HomeMy WebLinkAbout10/05/2021 04.H. Resolution authorizing a Memorandum of Understanding with the Federal Bureau of Investigations (FBI) related to the Safe Streets Task Force 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.H.
For Meeting of: October 5, 2021
ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the
Federal Bureau of Investigations (FBI) related to the Safe Streets
Task Force
SUBMITTED BY: Jay Seely, Captain
Matt Murray, Chief of Police
SUMMARY EXPLANATION:
A memorandum of understanding between the Federal Bureau of Investigations (FBI) and the
Yakima Police Department as it relates to the Safe Streets Task Force (SSTF). The Task Force
will identify federal investigative interests and enhance the effectiveness of resources and seek
the most effective investigative/prospective avenues to convict and incarcerate dangerous
offenders.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
❑ resolution 9/27/2021 Resolution
0 FBI MOU 9/23/2021 Backup Material
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RESOLUTION NO. R-2021-
A RESOLUTION authorizing a Memorandum of Understanding between the Federal Bureau
of Investigations ("FBI") and the Yakima Police Department as it relates to
the Safe Streets Task Force
WHEREAS, the Yakima Police Department and FBI seek to maintain a Safe Streets Task
Force to identify and target for prosecution criminal enterprise groups responsible for drug
trafficking, money laundering, and serious crimes of violence within the City of Yakima;
and
WHEREAS, the Memorandum of Understanding sets forth the conditions of cooperation
between the parties and the obligations of each party with respect to the Task Force; and,
WHEREAS, the City Council deems it to be in the best interest of the City to approve the
MOU, 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 the Federal Bureau of Investigations ("FBI") and the Yakima
Police Department as it relates to the FBI Safe Streets Task Force.
ADOPTED BY THE CITY COUNCIL this 5'h day of October, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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FOR OFFICIAL USE ONLY
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FEDERAL BUREAU OF INVESTIGATION
SOUTHEAST WASHINGTON SAFE STREETS TASK FORCE
MEMORANDUM OF UNDERSTANDING
PARTIES
1. This Memorandum of Understanding (MOU) is entered into by and between the Federal
Bureau of Investigation (FBI) and the Yakima Police Department (participating
agency) (collectively: the Parties). Nothing in this MOU should be construed as limiting
or impeding the basic spirit of cooperation which exists between these agencies.
AUTHORITIES
2. Authority for the FBI to enter into this agreement can be found at Title 28, United States
Code (U.S.C.), Section (§) 533; 34 U.S.C. § 10211; Title 28, Code of Federal Regulations
(C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines.
PURPOSE
3. The purpose of this MOU is to delineate the responsibilities of the Southeast Washington
Safe Streets Task Force (SSTF) personnel; formalize relationships between participating
agencies for policy guidance, planning, training, public and media relations; and
maximize inter-agency cooperation. This MOU is not intended, and should not be
construed, to create any right or benefit, substantive or procedural, enforceable at law or
otherwise by any third party against the parties, the United States, or the officers,
employees, agents, or other associated personnel thereof.
MISSION
4. The mission of the SSTF is to identify and target for prosecution criminal enterprise
groups responsible for drug trafficking, money laundering, alien smuggling, crimes of
violence such as murder and aggravated assault, robbery, and violent street gangs, as
well as to intensely focus on the apprehension of dangerous fugitives where there is or
may be a federal investigative interest. The SSTF will enhance the effectiveness of
federal/state/local law enforcement resources through a well-coordinated initiative
seeking the most effective investigative/prosecutive avenues by which to convict and
incarcerate dangerous offenders.
SUPERVISION AND CONTROL
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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A. Supervision
5. Overall management of the SSTF shall be the shared responsibility of the FBI and
participating agency heads and/or their designees.
6. The Special Agent in Charge (SAC) of the FBI Seattle Division shall designate one
Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF
Supervisor may designate a Special Agent to serve as the SSTF Coordinator. Either the
SSTF Supervisor or the SSTF Coordinator shall oversee day-to-day operational and
investigative matters pertaining to the SSTF.
