gi"tq and serve orders, search warrants, arrest warrants, States, in acoor4ance with laws administered and/or enforced by HSI. . warrant . fbfarty offense against the VnitiadStstes committed In -his ocher presence or for A.felony,N cnizable under the laws of Make. arrests,v . thoL u q4 Urlftoc(Staths;commuted outs . Ida:, his or her presonce'tor vvfi.16. qumaemt ptabaib le c*uso. diiists, Perform other %w*&d6rcement duties which, may be audicifted'undai 49 U.S.C, § I r7896. Make seizures at property In- compliance with th6 Constitu0cit of the United States- and the, Customs laws. Cond6ci customs bordet siarchos for rnerchandise.baing imported into or exported from the United States, and detain such persons or A66as '. .M 6re under the laws of the UnitedStates. clecassary,to thad and Of as otherwisemay be 4ubjkt tO Bak Ell Ottrer authorities; IC I E . Forrn 713-obi (5tl 4) Page t or 2 14. Endomernents, gn6Restrictions: The following marked endorsements' and restActlans. tpply- to the TFO: This clotignation fbqrrn Is INVALID WMthout acc6rnpanylng HSI Identifica . Uon and employing. agency . Identification. TM TFO shall Wow the Interim ICE Use of Fotce P.ollcV,,datod July 7, 2004, of as'Updated orsupqrsocled: 6n*fbrcaadmfnigitadvaxjl"onsoilmm(gratf6n* law. The TFO Will present for inventory his or her HS11-issued credentials (and badge, if applicable) every 6 months or upon r#clWst of the HSI supeNiso.r. Prior to using the au*9th3s gtantad. by this do , ilghation, notification WOW- made to an' HSI supervisor oedcslghee. (This restriction is wandbtoq fbr, On-C211 TFOi; and Is othervAse:dIscreUo(T4ryt) The TFO is: authorized to fly armed while conducting official HSI' businepi. (ICE or OHS p-malt required.);: ThOFO is.wthatizerd tqop6rate a governmentowned veOiclii (GOV) In a6doMm6a With H$I'0;i*. Other adorsementi3 and Restrictions: ''Petmitied `to utiliie parent Lssv4d BWQ" per Direc(Liv6 .21-4: "Refer to HSI DirectNo:114-02, "Law Enf6rcorrW.nt;L.Officers D * s$146ited to-Actis Customs D111cars (Excepted) fof lny"flgative Purposes - dated may 7, ioiA,orai updated; fora ce'rnplate.explanaltIo6 of authorities, endotieffwftts, and restrictions,. f 5JFO'0' Acknowredgignidhi, 16. Authorizing Officer (HSI SAC):: I haver read and tinder3to)1d Om authodilos Granted to me ind the ondorsoments and . msOctionsi 1104 above and In. Me rafaroncod Printed Name 6 ireave. 'rids x Task Forc* Offloors Signature- Late vwatura Date ALrTHORJTY. Irilbrmallon about you, is gt,Task Force CAw (TFO) Customs officer, is tollwad and.,maintalned pursuant to the prpvl* orrs of 19-UlS.C,§ 1401 (o, eponopriWi and by agnemint: withI your employing agency. Throtigh the Tltia 19 program; HSI enter* into agreements *tWhad"eli suits and local law enforcement agencies to delegate jo the agancles'Law Enforr4ment Officers (LEOs) the authority to enforce certain federal laws. As a r esu it, HSI Is authorized to delegateftj I Ja%W f6 of t st6: (ode .the: 0 rartge o an rcompntdutfes' a Customs tal. state And tobal law enforcement agencies, PRINCIPAL PURPOSE(5) i Yourintohnatlon Is collected on thls.fotm to,ackn.`owladg6 your -selection and;deslgnadon as a Customs Othcor, ROUTI . 149. . pSe(S);, Pursuant to the routine uses published. in DHS/ALL-023 Department of Homeland, Security Personnel Security Manage . m6nt syilern of i(inkrmation-withf6d0ril, state, lots) tribal; aqenties it: the Re�ordgf4br"ry 23, 20i() 75 FR1688),, HSI may share M foreign, or informatiory 14,relevant andnecessarytoHSift:a6clsidn to delegate authority or issue 'a 5 . Gc6rity cie-ar-ance-(o You. DISCLOSURE 1hedisclosure ofInRu"UononthIs-f6ftni3 voluntary, hbrivever, tenure toprovide the Information requested will disqualify you kern further. Participation in the Title i q Frogran ICE Form 73-0010/14) Page 2 of 2 MEMORANDUM OF UNDERSTANDING between HAWAII POLICE DEPARTMENT and THE UNITED STATES DEPARTMENT T OF ROME. I LAND SECURITY. HOMELAND SECURITY INVESTIGATIONS.HONOLULU regarding ENMEDDING HST SPECIAL AGENTS WITH THE HAWAII POLICE DEPARTMENT I.. 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 (Weinafter referred tows "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 06thority to enter into this agreement, under the provisions 6fthe Home'land Security Act of 100.2 (Pub. L, No..107-296); 19 U.S.C. 15 89a; 21 U. S.C,"4873; 8 U.S.C. § 1 103(c), and'18. U.S .C.,§ 98 1 (q)z. HSI Honolulu is grantedlaw qnforce'm ent au,thority pursuant to 8 U,$.C, §4 357 and 19 U 'S.C. § I589a, and HSI Honolulu has jurisdiction to enforce violations listed under, but not limited tojitle�,s l.