HomeMy WebLinkAbout09/07/2021 06.G. Resolution authorizing a memorandum of understanding with Homeland Security Investigations to conduct joint investigations of internet crimes against children 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.G.
For Meeting of: September 7, 2021
ITEM TITLE: Resolution authorizing a memorandum of understanding with
Homeland Security Investigations to conduct joint investigations of
internet crimes against children
SUBMITTED BY: 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 Type
0 resolution 9/1/2021 Corer Memo
0 MOU 8/30/2021 Contract
0 supplemental form 8/30/2021 Backup Material
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RESOLUTION NO. R-2021-
A RESOLUTION 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 7'h day of September, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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MEMORANDUM OF UNDERSTANDING
between
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
HOMELAND SECURITY INVESTIGATIONS
and
Yakima Police Department
regarding
THE DESIGNATION OF Yakima Police Department EMPLOYEES
AS CUSTOMS OFFICERS(EXCEPTED)
1. PARTIES.The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs
Enforcement (ICE) Homeland Security Investigations (HSI) and Yakima Police Department
2. AUTHORITY. Title 19, United States Code (U.S.C.), Section 1401(i); 19 U.S.C. § 1589a. This MOU 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 to section 401(i), Tariff Act of 1930, as amended (19 U.S.C. § 1401(i)), the Secretary of Homeland 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. §1589a,
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 be instances when HSI determines that it is desirable for certain sworn law enforcement employees of
Yakima Police Department to perform certain HSI duties. This MOU sets forth
the agreement and relationship between the Parties with respect to this determination.
4. RESPONSIBILITIES.
The Parties agree as follows:
HSI agrees to:
a. Designate certain employees of Yakima Police Department 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 of this MOU;
b. 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;
ICE Form 73-002 (5/14) Page 1 of 3
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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. Process, under appropriate regulations, any injury claim submitted as a result of injuries 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 (5 U.S.C. §8101, et seq.).
Yakima Police Department agrees:
a. That only sworn law enforcement officers of Yakima Police Department
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
73-001) will be designated as Customs Officers (Excepted);
b. That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and
Restrictions as noted on the "Designation, Customs Officer (Excepted) —Title 19 Task Force Officer" (ICE
Form 73-001);
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
as deemed necessary by HSI;
d. That agency employees designated as Customs Officers (Excepted) will follow HSI directives and
instructions when utilizing enforcement authority conveyed by HSI;
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
f. To return all HSI-issued equipment and identification when a cross-designated officer terminates
employment or when his or her cross-designation expires.
Both Parties agree:
a. That any abuse of HSI cross-designation 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. HSI 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 at HSI Headquarters, the designated Customs Officer (Excepted), 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.
ICE Form 73-002 (5/14) Page 2 of 3
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6. POINTS OF CONTACT.
HSI Office: RAC Yakima Yakima Police Department :
Name: Samuel V. Briggs Name: Matthew Murray
Title: Resident Agent in Charge Title: Chief
Address: 1209 Ahtanum Ridge Dr, Suite A Address: 200 S. 3rd Street
Union Gap, WA 98903 Yakima, Wa 98901
Telephone Number: +1 (509) 378-6407 Telephone Number: +1 (509) 575-6211
Fax Number: Fax Number:
E-mail Address: samuel.-:.briggs@ice.dhs.gov E-mail Address: matt.murray@yakimawa.gov
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 MOU is
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 in this MOU is intended or shall be construed to require the obligation, appropriation, or expenditure of any money from
the U.S. Treasury in violation of the Anti-Deficiency Act, 31 U.S.C. §§ 1341-1519.
The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU.
