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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