HomeMy WebLinkAboutPD2016-0331 - Original - ATF - Memorandum of Understanding regarding Seattle Violent Crime Task Force - 02/04/2016MEMOI{ANDUM OF IJNDERSTANDING
BETWEEN
THE BUREAU OF ÀLCOHOL, TOBACCO, FIREARMS AND EXPLOSMS (ATÐ,
AND
TTTE KENT POLICE DEPARTMNNT KPD)
This Memorandum of Understanding ("MOU") is entered into by and between the Bureau of
Alcohol, Tobacco, Firearms and Explosives ("ATF") and the Kent Police Deparhnent as it
relates to the Scattle Violent Crime Task Force fterein referred to as tbe "Task force").
BACKGROUND
This task force has been cxpanded in ordcr to concentatc on combatting violent crime in the
South King County aroa. There have been numerous violent crimes occuming as a result of
continu{,'d gang retaliation shootings. Most of these incidents have occurred or have ties to South
King County.
AUTI.IORITIES
Offenses investigated and enforced pursuant to this MOU are those falling within ATF's
jurisdiction, including Chapters 40,44, and I14, Title 18 Unitcd States Codc and Chapter 53,
Title 26, United States Code.
PURPOSE
Thc Task Force will perform the activities and dutics described below:
a. Investigate firearms trafñcking
b, Investigate firearms relatcd violent crime including whilc drug tafftcking
c. Gather and report intelligence data relating to trafficking in fìrearms
d, Conduct undercover operations where appropriate and engage in other taditional
methods of investigation in order that the Task Force's activities will result in effective
prosecution before the courts of the United States and the Staùe of lrlVashingon.
The mission of the participating Agencies is to condust in-depth investigations of firearns-
rclatcd crimes; to identily and target for prosecution the prpehators of such crirnes (i.e.
outlaw motorcycle organizations, sbeet Bffigs, armed career criminals and armed narcotic
trafÍickers); and to achieve maximum coordination and cooperation in bringing to bear the
cornbined resources of thc participating Agencies aimed at redueing the most violent criminal
activity within the community.
ATF,LECI Task Force MOU Page 1
MEASUREMENT OF ST.TCCESS
The success of this initiative will be measured by the participating agencies willingness to sha¡e
certain information, (i.e crime sfatistics) for thc purpose of measuring the success of the task
force as well as its performance.
. Reduce thc risk to public safety caused by the criminal possession and use of a firearm
. Reduce the risk to public safety caused by criminal organizations and gangs.
PHYSICAL LOCATION
Officers/troopers/agents assigned to this Task Force by their employer shall be refened to as task
force off¡sers (TFOs). TFOs will be assigned to the ATF Seattle V Field Officc and will be
located at 915 Second Avcnuc, Room 79û, Seattle Wæhington r¡¡rtil additional offtce space will
be completed and the task force will be reporting to spaccd co-located with the Port of Seattlc
Police at the Seattle-Tacorna International Airport.
SUPBRVISION .{ND CONTROL
The day+o-day supervision and administ¡ative conhol of TFOs will be the mutual responsibility
of the participants, with the ATF Special Agent in Charge or his/her designee having operational
control over all operations relatcd to this Task Force,
Each 'IF'O shall remain subject to their respective agencies'policies, and shall report to their
respective agencies regarding matters unrelated to this agreemenltask force. V/ith regard to
matters related to the l'ask F'orce, TFOs will be subject to Federal law and Deparunent of
Justice (DOi) and ATF orders, regulatíons and policy, including those related to standards
of concluct, sexual harassment, equal opportunity issues and Federal disclosure laws.
Failure to comply with this paragraph could result in a TSO's dismissal from the Tæk F'orce.
ATF agrees to designate the Group Supervisor, Seattle V Field Office as ATF's coordinator
of thìs agrecment. The KPD Chief and/or designee will serve as the department's
coordinator. The coordinators will have overall responsibility for the policies and
guidelines affecting this MOU, Operational problems encountered between ATF and KPD
will be mutually addressed and resolved by the coordinators.
PIiRSONNEL, RESOURCES AND SIJPERVTSION
To accomplish thc objcctives of the Task Foroe, ATF vvi[ assign Special Agents to the Task
Fo¡ce. ATF will also, subject to the availability of ftnds, provide necsssa¡y ñ¡nds and
equipment to support the activities of the ATF Special Agents and ofhcers assigned to the Task
Force, This support may include; office space, office supplies, tavel funds, fr¡nds for the
purchase of evidence and information, investigative equipment, train¡ng, and other support
items.
ATf JLE0 Tasl< Force MOU ?age2
Each participating agsncy agrees to make available to their assigned task forcc mcmbers any
cquipmcnt ordinarily assigned for use by that agency. ln the event ATF supplies equipment
(which may include vehicles, weapons or radios), TFOs must abide by any applicable ATF
property orde¡s or policy, and may be required lo enter into a separate agreement for thcir use.