-a and 19 of the Unite.dd 'States Code. Nothing ifti: ' .1 this MQV should be construed, as limiting or impeding e.'basic spirit of cooperation that exists between,the parties. PUR110S.E The purpose of this MOU is to formalize the embedding of HST Special Agents with the HPD. 4. DEFINITIONS/ ACRONYMS. Hawaii Police Department (HPD) United States Immigration and Customs Ehforcdment (ICE) Ho.me.land Security Investigations (HSI) United States Department Of Homeland Security (IDHS) 5. PARTNEMHIPAND INVESTIGATWE RESPONSIBILITIES, HSI Honolulu Special Agents will workofficers jointly with police ocers� ofMI) - on investigations that fall within the purview of the investigative igative authorities of HSI. HPD will provida a secured -space within their facilities for the HSI Special Agents and their associaied.equipment at no cost to HSI, to i . nclu& 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 c6ftiMunicatc over HPD- designated UHF/VHF radio frequencies -on HSI radio equipment f6r law enforcbinent operations pufposes. Status. reports between HSI Honolulu and HPD are not required. POINTS OF CONTACT. Lucia Cabraj-DeAnnas Special Agent in Charge Homeland Security Investigations. 595 Ala.Mobna Boulevard Honolulu, Hawaii 96813 Email: fiicia.cabral-dearmas@-hs.i.dhs.gov Phonw (808) 532-3750 Benjamin T. Moszkowic.z Chief of Polite Hawaii Pdlioe.Dppartment 349 Y�apiolani Street Hilo, Hawaii 96720 Ehi4il..'Benj6,min.mos2kowibz@bawaiie.oun.ty..g6v Phone: (808) 368-0680 6. SUPERVISION, Nothing in this MOU is to be construed to limit HSI Honolulu in the command and control of 10 assets or personnel, HSI Honolulu will be responsible for the: day.-tc�.-dA)r.bperittional,:s)uper'vision p A Administrative control as Well as personal and professional conduct of its special Agents e.mbedded Within the HPD, DHS-ICE policies wilt.goverri the conduct of HSI-Honql6lu 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 WE Office of the Principal Legal Advisor and the U.S, Attorney's Office. 7, LIABILITY. Eadli'participatitig agency is rwponsible:and liable for the acts and omissions of its officers, agents; or employees inconnection 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 a,;aflable to HSI`H.6nolulu. The participating agencies agree-- that, except As, otherwise noted in this MOU or allowed by federal law, they will be respousible,for their liabilitv and bear their costs with regard to their property and.resources; at personnel expenses. All personnel; resources, equipment, and -services contemplated. under this,.Agreer . nent will be furnished at the expense of each respective Party owning -14e equipment and supplies and employing the personnel. NaParfy will be held. - 'ble for the costs incurred by the other Party responsi or be entitled to compensation for assistance provided. No liability, right or benefit associated with any employer -employee relationship shall be implied bythis 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 tight to insurance �or any other employment right of a ParVs 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 anyinsur.ance or pension plans of another- Party due to the employee's participation in: the performance,of this Agreement,. Nothing ia'this Agreement; s*all:imptite a duty to levy additional. taxes, appropriated funds, or enter into specific terms of f a collective bargaining unit to effectuate this MOU, HP1) agmes to cooperate with: any federal investigation Mated to this MOU to, the full extent of its, available powers. 8. SUBPOENAS. HS1 Honolulu,,as a,fedetal agency, 1 , s not bound to coniply with state subpoenas.for inflo, rmafion,, evidence, or. testimony.;;however, I vet, the ICE Office ofth6"Pinifteipal Legal Advisor hM- the authority to authorize thorize compliance with the same as long as disclosure of the information is not prohibited by federal statute; regulation, or D88 policy. 9. 8VIIJENCE., Seized evidence and othetTOlated forfeitures will behandled in a manner consistent with the seizing/f6r&iting law, enfidrcernenfagency'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 tothe requesting party. will be in accordance with thepolicies 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 enf5rcemeht techniques, of include any i0brmAtion protected by federal - or state privacy law or Federal directive or policy. I L OTHER PROVISIONS.. Nothing_ in this MOUis intended to conflict with the current law of regulation or the directives or policies of DHS and/or ICE. if a tenn of the MOU is inconsistent with such authority, then that term shall be inv,alid, but the rernainingterms And conditions of this MOU shaU remain in full force and. effect, Nothing in this MOU is intended or should be construed,. to. creale.any right or benefit; substantive or procedural, enforceable by law by any third party againsttheUnited States its . agencies, officers, or. employees. Further, no.ptovision 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- 15 1.9.Each agency is responsible for any expenses it incurs as a result of activities under -this MOU. Ne.ither'Ag6ricy 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 commitirient-of funds, or a basis -for transfer offunds, but rather a basic statement of the ubderstandiiia.b6tween the parties of the matters described herein. Expenditures byeach: party Will be subject to its budgetdry'pro6esses and the Availability of funds and resources pursuant to applicable laws,. regulations, and Policies- The parties expressly :acknowledge that the he 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 oftheparties. 