7. Conduct undertaken outside the scope of an individual's SSTF duties and assignments
under this MOU shall not fall within the oversight responsibility of the SSTF Supervisor or
SSTF Coordinator. As stated in paragraph 76, below, neither the United States nor the
FBI shall be responsible for such conduct.
8. SSTF personnel will report to his or her respective agency for personnel and
administrative matters. Each participating agency shall be responsible for the pay,
overtime, leave, performance appraisals, and other personnel matters relating to its
employees detailed to the SSTF. The FBI and the participating agency may provide for
overtime reimbursement by the FBI by separate written agreement.
9. All FBI personnel will adhere to the FBI's ethical standards, including Department of
Justice (DOJ)/FBI regulations relating to outside employment and prepublication review
matters, and will remain subject to the Supplemental Standards of Ethical conduct for
employees of the DOJ.
10. All SSTF personnel, which includes Task Force Officers, Task Force Members, and Task
Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and
Domestic Investigations and Operations Guide (DIOG).
11. SSTF personnel will continue to report to their respective agency heads for non-
investigative administrative matters not detailed in this MOU.
12. Continued assignment of personnel to the SSTF will be based on performance and at the
discretion of appropriate management. The FBI SAC and SSTF Supervisor will also
retain discretion to remove any individual from the SSTF.
B. Case Assignments
13. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and
closing SSTF investigations in accordance with existing FBI policy and the applicable
U.S. Attorney General's Guidelines.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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14. Assignments of cases to personnel will be based on, but not limited to, experience,
training, and performance, in addition to the discretion of the SSTF Supervisor.
15. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI
computer system.
16. SSTF personnel will have equal responsibility for each case assigned. SSTF personnel
will be responsible for complete investigation from predication to resolution.
C. Resource Control
17. The head of each participating agency shall determine the resources to be dedicated by
that agency to the SSTF, including personnel, as well as the continued dedication of
those resources. The participating agency head or designee shall be kept fully apprised
of all investigative developments by his or her subordinates.
OPERATIONS
A. Investigative Exclusivity
18. It is agreed that matters designated to be handled by the SSTF will not knowingly be
subject to non-SSTF law enforcement efforts by any of the participating agencies. It is
incumbent on each agency to make proper internal notification regarding the SSTF's
existence and areas of concern.
19. It is agreed that there is to be no unilateral action taken on the part of the FBI or any
participating agency relating to SSTF investigations or areas of concern as described in
paragraph 4. All law enforcement actions will be coordinated and cooperatively carried
out.
20. SSTF investigative leads outside of the geographic areas of responsibility for the FBI
Seattle Division will be communicated to other FBI offices for appropriate investigation.
B. Confidential Human Sources
21. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-SSTF
personnel will be limited to those situations where it is essential to the effective
performance of the SSTF. These disclosures will be consistent with applicable FBI
guidelines.
22. Non-FBI SSTF personnel may not make any further disclosure of the identity of an FBI
CHS, including to other individuals assigned to the SSTF. No documents which identify,
tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI
approval.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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FOR OFFICIAL USE ONLY
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23. In those instances where a participating agency provides a CHS, the FBI may become
solely responsible for the CHS's continued development, operation, and compliance with
necessary administrative procedures regarding operation and payment as set forth by the
FBI.
24. The U.S. Attorney General's Guidelines and FBI policy and procedure for operating FBI
CHSs shall apply to all FBI CHSs opened and operated in furtherance of SSTF
investigations. Documentation of, and any payments made to, FBI CHSs shall be in
accordance with FBI policy and procedure.
25. Operation, documentation, and payment of any CHS opened and operated in furtherance
of an SSTF investigation must be in accordance with the U.S. Attorney General's
Guidelines, regardless of whether the handling agency is an FBI SSTF participating
agency. Documentation of state, county, or local CHSs opened and operated in
furtherance of SSTF investigations shall be maintained at an agreed upon location.
C. Reports and Records
26. All investigative reporting will be prepared in compliance with existing FBI policy. Subject
to pertinent legal and/or policy restrictions, copies of pertinent documents created by
SSTF personnel will be made available for inclusion in the respective investigative
agencies' files as appropriate.
27. SSTF reports prepared in cases assigned to SSTF personnel will be maintained at an FBI
approved location; original documents will be maintained by the FBI.
28. Records and reports generated in SSTF cases which are opened and assigned by the
SSTF Supervisor with designated oversight for investigative and personnel matters will
be maintained in the FBI investigative file for SSTF.
29. SSTF investigative records maintained at the Seattle Field Office of the FBI will be
available to all SSTF personnel, as well as their supervisory and command staff subject
to pertinent legal, administrative and/or policy restrictions.
30. All evidence and original tape recordings (audio and video) acquired by the FBI during
the course of the SSTF investigations will be maintained by the FBI. The FBI's rules and
policies governing the submission, retrieval, and chain of custody will be adhered to by
SSTF personnel.
31. All SSTF investigative records will be maintained at an approved FBI location. Placement
of all or part of said information into participating agency files rests with the discretion of
supervisory personnel of the concerned agencies, subject to SSTF Supervisor approval.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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32. Classified information and/or documents containing information that identifies or tends to
identify an FBI CHS shall not be placed in the files of participating agencies unless
appropriate FBI policy has been satisfied.
33. The Parties acknowledge that this MOU may provide SSTF personnel with access to
information about U.S. persons which is protected by the Privacy Act of 1974 and/or
Executive Order 12333. The Parties expressly agree that all such information will be
handled lawfully pursuant to the provisions thereof. The Parties further agree that if this
access to information by SSTF personnel requires a change in privacy compliance
documents, those changes will be accomplished prior to access being granted.
INFORMATION SHARING
34. No information possessed by the FBI, to include information derived from informal
communications between SSTF personnel and FBI employees not assigned to the SSTF,
may be disseminated by SSTF personnel to non-SSTF personnel without the approval of
the SSTF Supervisor and in accordance with the applicable laws and internal regulations,
procedures or agreements between the FBI and the participating agencies that would
permit the participating agencies to receive that information directly. Likewise, SSTF
personnel will not provide any participating agency information to the FBI that is not
otherwise available to it unless authorized by appropriate participating agency officials.
35. Each Party that discloses PII is responsible for making reasonable efforts to ensure that
the information disclosed is accurate, complete, timely, and relevant.
36. The FBI is providing access to information from its records with the understanding that in
the event the recipient becomes aware of any inaccuracies in the data, the recipient will
promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI
becomes aware that information it has received pursuant to this MOU is inaccurate, it will
notify the contributing Party so that corrective action can be taken.
37. Each Party is responsible for ensuring that information it discloses was not knowingly
obtained or maintained in violation of any law or policy applicable to the disclosing Party,
and that information is only made available to the receiving Party as may be permitted by
laws, regulations, policies, or procedures applicable to the disclosing Party.
38. Each Party will immediately report to the other Party each instance in which data received
from the other Party is used, disclosed, or accessed in an unauthorized manner
(including any data losses or breaches).
39. The Parties agree that either or both may audit the handling and maintenance of data in
electronic and paper recordkeeping systems to ensure that appropriate security and
privacy protections are in place.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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PROSECUTIONS
40. SSTF investigative procedures, whenever practicable, are to conform to the requirements
which would allow for either federal or state prosecution.
41. A determination will be made on a case-by-case basis whether the prosecution of SSTF
cases will be at the state or federal level. This determination will be based on the
evidence obtained and a consideration of which level of prosecution would be of the
greatest benefit to the overall objectives of the SSTF.
42. In the event that a state or local matter is developed that is outside the jurisdiction of the
FBI or it is decided to prosecute a SSTF case at the state or local level, the FBI agrees to
provide all relevant information to state and local authorities in accordance with all
applicable legal limitations.
A. Investigative Methods/Evidence
43. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the
Parties agree to conform to federal standards concerning evidence collection, processing,
storage, and electronic surveillance. However, in situations where the investigation will
be prosecuted in the State Court where statutory or common law of the state is more
restrictive than the comparable federal law, the investigative methods employed by FBI
case agents shall conform to the requirements of such statutory or common law pending
a decision as to venue for prosecution.
44. In all cases assigned to state, county, or local law enforcement participants, the Parties
agree to utilize federal standards pertaining to evidence handling and electronic
surveillance activities as outlined in the DIOG to the greatest extent possible. However,
in situations where the statutory or common law of the state is more restrictive than the
comparable federal law, the investigative methods employed by state and local law
enforcement agencies shall conform to the requirements of such statutory or common law
pending a decision as to venue for prosecution.
45. The use of other investigative methods (search warrants, interceptions of oral
communications, etc.) and reporting procedures in connection therewith will be consistent
with the policies and procedures of the FBI.
B. Undercover Operations
46. All SSTF undercover operations will be conducted and reviewed in accordance with FBI
guidelines and the U.S. Attorney General's Guidelines on FBI Undercover Operations. All
participating agencies may be requested to enter into an additional agreement if an
employee of the participating agency is assigned duties which require the officer to act in
an undercover capacity.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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USE OF LESS-THAN-LETHAL-DEVICES'
47. The parent agency of each individual assigned to the SSTF will ensure that while the
individual is participating in FBI-led task force operations in the capacity of a task force
officer, task force member, or task force participant, the individual will carry only less-
lethal devices that the parent agency has issued to the individual, and that the individual
has been trained in accordance with the agency's policies and procedures.
48. The parent agency of each individual assigned to the SSTF will ensure that the agency's
policies and procedures for use of any less-lethal device that will be carried by the task
force officer, task force member, or task force participant are consistent with the DOJ
policy statement on the Use of Less-Than-Lethal Devices.'
DEADLY FORCE AND SHOOTING INCIDENT POLICIES
49. SSTF personnel will follow their own agencies' policies concerning firearms discharge
and use of deadly force.
DEPUTATIONS
50. Local and state law enforcement personnel designated to the SSTF, subject to a limited
background inquiry, shall be sworn as federal task force officers either by acquiring Title
21 or Title 18 authority (via the United States Marshals), with the FBI securing the
required deputation authorization. These deputations should remain in effect throughout
the tenure of each investigator's assignment to the SSTF or until the termination of the
SSTF, whichever comes first.
51. Deputized SSTF personnel will be subject to the rules and regulations pertaining to such
deputation. Administrative and personnel policies imposed by the participating agencies
will not be voided by deputation of their respective personnel.
Pursuant to Section VIII of the DOJ Less-Than-Lethal Devices Policy dated May
16, 2011, all state/local officers participating in joint task force operations must be made aware of and
adhere to the policy and its limits on DOJ officers.
2 Less-lethal —When use of force is required, but deadly force may not be appropriate, law
enforcement officers may employ less-lethal weapons to gain control of a subject. Less-lethal weapons
are designed to induce a subject to submit or comply with directions. These weapons give law
enforcement officers the ability to protect the safety of officers, subjects, and the public by temporarily
incapacitating subjects. While less-lethal weapons are intended to avoid causing any serious harm or
injury to a subject, significant injuries and death can occur from their use.
The term "less-than-lethal" is synonymous with "less-lethal", "non-lethal", "non-deadly", and
other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less-Than-
Lethal Devices. "Less-lethal" is the industry standard and the terminology the FBI has elected to utilize in
reference to this policy.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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VEHICLES
52. In furtherance of this MOU, employees of participating agencies may be permitted to
drive FBI owned or leased vehicles for official SSTF business and only in accordance
with applicable FBI rules and regulations, including those outlined in the FBI Government
Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation
Guide (0430PG). The assignment of an FBI owned or leased vehicle to participating
agency SSTF personnel will require the execution of a separate Vehicle Use Agreement.
53. The participating agencies agree that FBI vehicles will not be used to transport
passengers unrelated to SSTF business.
54. The FBI and the United States will not be responsible for any tortious act or omission on
the part of each participating agency and/or its employees or for any liability resulting
from the use of an FBI owned or leased vehicle utilized by participating agency SSTF
personnel, except where liability may fall under the provisions of the Federal Tort Claims
Act (FTCA), as discussed in the Liability Section herein below.
55. The FBI and the United States shall not be responsible for any civil liability arising from
the use of an FBI owned or leased vehicle by participating agency SSTF personnel while
engaged in any conduct other than their official duties and assignments under this MOU.
56. To the extent permitted by applicable law, the participating agencies agree to hold
harmless the FBI and the United States, for any claim for property damage or personal
injury arising from any use of an FBI owned or leased vehicle by participating agency
SSTF personnel which is outside the scope of their official duties and assignments under
this MOU.
SALARY/OVERTIME COMPENSATION
57. The FBI and each participating agency remain responsible for all personnel costs for their
SSTF representatives, including salaries, overtime payments, and fringe benefits
consistent with their respective agency, except as described in paragraph 58 below.
58. Subject to funding availability and legislative authorization, the FBI will reimburse to
participating agencies the cost of overtime worked by non-federal SSTF personnel
assigned full-time to SSTF, provided overtime expenses were incurred as a result of
SSTF-related duties, and subject to the provisions and limitations set forth in a separate
Cost Reimbursement Agreement to be executed in conjunction with this MOU. A
separate Cost Reimbursement Agreement must be executed between the FBI and
participating agencies for full-time employee(s) assigned to SSTF, consistent with
regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall
be compensated in accordance with applicable participating agency overtime provisions
and shall be subject to the prior approval of appropriate personnel.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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PROPERTY AND EQUIPMENT
59. Property utilized by the SSTF in connection with authorized investigations and/or
operations and in the custody and control and used at the direction of the SSTF, will be
maintained in accordance with the policies and procedures of the agency supplying the
equipment. Property damaged or destroyed which was utilized by SSTF in connection
with authorized investigations and/or operations and is in the custody and control and
used at the direction of SSTF, will be the financial responsibility of the agency supplying
said property.
FUNDING
60. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds,
but rather is a basic statement of the understanding between the Parties hereto of the
tasks and methods for performing the tasks described herein. Unless otherwise agreed
in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by
each Party will be subject to its budgetary processes and to the availability of funds and
resources pursuant to applicable laws, regulations, and policies. The Parties expressly
acknowledge that the above language in no way implies that Congress will appropriate
funds for such expenditures.
FORFEITURES
61. The FBI shall be responsible for processing assets seized for federal forfeiture in
conjunction with SSTF operations.
62. Asset forfeitures will be conducted in accordance with federal law and the rules and
regulations set forth by the FBI and DOJ. Forfeitures attributable to SSTF investigations
may be equitably shared with the agencies participating in the SSTF.
DISPUTE RESOLUTION
63. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to
achieve the SSTF's objectives.
64. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction,
case assignments, workload, etc., at the field level first before referring the matter to
supervisory personnel for resolution.
MEDIA RELEASES
65. All media releases and statements will be mutually agreed upon and jointly handled
according to FBI and participating agency guidelines.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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66. Press releases will conform to DOJ Guidelines regarding press releases. No release will
be issued without FBI final approval.
SELECTION TO SSTF AND SECURITY CLEARANCES
67. If a participating agency candidate for the SSTF will require a security clearance, he or
she will be contacted by FBI security personnel to begin the background investigation
process prior to the assigned start date.
68. If, for any reason, the FBI determines that a participating agency candidate is not
qualified or eligible to serve on the SSTF, the participating agency will be so advised and
a request will be made for another candidate.
69. Upon being selected, each candidate will receive a comprehensive briefing on FBI field
office security policies and procedures. During the briefing, each candidate will execute
non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by
the FBI.
70. Before receiving unescorted access to FBI space identified as an open storage facility,
SSTF personnel will be required to obtain and maintain a "Top Secret" security clearance.
SSTF personnel will not be allowed unescorted access to FBI space unless they have
received a Top Secret security clearance.
