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HomeMy WebLinkAboutPR 12088:TERRORISM TASK FORCEinteroffice MEMORANDUM To: From: Subject: Date~ Mayor, City Council, City Manager Mark T. sokolow City Attorney ~ ~ P. R. No. 12088; Council Meeting of February 18, February 12, 2003 2003 Attached is P. R. No. 12088 authorizing the execution of the Houston Joint Terrorism Task Force Memorandum Agreement. MTS/jb Attachment P. R. No. ~2088 02/~/03 ~b RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF THE HOUSTON JOINT TERRORISM TASK FORCE MEMORANDUM OF AGREEMENT BY THE POLICE CHIEF OR HIS DESIGNEE WHEREAS, the City of Port Arthur desires to enter into a Memorandum of Agreement with the Federal Bureau of Investigation (FBI) in order to outline a cooperative effort to combat terrorism; and WHEREAS, the City Council wishes to authorize John Tyler, Police Chief, Port Arthur Police Department to execute this Memorandum of Agreement in substantially the same form as Exhibit NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the Police Chief or his designee to execute the Memorandum of Agreement in substantially the same form as Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2003, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , City Council , z.pr12088 NOES: OSCAR ORTIZ, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK ~T. SOKOLOW, CITY ATTORNE APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER EXHIBIT "A" HOUSTON JOINT TERRORISM TASK FORCE MEMORANDUM OF AGREEMENT PREAMBLE This Memorandum of Agreement (MOA) is entered into by the Federal Bureau of Investigation (FBIi and the Fort Arthur Police Dcpaztmont (PAPD) ~nd outlines @ cooperative effort to combat terrorism. ARTICLE ONE: PurDos~.of MOA This MOA establishes and delineates the mission and struat~re of th~ ~otl~ton Joint Terrorism Task Force (JTTk') addressing the complex problem of terrorism affecting Southeast Texas. in The purpose of ~his MOA is to set out a common undersL~,d~r~g of the poli. cies a~d procedures Izhe PAPD and the FBI will follow in providing law enforceme~t service to the citizens of Texas and the United States of ~erican. ARTICLE TWO: The JTTF will investigate terrorist or'gsmizsliions planning or carrying out terrorist acts occurrlng in or affecting the State of Texas and will apprehend individuals committing such violations. The organizations to be investigated will be specifically identified and agreed upon be£oreb~fld by JTTF ~embe~ ~gencJ. e~. All parties agree to abide by the Attorney General's Guidelines o~ Get, oral Crimes, Racketeering Enterprise, and Domestic Security/Terrorism investigations (AG Guidelines) and the Attorney Guidelines for FBI Foreign Intelligence Collection and Fozeiun Counterintelligence Investigations as they pertain to International Tec'~'o~i~ matte£s. In addition, it is understood that personnel of the PAPD shall be requirRd to utilize only those investigative techniques consistent with their given standards and procedures. ARTICLE THREE: ORGANIZATIONAL STRUCTURR AND MANAGEMENT OF THE TASK FORCE The JTTF shall consist of a combines body of investigators from each participating agency. B. IDENTIFICATION OF OBJECTIVES The Special Agent in Chazge (SAC) of thc FBI and the Chief of the PAPD or their designees, shall identify, agree upon, and articulate specific organizations and investiqatiYe objectives or matters assigned to the JTTF. C. D.IRECTION OF JTTF AND RESQURCE CONTROL Responsibility for the overall policy and direction of the JTTF shall rest with an A.ssi. stant Special Agent In Charqe {ASAC) uf the FBI, who will closely coordinate with the Chief of I. he PAPD or Uheir desiqnces, on matters of mutual concern relati, ng to such p~,licy and direction, thus ensuring the abscnce of conflict. Specific control over their JTTV resources and the continued dedication of these resources to the jTTF shall be retai[~ed by the participating agency heads, who will be kept f;j].ly apprised cf all investigative developments by their respective subordinates- SUPERVISION OF JTTF Day-to-day supervision for masters assigned to thc JTTF snell be the responsibility of the designated FBI Senior Supervisory Special Agent (SS~) of the Beaumont Resident Agencv in conjunction with the PAPD. Respons. bility for the conduct of the JTTF members shall remain w~th the respective ~gency heads. Ail JTTF personnel will keep their respective superiors completelv informed cf pertinent developments. pHYSICA/~ LOC~TION AND SUPPORT subjec~ to availability, the FBI will provide office space for a]~ JTTF members and support staff. In addition, the f~I w~ll provid~ all necessary secretarial, clerical, automation, and technical support for the JTTF. F. COMMITMENT OF PERSONNEL The FBi wi~ assign an sSRA (1) and three (3) Special Agents. ?APD will assign one (1) Investigator from the PAFD. All members of thc JTTF will be assigned fuji-time to the JTTF. Continued assignment o~ members wi]] be made at ~l]e discretion of their respective agencies consistent with FBI and PAPD guidelines. ARTICLE FOUR: VEHICLES The JTTF agrees to provide the PAPD t=~k force me~,ber with a vehicle. The purpose of these vehicles is for surveillance, case management, and investigat4on, in connection with any JTTF investigation. The vehicle provided by the FBI can be used for official usc only in conn¢ctior~ with matters investigated by the JTTF. In furtherance of the mission of the JTTF and in compliance with existinw FBI policy for operation of U.S. Gover~ent vehicles, the FBI hereby agrees and authorizes meIabers of the PAPD in the JTTF to operate vehicles owned or leased by the FBI. The PAPD agrees to be ze~ponsible for ~_ortious acts or omissions on the part of the PAPD or their employees, and for any liabilitv resulting from use of F~7 owned oz leased vehicles utilized by the PAPD Task Yorce member, and for any damage to said vehicles as a result of any action or omission on the part of the PAPD or their employees. ARTICLE FIVE: RECORDS AND REPORTS Ail JTTF investigative ~ecords will be maintained at the Beaumont Resident Agency o~ the FBI. investigative reports will. be prepared on FRI forms. Decisions for placement of all or part of said investigative records into PAPD files or data bases shall rest with supervisory personnel of the FBI and the PAPD in compliance with applicable standaIds and procedures governing the Iespective partie~. Classified information shall not be placed i~ files. /G~TICLE SIX: SECURITY CLEARANCE/DEPUTATION Due to various United states, Department ~ Custice (DOJ) regulations and laws regarding classifi, ed information, prospective mel~srs of the JTTF who do not possess Top Secret clearances previously granted by the FSi/DOJ will be subjected to full background investigation(s) with assignment contingsnt upon receipt of 8ppropriate security clear~nce(s) . Ail non- FBI personnel will be sworn in as Special Deputy U.S. Marshals. Security clearances will be granted for any applicable and relevant PAPD m~uagers or Supervisors ~p to, and including the Chief of Police. Investigative restrictions imposed by the PAPD shall no~ be voided Dy depl:tation of their respective personnel. All mer~bers of the J?TF s~all agree not to disclose shy classi, fied or sensitive information to no~i-JTTF mes~ers without the express pe~'mission of the FBI and shsll agree to execute any applicable nondisc]osure agreements, as may bc necessary or required by the FBI. ARTICLE SEVEN: INVESTIGATIVE EXCLUSIVITY It is agreed that matters designated to be handled bv the JTTF will no~ knowingly be subpect to non-JTTF law enforcement efforts. Reaognizing the amount of specialized entities within each member agency, it is incumbent upon each agency to make proper internal notification regar~Jing JTTF existcnce, including its arcas of concern. All information developed by the individual mer~ber age~cy, in the course of investigations prior to the JTTF, will be referred to the JTTF for review sod coordination, with approval of the command staff of e~ch member agency. The non-specialized entities of each member agency handle a myriad of diffeient law vJolations; therefore, JTTF.members should make an effort to keep abreast of ].aw enforcement developments within their respective agencies, to ensure information Jr~volving JTTF me~crs is referred Lo the JTTF. It is also agreed there shall be ~',o unilateral action taken on the part of any participating agency relating to JTTF investigations. All law e~forcement actions will bc coordinated and cooperatively carried out. ARTICLE EIGHT: SALARY~COMPENSATION Salari. es of JTTF members will be paid by their respective 8gencies. Overtime incurred in the performance of JTTF responsibilities, when allowsble under federal law and to the extent that federal funding is availablo for such purposes, will be rein~u~sed by th~ FBI So long as a sepaz'ate over'rime agreeme~h is executed between the parties. 