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,. orany.Shatter arising under this MOIJ, that cannot be resolved at the operating level-, the area(s) of disa oment shall be stated in -Writipg� by each party and gre presented to the respective signatpries 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. 15, TERMINATION, This MOU, as modified with: the consent of both parties willterminate upon agreement of the parties,. Each party may, upon 30 days' written notice to the other party, terminate this agreement. 16. APPROVAL AUTHORIZATION. By sigfubg ffiis MOU, each party represents (bat it. is ffilly authorized to enter into this MOU,. accepts ;the terms, responsibilities, obligations, and limitations of t his MOU, and understands to be bound theretoto the fullest extent allowed bylaw, Reviewed by: BenjaMin T. Mos7 owic Date g U Chief of Police Hawaii, Police Department 01g(W1y %1Vtdby WC1A 5 CABAAL D9 AMW DA�c 202311.15 1 i37.10 Lucia Cabral-DeAnnas Date. Dakota Frenz Date Deputy Corporation Counsel County of Hdwa.ji. C. Kjmo Alameda Special Agent in Charge Mayor Homelarid Security.InvestigAtions County of Hawaii Honolulu; :Hawaii Date j t FOR OFF)CIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION HONOLULU SAFE. STREETS TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES 1, This Memorandum of Understanding (MOU) is entered into by and between the. Federal Bureau of Investjgatidn .(FB1) and the Hawaii County Police Department. Clothing irk this MOU should be construed as limiting or Impeding the basic "spirit of cooperation which exists between these agencies. AUTHORITIES 2. AUthority-for the FBI to enter into this agreement can,be found at Tine z8, United States Code (U.S,C.), Section (§} 533, 42 U,S,C, § 3771 Title 28, Code of Federal Regulations 0..85; and applicable. United States Attorney Generals Guidelines. PURPOSE 3: The purpose of this MOU is'to "delineate the responsibilities of Honolulu Safe Streets "task Force (SSTF), This MOU is not intended,` and should not be construed, to create any right or benefit, substantive, or procedural, enforceable at'iaw or otherwise by any third party against the parties, the United States, or the officers, employees; agents, or other associated personnel thereof. MISSION 4, The mission of the SSTF is to identify anti 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 fugdives where there is or may be a federal investigative interest. The SST>= will enhance the effectiveness of federakatedlacal law enforcement resources through a well -coordinated initiative seeking the most -effective; investigative/prosecutive avenues by which to convict and Incarcerate dangerous offenders. SUPERVISION ANO CONTROL. FOR'OFFICIAL USE ONLY This document is the Mperfy of the Fgl and ls. Iaaned to your aten Neither It not its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY A. Supervision 6. Overall management of the SSTF shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the Honolulu Division shall designate one, Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF Supervisor rnaydesignate a Special Agent to serve as the Safe Streets Task. Force Coordinator (Task Force Coordinator). Either the SSTF Supervisor or the Task Force Coordinator shalt oversee day -today operational and investigative matters pertaining to the SSTFi 7. Conduct undertaken outside the scope of an individual's SSTF duties and assignments under this MOU snail not fall -Within the oversight responsibility of the SSTF Sup ervlsoror Task Force Coordinator. As stated. In paragraph 74, below, neither the United States nor the FBI.shalt be responsible for suchcondu'a, 8, SSTF personnel will be. subject to the caws, regulations, policies and personnel rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureati's ethicai standards, including Department of Justice (pOJ)/FBI regulations relating to outside employment and prepublication review matters; and Vvi remain subject to theSuppiernental Standards of Ethical conduct for employees of the DO.i. 9, SSTF personnel will conflnue to report to their respective agency heads for non - investigative administrative matters not detailed In this MOO. 10. 