HomeMy WebLinkAbout02/07/2017 06D Violent Offender Task Force MOU with US Marshals ServiceITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.D.
For Meeting of: February 7, 2017
Resolution authorizing a Memorandum of Understanding with the
US Marshals Service for a Violent Offender Task Force
Dominic Rizzi, Chief of Police
The Yakima Police Department currently has one officer assigned to the Violent Offender Task
Force (VOTF). The mission of the VOTF is to investigate and arrest subjects with active state
and federal warrants, thus improving public safety.
Participation in the Task Force requires periodic updates in the Memorandum of Understanding.
Approval of this Memorandum will allow the Department to receive reimbursement up to $10,227
for overtime incurred by the officer assigned to the Task Force.
ITEM BUDGETED:
STRATEGIC PRIORITY:
Yes
Public Safety
APPROVED FOR
SUBMITTAL: "" -City Manager
V*'
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
Upload Date
Type
D Resolution MOU US Marshals
1/30/2017
Co%er Memo
D VOTF obligation document
1/30/2017
Contract
D VOTF Memorandum of Understanding
1/30/2017
Contract
RESOLUTION NO. R -2017-
A RESOLUTION authorizing and directing the Chief of Police of the City of Yakima to
execute a Memorandum of Understanding between the United States
Marshals Service ("USMS") and the City of Yakima Police Department
regarding the Violent Offender Task Force ("VOTF")
WHEREAS, the U.S. Marshals Service has requested that the City of Yakima Police
Department enter into a Memorandum of Understanding with the United States Marshals
Service regarding the Violent Offender Task Force; and
WHEREAS, the primary mission of the Violent Offender Task Force is to investigate and
arrest, as part of joint law enforcement operations, persons who have active state and federal
warrants for their arrest; and
WHEREAS, the intent of the law enforcement effort is to investigate and apprehend
local, state, and federal fugitives, thereby improving public safety and reducing violent crime;
and
WHEREAS, the attached Memorandum of Understanding sets forth the terms of the
Memorandum, and has been signed by U S Marshal Craig Thayer of the U S Marshals Office
for the Eastern District of Washington located in Spokane, Washington; and
WHEREAS, pursuant to RCW 39.34.040 regarding methods of filing agreements
pursuant to the Interlocal Cooperation Act, a copy of this Memorandum of Understanding shall
be filed with the Yakima County Auditor, or, alternatively, listed on the public agency's website
or other electronically retrievable public source; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
enter into and authorize the execution of the Memorandum of Understanding with the United
States Marshals Service regarding the Violent Offenders Task Force, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council authorizes and directs the Chief of Police to execute the attached
Memorandum of Understanding between the United States Marshals Service ("USMS") and the
City of Yakima Police Department regarding the Violent Offender Task Force ("VOTF"). The
City Clerk is directed to file a copy of the executed Memorandum of Understanding with the
Yakima County Auditor's Office.
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2017
ATTEST:
Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
U.S. Department of Justice Joint Law Enforcement Operations Task Force
United States Marshals Service Obligation Document
. ... ..... .. .. ... ...... ... .............. ... ... . .. . .....
DOC U M ENT CONTROL -!: %1 -17 -D85 -0 -OC}( 042
SECTION 2: PARTICIPATING AGENCIES
Notification to state and local agencies offending provided in support of Joint Law Enforcement Operations. pursuant to the
Memorandum ofUnderstandint, (MOU) between:
Yakima Police Department
and
Eastern District of Washington (85)
All other terms and conditions of the %40U remain the sarne.
SECTION 3: PERIOD OF PERFORMANCE
October 19, 2016 to Septern her )(l, 2017
FISCAL YEAR ORGANIZATION VT N 1) PROJECT soc / 1, ('1 it 110S E I)OLLAR AMOUNT
21017 D85 AFF -B -OP JLE( 3 302 - TFO Overtime S 1 O{ 557.10
Total Obligation Amount: $10,557.10
Funds provided for the authorized OT pay for'Fask Force
Force (PNVoTF) for the period of I 0j 19/16 - 09/30i2017,
Authorized amount to date: $10,557.10
QJS�r (rMFI*
..... . ... .... .. .. ......
Name:
Phone:
E-maik robev+ .464V to
(ISMS Representative - Certification of Funds�
Signature:
,I:,
EMBEEMEM41=
to the Pacific Northwest Violent
STATEILOCAL CONTACT:
Nate:
Phone -
a i 1: G. t 7--9- 4 ra k i e& au -2h . Cr2
Jacqueline Gaber(, Administrative Officer
WAMUMUMM
Bell I laraseth, Acting CI U'
Date:
Date:
Reimbursement of etre rthne work shall he consistent Ss ah the hair orerriniefior each state or le cat kni, eo/ia-cement
,ficer
of f
is capped the equivalant fo"25% to"a GS -1811-12, Step 1, of geocralpra- scak.lbr the RUS. Reonbursement.tor all tures o qualified
expenses shall be contingent upon avaikibilit) - o0ondsana' the submission ofa proper requestfin- reonhursement which shall be submitted inonthl,v
or quarter1r on afiscal.year basis, and which prorhks the natnes qj'die onyesfigators who incurred overtime-fiw the lack Eorce daring the quarter;
the number o(overthne hours hicurred� the hourly regular and overtone rates in e1Pc1,fi)r each invesfi[lator.
Departmental Representative - Acknowledgement:
Signature: Date:
Form USM -607
Pave I off Rev, 06116
United States Marshals Service
Violent Offender Task Force — Memorandum of Understanding
PARTIES AND AUTHORITY:
This Memorandum of Understanding (MOU) is entered into by the
Yakima 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 USMS Violent Offender
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(g) and 28 CFR
0.111. The authority of United States Marshals and Deputy U.S. Marshals, "in executing the laws
of the United States within a State ... [to] exercise the same powers which a sheriff of the State
may exercise in executing the laws thereof' is 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(a)(the Attorney
General shall use the resources of federal law enforcement, including the United States Marshals
Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex
offender registration requirements).
MISSION:
The primary mission of the task force is to investigate and arrest, as part of joint law enforcement
operations, persons who have active state and federal warrants for their arrest. The intent of the
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 VOTF (Violent Offender
Task Force). Cases will be adopted by the VOTF at the discretion of the District Chief Deputy.
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 VOTF 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
of personnel from different agencies whenever possible. Participating agencies retain responsibility
for the cases they refer to the VOTF.
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.
Page 1 of 4
TF MOU Rev. 10/16
SUPERVISION:
The VOTF will consist of law enforcement and administrative personnel from federal, state, and
local law enforcement agencies. Agency personnel must be approved by the District Chief
Deputy prior to assignment to the VOTF. Agency personnel may be removed at any time at the
discretion of the District Chief Deputy.
Direction and coordination of the VOTF shall be the responsibility of the USMS District
Chief Deputy. Administrative matters which are internal to the participating agencies remain the
responsibility of the respective agencies. Furthermore, each agency retains responsibility for the
conduct of its personnel.
A Task Force Advisory Committee, consisting of representatives of participating agencies and
USMS district personnel, may be established at the discretion of the District Chief Deputy and
will meet and confer as necessary to review and address issues concerning operational matters
within the VOTF.
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 of task 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 1) overtime incurred
by state and local investigators who provide full time support to USMS VOTF joint law
enforcement task forces; or 2) travel, training, purchase or lease of police 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% of a GS -1811-12, Step 1, of the 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 of the investigators who incurred overtime for the VOTF during the
quarter; the number of overtime 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. 10/16
The request for reimbursement must be submitted to the District Chief Deputy, 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 acquire vehicles and equipment
purchased in support of full time state and local investigators assigned to the VOTF involved in
joint law enforcement operations. Such vehicle and equipment purchases are to be titled to 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 provided to state and local law enforcement agencies with asset
forfeiture monies provided by the USMS must remain available for exclusive use of the task
force officers assigned to the VOTF by the undersigned participant agency for the duration of the
task force. Upon termination of the 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 VOTF
business. All equipment used by or assigned to task force officers by the USMS or an agency
will remain the property of the agency issuing the equipment and will be returned to that agency
upon termination of the task force, or upon agency request.
RECORDS AND REPORTS:
Original reports of investigation, evidence, and other investigative materials generated, seized, or
collected by the VOTF shall be retained by the agency in the VOTF 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 of the VOTF will comply with their agencies' guidelines concerning the use of
firearms, deadly force, and less -than -lethal devices, to include completing all necessary training
and certification requirements. All members of the VOTF and their parent agencies will read
and adhere to the DOJ Policy Statement on the Use Of Less -Than -Lethal Devices, dated May 16,
2011. Copies of all applicable firearms, deadly force, and less -than -lethal policies shall be
provided to the District Chief Deputy 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 MOU Rev. 10/16
NEWS MEDIA
Media inquires will be referred to the District Chief Deputy. A press release may be issued and
press conference held, upon agreement and through coordination with participant agencies'
representatives. All press releases will exclusively make reference to the task force.
RELEASE OF LIABILITY:
Each agency shall be responsible for the acts or omissions of its employees. Participating
agencies or their employees shall not be considered as the agents of any other participating
agency. Nothing herein waives or limits sovereign immunity under federal or state statutory or
constitutional law.
EFFECTIVE DATE AND TERMINATION:
This MOU is in effect once signed by a law enforcement participant agency. Participating
agencies may withdraw their participation after providing 30 days advanced written notice to the
District Chief Deputy U.S. Marshal.
District: Eastern District of Washington
United States Marshal:
1,, 11 CRAII T"AYIR
Craig Thayer CRAIG THAYER,, 2011 a........ ,� °°°���� 11/23/2016
Print Name
Signature
Participant Agency:
Name: Yakima Police Department
Location (city & state): Yakima, WA
Phone: (509)575-6200
Participant Agency Representative:
Date
Print Name & Title Signature Date
Assistant Director, Investigative Operations Division:
Print Name
Signature
Date
Page 4 of 4
TF MOU Rev. 10/16