0therw~e, overtime shall be compensated in accordance with applicable PAPD overtime provisions and shall be subject to th.e prior 8pproval of appropriate personnel. The FBI shall report to the PAPD supervisor all payments made to non-FBI JTTF members including but not limited to overtime. ARTICLE NINE: PROSECUTION JTTF investigations will conform to the requi, reme~nts of federal prosecution rules and regulations and will generally be prosecuted in federal courts. I~ is recognized, howevez, that specific circumstances may, on a base-by-case basis, indicate that prosecution should be in a state court. The trite'c-ia for making such decisions will focus upon achieving the greatest overall benefit to law enforcement a~d the public, and effecting the greatest impact on terrorism. ARTICLE TEN: INFORMANTS/EXPENSES The JT?F wi31 abide by the Att~ney General's Guidelines on the Use of Informants and Confidential Sources. To the extent that PAPD standards and procedures impose any greater restrictions upon the use o~ their informants and cooperating witnesses, such Dersonnel shall be bound by those restrictions. Subject to appropriate FBI approvals, the FBI agrees to pay any reasonable and necessary e~penses incurred by the JTTF'. The P.%PD agrees that prior tc incurring-such expenses, %t will consult wit]', the FBi's designated representative to ensure a~ticlDated expenses will be in furthcrance of JTTF goals and objectives. ARTICLE ELEVEN: FORFE I TURE ~y forfeiture realized as a result of cascs worked bv the JTTF will be handled in a~.:cordar~ce with applicable fedSral law add FBI guidelines. FBi g~.lidelines will govern the sharing of scized and/or forfeited assets. ARTICLE TWELVE: M]~DIA No members of the JTTF will discuss or otherwise £'evea] information relating to JTTF investigations, or other FBI related investigations known to them, to any media representatives. All R~edia releases on JTTF matter, s will bc mutually agreed upon and coordinated Jointlv. ARTICLE THIRTEEN: LI3%BILIT¥ I3nless specifically addressed by the ~erms oS this MOA, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representations by the U.S. is determined bv t]'~e ~)OJ on a case-by-case basis. The FBI cannot guarantee r. fle ~..~. will provide ~.egal representation to any Federa or State taw enforcement officer or employee. Congress has pz'ovided that the e×cluslve remedy for the negligent or wrongful act or omission of an emplovee o£ the U.S. Go'verD_ment, acting within the scope of his/hez employment, shall be an action against the u.s. under the Fedez.al '£ort Claims Act (FTCP~) 28 USC, Section ..~6 (b), and Sections 2671-2680. Per the limited puz'pose of defending claims arisin9 out of JTTF activity, state officers who have been specifical, ly deputized and who are acting withi]% Lhe cou%'$e and scope of their official duties and assignmenu~ pursuant to this }{OU, may be considered an "employee" of the U.S. Gover~unent as defined in 28, USC, Sectio}~ 2671. See b USC, Section 337,: (2) . -- Under the Federal Employees Liability Reform and Tort Compensation, Act of 1~98 (coImlonly knowr~ as the Westfall Act), 28 USC, Section 2679 (b) (1), the Attorney General or his/her designee may certify that an individual dcfenda;lt acted within the scope of his employment at the time of the incident giving ~'ise to the suit. id., 28 USC, Section 2679 (d) (2). The U.S. can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 USC, Section 26'/9 (d) (2). If the U.S. is substituted as defendant, the individual e~ployee is thereby protected from suits in his official capacity. If the Attorney General declines to certify that an employee was acting within thc scope of emplo}fment, "thc employee may at any time before trial, petition the court to find and certify that the em[:loyee was acting within the scope of his office or employment..' 