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 Assignmenfs 11, The FBI SSTF Supervisor will be responsible for openil.g, pionitoring, directing, and closing SSTF,investigations In accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12, Assignments of cases to personnel will be Eased on, but not limited to, experience, training and performance, in addition to the discretion of the;S:STF 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 cars assigned. SSTF personnel will be responsible for complete investigation from predication to resolution. FOR OFFICIAL USE ONLY This document is the properly 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 C. Res.ou.rce Control 15. The head of each participating agency- shall determine the. resources to be dedicated by that hagency `to to the SSTF, including personnel, as well as the continued dedication of - those resources. The participating agency head or designee shall be kept fully appris.td of all Investigative developments by his or her subordinates. OkIRATIONS A. ItIvestigative Exclusiv.1ty 16. It Is: agreed that matters designated to be handled by the SSTF will not knowingly be sublect to non-SSTF law enforcement efforts by any of the participating agencies. It Is !Pcumbqnt on each agency to make proper internal notification regarding the SSTFs existence and areas of concern. 17. It is agreed. that there , is to be no unilateral action taken on the part of:the FBI or any participating- -agency relating to SSTF investigations or areas of concern as described In paragraph 3. AD law enforcement actions will be coordinated and cooperatively carded out. 18. SSTF iNstlgative lead$ outside of the geographic areas of responsibility for FBI. Honolulu Division MI be communicated to other FBI of6ces for appropriate Investigation. B. Carifiden.tial Human Sburces I 0. The disclosure of FB . I Informants,, or Confidential Human Sources (CHSs}; to non-SSTF personnel will be lImfte,<J to those situations where it. Is essential to the effective performance of the SSTF. These disclosures will. ba: consistent with applicable FBI guidelines: 20, 'Non-FE31 SSTF personnel may not make any further disclosure of: the identity of an FBI tHS, including to other individuWsassigned to, theSSTF.. No 'documents whfth identify; tend to Identify, or may'Indirectly Identify an FBI OHS may be released without prior FBI approval. 21. In those Instances Whete a participating agendy provides 6 OHS, the FBI may, at tale discretion of th e SAG, ;become solely res06nslbl,& for the CRS's. continued .. d evelopmPht, operation, and, compliance with a m I necess. tyadi fn'strafiveoroceduresre,gardingap6ration and payment as set forth by the FBI. 22, The United States Attorney General's Guidelines and FBI policy and procedure for PperatingT81 CHSs shall apply to all e e FBI CHSs opened and operated In t.rib rance.of SSTF Investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with F8 l,pollcy and procedure4 . 3 FOR OFFICIAL USE ONLY This documeht Is the property of the FBI and is loaned to your a Neither it nor Its contents may be released without authorization by FBI rea7cq'uarters. FOk OFFICIAL USEONLY 2.3. Operation,:docurrientation, and payment of any 6H$ opened .and operated in furtherance of an n SSTF investigation must be In accordance with the United States.-Aftorney General's Guidelines, reg ardless 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 b6 prepared. in compliance with existing FBI policy, Subject to pertinent legal and/or policy' restrictions, I copies. of pertinent document I s created by SSTF personnel will be made available for inclusion In the respective InvestigAtive agencies' files as appropriate. 25.1 SSTF reports prepared In cases assigned to SSTF personnel will be maintained titan FBI approved location, odginAll documents w will be maintained by the FBI.. 28. Records and reports generated in SSTF cases which are opened and assigned by the FBI SSA with designated oversight for inv6sUgatiVe and pertorinei'mattws will be maintained In the FBI InvestlgatrV6 file"f6r SSTF. 27. SSTF investigative records maintained at the Honolulu Field Office. of the FBI will be available to all 8$TPperso:n06l, as well as their supervisory- and command staff subject to pertinent legal, administrative andtor policy restrictions, 28., Mevlcfphce and Qriglnal tape rew6ording§ (audio and video) aNuIredby the FBI during , the. course of the SSTF investigations will be maintained by the FBI. The FBI's rules 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 unapproved FBI location, Placement