To accomplish the objectives of the Task Force, the Kent Police Department agrees to detail one
fulltime TFO to the Tssk Force for a period of not less than two (2) years.
All TFOs shall qualify wilh thcir respective firearms by complying with ATI's Firearms and
Weapons Policy.
SE CURITY CLEAR.{I..{CES
All TFOs will undergo a security clearance and background investigation, and ATF shall bear
thc costs associatcd with those investigations. TFOs must not be the subject of any ongoing
investigation by their department or any other law enforcement agency, and past behavior or
punishment, disciplinary, punitive or otherwíse, may disqualify one from eligibility to join the
Task Force. ATF has frnal authority as to the suitability of TFOs for inclusion on ttre Task
Forcc.
DEI'UTÄTIONS
ATF, as the sponsoring Fcderal law enforcement agency, may request at its sole discretion that
the pnrticipating agency's TFOs be deputized by the U.S, Marshals Service to extend their
jurisdiction, to include applying for and executing Federal search and arrest wanants, and
requesting and exccuting Fedcral grandju{y subpoËnas for records and evidence involving
violations of Fcderal laws, Such requests will bc made on an individual basis ¡s determined by
ATF.
The participating agencies agree that any Federal authority that may be confened by a deputation
is limited to activities supervised by ATF and will terminate whcn this MOU is terminated or
when the deputized TFOs leave the Task Force, or at the discretion of ATF.
ASSIGNMENTS, REPORTS AND INFORMÄTION SHARING
An ATF supervisor or designee will be empowered with designated oversight for investigative
and personnel matters related to the Task Force and will be responsible for opening, monitoring,
directing and closing Task Force investigations in accordance with ATF policy and the
applicable United States Attorney General's Guidelines.
Assignments will be based on, but not limited to, experience, raining and perfonnance, in
addition to the discretion of the ATF supervisor.
All investigative reports will be prepared utilizing ATF's investigative case management system,
(N-Force) utilizing ATF case report numbers. The participating agency will share investigative
reports, findings, intelligence, etc., in furtherance of the mission of this agreement, to the fullest
ATF ltEO Task Force MOU Page 3
extcnt allowed by law, For thc purposes of uniformity, there will be no duplication of reports,
but rather a single report prepared by a designated individual which can be duplicated as
necessnry. Every effort should be made to document investigative activity on ATF Reports of
Investigation (ROIi, unless otherwise agreed to by ATT and the parlicipating agency(ies). This
section does not preclude the necessity of individual TFOs to complete forms required by their
enrploying agency,
Information will be freely shared among tl¡e TFOs and ATF personnel with the understanding
that all investigative information will be kept shictly confidential and will only be used in
furtherance of criminal investigations. No information gathered dudng the course of the Task
Force, to include inlormal communications between TFOs and ATF personnel, may be
dissenrinated to any third party, non-task force member by any task forse member without the
express permission of the ATF Special Agent in Charge or hislher designee.
Any public rcqucsts for access 1o the records or Bny disclosu¡es of information obtaincd by task
force mernbers during Task Force investigations will be handled in accordunce with npplicable
stafutes, rcgulations, and policies pursuant 1o the Freedom of Information Act and the Privacy
Act and othcr applicable federal andlor state statutes and rcgulations.
TNVESTIGA,TIVE METHODS
The parties agrcc to utilize Federal standards pertaining to evidence handling and electronic
surveillancc activities to the greatest €xtent possible. Howcvcr, in situations where state or loc¿l
laws are ¡nore restrictive than compamble Federal law, invcstigative methods employed by state
ancl local law enforccment âgencies shall conform to those requirements, pending a decision as
to a vcnue for prosecution.
The use of oths¡ investigative mefhods (search lvarrants, interceptions of oral communications,
etc,) ancl reporting procedures in connection therewith will be consistent with ttre policy and
proccdures of ATF. All Task Force opcratisns will be conducted and reviewed in accordance
with applicablc ATF and Dcpartmcnt of Justice policy and guidelines.
None of the pârties to this MOU will knowingly seek investigatíons under this MOU that would
causc a conflict with any ongoing investigation of an agency not pariy to this MOU. It is
incumbent upon each participating agency to notify its personnel regarding the Task Force's
a¡eas of conccrn and jurisdiction. All law enforeement actions will be coordinated and
cooperatively carried out by all parties to this MOU.
INFORMANTS
ATF guidelines and policy regarding the operation of informants and cooperating witresses will
apply to all informants and eooperating witnesses dirscted by TFOs.
Informants dcvcloped by TFOs may be registered as informarrts of their respective agencies for
administrative purposes and handling. The policies and procedures of the participating sgensy
rvith regard to handling informants will apply to all infonnants thôt the participating agency
ATF f LEO Task Force MOU Page 4
rcgistcrs. In addition, it will be incumbent upon the registering participating egency to maintain
a file with respect to the performsnce of all informants or witnesses it registers. All information
obtained from an infsrmant and relevant to matters withín the jurisdiction of this MOU will be
sha¡ed with all parties to this MOU, 'lhe registering agcncy will pay all reasonable and
necessary informant expenses for each informant that a participating ågency registers.
DECONFLICTION
Each participating agency agrces that the deconfliction process requires the sharing of certain
operationai information with the Tssk Force, which, if disclosed to unauthorized persons, could
endanger law enforcement personnel and the public. As a result of this concem, each
participating âgency ågIees to adopt security measures sct forth hcrein:
Each participating agency will assign primary and secondary points of contact.
Each participating agency agrees to keep its points of contact list updated.
'[he points of contact for this Task Force a¡e:
A'l'F: Group Supervisor Yvonne M. Rios
Kent Police Department:SC.T ?h,\ fohaso^¡
EVIDENCA
Evidence maintained by the lcad agency having jurisdiction in the court system intended for
prosecution. Evidence genmated from invcstigations initiatcd by a TFO or ATF spccia,l agent
intended for Federal prosecution will be placed in the ATF designated vault, using the
procedures found in ATF ordcrs,
All firearms seized by a TFO must be submitted for fïngerprint analysis and for a National
Integrated Ballistics Inform¿tion Network (NIBIN) examination. Once all malyses are
compteted, all fìrearms seized under Federal law shall be placed into the ATF designated vault
for proper storage. Ail firearms information/desuiptions taken into ATF custody must be
submitted to AT!"s National Tracing Center.
JURISDI CTION/PROSECUTIONS
Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation
with thc participating agency and the United States Attorney's Office and appropriate Stote's
attorney offices, to determine whether cases will be refened for prosecution to the U.S.
Attomey's Ofüce or to the relevant State's attorney's office. This determination will be based
upon which levcl of prosecution will best serve the interests ofjustice and the greatest overall
benefit to the public. Any qucstion that a¡ises pertaining to prosecution will be resolved tluough
discussion among the investigative agencies and prosecuting entities baving an interest in the
mattcr.
ATFJLEO Task Force MOU Page 5
a.
b,
In the event that a statc or local matter is developed that is outside the jurisdiction of ATF or it is
dccidcd that a case will be prosccutcd on the state or local level, ATF wiil provide all relevant
information to stole and lscel authorities, subject to Federal law. Whether to continue
investigation of state and local crimes is at the sole discretion of the state or local partícipating
agency,
USE OF FORCE
AIl fulltime TFOs will comply with ATF and thc Dcpartmenr of Justice's (DOJ's) use of forcc
policies, unless a TFOs agency's Use of Force policy is more restrictive, in which case the TFO
may use their respcctive agency's use of force policy, TFOs must be briefed on ATF's and
DOJ's use of force policy by an ATF offieial, and will be provided with a copy of such policy.
MIIDIA
Media relations will be handled by ¡\TF and the U.S. Âttomey's ôffice's public information
ofÏicers in coordination with each participating agency. Information for press releases will be
reviewed and mutually agreed upon by all participating agencies, who will take part in press
conferences, Assigned personnel will be informed not to give ststements to the media
concerning any ongoing investigation or prosecution under this MOU without the concunence of
the other participanrs and, when appropriate, the relevant prosecutor's office.
All personnel lrom thc participating agencies shall strictly adhere to the requirements of Title 26,
United States Code, $ 6103. Disclosure of tax return information and tax information acquired
during thc course of investigations involving National Firearms Act (NFA) firearms as defined in
26 U.S.C., Chapter 53 shall not be made except as provided by law,
SALARY/OVETTTIME COMPENSÁ,TION
During thc pcriod of the MOU, participating agencies will provide for the salary and
cmployment bcncfits of thcir rcspcctivc employecs. All participating agencies will retain control
ovcr their employees' work hours, including the approval of overtime,
ATF may have funds availablc to reimburse overtime to the State and Local TFO's agency,
subjcct to the guidelines of the Department of Justice Asset Forfeiture l'und. 'lhis funding would
I¡s available under thc terms of a memorandum of agreement (MOA) established pursuant to the
provisions of 28 U.S.C. section 524. The participating agency agrees to abide by the applicable
Fedcral larv and policy with regard to the payment of overtime from the Department of Justice
Asset Forfeitu¡e Fund. Thc participating agcncy must bc recognized under State law æ a law
enforccment agency and their officersl troopers/investigators as swom law enforcement oflicers.
