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01-1104�R�C��`��-;L RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By: Referred To: Committee:Date: 1 RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 Memorandum Of Understanding, with the Federal Bureau of Investigations, to participate in a 3 Minnesota Violent Crimes/N�gitive Task Force with several other local law enforcement agencies. 4 A copy of said agreement shall be kept on file and on record in the Office of Financial Services. Adopted by Council: Date: �� y a � v� Adoption Certified by Council Secretary By� �!� .— � `(��a__--� by Mayor: /o : � � �f/%f� .�.�� Council File # C �� \�p y Green Sheet # 113575 =� Approved by Mayor for Submission to Council: BY� �1 �n n o �� GCJ� �' Requested by Department of: DEP4RTMENi/OFFICFJCOUNCIL DATEINITIATED Police o9/z6�2oot GREEN SHEET No. 113575 CONTAC7PER N PHONE " INIr�AUDA7E INRWUDATE WilliamFinney 292-3588 1 DFPARTMFNfD1ItEGIOR CWNCLL _ Q ��, py MUST eE ON COUNCIL AGENDA BY (DA7E) �/� ' ` piiATTORNEY I — V �rtYLIFIM u ��wwCUt5FlmcFSwz � � Ir�rvurCInLSERV/FLCfG L� j �� // �� { � ) � �MAYOR(ORhSSISTAM)_i��_ �NPNPoGXTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN a�nuesreo ' Signatures requested on the attached council resolution authorizing the Saint Paul Police R�� D Department to enter into a Memorandum Of Understanding (MOin, with the Federal Bureau of Investigations, to participate in the Minnesota Violent Crimes/Fugitive Task Force (MVC/FTF). o � T Q y�6ijT CITY ATTORNEY RECOMMENDATION ApprOV2 (A) o� REjeGt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 7. Has this person/firm everworked under a conVactforthis department? PLANNING COMMISSfON YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee� CIVIL SERVICE COMMISSION veS NO 3. Ooes this persoNfirtn possess a skill (wt wrmally possessed by any currerR city employee? YES NO : 4. Is ihis persoNfrm a targeted vendor? YES NO Explain all yes answers on separate sheet and attach to green sheet H' INITIATWG PROBLEM ISSUE, OPPORTUNIN�WHO, WHAT, WHEN, WHERE, WHY) '' The Saint Paul Police Deparhnem will participate in the Minnesota Violent Crimes/Fugirive Task � i Force with the Federal Bureau of Investigations and several other local law enforceme�j� agencies. The Saint Paul Police Deparhnent will be reimbursed fox overtime expei�� ; ��;T 1 5 2001 � MAYOR'S OFFlCE : ADVANTAGESIFAPPROVED , The Saint Paul Police Department will continue to participate in this federal task force with ` several other local law enforcement agencies.. - �:� �`�:��?�saj f�r��s?;s� DISADVANTAGESIFAPPROVED �� T$ , " ':i L`G�i� None DISADVANTAGESIFNOTAPPROVED The Saint Paul Police Depamnent will discontinue iu participation in ttris federal task force. TOTAL AMOUNT OF TRANSACTION E See attaCLed agieement COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE FOdeial Buieau of IIIVeshgahOnS ACTNITY NUMBER . � FINANCIAL INFORMATION (EXPLAIN) A. o�-��oy MEMORANDUM OF UNDERSTANDING (MOU) \ This Memorandum of Understanding (MOU) is being executed by the below-listed agencies in connection with a Minnesota Violent Crime/Fugitive Task Force (herein after referred to as the task force) which was initiated on or about June 1, 1992, as the Minnesota Fugitive Task Force (MFTF). Participants in this expanded mission task force are: Minnesota Bureau of Criminal Apprehension Hennepin County Sheriff's Office Ramsey County Sheriff's Office Minneapolis Police Department St. Paul Police Department Federal Bureau of Investigation (BCA) (HCSO) (RCSO) (MPD) (SPPD) (FBI) Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies. This MOU will supercede the pre-existing MOU signed by MFTF participants in July and August 2000. I. PURPOSE/MISSION This MOU establishes and delineates the mis�sion of the task force as a joint cooperative effort. The task force will investigate selected significant violent crimes which are suitable Eor Federal prosecution. The violent crimes include, but are not limited to, kidnapping, extortion, murder, car jacking, hijacking, major interstate theft rings, extraordinary, and violent bank robberies, interstate transportation in aid of racketeering, murder for hire, Hobbs Act - bank and armored � carrier crimes, and drug-related homicides. The task force will locate and apprehend dangerous fugitives who have been charged in connection with the above investigations. In addition, the task force will locate and apprehend dangerous fugitives whose actions make them likely candidates for charges pursuant to Federal Unlawful Flight and other substantive Federal violent crime statutes. It is anticipated that most task force cases will originate within the nine-county Minneapolis-St. Paul metropolitan area and will impact one or more participating task force agencies. It is the desire of the participating agencies to achieve maximum inter-agency cooperation in a combined law enforcement effort to accomplish this mission. 0\-��°`'� II. ORGANIZATIONAL STRUCTURE A. Composition The task force will consist of a combined enforcement body of the aforementioned agencies. These participating agencies will provide full-time assigned personnel. B. Direction All participants acknowledge that the task force is a joint operation with all agencies acting as equal partners. The policies and direction of the task force shall be the joint responsibility of the respective sheriffs, chiefs, and agency heads of the participating agencies. C. Supervision The day-to-day operation and administrative control of the task force will be the responsibility of a Supervisory Special Agent (SSA) of the FBI and will be closely coordinated with the respective sheriffs, chiefs, and agency heads. The FBI SSA is to report pertinent developments involving task force personnel to the respective agency heads. Responsibility for the conduct of task force members, both personally and professionally, shall remain with the respective agency heads. Each agency head is responsible for any internal affairs investigation or disciplinary action directed towards their own agency personnel. In the event an agency initiates or causes to initiate an Internal Affairs investigation targeted at member(s) assigned to the task force and that investigation has linkage to task force operations or duties, the initiating agency head, at the point when another member of the task force or task force in general is affected, shall advise the head(s) of such agency(ies) that may be involved. III. PROCEDURES A. Personnel Continued assignmen� of personnel to the task force will be based upon performance and will be at the discretion of the respective agency heads/supervisors. Participating agencies will, however, endeavor to make these long-term assignments due to the time required for the training, deputization, and 2 ��-\\�`� background investigation procedures. will, on a quarterly basis, and upon update as to the program, direction task force. Each participating agency request, be provided with an and accomplishments of the B. Deputization All local and state law enforcement personnel designated to the task force, subject to a limited background inquiry, will be federally deputized, with the FBI securing the required deputization authorization. These deputizations will remain in effect throughout the tenure of each investigator's assignment to the task force or until termination of the task force, whichever occurs first. " Personnel from participating agencies will receive a comprehensive briefing on FBI field office security policy and procedures. During the briefing, each individual will execute non-disclosure agreements (SF-312 and FD-868). Upon departure from the task force, personnel from participating agencies will execute non-disclosure agreements (SF-312 and FD-868) and will be given a security debriefing. Inasmuch as this MOU will satisfy the definition of ��Memorandum of Understanding" contained in Minnesota Statute 626.8453 (Qualified Federal Law enforcement officers; special state and federal task forces; peace officer authority) by: 1) obtaining the concurrence of the governing bodies of the participating units of local government; and 2) being filed