of all or paft of said Information into participating agency files -rests with the discredori of supervisory personnel of -the concerned agencies, subject to SSA approval. $0. Classified Information. and/or documents containing information that identifies or tends to identify an FBI CHS shaWhot be placed in the . files of pprticlpat�ing tge.ncles.u.nless appropriate FBI policy 6ky hat been satlsfljed,l :31, The Parties aanowledge that this MOU may provide SSTF . personnel with Access to Information !bo'LA'U,SV Persons which Is protected by the,Privacy Act of 1974 and/or Executive Orde'r 12333, The Parties expressly agree that all such information nformation Wit be Handled lawfully pursuant to the provisions thereof, The Parties further agree. that ifthis -access to lhfOrmation by SSTF personnel requires 9 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 ofthe FBI and Is loafted to your pgn%, May �e rejeaSed without polhodZ�ti6 c Neither it nor,its contents ri'�y FBI e� quad&s. FOR OFFICIAL USE ONLY INFORMATICiN 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, maybe 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 directly. likewise, SSTF personnel will not provide any participating agency Informationto.the FBI that is not. otherwise available to it unless authorized by appropriate participating agency officials.. 33, Each Party that discloses' PH is responsible for making reasonable efforts to ensure -that the informatlori, disclosed is accurate,. complete, timely, and relevant. 3.4. The FBI is providing access-- to information from its. records with the understanding that in the event the recipient becomes a,waire of any inaccuraciesin the data, the recipient will promptly notify the FBI so that corrective action can be taken, Slmilarly, 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 forensuring 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 Taws, regulations, policies; or procedures applicable to the disclosing Party. 36. Each Party .will irhmedlately report to the other Party each instance iri 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 PROSE UTIONS 38. SSTF investigative procedures, whenever pra-dcable, are to conform to the requirements which would allow for elthbrfederal or state prosecution. 39, A determination will be made on a case -by -case basis whether the prosecution of SSTF cases will be at the state or federal level, This determination v*II be based on the evidence obtained and a consideration, of which level of prosecution would be of the greatest benefit to the overall objectives or the SSTF.. 5 FOR OFFICIAL USt ONLY This document Is the property of the FBI and is loaned to your aggency 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 jUdsdiction 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. Investlgative. Methods7Evidence 41. For cases assigned Wan FBI Special Agent or in which FBI CkSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic stirveillaince, 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 investigative methods employed by FBI case agents shalt conform to the -requirements of such statutory or common law pending a decision as to venue for prosecution. 42. in all cases assigned to state, county, be local law enfnrcerfterit participants, the parties agree to utiNza federal standards pertaining to .evidence handling and. electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatestextent 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 requlrernents Of such statutory or common law pending a decision as to venue for prosecution.. 43.. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reportingprocedures in connection therewith WO be consistent with the policies and procedures` of the FBI. S. Undercover.Operat ions 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 arr employee of the participating agency is assigned dudes which require the officer to .act in an undercover capacity, USE OF LIESS-THAN-LIETHAL:-OEVtGW 45. The parent agency of each individual assigned to the SSTF will ensure that while the individualis participating in FBi-led task force operations In the.capacity of a task force Pursuant to Section Vill of the obi Less -Than -lethal Devices Policy dated May 1.6 2011, all stateflocal officers participating In joint task force operations must be made aware of and adhere to ihe.pol►cy and Its limits on b6i officers, 6 FOR OFFICIAL USE ONLY Thrs document is the property of the FBI and Is loaned to your agencyy: Neither it norlts contents may be released without authorization by FBI Headquarters. FOR OFFicIALUSE.ONLY officer, task force member, or task force participant, the lridMdual will carry only lass 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 