If required or requested, the participating agency shall be rcsponsible for demonstrating to the
Department of'Justice that its personnel arç law enforcement ofñcers for the purpos€ of overtime
paymcnt frorn the Department of Justice Asset Forfeiture Fund. This MQU is not a fundins
dgcumcnt.
ATF f LEO Task Force MOU Page 6
In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in
Charge or designee shall be responsible for certifring reimbursement requcsts for overtime
expenses incuned as a result of thjs agreement.
AUDIT INFORMá,TION
Operations under this MOU are subject to audit by ATF, the Department of Justice's Office of
the Inspeclor General, the Oovern¡nent Accountability Office, and other Govemment-dcsignatcd
auditors. Participating ogcncies agree to permit such audíts and to maintain all records relating
to Dcpartment of Justice Asset Forfeiture Fund payments for expenses either incuned during the
course ofthis Task Force or for a period ofnot less than three (3) years and, ifan audit is being
conducted, until such time that the audit is ofücially complcted, whichevcr is grcatcr.
FORFEITUNES/SEIZURES
All assets seized for administ¡ative forfeiture will be seized and forfeited in compliance with the
rules and regulations set forth by the U,S. Dcpartment of Justicc Asset Forfciture guidclincs.
When the size or composition of the item(s) seized make it impossible for ATF to store ít, any of
the participating agencies having the storage facilities to handle the seized property agree to store
the property at no chatge and to maintain the property in the same condition as when it was first
taken inlo custody. The agency storing said seized property agrces not to dispose of the property
until authorized 1o do so by ATF,
thc MOU provides that proceeds from forfeitr¡res will be shared, with sharing percentages based
upon the U.S. Department of Justice Asset Forfeiture policies on equitable sharing of assets, such
as determining thc lcvel of involvcmcnt by each participating ageney. Task Force assets seized
through administrative forfeiture will be distributed in equitable amounts based upon the number
of full'time pcrsons committed by each participating agency. Should it bccome impossible to
separate the assets into equal shares, it will be the responsibility of all the participating agencies
to come to an cquitablc decision. If this process fails and an irnpasse results, ATF will beco¡ne
the final arbitrator of the distributive shares for the participating agencies
DISPUTE II"ESOLUTION
In cases of overlapping jurisdiction, the participating agencies agree to work in concert to
achieve the Task Force's goals and objectives. The parties to this MOU agree to attempt to
resolvc any disputcs regarding jurisdiction, casc assignments and workload at the lowest level
possible.
LIABTLITY
ATF acknowledges that the United States is liable for the wrongful'or negligcnt acts or
ornissions of its offÏcers and employees, including TFOs, while on duty and acting within the
scope of their federal employrnent, to the extent permitted by the Federal Tort Claims Act.
ATF ¡LEO Taslç Force MOU Page 7
Claims against the United States for injury or loss of propcrty, personal injury, or death arising or
resulting from the negligent or wrongful act or omission of any Federal employee while acting
n"ithin thc scope of his or her oflice or employment are governed by the Federal Tort Clairns Act
28 U.S.C. sections 1346(b), 2672-2680 (unless the claim arises from a violation of the
Constitution of the United States, or a violation of a statute of the Unitcd Statcs under which
other recovcry is authorizcd).
Except as otherwise provided, the parties agree to be solely responsible for the negligent or
wongful acts or omissions of their respective employees and will not seek financial
contributions from the other for such acts or omissions. Legal representation by the United
Statcs is determined by the United States Department of Justice on a case-by-case basis. ATF
cannot guarantee the United Søtes will provide lcgal representation to any State or local law
enforcemcnt offrcer.
Liability for any negligent or willful acts of any agent or officer undcrtaken outside the terms of
this MOU will be the sole responsibility of the respective agent or officer and agency involved.
DURATION
'fltis MOU shall remain in effect until it is terminated iu writing (to include electronic mail and
facsimile). All pafiicipating agcncies sgree that no agency shall withdraw from thc Task Force
without providing ninety (90) days written noticc to other participating agencies. If any
participating agency withdraws frr¡m the Task Force prior to its termination, the remaining
participating agencies shall determine the distributive share of assets for the withdrawing agency,
in accordance with Departrnent of Justice guidelines and directives.
'fhe MOU shall be deemed terminated at the time all participating agcncies withdraw and ATF
clerits not to replace such membcrs, or in the evcnt ATF unilaterally teminates the MOU upon
90 days writtcn notice to all the remaining participating agencies.
MODIF CÂTIONS
This agreement may be modified at any time by wiuen consent of all participating agencies.
Ivlodiäcations shall have no force and efïect unless such modifications a¡e reduced to writing and
signed by an authorized representative ofeach participating agency,
SIGN TURES
4zts
Chisf of Police
Kent Police Departrnent
Date Datc
Agent in Charge, ATF
ATF JLEO Task Force MOU
Scattle Field Division
Page I