28 USC Section 26779 (d) (3). - Liability for any negligent or willfu.], acts of mefabers, undertaken outside the terms of this ~4OU will be the Sole responsibility of the respective emp].oyee and agency ~nvolvcd. Liability for violations of federal constitutional law rests with the individual federal agent c~c o~'ficer pursuant to ~i_ven~ v. Six Unknown Named Aqent. s of thn ~Urcau of Narcotics, 403 U.S. 388 (]971) or pursuant to USC, Section 1983 for state officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit for const'~.tutional torts, "insofac. as their conduot does not violate clearly established st. atutory or consLitutJonal rights of which a reasonabl~ person would bare known." Narlow v. zt~ 457 U,S. 800 (1982). JTTF officers may request reprcser~tatio~ by the U-S. DOJ ior civil suits against them in their ind~.~zidual capacities for actions taken within the scope of employment 28 C.F.R. Sections 50.15, 50.16. - - ' ~,n employee may be provided representations "When the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney -' ~ oen_ral, or his/her designee, detern~ines that providing representation would otherwise be in the into!est of. the U.S." 20 C.F.R. SecSion 50.15 (a). A JTTF o£fice~"s written request for r~preser~ta~lon should be directed to the Attorney General end provided to the Chief Division Counsel (CDC) of the FBi d4. vision coordinating the task f'orce. The CDc wall t},en forward the representation request to the FBI's Office of General Counsel (OGC) together with a Letterhead Memorandum concerninq the factual basis for the lawsuit. FBI/oGC will then forward the req~lest to thc Civil Division of DOJ =ogether wi~h an agency recommendation concerning scope of employment and Department representation. 28 C.F.R. Section S0.1S (a) (3). If a JTTF o£fice~ is found to be liable for a constitutional tort, he/she may request il~demnif~catio~ from DOJ to satisfy an adverse judgement rendered against the employee in his/her individual capac'i, ty. 28 C.F.R. Section 50.15 (c) (4). The criteria for payment are substantially simllar to those Used to determin~ whether a federal employee is entitled to DOJ representation under 28 C.F.R. Section 50,15 (a). ' ARTICLE FOURTEEN: pURATION OF THE TASK FORCE The JTTF will continue for an indefinite period but participation may be terminated at any time upon the written notice of either party to this Memorandum of Agreement. Jefferson County Sheriff's Office (PAPD) and outlines a cooperstive effort to comba~ terrorism. ARTICLE FOURTEEN: DURATION OF THE TASK FORCE Thc JTTF will continue for an indefinite per~od but participation may be terminated at any time ~Jpon the written ~lotice of either party to this Memorand m o~ Agreement. SIGNATORIES: Richard T. Garcia SPECIAL AGENT IN CFJ~RGE Federal Bureou o£ Investigation Chief John Tyler POrt Arthl3r Police Department Officer of the Chief ConEracting Officcr Federal Bureau of Investigation Washington, D.C. ~ 001 FBI FACSIMILE COVER SHEET PRECEDENCE CLASSIFICATION [] Immediate [] Tap Secret [] Priority [] Secret [~ Roufim: [] Confid~atial [] Unclassified Time 'lYansm kted: S~nd~"s Initials: Number of Pages: (including cover To: Port Arthur Police Department Name of Office Facsimile N amber: (409)983-8621 Attn: Chief Tyte~ (409)983-8600 Room Telephone Date: 02/'11/2003 Subject: FBI-Beaumont RA Memorandum of Agreement Spet4slHandliagln~truetions: Deliver to Chandra. .[ will be at vo~r office on 02/.18/2003. Need Chief's signature on original. Originator's Nam*: Origirm~.or's FacsimfleNumber: Approved: Brief Description of Communication PaYed: SA P~ob5 n L. Goodson (409)833-6549 Telephone: (409) 832-8571 WAP,.N'ING Ini'orm~tion agached to thc cover sheet ts U.S. Government'Property. It'ynu ~z¢ not '~he intended r~cipient of thi~ inCnrmation, disclosure, roproductlon, di.~lribut/on, or sst of this i~formation i~ prohibited 18.USC, {~ 641). Plcus¢ notify thc nrigin~Cor or the local FBI Office iB~mcdiaL[:ly to arrange for proper difpositioa.