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Home My WebLink AboutR-2021-117 Resolution authorizing a memorandum of understanding with Homeland Security Investigations to conduct joint investigations of internet crimes against childrenA RESOLUTION RESOLUTION NO. R-2021-117 authorizing a Memorandum of Understanding with Homeland Security Investigations relating to the designation of certain YPD Officers as Customs Officers (Excepted) pursuant to investigations of internet crimes against children WHEREAS, the Yakima Police Department and the United States Immigration and Customs Enforcement Homeland Security Investigations ("HSI") seek to work jointly on investigations of internet crimes against children; and WHEREAS, the Memorandum of Understanding sets forth the conditions under which certain YPD Officers may be designated as Customs Officers (Excepted) — Title 19 Task Force Officers for the purpose of facilitating and furthering investigations of internet crimes against children, and it further enumerates the responsibilities of the parties; and, WHEREAS, the City Council deems it to be in the best interest of the City to approve the agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the Memorandum of Understanding between HSI and the Yakima Police Department as it relates to the designation of certain YPD Officers as Customs Officers. ADOPTED BY THE CITY COUNCIL this 7th day of September, 2021. ATTEST: SonIaar Tee, City Clerk 4-4.4 41 atricia :yers, M..yor THE DESIGNATION OF EO-,,NOUOF UNDERSTANDING between U.G.|, |G T|C)NAND CUST0DQZENFORCE ENT HOkOELAND SECURITY INVESTIGATIONS and Yakima Police Department regarding Yakima Police Department AS CUSTO S OFFICERS (EXCEPTED) EMPLOYEES 1- PARTIES. The Parties tothis Memorandum of Understanding ([NOU) are U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) and Yakima Police Department Z AUTHORITY. Title 19. United States Code (U.G.Cj. Section 1401(0; 10 U.S.C. § 1589o. ThisK8OU is also authorized under the provisions of N/A 3. PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close cooperation and coordination between the two Parties. The Parties have therefore entered into this MOU to govern the use of HSI designations by certain employees of Yakima Police Department Pursuant bosection 4O1(0.Tariff Act of1930.aoamended (1SU3.C. §14O1(0).the Secretary ofHomeland 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. §15O0a. customs officers are authorized to enforce the full range of federal offenses. However, in designating Customs Officers (Excepted), HSI is not conveying the authority to enforce administrative violations of immigration law, There may beinstances when HS|determines that it isdesirable for certain sworn law enforcement employees of zaxiula._polloo uep��uneoc toperform certain HS|duties. This N1OUsets forth the agreement and relationship between the Parties with respect hothis determination, 4. RESPONSIBILITIES. The Parties agree as follows� a, Designate certain employees of Yaki,-ria�Pn1-ice Deport me Kit � as Customs Officers (Excepted), without additional compensation, to perform the duties as noted on the "Designation, Customs Officer (Excepted) - Title 19 Task Force Officer" (ICE Form 73-001). This form is attached and is hereby made part ofthis W4OU; t, Issue a "Designation, Customs Officer (Excepted) - Title 19 Task Force Officer" (ICE Form 73-001) to each qualified and designated employee; C. Provide appropriate training in laws, policies, and procedures to each designated employee; d~ Advise the designated Customs Officers (Excepted) about court proceedings concerning seizures or arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU; and e. Prooeoa, under appropriate reguladune, any injury claim submitted as a result ofinjuries occurring to the designated Customs Officers (Excepted) while such individuals are acting pursuant to this MOU, for compensation under the Federal Employee Workers Compensation Act (5US.C.Q8101.otowgl a. That only sworn law enforcement officers ofYakima Police, uepaz�_me'It who successfully complete the appropriate HSI Task Force Officer cross -designation Training Course and receive an approved "Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73'0O1)will hedesignated aaCustoms Officers (Exuepted); b That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and Reahntionomanobadontha^Deoignation.CustomaOfficer(Excepbad)—Tit|e1QTaekFurmeOffimar"(|CE Fomn73'OO1); c, To advise HSI of each court proceeding in which the validity of a Customs Officer (Excepted)'s enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance aodeemed necessary byHG|; d That agency employees designated as Customs Officers (Excepted) will follow HSI directives and instructions when utilizing enforcement authority conveyed byHG|; 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 t To return all HSI-issued equipment and identification when a cross -designated officer terminates employment nrwhen his orher cross -designation expires. a. That any abuse of HSI cross-desig nation 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 DOCUMENTATION. HS| SAC offices will maintain the original signed "Designation, Customs Officer (Excepted) — Title 19 Task Force Officer" (ICE Form 73-001). Copies of this form will be held by the Contraband Smuggling Unit atHS| Headquarters, the designated Customs OMiunr(Exoepbed). and Yakima 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. 6. POINTS OF CONTACT. HS|Offioe RAC Yakima Yakima Police Department� Name Samuel V. Briggs Name Matthew Murray Title: Resident Agent in Charge Title: Chief Address: 1209 Abtaoum Ridge Dr, Suite a Address: 200 S. ]zd Street Union sap, wn 98905 Yakima, Wa 98901 Telephone Number: +l <509> 378-6407 Telephone Number: +I <509> 575-6211 Fax Number: Fax Number: 7._ OTHER PROVISIONS. This MOU is an internal agreement between the Parties and does not confer any rights, privileges, or benefits to any other party or the public. Nothing in this MOU is intended to conflict with current laws, regulations, or policies of either Party, If a term of this M0Uis inconsistent with such authority, that term shall be invalid but the remaining terms and conditions of this MOU shall remain in full force and effect. Nothing inthis MOU is intended or shall be construed to require the obligation, appropriation, or expenditure of any money from the U.S,Treasury inviolation of the Anti -Deficiency Act, 31 U.G.C.5§1341'1519� The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU. & EFFECTIVE DATE. The terms ofthis MOU will become effective on the date the last Party signs the MOU, The Designation Form of each Customs Officer (Excepted) is effective per the date on that document. 9. MODIFICATION. This MOU may be amended by the written concurrence of both Parties. 10. TERMINATION. This MOU may be terminated by either Party upon a 30-day written notification to the other Party, APPROVED BY: Robert J. uanooez Name of HSI Official Special il al �r�n�� i o �ba�ge�_��a�� e Title ofHS|Official � Homeland Security Investigations US. Immigration and Customs Enforcement Dote: 03/I2/2021 -f,lof,, Nameof City of Yak'sOffioia| TWeof City of zak^oOfficia| NmmeofCity of rab'sAQenoy Date: 0l/2V/2O2l ^- -'' 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.G. For Meeting of: September 7, 2021 Resolution authorizing a memorandum of understanding with Homeland Security Investigations to conduct joint investigations of internet crimes against children Matt Murray, Chief of Police Jay Seely, Captain SUMMARY EXPLANATION: The Yakima Police Department and the United States Immigration and Customs Enforcement Homeland Security Investigations ("HSI") seek to work jointly on investigations of internet crimes against children. To further such investigations, this Memorandum of Understanding would allow HSI to designate certain YPD officers as Customs Officers (Excepted) in order to facilitate assistance on investigations into internet crimes against children. The Memorandum of Understanding specifies the responsibilities of each party with respect to the designation of YPD officers as Customs Officers (Excepted). ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date O resolution 9/1/2021 ❑ MOU 8/30/2021 O supplemental form 8/30/2021 Type Corer Memo Contract Backup Material