with the Minnesota Peace Of£icers Standards and Training (POST) Board, the federal law enforcement officers assigned to the task force will possess the same peace officer authority of the state and local task force members. Task force members will be considered "on duty" when called to work during non-duty time. C, Investigations All task force investigations will be initiated in accordance with United States Attorney General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations (AG Guidelines). The investigative methods employed will be consistent with the policies and procedures of the FBI and the AG Guidelines. However, in situations where the statutory or common law of Minnesota is more restrictive than comparable Federal law, the investigative methods employed by state and local law enforcement 3 b�-�\o`} agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. Task force participants will follow their own agency policies concerning use of deadly force. D. Prosecution The criteria for determining whether to prosecute a particular violation in state or federal court will'focus upon achieving the greatest overall benefit to law enforcement and the public. Any question which arises pertaining to prosecutive jurisdiction will be resolved through discussion among all investigative agencies and prosecutive entities having an interest in the matter. IV. 0 ADMINISTRATIVE Case Assignments The FBI SSA assigned to the task force will oversee the prioritization and assignment of targeted cases and related investigative activity in accordance with the stated objectives and direction of the task force. Cases will be assigned to investigative teams based on experience, training, performance, expertise, and existing case load. B. Records and Reports 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 each member of the task force will be made available for inclusion in the respective investigative agencies' files as appropriate. , Task force investigative records will be maintained at the Minneapolis Division of the FBI and will be incorporated into FBI case files. C. Evidence and Undercover Operations Al1 evidence and original tape recordings (audio and video) acquired during the course of task force 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 the task force personnel. 0 p �" �\a`� All task force undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Undercover Operations. D. Investigative Exclusivity Matters designated to be handled by the task force will not knowingly be subject to non-task force law enforcement efforts. It is incumbent upon each agency to make proper internal notification regarding task force existence, including its areas of concern. There shall be no unilateral action taken on the part of any participating agency relating to task force investigations. All law enforcement action will be coordinated and conducted in a cooperative matter. Task force investigative leads outside Minnesota will be communicated to other similar fugitive task forces or to FBI offices for appropriate investigation. E. Informants and Cooperating Witnesses The United States Attorney General Guidelines and the FBI's guidelines regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by members of the task force. The FBI agrees, subject to funding availability, to pay informants/cooperating witnesses' expenses in accordance with FBI policies and procedures and which are determined by the FBI to be reasonable and necessary. An appropriate, FBI informant/cooperating witness file will be opened wherein all information furnished by the informant/cooperating witness will be maintained. In addition, any recommendations for payments to this informant/cooperating witness will also be documented therein. , F. Staff Briefings Briefings on task force to the heads of the participating a quarterly basis and will include by respective agency personnel. investigations will be provided agencies or their designees on the amount of overtime worked V. MEDIA All media releases pertaining to task force investigations and/or arrests will be coordinated and made jointly by all participants of this MOU. No unilateral press 5 o l_1�oy releases will be made by any participating agency without the prior approval of the other participants. No information pertaining to the task force itself will be released to the media without muCual approval of all participants. VI. EOUIPMENT/OFFICE SPACE A. Vehicles Each participating agency, to the extent possible, agrees to provide their assigned investigator(s) with (a) vehicle(s). In the event, however, a local/state task force participant is permitted to use a vehicle owned by the United States Federal Government in connection with his/her assignment to the task force, the following conditions and provisions of law would apply: Any and all personal usage of an FBI car is strictly forbidden. Title 31 United States Code Section 1349(b) specifically prohibits willful usage of a government car for other than official purposes. Personal use of a government car will render a federal agent or a deputized federal agent to be outside the "scope of employment" for purposes of accident claims by third parties pursuant to the Federal Tort Claims Act or other forms of civil liability. Although a government car may be used to drive from one's principal place of residence to a work assignment, the most direct route of travel must be utilized without any significant deviations from this direct route of travel. No family members or other passengers may be transported in an FBI vehicle who are not task force members, persons arrested by the task force, witnesses or other persons with a similar investigative role in an official task force investigation. No FBI-owned car may be driven after having consumed alcohol or any drug which may impair one's ability to drive. Any accident caused by such impairment would likely render the government driver "outside the scope of employment" for purposes of criminal liability and civil liability to third parties. Task force members are fully aware of all of the above conditions and agree that the use of any FBI car will be restricted to official task-force related purposes only. This agreement in no way alters, supercedes or adds to the substantive law regarding "scope of employment." 0 !' Ot.\\dy Each participating agency agrees to be responsible for damages caused to the FBI car or a third party involved in an accident which is the result of negligence on the part of the participating agency's personnel. B. Communications The FBI agrees to provide sufficient portable radios for each task force member, subject to funding avail'ability. C. Equipment If available in their inventories, participating agencies will furnish tactical equipment deemed necessary by task force members to accomplish their tasks (i.e., battering ram, cap-stun, cameras, raid jackets, etc.). If not available, the FBI agrees to furnish this equipment subject to available funding. All equipment previously furnished will be returned upon an agency's withdrawal from the task force. D. Office space and equipment The FBI agrees, subject to availability, to provide office space and necessary equipment and supplies to carry out the administrative operation of the task force. E. Use of Special Tactical or SWAT teams If use of a law enforcement�special tactical and/or SWAT team would be advantageous or necessary in the interest of officer/public safety, it is agreed that task force will request use of the FBI's SWAT team by securing the approval of the Minneapolis SAC or his designee, in accordance with FBI guidelines, and/or will request use of the special tactical team of the particular task force participant agency in whose ' geographical territory the incident will occur or is occurring. When feasible, prior notification will be made to the local law enforcement entity in whose jurisdiction the execution of arrest or search warrant will occur. VII. FUNDING Each participating agency agrees to provide the full time services of its respective personnel for the duration of this operation. Participating agencies agree to assume all 7 o �-�lo`� personnel costs for their task force representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency. Subject to funding availability and legislative authorization, the FBI may reimburse to participating local and state agencies the cost of overtime worked by task force members assigned full time to the task force, providing overtime e�enses were incurred as a result of task force related duties. Separate Contract Reimbursable Agreements (CRAS) will be executed by the FBI and each participating agency consistent with regulations and policy. VIII. LIABILITY Unless specifically addressed by the terms of this MOU; the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation to any Federal, state or local law enforcement officer. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government, acting within the scope of his employment, shall be an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), §§ 2671- 2680. For the limited purpose of defending claims arising out of task force activity, state or local law enforcement officers who have been specially deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "employee" of the United States government as defined in 28 U.S.C. § 2671. See 5 U.S.C. § 3374(c)(2). � Under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (commonly known as the Westfall Act), 28 U.S.C. § 2679(b)(1), the Attorney General or her designee may certify that an individual defendant acted within the scope of his employment at the time of the incident giving rise to the suit. Id., 28 U.S.C. § 2679(d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. § 2679(d)(2). If the United States is substituted as defendant, the individual employee is thereby protected from suits in his official capacity. '3 o �-�loy If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to �ind and certify that the employee was acting within the scc�e of his office or employment." 28 U.S.C. § 267�id)(3). In the event a claim is filed under the Federal Toxt Claims Act or under Title 31 U.S. Code S�ction 372� (Claims for damages caused by investigative or law enforcement officers of the Department of Justice) which is the result of the combined actions of several personnel from diff2rent agencies, the respective agencies' legal representatives agree tc discuss the matter, determine each agency personnel�s proportienal negligence and/or involvement, if any, and then attempt to settle the matter accordingly within parameters allowed by law, if appropriate, with the claimant(s). Liability for any negligent or willful acts of task force employees, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. Nothing herein is intended as a waiver of the limitation on liability under Minnesota Statutes 4E6.02 and 466.04. Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v Six Unknown Named Actents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983 for state and local officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit for constitutional torts "insofGr as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzaerald, 457 U.S. 800 (1982). Task force officers may rec�:est representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R. §§ 50.15, 50.16. An employee may be provided representation "when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General or (his/her] designee determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. § 50.15(a). � . L • O�—\�O`i A task force officer's written request for representation should be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the task force. The CDC will then forward the representation request to the FBI's Office of the General Counsel (OGC) together with a letterhead memorandum concerning the factual basis for the lawsuit_ FBIfOGC will tlien forward the request to the Civil Division of DOJ together with an agency recommendation concerning scope of employment and Department representation. 28 C.F.R. � 50.15(a)(3). If a task force officer is found to be liable for a constitutional tort, he/she may request indemnification from DOJ to satisfy an adverse judgment rendered against the employee in his/her individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DOJ representation under 28 C.F.R. § 50.15(a). IX. DLJRATION This MOU shall remain in effect until terminated as specified below. Continuation of this MOU shall be subject to the availability of necessary funding. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated at any time by any of the participating agencies, including the FBI. A participating agency may withdraw from this agreement at any time by providing a 30-day written notice of its intent to withdraw to all other participating agencies. The MOU will remain in force as to those participating agencies who have not withdrawn from the task force. Upon the termination of the task force and the MOU, all equipment will be returned to the supplying agencies. Upon any one agency's withdrawal, all equipment originally provided by ' that agency will be returned. X. MODIFICATIONS 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 unlese such modifications are reduced to writing and signed by an authorized representative of each participating agency. 10 : , . : � Z00/ MIC� W. C'�I Super ntendent Minnes ta Bure of Criminal Apprehension � PATRI.CK,! Hennepin Hennepin ROBERT FLETCHER Sheriff Ramsey County S Sheriff Sheriff's Office ROBERT OLSON Chief of Police Minneamai�s Police v �+ w WILLIAM FINNE < Chief of Po ce St. Paul P ice Office RAY A. RROW Acting pecial ent in Charge Minneapolis Div sion Federal Bureau of Investigation Assistant Ci�y Attorney City of St. �Paul FBI FBI Officer , Washington, D. C. PEJTER HAMES Director Office of Financial Services �� s�y�c�e, b��ng �auted o � �gve�, s��f �l/3�7/�, �� Date il � Date � �5- Date �l o I Date rJ �/ Date Date Date Date �R�C��`��-;L RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By: Referred To: Committee:Date: 1 RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 Memorandum Of Understanding, with the Federal Bureau of Investigations, to participate in a 3 Minnesota Violent Crimes/N�gitive Task Force with several other local law enforcement agencies. 4 A copy of said agreement shall be kept on file and on record in the Office of Financial Services. Adopted by Council: Date: �� y a � v� Adoption Certified by Council Secretary By� �!� .— � `(��a__--� by Mayor: /o : � � �f/%f� .�.�� Council File # C �� \�p y Green Sheet # 113575 =� Approved by Mayor for Submission to Council: BY� �1 �n n o �� GCJ� �' Requested by Department of: DEP4RTMENi/OFFICFJCOUNCIL DATEINITIATED Police o9/z6�2oot GREEN SHEET No. 113575 CONTAC7PER N PHONE " INIr�AUDA7E INRWUDATE WilliamFinney 292-3588 1 DFPARTMFNfD1ItEGIOR CWNCLL _ Q ��, py MUST eE ON COUNCIL AGENDA BY (DA7E) �/� ' ` piiATTORNEY I — V �rtYLIFIM u ��wwCUt5FlmcFSwz � � Ir�rvurCInLSERV/FLCfG L� j �� // �� { � ) � �MAYOR(ORhSSISTAM)_i��_ �NPNPoGXTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN a�nuesreo ' Signatures requested on the attached council resolution authorizing the Saint Paul Police R�� D Department to enter into a Memorandum Of Understanding (MOin, with the Federal Bureau of Investigations, to participate in the Minnesota Violent Crimes/Fugitive Task Force (MVC/FTF). o � T Q y�6ijT CITY ATTORNEY RECOMMENDATION ApprOV2 (A) o� REjeGt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 7. Has this person/firm everworked under a conVactforthis department? PLANNING COMMISSfON YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee� CIVIL SERVICE COMMISSION veS NO 3. Ooes this persoNfirtn possess a skill (wt wrmally possessed by any currerR city employee? YES NO : 4. Is ihis persoNfrm a targeted vendor? YES NO Explain all yes answers on separate sheet and attach to green sheet H' INITIATWG PROBLEM ISSUE, OPPORTUNIN�WHO, WHAT, WHEN, WHERE, WHY) '' The Saint Paul Police Deparhnem will participate in the Minnesota Violent Crimes/Fugirive Task � i Force with the Federal Bureau of Investigations and several other local law enforceme�j� agencies. The Saint Paul Police Deparhnent will be reimbursed fox overtime expei�� ; ��;T 1 5 2001 � MAYOR'S OFFlCE : ADVANTAGESIFAPPROVED , The Saint Paul Police Department will continue to participate in this federal task force with ` several other local law enforcement agencies.. - �:� �`�:��?