8. EFFECTIVE DATE.The terms of this 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: o.4
Robert J. Hammer Bob Harrison
Name of HSI Official Name of City of Yak 's Official
Special Agent in Charge, Seattle City Manager
Title of HSI Official Title of City of Yak 's Official
Homeland Security Investigations Name of City of Yak 's Agency
U.S. Immigration and Customs Enforcement
Date: 03/12/2021 Date: 07/20/2021
ICE Form 73-002(5/14) Page 3 of 3
6
EXPIRATION DATE: HSI Credential Number: T1528
Badge Number. 52 8
Expires no later than 2 yeas from certacaton dab(0lo) (if applicable)
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
DESIGNATION, CUSTOMS OFFICER (EXCEPTED)—TITLE 19 TASK FORCE OFFICER
(Homeland Security Investigations Directive 14-02)
Pursuant to the provisions of 19 U.S.C.§1401(i)and as delegated,and by agreement with your employing agency,you are hereby designated a
Customs Officer(Excepted)without additional compensation,hereinafter referred to as a Title 19 Task Force Officer(TFO).This designation,for
the performance of such duties as outlined below,will be in effect while you remain in your present position and location until the expiration date,unless
revoked at an earlier date.In performing the duties of a TFO,you will be subject to guidelines,directives,and instructions of the Department of Homeland
Security(DHS),U.S.Immigration and Customs Enforcement(ICE),Homeland Security Investigations(HSI).Arrangements will be made for you to receive
the training necessary to perform your duties as a TFO according to HSI Directive 14-02,°Law Enforcement Officers Designated to Act as Customs Officers
(Excepted)for Investigative Purposes—Domestic",dated May 7,2014,or as updated.
Duration of Designation:Designations under this Directive are valid for a period of 2 years from the date the TFO Course was completed.Title 19 TFOs
may be redesignated for an additional 2 years,without additional training,upon the completion of a new Designation Form,ICE Form 73-001 (this form).
Redesignation must be accomplished before the expiration of the original designation.Title 19 TFOs must attend the TFO Course no less than every 4
years to remain designated.
1.TFO's Full Legal Name: 2.Last 4 of Social Security Number. 3.Date of Birth:
Dustin M Soptich 4848 10/30/1982
4.Parent Agency(Full Name-NO ACRONYMS): 4a.Phone Number: 4b.Parent Agency E-mail:
Yakima Police Department +1 (509) 424-2252 dustin.soptich@yakimawa.gov
4c.ICE or DHS E-mail(Required for Full and Part-time TFOs):
Address 200 South 3rd St N/A
Street
5.Parent Agency Position/Rank: 6.Parent Agency Badge Number:
Yakima WA 98901
City State Zip Code YPD/ Sgt. 7511
7.Parent Agency Supervisor: 7a.Phone: 7b.E-mail:
Lt. Ira Cavin +1 (509) 728-6895 ira.cavin@yakimawa.gov
8.HSI Designated Supervisor. 8a.Phone: 8b.E-mail:
Samuel Briggs +1 (509) 378-6407 samuel.v.briggs@ice.dhs.gov
9.HSI Office Assigned: 10.Certification/Recertification Date(Certification expires 2 years from):
(Date of training completion or date recertified by the SAC for an
RAC Yakima additional 2 years prior to expiration of first 2 years.)
11.Cancellation/Revoked Date: Cancellation Authorizing Signature(HSI):(Expires 2 years from date above(#10),if no signature present)
12.TFO Status:
❑X Full-Time:A TFO who is co-located with HSI and is working directly for an HSI first-or second-line supervisor for a minimum of 30 hours per week
and is significantly contributing to investigations.(ICE or DHS e-mail required)
▪ Part-Time:A TFO who is co-located with HSI and is working directly for an HSI first-or second-line supervisor for a minimum of 8 hours per week and
is significantly contributing to investigations.(ICE or DHS e-mail required)
▪ On-Call:A TFO who does not meet the standards of either a Part-Time or Full-Time TFO,who is occasionally called upon to assist HSI,including
officers working strictly in a uniformed capacity,who does not report directly to HSI.(ICE or DHS e-mail recommended;required to fly armed.)
13.Authorities Granted:
Only the marked duties are authorized for the TFO.
▪ Carry a firearm,in accordance with federal law,that he or she is authorized and qualified to carry by his or her parent agency while on duty.
▪ Execute and serve orders,search warrants,arrest warrants,subpoenas,summonses,and other processes issued under the authority of the United
States,in accordance with laws administered and/or enforced by HSI.
▪ Make arrests without warrant for any offense against the United States committed in his or her presence or for a felony,cognizable under the laws of
the United States,committed outside his or her presence for which sufficient probable cause exists.
▪ Perform other law enforcement duties which may be authorized under 19 U.S.C.§1589a.
▪ Make seizures of property in compliance with the Constitution of the United States and the Customs laws.
▪ Conduct customs border searches for merchandise being imported into or exported from the United States,and detain such persons or articles
necessary to that end,or as otherwise may be subject to seizure under the laws of the United States.
▪ Other authorities:
ICE Form 73-001 (6/14) Page 1 of 2
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14.Endorsements and Restrictions:
The following marked endorsements and restrictions apply to the TFO:
EI This designation form is INVALID without accompanying HSI identification and employing agency identification.
EI The TFO shall follow the Interim ICE Use of Force Policy,dated July 7,2004,or as updated or superseded.
EI The TFO is not granted the authority to enforce administrative violations of immigration law.
EI The TFO will present for inventory his or her HSI-issued credentials(and badge,if applicable)every 6 months or upon request of the HSI supervisor.
EI Prior to using the authorities granted by this designation,notification will be made to an HSI supervisor or designee.(This restriction is mandatory for
On-Call TFOs,and is otherwise discretionary.)
EI The TFO is authorized to fly armed while conducting official HSI business.(ICE or DHS e-mail required.)
EI The TFO is authorized to operate a government owned vehicle(GOV)in accordance with HSI policy.
EI Other Endorsements and Restrictions: Permitted to utilize parent issued BWC per Directive 21-04
*Refer to HSI Directive 14-02,"Law Enforcement Officers Designated to Act as Customs Officers(Excepted)for Investigative Purposes-
Domestic,"dated May 7,2014,or as updated,for a complete explanation of authorities,endorsements,and restrictions.
15.TFO's Acknowledgement: 16.Authorizing Officer(HSI SAC):
I have read and understand the authorities granted to me and the Special Agent in Charge, Seattle
endorsements and restrictions listed above and in the referenced Printed Name
Directive.
Robert J. Hammer
Title
04/28/2021 X A06'CLAMile 03/12/2021
Task Force Officer's Sign ture Date Sig natRr Date
PRIVACY ACT STATEMENT
AUTHORITY: Information about you,as a Task Force Officer(TFO)Customs Officer, is collected and maintained pursuant to the provisions of 19 U.S.C.§
1401(i),appropriate re-delegations,and by agreement with your employing agency.Through the Title 19 program, HSI enters into agreements with federal,
state and local law enforcement agencies to delegate to the agencies'Law Enforcement Officers(LEDs)the authority to enforce certain federal laws.As a
result, HSI is authorized to delegate the full range of law enforcement duties of a Customs Officer to LEOs in federal,state and local law enforcement
agencies.
PRINCIPAL PURPOSE(S): Your information is collected on this form to acknowledge your selection and designation as a Customs Officer.
ROUTINE USE(S): Pursuant to the routine uses published in DHS/ALL-023 Department of Homeland Security Personnel Security Management System of
Records(February 23,2010 75 FR 8088), HSI may share your information with federal,state, local,tribal,foreign,or international agencies if the
information is relevant and necessary to HSI's decision to delegate authority or issue a security clearance to you.
DISCLOSURE:The disclosure of information on this form is voluntary; however,failure to provide the information requested will disqualify you from further
participation in the Title 19 Program.
ICE Form 73-001 (6/14) Page 2 of 2