71. Upon departure from the SSTF, each individual whose assignment to the SSTF is
completed will be given a security debriefing and reminded of the provisions contained in
the non-disclosure agreement to which he or she previously agreed.
LIABILITY
72. The Parties acknowledge that this MOU does not alter the applicable law governing civil
liability, if any, arising from the conduct of personnel assigned to the SSTF.
73. Each participating agency shall immediately notify the FBI of any civil, administrative, or
criminal claim, complaint, discovery request, or other request for information of which the
agency receives notice, concerning or arising from the conduct of personnel assigned to
the SSTF or otherwise relating to the SSTF. Each participating agency acknowledges
that financial and civil liability, if any and in accordance with applicable law, for the acts
and omissions of each employee detailed to the SSTF remains vested with his or her
employing agency. In the event that a civil claim or complaint is brought against a state
or local officer assigned to the SSTF, the officer may request legal representation and/or
defense by DOJ, under the circumstances and pursuant to the statutes and regulations
identified below.
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
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74. For the limited purpose of defending against a civil claim arising from alleged negligent or
wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b) and §§ 2671-
2680: an individual assigned to the SSTF who is named as a defendant in a civil action
as a result of or in connection with the performance of his or her official duties and
assignments pursuant to this MOU may request to be certified by the U.S. Attorney
General or his designee as having acted within the scope of federal employment at the
time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such
certification, the individual will be considered an "employee" of the United States
government for the limited purpose of defending the civil claim under the FTCA, and the
claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2).
Once an individual is certified as an employee of the United States for purposes of the
FTCA, the United States is substituted for the employee as the sole defendant with
respect to any tort claims. Decisions regarding certification of employment under the
FTCA are made on a case-by-case basis, and the FBI cannot guarantee such
certification to any SSTF personnel.
75. For the limited purpose of defending against a civil claim arising from an alleged violation
of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named
Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): an individual assigned
to the SSTF who is named as a defendant in a civil action as a result of or in connection
with the performance of his or her official duties and assignments pursuant to this MOU
may request individual-capacity representation by DOJ to defend against the claims. 28
C.F.R. §§ 50.15, 50.16. Any such request for individual-capacity representation must be
made in the form of a letter from the individual defendant to the U.S. Attorney General.
The letter should be provided to Chief Division Counsel (CDC)for the FBI
Division, who will then coordinate the request with the FBI Office of the General Counsel.
In the event of an adverse judgment against the individual, he or she may request
indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation
and indemnification are determined by DOJ on a case-by-case basis. The FBI cannot
guarantee the United States will provide legal representation or indemnification to any
SSTF personnel.
76. Liability for any conduct by SSTF personnel undertaken outside of the scope of their
assigned duties and responsibilities under this MOU shall not be the responsibility of the
FBI or the United States and shall be the sole responsibility of the respective employee
and/or agency involved.
DURATION
77. The term of this MOU is for the duration of the SSTF's operations, contingent upon
approval of necessary funding, but may be terminated at any time upon written mutual
consent of the agency involved.
FOR OFFICIAL USE ONLY
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Neither it nor its contents may be released without authorization by FBI Heacquarters.
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78. Any participating agency may withdraw from the SSTF at any time by written notification
to the SSTF Supervisor with designated oversight for investigative and personnel matters
or program manager of the SSTF at least 30 days prior to withdrawal.
79. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the
supplying agency/agencies. In addition, when an entity withdraws from the MOU, the
entity will return equipment to the supplying agency/agencies. Similarly, remaining
agencies will return to a withdrawing agency any unexpended equipment supplied by the
withdrawing agency during any SSTF participation.
MODIFICATIONS
80. This agreement may be modified at any time by written consent of all involved agencies.
Modifications to this MOU shall have no force and effect unless such modifications are
reduced to writing and signed by an authorized representative of each participating
agency.
SIGNATORIES
Special Agent in Charge Date
Federal Bureau of Investigation
Bob Harrison Date
City Manager
City of Yakima
FOR OFFICIAL USE ONLY
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Neither it nor its contents may be released without authorization by FBI Headquarters.