Ahe 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 !pant are consistent with the DOJ policy statement. on the. Use of Less -Than -Lethal Devices, DEAD12Y FORCE: AND SHOOTIWG INCIDENT POLIdws 47. SSTF personnel will follow their own agencles' policies concerning firearms discharge and use of deadly force. DF-PUTATIONS 48: Local and state.law enforcement personnel designated to the SSTF,. subject to A limited background inquiry, may be sworn as federally deputized . lzed Special Deputy United States Ma - rshals, with the FBI securing- the required deputation auftrization, These deputations Ohouldremain in effect throughout the tenure of each InvWIgatot's assignment to the SSTF or until the. lermination.6fthe SSTF, whichever comes first. 4.9,. Deputized SSTF personnel will be subject to the ru . les and regulations pertainTng to such deputation. Administrative and personnel policies Imposed by the participating agencies will not be voided by deputation.ol"their respective personnel. VEHICLIES 50, In furtherance of this MOU, etriployees of LEA may be permitted to drive FBI owned or .leased vehicles for official SSTF business and only in accordanpe With applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (043017) andthe.I GoOmmen(Vehicle Policy Implementation Guide (043OPG). The assignment of an FBI owned or leased vehicle to LEA SSTF personnel will require the execution of ti. 'separate Vehicle Use Agreement., 51. The participating agencies :agree that, FBI. vehicles will not be used to transport passengers unrelated to StTr, business, 52. The FBI and the United Staies 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 he use�'of an FBI owned or teased vehicle utilized by LEA SSTF personnel except where liabil . ity may left It under the provisions of. the Federal Tort Claims Act (FTCA), at discussed in, the Liability �Section herein. below, i FOR OFFICIAL USE ONLY, This ddcurrient'is the property of the FBI and is loaned to your agency tray it nor its contents �y be released without authorization by FBI quarters, FOR OFFICIAL. USE ONLY 53. The FBI and the United States shall not be responsibie for any civil liability arising from the use of an FBI owned or leased vehicle by LEA task force.personnel while engaged in any conduct other than their official duties and assignments under this MOU. 54. To the extent permitted by applicable law, 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 personnei.which is outside the scope of their official duties and .assignments under this MOU: SALARYIOVERTIME COMPENSATION 55. The FBI and LEA, remain responsibie 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:. 66. Subject to funding availability andlegislative authorization,'the FBI will reimburse to LEA. the cost of; overtime workgd by non-federal SSTF personnaC assigned full -tune to SSTF; provided overtime.exp-anses 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 Cost Reimbursement Agreement.must be executed between the FBI and LEA for full-time empioyee(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 subjeO 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 ln.connection with authorized investigations and/or operations and Is in the. custody and control and used at the direction of SSTF, will 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'appiicabie laws, regulations, and policies. The parties expressly a FOR OFFICIAL USE ONLY This document is the property of the FBI and loaned to your aggen% Neither it norits contents maybe released without authorizatton by FBI Hea quarters. FOR OFFICIAL USEONLY acknowledge that the -above language in no way implies that Congress will appropriate funds foi such e4enclitur6s. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federai 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 attributabfe to SSTF Investigations may be equitably shared with. the agencies participating in the SSTF. DISPUTE RESOLUTION 61, In cases. of.ove,dapping jud$diGtlon, the participating.agencies agree to work in concert to achieve the SSTF's objectives. 62, 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 accorcding to FBI and participating agency guidelines, 64. Press releases will conform to DOJ Guidelines regarding press releases. No release Wl) be issued without FBI final approval, SELECTION TO SSTF AND SECURITY CLEARANCES 65, If an LEA candidate for the SSTF will require a.secudty, clearance, he or she will be contacted by FBI security personnel to begin the background iinvestigati'on process prior to the assigned start date: 66. 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 F_81 field office security policies and procedures. 'During the briefing, each candidate will execute non -disclosure agreements (SF�312 and FO-868), as, may be necessary or requited by the FBI. 8 FOR OFFIctAL USE ONLY This document is the property of the F81 and is loaned to your agenc __, Neither. it nor its contents may be released without autho'rtiAb6h by F81 Headquarters, FOR OFFICIAL USE ONLY 68, Before recelving unescorted access to: FBI space identified as on open storage facility, SSTF personnei Will be required to obtain and maintain a "Top Secret" security clearance, SSTF personnel Wit 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 non -disclosure agreement to which he or she previousiy.agreed. UABILITY 70, The.partidoating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, artsing 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 ndtice; `concerning or arising from tile, conduct of personnei assigned to the SSTF or otherwise relating to the SSTF, The participating agency acknowledges that financial and civil liability, 9 any and in accordance with appiicabie law, for the acts and omissions of each empioyee detaiied 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 oer assigned to the SSTF, the officer may request legal representation and/or defensefficby DO.I, 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 FICA, 28 U.SI C. § 1346(b), and §§ 2671- 2680 .An individual assigned to the SSTF who is named as adefendant in a civil action. as a result of or In connection with the performance of his or her official.duities and assignments pursuant to this MOU may request to be certified by`the Attorney Generai or his designee 'as havil�g acted within the scope of federal employm.eht at the time of the incident giving .riseto the suit, 28 U.S C. § 2619(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 FfCA, and the claim Wii proceed against the United, States as Sole defendant. 2$. U,S..C. § 2B79(djt2): 'Once an Individual is certified as an employee of the United States for purposes of the FICA, the':Unite.d States is substituted, for the employee as the sole defendant with_respect to any tort claims~ ,Decisions regarding certification of employment under the FICA are made on a case -by -case basis, and the FBI cannot guarantee such cedif eationto. 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.&C: §.1:983 or Givens v: Six Unknown Named Agents of -the Federal136reau of Narcotics, 403'U-.S, 388 (1971): An Individual assigned 1.0 FOR OFFICIAL.t1SE ONLY Thfl document is the property of the FBI and is loaned bq your agency. Nelther It nor Its contents may be released without autharizag6n by FBi Headquarters. FOR OFFICIAL USE ONLY 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 ofriicial duties and assignments pursuant to this MOO may request individual -capacity representation by DOJ to defend against the claims. 28 C,F.R, §§ 5015, 5016. Any such request for indlyiduat-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 Generat Counsel. In the event of an adverse judgment against the individual; he or she may request indemnification from DOJ, 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ an a case -by -case basis: The FBI cannot guarantee the United States will provide legal representation or indemnification to any SSTi= personnel. 74, i+iability for any conduct by SSTF.personne.1 undertalten outside of the scope of their assigned duties and responsibilities under this MOO sha11 not be the responsibility of the FBI or the United States and shag be the sale responsibility of the respective. employee andlor agency involved. DURATION 75: The term of this MOU is.fdr the duration of the. SSTPs 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 mattem or program manager of'the>SSTF at least 30 days prior to withdrawal, 77;, Upon termination of -this MOO, all equipment provided to the SSTF will be returned to.the supplying agency/agencies, in addition, when an ,entity withdraws from the MOO, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpendetl equipment supplied by the withdrawing agency during any SS'tTF participation. MODiFICATIONS 78, This agreement'may be modified at any time by written consent of all involved agencies. 79. Modifications to this MOO shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency, II FOR OFFICIAL 1.15E ONLY This document is the property of the FBI and is loaned to your agency. NelthO it nor its contents maybe .released without authorization by FBI Headquarters, FOR OFFICIAL USE ONLY SiGNATQRiIrS Special Agent in Charge Federal Bureau of investigation Chie . eriff Law Enforcement Agency Date MAY 3 0 2014 Date FOR OFFICIAL U§E ONLY This document Is the property of the FBI and is loaned to yourag�envcyy Neither it nor its contents may be released without authoriza, Uoh by FBI Headquarters: