HomeMy WebLinkAboutR-2010-153 VOTF MOU Between the Police Department and the United States Marshals ServiceRESOLUTION NO R-2010-153
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 ("VOTF"), 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 Ellis Thayer of the U S Marshals
Office for the Eastern District of Washington located in Spokane, Washington, 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 Yakima
County Auditor's office
ADOPTED BY THE CITY COUNCIL this 14th day of December, 2010
ATTEST
IViti14:°A
Micah awley, ayor
City Clerk
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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.
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. 08/10
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 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 VOTF 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 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 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 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. 08/10
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.
UnjStates Marsh
articipant • gency Representative
Assistant Director, IOD
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Page 4 of 4
TF MOU Rev. 08/10
CITY OF YAKIMA POLICE DEPARTMENT
By:
C '1441
f of Police
Date:
City of Yakima Resolution N,o.: �o/o -/S-3
Co i) Potc71- %i%: 2t io '/a.3
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
IIIItem No I I
For Meeting of December 14, 2010
•
•
ITEM TITLE.
Consideration of 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")
SUBMITTED BY Chief of Police, Yakima Police Department
CONTACT PERSON/TELEPHONE Sam Granato, Chief of Police, (509) 575-6211
SUMMARY EXPLANATION 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 ("VOTF") 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. 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 The attached Memorandum of
Understanding sets forth the terms of the Memorandum, and has been signed by U S Marshal
Craig Ellis Thayer of the U S Marshals Office for the Eastern District of Washington located in
Spokane, Washington
Resolution X Ordinance Other (Specify) Contract X
Mail to (name and address) Jackie Gabert, A.O., U.S. Department of Justice, United States
Marshals Service, Eastern District of Washington, U.S. Courthouse, 920 W. Riverside Avenue,
Room 888, Spokane, WA 99201
Phone (509) 353-2781
Funding Source
APPROVED FOR SUBMITTAL.
��K City Manager
STAFF RECOMMENDATION Staff recommends the Council adopt the attached Resolution
directing the Chief of Police to execute the attached Memorandum of Understanding between
the United States Marshals Service and the City of Yakima Police Department regarding the
Violent Offender Task Force
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION