HomeMy WebLinkAboutR-2021-132 Resolution authorizing a Memorandum of Understanding with the Federal Bureau of Investigations (FBI) related to the Safe Streets Task ForceA RESOLUTION
RESOLUTION NO. R-2021-132
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 5th day of October, 2021,
atricia Byers, ayor
FOR OFFICIAL USE ONLY
1
FEDERAL BUREAU OF INVESTIGATION
SOUTHEAST WASHINGTON SAFE STREETS TASK FORCE
MEMORANDUM OF UNDERSTANDING
PARTIES
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
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.
FOR OFFICIAL USE ONLY
A. Supervision
Overall management ofthe S8TFshall bGthe shared responsibility ofthe FBI and
participating agency heads and/or their designees.
6, The Special Agent inCharge 0SAC>ofthe FBI Seattle Division shall designate one
Supervisory Special Agent f8STFSupervisor) tosupervise the 8STF. TheGGTF
Supervisor may designate a Special Agent to serve as the SSTF Coordinator. Either the
O8TF Supervisor orthe SSTFCoordinator shall oversee day-to-dayoperational and
investigative matters pertaining tothe SGTF.
7. Conduct undertaken outside the scope ofonindividua'sGSTF duties and assignments
under this MOU shall not fall within the oversight responsibility of the SSTF Supervisor or
SOTFCoundincder. As stated inparagraph 76. bo|ovx. neither the United States nor the
FBI shall beresponsible for such conduct,
& SSTFpersonnel will report tohis nrher respective agency for personnel and
administrative matters. Each participating agency shall beresponsible for the pay,
overtime, |eave, performance appraisals, and other personnel matters relating to its
employees detailed tothe 8STF. The FBI and the participating agency may provide for
overtime reimbursement bythe FBI byseparate written agreement.
All FBI personnel will adhere to the FBI's ethical otmnde[de. including Department of
Justice (DOU)/FB| regulations relating t0 outside employment and prepublication review
mmttene, and will remain subject bothe Supplemental Standards of Ethical conduct for
employees gfthe [JOJ.
10. All SSTF personnel, which includes Task Force Officers, Task Force Members, and Task
Force Particip8nt8, must adhere hothe 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 SSTFwil| be based on performance and at the
discretion ofappropriate management. The FBI SAC and 88TFSupervisor will also
retain discretion to remove any individual from the SSTF.
El Case Assignments
13. The FBI SGTFSupervisor will be responsible for opening, monitorino, direoting, and
closing SSTF investigations in accordance with existing FBI policy and the applicable
U.G.Attorney General's Guidelines,
FOR OFFICIAL USE ONLY
This document |sthe property ofthe FBI and is loaned hoyour
Neither it nor its contents may be released without authorization by FBI Headquortem.
FOR OFFICIAL USE ONLY
14. Assignments of cases to personnel will be based on, but not limited to, expeheOCe,
training, and performance, in addition to the discretion of the S8TFSupenvisor
15, For FBI administrative pmrposea. G8TF cases will be entered into the relevant FBI
computer system.
16, S8TFpersonnel will have equal responsibility for each case assigned. GGTFpersonne|
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 ordesignee shall bekept fully apprised
ofall investigative developments byhis orher subordinates,
OPERATIONS
A. Investigative Exclusivity
18. |tisagreed that matters designated tobehandled by the SSTF will not knowingly be
subject tonOn-5GTFlaw enforcement efforts bvany Vfthe 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 bJGOTFinvestigations nrareas mfconcern aadescribed in
paragraph 4. All law enforcement actions will becoordinated and cooperatively carried
out
208STF investigative leads outside ofthe geographic areas ofresponsibility for the FBI
Seattle Division will be communicated to other FBI offices for appropriate investigation,
B. Confidential Human Sources
21. The disclosure nfFBI informants, or Confidential Human Sources 8CHSs\,tn non-S5TF
personnel will be limited to those situations where it is essential to the effective
performance of the8STF. These disclosures will beconsistent with applicable FBI
22. Non -FBI G8TFpersonnel may not make any further disclosure Ofthe identity ofanFBI
[|H8.including toother individuals assigned tothe G8TF. 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 isthe property ofthe FBI and is loaned uoyour
Neither itnor its contents may he released without authorization by FBI Heodquartern.
FOR OFFICIAL USE ONLY
23. |nthose instances where aparticipating agency provideso{}H8.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
FBL
24. The U.GAttorney General's Guidelines and FBI policy and procedure for operating F0|
CH8ushall apply 10all FBI CHGeopened and operated infurtherance ofS8TF
investigations. Documentation of, and any payments 0ade to, FBI GHSs shall be in
accordance with FBI policy and procedure.
25. Operation,documentation, and payment qfany CHSopened and operated in furtherance
ofen8STFinvestigation must beinaccordance with the U.S. Attorney General's
Guidelines, regardless ofwhether the handling agency i8Gn FBI S8TFparticipating
agency. Documentation ofstate, county, orlocal CH8aopened and operated in
furtherance of SSTF investigations shall be maintained at an agreed upon location,
C. Reports and Records
26, All investigative napnrbnQ will be prepared in compliance with existing FBI policy. Subject
tupertinent legal and/or policy restrictions, copies ofpertinent documents created hy
SSTF personnel will be made available for inclusion in the respective investigative
agencies' files as appropriate.
27. G8TFreports prepared incases assigned to S8TFpersonnel will bemaintained atgnFBI
approved location; original documents will be maintained by the FBI,
28. Records and reports generated inS8TFcases which are opened and assigned by the
GGTFSupervisor with designated oversight for investigative and personnel matters will
be maintained in the FBI investigative file for SSTF,
29. 88TF investigative records maintained an the Seattle Field Dffims 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 nfthe 8STFinvestigations will bemaintained bythe FBI. The FBI's rules and
policies governing the submission, retrieval, and chain of custody will be adhered to by
GGTFpernonnei
31. All S8TFinvestigative records will bemaintained ctanapproved 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 theFB and is loaned toyour agenny
Neither it nor its contents may be released without authorization by FBI Headquartara.
FOR OFFICIAL USE ONLY
32. Classified information and/or documents containing information that identifies ortends bo
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 MOUmay provide SSTF personnel with access to
information about U.S. persons which is protected by the Privacy Act of 1074 and/or
Executive Order 12333. The Parties expressly agree that all such information will Ue
handled lawfully pursuant tothe provisions thereof. The Parties further agree that ifthis
access toinformation bySSTFpersonnel requires achange inprivacy compliance
documents, those changes will be accomplished prior to access being granted.
INFORMATION SHARING
34. Noinformation possessed bvthe FBI, toinclude 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 direct|y. Likewise. 8STF
personnel will not provide any participating agency information tothe FBI that ionot
otherwise available to it unless authorized by appropriate participating agency officials.
35. Each Party that discloses PUkoresponsible for making reasonable efforts tnensure that
the information disclosed is accurate, complete, timely, and relevant.
36. 'The FBI iaproviding access tninformation from its records with the understanding that in
the event the recipient becomes avvone of any inaccuracies in the data, the recipient will
promptly notify the FBI aP that corrective action can be taken. Similarly, if the FBI
becomes mVxano that information it has received pursuant tothis K0C]U is inaccunJte, it will
notify the contributing Party sothat corrective action can betaken.
37 Each Party is responsible for ensuring that information it discloses was not knowingly
obtained or maintained in violation of any law nr policy applicable to the d|ao|oo|n8 Party.
and that information is only made available to the receiving Party as may be permitted by
]mm/e, nagu|gtiono, po|ioies, 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 orbreachoa).
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 inplace.
FOR OFFICIAL
This document isthe property ofthe FBI and is loaned bzyour
Neither knor its contents may bereleased without authorization byFBI Heacqumrtero,
FOR OFFICIAL USE ONLY
PROSECUTIONS
40. 8STFinVeDtigadve procedures,whenever practicable, are toconform 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;dthe state n[federal level. This determination will bebased onthe
evidence obtained and a consideration ofwhich level Ofprosecution would beOfthe
greatest benefit tothe overall objectives ofthe SSTF.
42. In the event that ostate 0r local matter, isdeveloped that isoutside the jurisdiction nfthe
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 toonFB[8 ia|AgentorinvvhichFBiCf1Ssareuti|ized.thn
Parties agree to conform to federal standards concerning evidence collection, processing,
storage, and electronic surveillance. However, insituations where the investigation will
heprosecuted inthe State Court where statutory orcommon law mfthe state |amore
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
mdecision gotgvenue 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 []|{}G tothe greatest extent possible, However,
in situations xvhena the statutory or cnrDrDon |avv 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 iavV
pending 8decision astovenue for prosecution,
45 The use of other investigative methods (search mxarnanbs, interceptions of oral
communications, etc.) and reporting procedures in connection therewith will be consistent
with the policies and procedures ofthe FBI.
B. Undercover Operations
46. All SSTFundercover operations will beconducted and reviewed inaccordance with FBI
guidelines and the U.S. Attorney General's Guidelines on FBI Undercover Operations. All
participating agencies may berequested toenter into anadditional agreement if an
employee of the participating agency is assigned duties which require the officer to act in
anundercover capacity,
FOR OFFICIAL USE ONLY
This document isthe property ofthe FBI and isloaned rmgenny
Neither itnor its contents may be released without authorization by FBI Headquadena.
FOR OFFICIAL USE ONLY
USE OFLESS-THIAN-LETHAL-DEDCE-S'
47 The parent agency of each individual assigned bnthe 8STFwill 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 inaccordance with the agency's policies and procedures,
4& The parent agency ofeach individual assigned tothe 8STFwill ensure that the agency's
policies and procedures for use ofany less -lethal device that will he carded bythe task
force officer, task force member, or task force participant are consistent with the DOJ
policy statement nnthe Use ofLess-Thmn-Lethm|[>evices.o
DEADLY, FORCE��������T|�KS|�K�|�EmTP��L|C|ES
� � �
49SSTFpersonnel will follow their own agencies' policies concerning firearms discharge
and use ofdeadly force.
DEPUTATIONS
50. Local and state law enforcement personnel designated to the SGTF.subject toalimited
background inquiry, shall be sworn as federal task force officers either by acquiring Title
21 or Title 18authority (via the United States Marshals), with the FBI securing the
required deputation authorization. These deputations should remain ineffect throughout
the tenure ofeach investigator's assignment 1Vthe S8TForuntil the termination ofthe
SSTF.whichever comes first.
51. Deputized S8TFpersonnel will be subject tmthe rules and regulations pertaining to such
deputmtion. Administrative and personnel policies imposed by the participating agencies
will not Uevoided bydeputation oftheir 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 tothe policy and its limits onD[)Jofficers,
z 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 toinduce osubject tosubmit orcomply with directions. These weapons give law
enforcement officers the ability toprotect the safety nfofficers, subjects, and the public bytemporarily
incapacitating subjects, While less -lethal weapons are intended to avoid causIng any serious harm or
injury toasubject, significant injuries snddeaLhoanoncorhromthoiruae.
The term ^|eso-thun-|etha|^insynonymous with ^|ess-|ntha|^.^non'|etho|^."non'daad|y''.and
other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less-Than-
LethalDaviceo. "Less -lethal" is the industry standard and the terminology the FBI has elected to utilize in
reference bmthis policy.
FOR OFFICIAL
FOR OFFICIAL USE ONLY
VEHICLES
52. In furtherance of this MOU.employees of participating agencies maybe 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 iOthe FBI Government
Vehicle Policy Directive /0430O\ and the Government Vehicle Policy |nnp|ennenbytinn
Guide(O45OPG). The assignment of8nFBI owned Vrleased vehicle tDparticipating
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 responsiblefor any tOrtiouuact mromission on
the part Ofeach participating agency and/or its employees orfor any liability resulting
from the use nfmnFBI owned orleased vehicle utilized byparticipating agenoyGSTF
personnel, except where liability may fall under the provisions of the Federal Tort Claims
Act(FTCA). as discussed iothe 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. Tothe extent permitted byapplicable law, the participating agencies agree to hold
harmless the FBI and the United States, for any claim for property damage mrpersonal
injury arising from any use of an FBI owned or leased vehicle by participating agency
8STFpersonnel which iooutside, the scope 0ftheir official duties and assignments under
thieMOU.
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.
5& 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 S3TF, provided overtime expenses were incurred oso result of
GSTF'nB[8ted duties, and subject tothe provisions and limitations set forth in m separate
Cost Reimbursement Agreement to be executed inconjunction m/iththioyW{}U. A
separate Cost Reimbursement Agreement must be executed between the FBI and
participating agencies for full-time employee(s) assigned to SSTF, consistent with
nagu|mUono and po|icy, prior to any reimbursement by the FBI, C#henw/se, overtime shall
becompensated inaccordance with applicable participating agency overtime provisions
and shall besubject tothe prior approval ofappropriate personnel,
FOR OFFICIAL USE ONLY
This document hsthe property ofthe FBI and ialoaned boyour agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
FOR OFFICIAL USE ONLY
9
PROPERTY AND EQUIPMENT
59. Property utilized bvthe SSTFinconnection with authorized investigations and/or
operations and inthe custody and control and used atthe direction nfthe 88TP.will bo
maintained in accordance with the policies and procedures of the agency supplying the
equipment. Property damaged ordestroyed which was utilized bySGTFiDconnection
with authorized investigations and/or operations and is in the custody and control and
used atthe direction ofS8TF.will bethe financial responsibility Ofthe agency supplying
said property.
FUNDING
60. This MOUisnot mnobligation orcommitment of funds, nor abasis for transfer of fumds,
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
inwriting, each Party shall bear its own costs inrelation 10 thisyNOU. Expenditures by
each Party will besubject toits budgetary processes and b]the availability offunds and
resources pursuant to applicable laws, reQu|ationa, and policies. The Parties expressly
acknowledge that the above language innoway implies that Congress will appropriate
funds for such expenditures.
FORFEITURES
61, The FBI shall beresponsible for processing assets seized for federal forfeiture hn
conjunction with SSTF operations,
62. Asset forfeitures will be conducted inaccordance with federal law and the rules and
regulations set forth bvthe FBI and [)OJ. Forfeitures attributable toG8TFinvestigations
maybe equitably shared with the agencies participating inthe 88TF.
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 toattempt tmresolve any disputes regarding jurisdiction,
case assignments, workload, etn.adthe field level first before referring the matter tV
supervisory personnel for resolution,
MEDIA RELEASES
65. All media releases and statements will bemutually agreed upon and jointly handled
according tVFBI and participating agency guidelines.
FOR OFFICIAL USE ONLY
This document is the propertyof the FBI and isloaned to!your agency,
Neither itnor its contents may be released without authorization by FBI Headquarters.
FOR OFFICIAL USE ONLY
10
88. Pnano releases will conform to DOJ Guidelines regarding press releases. No release will
beissued without FBI final approval.
SELECTION TOGSTFAND SECURITY CLEARANCES
67. If a participating agency candidate for the 8STFwiU require o security clearance, he or
she will be contacted by FBI security personnel to begin the background investigation
process prior tothe 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
arequest will bemade for another candidate.
09. Upon being selected, each candidate will receive acomprehensive briefing onFBI 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,
SGTF 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 @ Top Secret security clearance.
71. Upon departure from the SSTF.each individual whose assignment tothe 8STFis
completed will be given a security debriefing and reminded of the provisions contained in
the non -disclosure agreement tmwhich heQrshe 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 uhoU immediately notify the FBI of any civU, aUministoative, 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 8BTForotherwise relating tothe SOTF. Each participating agency acknowledges
that financial and civil Dabi|ity, if any and in accordance with applicable |avv, for the mots
and omissions of each employee detailed to the SSTF remains vested with his or her
employing agency. In the event that e civil claim or complaint is brought against m 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 ofthe FBI and is loaned to your eq�ncy
Neither itnor its contents may be released without authorization by FBI Headquortem.
FOR OFFICIAL USE ONLY
11
74, For the limited purpose Ofdefending against a civil claim arising from alleged negligent or
wrongful conduct under common law under the FTCA.28U.8.C. §1346(b) and G§3071-
2O88:anindividual assigned to the G8TFwho isnamed asadefendant iD@civil action
as aresult ofo[inconnection with the performance ofhis orher official duties and
assignments pursuant tothis K8C}Umay request tnbgcertified bythe U.8.Attorney
General or his designee as having acted within the scope of federal employment at the
time ofthe incident giving rise to the suit, 28 U.S.C. G 3679(d)(2). Upon such
certificadioO, the individual will be considered an "emp|oyee"Qfthe United States
government for the limited purpose of defending the civil claim under the FTCA, and the
claim will proceed against the United States aGsole defendant. 28U.S.C. §287S(d)(2).
Once anindividual is certified as aOemployee ofthe United States for purposes ofthe
FTCA.the United States issubstituted for the employee aothe sole defendant with
respect toany tort claims. Decisions regarding certification ofemployment under the
FTCAare made onecmse-bv-oaoebasis, and the FBI cannot guarantee such
certification tmany SSTFpersonnel.
75. For the limited purpose ofdefending against @ civil claim arising from onalleged violation
mfthe U.S.Constitution pursuant to42U.8.C. §19G3orBivenoy.Six Unknown Named
Acients ofthe Federal Bureau ofNarcotics, 4O3U.8'3OD(1S71): anindividual assigned
to the SSTFwho ionamed aoadefendant in acivil action @Garesult oforinconnection
with the performance of his or her official duties and assignments pursuant to this MOU
may request individ u al-ca pa city representation by DOJ to defend against the claims, 38
C.F.R,8§5Q.15.5O.16. Any such request for individual -capacity representation must bm
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 Seattle
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 OCQ. 28C.F.R. § 50.15(o)(4). Requests for [)OJrepresentation
and indemnification are determined byDOJqnocaae-by-oaaebasis, The FBI cannot
guarantee the United States will provide legal representation or indemnification to any
SSTFpenaonne|.
76. Liability for any conduct bvSGTFpersonnel undertaken outside Ofthe scope oftheir
assigned duties and responsibilities under this M[)Ushall not bethe responsibility ofthe
FBI or the United States and shall be the o0|e 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 ofnecessary funding, but may beterminated sdany time upon written mutual
consent ofthe agency involved,
FOR OFFICIAL USE ONLY
This document imthe property ofthe FBI and isloaned to your
Neither |tnor its contents may be released without authorization by F8| Roadquertera.
FOR OFFICIAL USE ONLY
12
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 vvithdrayvs from the MOU, the
entity will return equipment to the supplying agencyfagencies. Similarly, remaining
agencies will return to a withdrawing agency any unexpended equipment supplied by the
withdrawing agency during any SSTF participation.
ODIFICATIONS
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.
Donald M. V ret
Special Agent in Charge
Seattle Division
F al Bureau oUpestiiation
Bob -Harrison YLill
City Manager
City of Yakima
CFTY CONTRACT NO:
RESOLUTION NOU
t
Off 1
Date
FOR OFFICIAL USE ONLY
This document is the property of the FBI arid is loaned to your agency.
Neither it nor its contents may be released without authorizatlon by FBI Headquarters
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.H.
For Meeting of: October 5, 2021
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
❑ resolution 9/27/2021
0 FBI MOU 9/23/2021
Type
Resolution
Backup Material