Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

fund the Social Security, Medicare, retirement, and workers compensation benefits associated with participation in this task force. These benefits are approximately 36. 917% of overtime, and are estimated at $ 2994. If funding is not available from the police department' s budget, a budget amendment will be required at year -end for the City' s match. 4. Recommendation: 4. 1. I recommend that Council approve the Fiscal Year 2011 MOU and related appropriations documents, set at a maximum of $ 3, 000.00 and $ 7, 500. 00 respectively, and authorize the Police Chief to execute the documents. 2 Reviewed and Submitted by: 11/ 12/ 2010_ Ted Litschauer Date Police Chief Reviewed and Concur: 11/ 16/ 10 Brandy Wunker Date Financial Director Reviewed for Agenda: 11/ 18/ 10 Robert T. Mearns Date City Manager Attachments: Memorandum of Understanding Appropriations documents, numbers: JLEO -11 -0246 and FATF -I1 -0246  Ito United States Marshals Service Regional Fugitive Task Force -- Memorandum of Understanding PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the Fort Walton Beach Police Department and the United States Marshals Service ( USMS) pursuant to 28 U.S. C. § 566(e)( 1)( B). As set forth in the Presidential Threat Protection Act of 2000 and directed by the Attorney General, the USMS has been granted authority to direct and coordinate permanent Regional Fugitive Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives. The authority of the USMS to investigate fugitive matters as directed by the Attorney General is set forth in 28 USC § 566. The Director' s authority to direct and supervise all activities of the USMS is set forth in 28 USC§ 561( 8) and 28 CFR 0. 111. The authority of United States Marshals and Deputy U.S. Marshals, " in executing the laws ofthe United Statics within a State ... [ to] exercise the same powers which a sheriff ofthe State may exercise in executing the laws thereofis set forth in 28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2 & 15. See also) " Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of Investigation" concerning the " Authority to Pursue Non -Federal Fugitives ", issued by the U.S. Department of Justice, Office of Legal Counsel, dated February 21, 1995. ( See also) Memorandum concerning the Authority to Pursue Non -Federal Fugitives, issued by the USMS Office of General Counsel, dated May, 1, 1995. ( See also) 42 U.S.C. § 16941( aXthe Attorney General shall use the resources of federal law enforcement, including the United States Marshals Service, to assistjurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements). MISSION: The primary mission ofthe task farce is to investigate and arrest, as part ofjoint law enforcement operations, persons who have active state and federal warrants for their arrest. The intent ofthe joint effort is to investigate and apprehend local, state and federal fugitives, thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for investigation by the RFTF (Regional Fugitive Task Force). Cases will be adopted by the RFTF at the discretion of the RFTF Chief Inspector. Targeted crimes will primarily include violent crimes against persons, weapons offenses, felony drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a criminal history involving violent crimes, felony drug offenses, and/or weapons offenses. Upon receipt of a written request, the RFTF may also assist non -participating law enforcement agencies in investigating, locating and arresting their fugitives. Task force personnel will be assigned federal, state, and local fugitive cases for investigation. Investigative teams will consist ofpersonnel from different agencies whenever possible. Participating agencies retain responsibility for the cases they refer to the RFTF. Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center (NCIC) by the USMS or originating agency, as appropriate. State or local fugitive cases will be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the concerned state or local agency.  SUPERVISION: The RFTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Agency personnel must be approved by the RFTF Chief Inspector prior to assignment to the RFTF. Agency personnel may be removed at any time at the discretion ofthe RFTF Chief Inspector. Direction and coordination ofthe RFTF shall be the responsibility ofthe USMS RFTF Chief Inspector. Administrative matters which are internal to the participating agencies remain the responsibility ofthe respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. A Task Force Advisory Committee, consisting of representatives ofparticipating agencies and USMS RFTF personnel, may be established at the discretion of the RFTF Chief Inspector and will meet and confer as necessary to review and address issues concerning operational matters within the RFTF. PERSONNEL: In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task force are required to undergo background investigations in order to be provided unescorted access to USMS offices, records, and computer systems. The USMS shall bear the costs associated with those investigations. Non -USMS law enforcement officers assigned to the task force will be deputized as Special Deputy U.S. Marshals. Task force personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance oftask force operations. State or local task force officers traveling on official business at the direction of the USMS shall be reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws, rules, and regulations. REIMBURSEMENT: If the Marshals Service receives Asset Forfeiture funding for either I) overtime incurred by state and local investigators who provide full time support to USMS RFTF joint law enforcement task forces; or 2) travel, training, purchase or lease ofpolice vehicles, fuel, supplies or equipment for state and local investigators in direct support of state and local investigators, the USMS shall, pending availability of funds, reimburse your organization for expenses incurred, depending on which category of funding is provided. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% ofa GS- 1811 - 12, Step 1, ofthe general pay scale for the RUS. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted quarterly on a fiscal year basis, and which provides the names ofthe investigators who incurred overtime for the RFTF during the quarter; the number ofovertime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total quarterly cost. Page 2 of 4 TF Mou Rev. oeno  The request for reimbursement must be submitted to the RFTF Chief Inspector, who will review the request for reimbursement, stamp and sign indicating that services were received and that the request for reimbursement is approved for payment. Supporting documentation must accompany requests for reimbursement for equipment, supplies, training, fuel, and vehicle leases. VEHICLES AND EQUIPMENT: Notwithstanding the above, pending the availability of asset forfeiture funding and approval by the USMS in advance of any purchase, the USMS may reimburse or make direct payments to qualified third party vendors for vehicles and equipment purchased by the undersigned state or local agency in support of full time state and local investigators assigned to the RFTF involved in joint law enforcement operations. Such vehicle and equipment purchases are to be contracted for and titled in the name of the state or local law enforcement agency and must comply with requirements prescribed by the USMS pursuant to this MOU and applicable policies of the United States Department of Justice. Vehicles and equipment purchased by state and local law enforcement agencies with asset forfeiture monies provided by the USMS must remain available for exclusive use ofthe task force officers assigned to the RFTF by the undersigned participant agency for the duration ofthe task force. Upon termination ofthe agreement, usage and disposition of such vehicles are at the discretion of the undersigned state or local law enforcement agency. Pending the availability of funds and equipment, the USMS will issue USMS radios, telephones, and other communication devices to each task force officer to be used for official RFTF business. All equipment used by or assigned to task force officers by the USMS or an agency will remain the property ofthe agency issuing the equipment and will be returned to that agency upon termination ofthe task force, or upon agency request. RECORDS AND REPORTS: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the RFTF shall be retained by the agency in the RFTF responsible for the case. However, evidence may be turned over to other law enforcement agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws, rules, and regulations. Task force statistics will be maintained in the USMS Justice Detainee Information System ( JDIS) - Warrant Information Network (WIN). Statistics will be made available to any participating agency upon request. INFORMANTS: Pending the availability of funds, the USMS may provide funding for the payment of informants. However, all payments of informants utilizing USMS funding shall comply with USMS policy. USE OF FORCE: All members ofthe RFTF shall comply with their agencies' guidelines concerning the use of firearms, deadly force, and less- lethal devices. Copies of all applicable firearms, deadly force, and less -lethal policies shall be provided to the RFTF Chief Inspector and each concerned task force officer. In the event of a shooting involving task force personnel, the incident will be investigated by the appropriate agency(s). Page 3 of 4 TF Mov Rev.OM NEWS MEDIA Media inquires will be referred to the RFTF Chief Inspector. A press release may