�saj f�r��s?;s� DISADVANTAGESIFAPPROVED �� T$ , " ':i L`G�i� None DISADVANTAGESIFNOTAPPROVED The Saint Paul Police Depamnent will discontinue iu participation in ttris federal task force. TOTAL AMOUNT OF TRANSACTION E See attaCLed agieement COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE FOdeial Buieau of IIIVeshgahOnS ACTNITY NUMBER . � FINANCIAL INFORMATION (EXPLAIN) A. o�-��oy MEMORANDUM OF UNDERSTANDING (MOU) \ This Memorandum of Understanding (MOU) is being executed by the below-listed agencies in connection with a Minnesota Violent Crime/Fugitive Task Force (herein after referred to as the task force) which was initiated on or about June 1, 1992, as the Minnesota Fugitive Task Force (MFTF). Participants in this expanded mission task force are: Minnesota Bureau of Criminal Apprehension Hennepin County Sheriff's Office Ramsey County Sheriff's Office Minneapolis Police Department St. Paul Police Department Federal Bureau of Investigation (BCA) (HCSO) (RCSO) (MPD) (SPPD) (FBI) Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies. This MOU will supercede the pre-existing MOU signed by MFTF participants in July and August 2000. I. PURPOSE/MISSION This MOU establishes and delineates the mis�sion of the task force as a joint cooperative effort. The task force will investigate selected significant violent crimes which are suitable Eor Federal prosecution. The violent crimes include, but are not limited to, kidnapping, extortion, murder, car jacking, hijacking, major interstate theft rings, extraordinary, and violent bank robberies, interstate transportation in aid of racketeering, murder for hire, Hobbs Act - bank and armored � carrier crimes, and drug-related homicides. The task force will locate and apprehend dangerous fugitives who have been charged in connection with the above investigations. In addition, the task force will locate and apprehend dangerous fugitives whose actions make them likely candidates for charges pursuant to Federal Unlawful Flight and other substantive Federal violent crime statutes. It is anticipated that most task force cases will originate within the nine-county Minneapolis-St. Paul metropolitan area and will impact one or more participating task force agencies. It is the desire of the participating agencies to achieve maximum inter-agency cooperation in a combined law enforcement effort to accomplish this mission. 0\-��°`'� II. ORGANIZATIONAL STRUCTURE A. Composition The task force will consist of a combined enforcement body of the aforementioned agencies. These participating agencies will provide full-time assigned personnel. B. Direction All participants acknowledge that the task force is a joint operation with all agencies acting as equal partners. The policies and direction of the task force shall be the joint responsibility of the respective sheriffs, chiefs, and agency heads of the participating agencies. C. Supervision The day-to-day operation and administrative control of the task force will be the responsibility of a Supervisory Special Agent (SSA) of the FBI and will be closely coordinated with the respective sheriffs, chiefs, and agency heads. The FBI SSA is to report pertinent developments involving task force personnel to the respective agency heads. Responsibility for the conduct of task force members, both personally and professionally, shall remain with the respective agency heads. Each agency head is responsible for any internal affairs investigation or disciplinary action directed towards their own agency personnel. In the event an agency initiates or causes to initiate an Internal Affairs investigation targeted at member(s) assigned to the task force and that investigation has linkage to task force operations or duties, the initiating agency head, at the point when another member of the task force or task force in general is affected, shall advise the head(s) of such agency(ies) that may be involved. III. PROCEDURES A. Personnel Continued assignmen� of personnel to the task force will be based upon performance and will be at the discretion of the respective agency heads/supervisors. Participating agencies will, however, endeavor to make these long-term assignments due to the time required for the training, deputization, and 2 ��-\\�`� background investigation procedures. will, on a quarterly basis, and upon update as to the program, direction task force. Each participating agency request, be provided with an and accomplishments of the B. Deputization All local and state law enforcement personnel designated to the task force, subject to a limited background inquiry, will be federally deputized, with the FBI securing the required deputization authorization. These deputizations will remain in effect throughout the tenure of each investigator's assignment to the task force or until termination of the task force, whichever occurs first. " Personnel from participating agencies will receive a comprehensive briefing on FBI field office security policy and procedures. During the briefing, each individual will execute non-disclosure agreements (SF-312 and FD-868). Upon departure from the task force, personnel from participating agencies will execute non-disclosure agreements (SF-312 and FD-868) and will be given a security debriefing. Inasmuch as this MOU will satisfy the definition of ��Memorandum of Understanding" contained in Minnesota Statute 626.8453 (Qualified Federal Law enforcement officers; special state and federal task forces; peace officer authority) by: 1) obtaining the concurrence of the governing bodies of the participating units of local government; and 2) being filed with the Minnesota Peace Of£icers Standards and Training (POST) Board, the federal law enforcement officers assigned to the task force will possess the same peace officer authority of the state and local task force members. Task force members will be considered "on duty" when called to work during non-duty time. C, Investigations All task force investigations will be initiated in accordance with United States Attorney General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations (AG Guidelines). The investigative methods employed will be consistent with the policies and procedures of the FBI and the AG Guidelines. However, in situations where the statutory or common law of Minnesota is more restrictive than comparable Federal law, the investigative methods employed by state and local law enforcement 3 b�-�\o`} agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. Task force participants will follow their own agency policies concerning use of deadly force. D. Prosecution The criteria for determining whether to prosecute a particular violation in state or federal court will'focus upon achieving the greatest overall benefit to law enforcement and the public. Any question which arises pertaining to prosecutive jurisdiction will be resolved through discussion among all investigative agencies and prosecutive entities having an interest in the matter. IV. 0 ADMINISTRATIVE Case Assignments The FBI SSA assigned to the task force will oversee the prioritization and assignment of targeted cases and related investigative activity in accordance with the stated objectives and direction of the task force. Cases will be assigned to investigative teams based on experience, training, performance, expertise, and existing case load. B. Records and Reports 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 each member of the task force will be made available for inclusion in the respective investigative agencies' files as appropriate. , Task force investigative records will be maintained at the Minneapolis Division of the FBI and will be incorporated into FBI case files. C. Evidence and Undercover Operations Al1 evidence and original tape recordings (audio and video) acquired during the course of task force 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 the task force personnel. 0 p �" �\a`� All task force undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Undercover Operations. D. Investigative Exclusivity Matters designated to be handled by the task force will not knowingly be subject to non-task force law enforcement efforts. It is incumbent upon each agency to make proper internal notification regarding task force existence, including its areas of concern. There shall be no unilateral action taken on the part of any participating agency relating to task force investigations. All law enforcement action will be coordinated and conducted in a cooperative matter. Task force investigative leads outside Minnesota will be communicated to other similar fugitive task forces or to FBI offices for appropriate investigation. E. Informants and Cooperating Witnesses The United States Attorney General Guidelines and the FBI's guidelines regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by members of the task force. The FBI agrees, subject to funding availability, to pay informants/cooperating witnesses' expenses in accordance with FBI policies and procedures and which are determined by the FBI to be reasonable and necessary. An appropriate, FBI informant/cooperating witness file will be opened wherein all information furnished by the informant/cooperating witness will be maintained. In addition, any recommendations for payments to this informant/cooperating witness will also be documented therein. , F. Staff Briefings Briefings on task force to the heads of the participating a quarterly basis and will include by respective agency personnel. investigations will be provided agencies or their designees on the amount of overtime worked V. MEDIA All media releases pertaining to task force investigations and/or arrests will be coordinated and made jointly by all participants of this MOU. No unilateral press 5 o l_1�oy releases will be made by any participating agency without the prior approval of the other participants. No information pertaining to the task force itself will be released to the media without muCual approval of all participants. VI. EOUIPMENT/OFFICE SPACE A. Vehicles Each participating agency, to the extent possible, agrees to provide their assigned investigator(s) with (a) vehicle(s). In the event, however, a local/state task force participant is permitted to use a vehicle owned by the United States Federal Government in connection with his/her assignment to the task force, the following conditions and provisions of law would apply: Any and all personal usage of an FBI car is strictly forbidden. Title 31 United States Code Section 1349(b) specifically prohibits willful usage of a government car for other than official purposes. Personal use of a government car will render a federal agent or a deputized federal agent to be outside the "scope of employment" for purposes of accident claims by third parties pursuant to the Federal Tort Claims Act or other forms of civil liability. Although a government car may be used to drive from one's principal place of residence to a work assignment, the most direct route of travel must be utilized without any significant deviations from this direct route of travel. No family members or other passengers may be transported in an FBI vehicle who are not task force members, persons arrested by the task force, witnesses or other persons with a similar investigative role in an official task force investigation. No FBI-owned car may be driven after having consumed alcohol or any drug which may impair one's ability to drive. Any accident caused by such impairment would likely render the government driver "outside the scope of employment" for purposes of criminal liability and civil liability to third parties. Task force members are fully aware of all of the above conditions and agree that the use of any FBI car will be restricted to official task-force related purposes only. This agreement in no way alters, supercedes or adds to the substantive law regarding "scope of employment." 0 !' Ot.\\dy Each participating agency agrees to be responsible for damages caused to the FBI car or a third party involved in an accident which is the result of negligence on the part of the participating agency's personnel. B. Communications The FBI agrees to provide sufficient portable radios for each task force member, subject to funding avail'ability. C. Equipment If available in their inventories, participating agencies will furnish tactical equipment deemed necessary by task force members to accomplish their tasks (i.e., battering ram, cap-stun, cameras, raid jackets, etc.). If not available, the FBI agrees to furnish this equipment subject to available funding. All equipment previously furnished will be returned upon an agency's withdrawal from the task force. D. Office space and equipment The FBI agrees, subject to availability, to provide office space and necessary equipment and supplies to carry out the administrative operation of the task force. E. Use of Special Tactical or SWAT teams If use of a law enforcement�special tactical and/or SWAT team would be advantageous or necessary in the interest of officer/public safety, it is agreed that task force will request use of the FBI's SWAT team by securing the approval of the Minneapolis SAC or his designee, in accordance with FBI guidelines, and/or will request use of the special tactical team of the particular task force participant agency in whose ' geographical territory the incident will occur or is occurring. When feasible, prior notification will be made to the local law enforcement entity in whose jurisdiction the execution of arrest or search warrant will occur. VII. FUNDING Each participating agency agrees to provide the full time services of its respective personnel for the duration of this operation. Participating agencies agree to assume all 7 o �-�lo`� personnel costs for their task force representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency. Subject to funding availability and legislative authorization, the FBI may reimburse to participating local and state agencies the cost of overtime worked by task force members assigned full time to the task force, providing overtime e�enses were incurred as a result of task force related duties. Separate Contract Reimbursable Agreements (CRAS) will be executed by the FBI and each participating agency consistent with regulations and policy. VIII. LIABILITY Unless specifically addressed by the terms of this MOU; the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation to any Federal, state or local law enforcement officer. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government, acting within the scope of his employment, shall be an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), §§ 2671- 2680. For the limited purpose of defending claims arising out of task force activity, state or local law enforcement officers who have been specially deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "employee" of the United States government as defined in 28 U.S.C. § 2671. See 5 U.S.C. § 3374(c)(2). � Under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (commonly known as the Westfall Act), 28 U.S.C. § 2679(b)(1), the Attorney General or her designee may certify that an individual defendant acted within the scope of his employment at the time of the incident giving rise to the suit. Id., 28 U.S.C. § 2679(d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. § 2679(d)(2). If the United States is substituted as defendant, the individual employee is thereby protected from suits in his official capacity. '3 o �-�loy If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to �ind and certify that the employee was acting within the scc�e of his office or employment." 28 U.S.C. § 267�id)(3). In the event a claim is filed under the Federal Toxt Claims Act or under Title 31 U.S. Code S�ction 372� (Claims for damages caused by investigative or law enforcement officers of the Department of Justice) which is the result of the combined actions of several personnel from diff2rent agencies, the respective agencies' legal representatives agree tc discuss the matter, determine each agency personnel�s proportienal negligence and/or involvement, if any, and then attempt to settle the matter accordingly within parameters allowed by law, if appropriate, with the claimant(s). Liability for any negligent or willful acts of task force employees, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. Nothing herein is intended as a waiver of the limitation on liability under Minnesota Statutes 4E6.02 and 466.04. Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v Six Unknown Named Actents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983 for state and local officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit for constitutional torts "insofGr as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzaerald, 457 U.S. 800 (1982). Task force officers may rec�:est representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R. §§ 50.15, 50.16. An employee may be provided representation "when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General or (his/her] designee determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. § 50.15(a). � . L • O�—\�O`i A task force officer's written request for representation should be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the task force. The CDC will then forward the representation request to the FBI's Office of the General Counsel (OGC) together with a letterhead memorandum concerning the factual basis for the lawsuit_ FBIfOGC will tlien forward the request to the Civil Division of DOJ together with an agency recommendation concerning scope of employment and Department representation. 28 C.F.R. � 50.15(a)(3). If a task force officer is found to be liable for a constitutional tort, he/she may request indemnification from DOJ to satisfy an adverse judgment rendered against the employee in his/her individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DOJ representation under 28 C.F.R. § 50.15(a). IX. DLJRATION This MOU shall remain in effect until terminated as specified below. Continuation of this MOU shall be subject to the availability of necessary funding. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated at any time by any of the participating agencies, including the FBI. A participating agency may withdraw from this agreement at any time by providing a 30-day written notice of its intent to withdraw to all other participating agencies. The MOU will remain in force as to those participating agencies who have not withdrawn from the task force. Upon the termination of the task force and the MOU, all equipment will be returned to the supplying agencies. Upon any one agency's withdrawal, all equipment originally provided by ' that agency will be returned. X. MODIFICATIONS 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 unlese such modifications are reduced to writing and signed by an authorized representative of each participating agency. 10 : , . : � Z00/ MIC� W. C'�I Super ntendent Minnes ta Bure of Criminal Apprehension � PATRI.CK,! Hennepin Hennepin ROBERT FLETCHER Sheriff Ramsey County S Sheriff Sheriff's Office ROBERT OLSON Chief of Police Minneamai�s Police v �+ w WILLIAM FINNE < Chief of Po ce St. Paul P ice Office RAY A. RROW Acting pecial ent in Charge Minneapolis Div sion Federal Bureau of Investigation Assistant Ci�y Attorney City of St. �Paul FBI FBI Officer , Washington, D. C. PEJTER HAMES Director Office of Financial Services �� s�y�c�e, b��ng �auted o � �gve�, s��f �l/3�7/�, �� Date il � Date � �5- Date �l o I Date rJ �/ Date Date Date Date �R�C��`��-;L RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By: Referred To: Committee:Date: 1 RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 Memorandum Of Understanding, with the Federal Bureau of Investigations, to participate in a 3 Minnesota Violent Crimes/N�gitive Task Force with several other local law enforcement agencies. 4 A copy of said agreement shall be kept on file and on record in the Office of Financial Services. Adopted by Council: Date: �� y a � v� Adoption Certified by Council Secretary By� �!� .— � `(��a__--� by Mayor: /o : � � �f/%f� .�.�� Council File # C �� \�p y Green Sheet # 113575 =� Approved by Mayor for Submission to Council: BY� �1 �n n o �� GCJ� �' Requested by Department of: DEP4RTMENi/OFFICFJCOUNCIL DATEINITIATED Police o9/z6�2oot GREEN SHEET No. 113575 CONTAC7PER N PHONE " INIr�AUDA7E INRWUDATE WilliamFinney 292-3588 1 DFPARTMFNfD1ItEGIOR CWNCLL _ Q ��, py MUST eE ON COUNCIL AGENDA BY (DA7E) �/� ' ` piiATTORNEY I — V �rtYLIFIM u ��wwCUt5FlmcFSwz � � Ir�rvurCInLSERV/FLCfG L� j �� // �� { � ) � �MAYOR(ORhSSISTAM)_i��_ �NPNPoGXTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN a�nuesreo ' Signatures requested on the attached council resolution authorizing the Saint Paul Police R�� D Department to enter into a Memorandum Of Understanding (MOin, with the Federal Bureau of Investigations, to participate in the Minnesota Violent Crimes/Fugitive Task Force (MVC/FTF). o � T Q y�6ijT CITY ATTORNEY RECOMMENDATION ApprOV2 (A) o� REjeGt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 7. Has this person/firm everworked under a conVactforthis department? PLANNING COMMISSfON YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee� CIVIL SERVICE COMMISSION veS NO 3. Ooes this persoNfirtn possess a skill (wt wrmally possessed by any currerR city employee? YES NO : 4. Is ihis persoNfrm a targeted vendor? YES NO Explain all yes answers on separate sheet and attach to green sheet H' INITIATWG PROBLEM ISSUE, OPPORTUNIN�WHO, WHAT, WHEN, WHERE, WHY) '' The Saint Paul Police Deparhnem will participate in the Minnesota Violent Crimes/Fugirive Task � i Force with the Federal Bureau of Investigations and several other local law enforceme�j� agencies. The Saint Paul Police Deparhnent will be reimbursed fox overtime expei�� ; ��;T 1 5 2001 � MAYOR'S OFFlCE : ADVANTAGESIFAPPROVED , The Saint Paul Police Department will continue to participate in this federal task force with ` several other local law enforcement agencies.. - �:� �`�:��?�saj f�r��s?;s� DISADVANTAGESIFAPPROVED �� T$ , " ':i L`G�i� None DISADVANTAGESIFNOTAPPROVED The Saint Paul Police Depamnent will discontinue iu participation in ttris federal task force. TOTAL AMOUNT OF TRANSACTION E See attaCLed agieement COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE FOdeial Buieau of IIIVeshgahOnS ACTNITY NUMBER . � FINANCIAL INFORMATION (EXPLAIN) A. o�-��oy MEMORANDUM OF UNDERSTANDING (MOU) \ This Memorandum of Understanding (MOU) is being executed by the below-listed agencies in connection with a Minnesota Violent Crime/Fugitive Task Force (herein after referred to as the task force) which was initiated on or about June 1, 1992, as the Minnesota Fugitive Task Force (MFTF). Participants in this expanded mission task force are: Minnesota Bureau of Criminal Apprehension Hennepin County Sheriff's Office Ramsey County Sheriff's Office Minneapolis Police Department St. Paul Police Department Federal Bureau of Investigation (BCA) (HCSO) (RCSO) (MPD) (SPPD) (FBI) Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies. This MOU will supercede the pre-existing MOU signed by MFTF participants in July and August 2000. I. PURPOSE/MISSION This MOU establishes and delineates the mis�sion of the task force as a joint cooperative effort. The task force will investigate selected significant violent crimes which are suitable Eor Federal prosecution. The violent crimes include, but are not limited to, kidnapping, extortion, murder, car jacking, hijacking, major interstate theft rings, extraordinary, and violent bank robberies, interstate transportation in aid of racketeering, murder for hire, Hobbs Act - bank and armored � carrier crimes, and drug-related homicides. The task force will locate and apprehend dangerous fugitives who have been charged in connection with the above investigations. In addition, the task force will locate and apprehend dangerous fugitives whose actions make them likely candidates for charges pursuant to Federal Unlawful Flight and other substantive Federal violent crime statutes. It is anticipated that most task force cases will originate within the nine-county Minneapolis-St. Paul metropolitan area and will impact one or more participating task force agencies. It is the desire of the participating agencies to achieve maximum inter-agency cooperation in a combined law enforcement effort to accomplish this mission. 0\-��°`'� II. ORGANIZATIONAL STRUCTURE A. Composition The task force will consist of a combined enforcement body of the aforementioned agencies. These participating agencies will provide full-time assigned personnel. B. Direction All participants acknowledge that the task force is a joint operation with all agencies acting as equal partners. The policies and direction of the task force shall be the joint responsibility of the respective sheriffs, chiefs, and agency heads of the participating agencies. C. Supervision The day-to-day operation and administrative control of the task force will be the responsibility of a Supervisory Special Agent (SSA) of the FBI and will be closely coordinated with the respective sheriffs, chiefs, and agency heads. The FBI SSA is to report pertinent developments involving task force personnel to the respective agency heads. Responsibility for the conduct of task force members, both personally and professionally, shall remain with the respective agency heads. Each agency head is responsible for any internal affairs investigation or disciplinary action directed towards their own agency personnel. In the event an agency initiates or causes to initiate an Internal Affairs investigation targeted at member(s) assigned to the task force and that investigation has linkage to task force operations or duties, the initiating agency head, at the point when another member of the task force or task force in general is affected, shall advise the head(s) of such agency(ies) that may be involved. III. PROCEDURES A. Personnel Continued assignmen� of personnel to the task force will be based upon performance and will be at the discretion of the respective agency heads/supervisors. Participating agencies will, however, endeavor to make these long-term assignments due to the time required for the training, deputization, and 2 ��-\\�`� background investigation procedures. will, on a quarterly basis, and upon update as to the program, direction task force. Each participating agency request, be provided with an and accomplishments of the B. Deputization All local and state law enforcement personnel designated to the task force, subject to a limited background inquiry, will be federally deputized, with the FBI securing the required deputization authorization. These deputizations will remain in effect throughout the tenure of each investigator's assignment to the task force or until termination of the task force, whichever occurs first. " Personnel from participating agencies will receive a comprehensive briefing on FBI field office security policy and procedures. During the briefing, each individual will execute non-disclosure agreements (SF-312 and FD-868). Upon departure from the task force, personnel from participating agencies will execute non-disclosure agreements (SF-312 and FD-868) and will be given a security debriefing. Inasmuch as this MOU will satisfy the definition of ��Memorandum of Understanding" contained in Minnesota Statute 626.8453 (Qualified Federal Law enforcement officers; special state and federal task forces; peace officer authority) by: 1) obtaining the concurrence of the governing bodies of the participating units of local government; and 2) being filed with the Minnesota Peace Of£icers Standards and Training (POST) Board, the federal law enforcement officers assigned to the task force will possess the same peace officer authority of the state and local task force members. Task force members will be considered "on duty" when called to work during non-duty time. C, Investigations All task force investigations will be initiated in accordance with United States Attorney General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations (AG Guidelines). The investigative methods employed will be consistent with the policies and procedures of the FBI and the AG Guidelines. However, in situations where the statutory or common law of Minnesota is more restrictive than comparable Federal law, the investigative methods employed by state and local law enforcement 3 b�-�\o`} agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. Task force participants will follow their own agency policies concerning use of deadly force. D. Prosecution The criteria for determining whether to prosecute a particular violation in state or federal court will'focus upon achieving the greatest overall benefit to law enforcement and the public. Any question which arises pertaining to prosecutive jurisdiction will be resolved through discussion among all investigative agencies and prosecutive entities having an interest in the matter. IV. 0 ADMINISTRATIVE Case Assignments The FBI SSA assigned to the task force will oversee the prioritization and assignment of targeted cases and related investigative activity in accordance with the stated objectives and direction of the task force. Cases will be assigned to investigative teams based on experience, training, performance, expertise, and existing case load. B. Records and Reports 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 each member of the task force will be made available for inclusion in the respective investigative agencies' files as appropriate. , Task force investigative records will be maintained at the Minneapolis Division of the FBI and will be incorporated into FBI case files. C. Evidence and Undercover Operations Al1 evidence and original tape recordings (audio and video) acquired during the course of task force 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 the task force personnel. 0 p �" �\a`� All task force undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Undercover Operations. D. Investigative Exclusivity Matters designated to be handled by the task force will not knowingly be subject to non-task force law enforcement efforts. It is incumbent upon each agency to make proper internal notification regarding task force existence, including its areas of concern. There shall be no unilateral action taken on the part of any participating agency relating to task force investigations. All law enforcement action will be coordinated and conducted in a cooperative matter. Task force investigative leads outside Minnesota will be communicated to other similar fugitive task forces or to FBI offices for appropriate investigation. E. Informants and Cooperating Witnesses The United States Attorney General Guidelines and the FBI's guidelines regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by members of the task force. The FBI agrees, subject to funding availability, to pay informants/cooperating witnesses' expenses in accordance with FBI policies and procedures and which are determined by the FBI to be reasonable and necessary. An appropriate, FBI informant/cooperating witness file will be opened wherein all information furnished by the informant/cooperating witness will be maintained. In addition, any recommendations for payments to this informant/cooperating witness will also be documented therein. , F. Staff Briefings Briefings on task force to the heads of the participating a quarterly basis and will include by respective agency personnel. investigations will be provided agencies or their designees on the amount of overtime worked V. MEDIA All media releases pertaining to task force investigations and/or arrests will be coordinated and made jointly by all participants of this MOU. No unilateral press 5 o l_1�oy releases will be made by any participating agency without the prior approval of the other participants. No information pertaining to the task force itself will be released to the media without muCual approval of all participants. VI. EOUIPMENT/OFFICE SPACE A. Vehicles Each participating agency, to the extent possible, agrees to provide their assigned investigator(s) with (a) vehicle(s). In the event, however, a local/state task force participant is permitted to use a vehicle owned by the United States Federal Government in connection with his/her assignment to the task force, the following conditions and provisions of law would apply: Any and all personal usage of an FBI car is strictly forbidden. Title 31 United States Code Section 1349(b) specifically prohibits willful usage of a government car for other than official purposes. Personal use of a government car will render a federal agent or a deputized federal agent to be outside the "scope of employment" for purposes of accident claims by third parties pursuant to the Federal Tort Claims Act or other forms of civil liability. Although a government car may be used to drive from one's principal place of residence to a work assignment, the most direct route of travel must be utilized without any significant deviations from this direct route of travel. No family members or other passengers may be transported in an FBI vehicle who are not task force members, persons arrested by the task force, witnesses or other persons with a similar investigative role in an official task force investigation. No FBI-owned car may be driven after having consumed alcohol or any drug which may impair one's ability to drive. Any accident caused by such impairment would likely render the government driver "outside the scope of employment" for purposes of criminal liability and civil liability to third parties. Task force members are fully aware of all of the above conditions and agree that the use of any FBI car will be restricted to official task-force related purposes only. This agreement in no way alters, supercedes or adds to the substantive law regarding "scope of employment." 0 !' Ot.\\dy Each participating agency agrees to be responsible for damages caused to the FBI car or a third party involved in an accident which is the result of negligence on the part of the participating agency's personnel. B. Communications The FBI agrees to provide sufficient portable radios for each task force member, subject to funding avail'ability. C. Equipment If available in their inventories, participating agencies will furnish tactical equipment deemed necessary by task force members to accomplish their tasks (i.e., battering ram, cap-stun, cameras, raid jackets, etc.). If not available, the FBI agrees to furnish this equipment subject to available funding. All equipment previously furnished will be returned upon an agency's withdrawal from the task force. D. Office space and equipment The FBI agrees, subject to availability, to provide office space and necessary equipment and supplies to carry out the administrative operation of the task force. E. Use of Special Tactical or SWAT teams If use of a law enforcement�special tactical and/or SWAT team would be advantageous or necessary in the interest of officer/public safety, it is agreed that task force will request use of the FBI's SWAT team by securing the approval of the Minneapolis SAC or his designee, in accordance with FBI guidelines, and/or will request use of the special tactical team of the particular task force participant agency in whose ' geographical territory the incident will occur or is occurring. When feasible, prior notification will be made to the local law enforcement entity in whose jurisdiction the execution of arrest or search warrant will occur. VII. FUNDING Each participating agency agrees to provide the full time services of its respective personnel for the duration of this operation. Participating agencies agree to assume all 7 o �-�lo`� personnel costs for their task force representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency. Subject to funding availability and legislative authorization, the FBI may reimburse to participating local and state agencies the cost of overtime worked by task force members assigned full time to the task force, providing overtime e�enses were incurred as a result of task force related duties. Separate Contract Reimbursable Agreements (CRAS) will be executed by the FBI and each participating agency consistent with regulations and policy. VIII. LIABILITY Unless specifically addressed by the terms of this MOU; the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation to any Federal, state or local law enforcement officer. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government, acting within the scope of his employment, shall be an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), §§ 2671- 2680. For the limited purpose of defending claims arising out of task force activity, state or local law enforcement officers who have been specially deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "employee" of the United States government as defined in 28 U.S.C. § 2671. See 5 U.S.C. § 3374(c)(2). � Under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (commonly known as the Westfall Act), 28 U.S.C. § 2679(b)(1), the Attorney General or her designee may certify that an individual defendant acted within the scope of his employment at the time of the incident giving rise to the suit. Id., 28 U.S.C. § 2679(d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. § 2679(d)(2). If the United States is substituted as defendant, the individual employee is thereby protected from suits in his official capacity. '3 o �-�loy If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to �ind and certify that the employee was acting within the scc�e of his office or employment." 28 U.S.C. § 267�id)(3). In the event a claim is filed under the Federal Toxt Claims Act or under Title 31 U.S. Code S�ction 372� (Claims for damages caused by investigative or law enforcement officers of the Department of Justice) which is the result of the combined actions of several personnel from diff2rent agencies, the respective agencies' legal representatives agree tc discuss the matter, determine each agency personnel�s proportienal negligence and/or involvement, if any, and then attempt to settle the matter accordingly within parameters allowed by law, if appropriate, with the claimant(s). Liability for any negligent or willful acts of task force employees, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. Nothing herein is intended as a waiver of the limitation on liability under Minnesota Statutes 4E6.02 and 466.04. Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v Six Unknown Named Actents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983 for state and local officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit for constitutional torts "insofGr as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzaerald, 457 U.S. 800 (1982). Task force officers may rec�:est representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R. §§ 50.15, 50.16. An employee may be provided representation "when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General or (his/her] designee determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. § 50.15(a). � . L • O�—\�O`i A task force officer's written request for representation should be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the task force. The CDC will then forward the representation request to the FBI's Office of the General Counsel (OGC) together with a letterhead memorandum concerning the factual basis for the lawsuit_ FBIfOGC will tlien forward the request to the Civil Division of DOJ together with an agency recommendation concerning scope of employment and Department representation. 28 C.F.R. � 50.15(a)(3). If a task force officer is found to be liable for a constitutional tort, he/she may request indemnification from DOJ to satisfy an adverse judgment rendered against the employee in his/her individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DOJ representation under 28 C.F.R. § 50.15(a). IX. DLJRATION This MOU shall remain in effect until terminated as specified below. Continuation of this MOU shall be subject to the availability of necessary funding. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated at any time by any of the participating agencies, including the FBI. A participating agency may withdraw from this agreement at any time by providing a 30-day written notice of its intent to withdraw to all other participating agencies. The MOU will remain in force as to those participating agencies who have not withdrawn from the task force. Upon the termination of the task force and the MOU, all equipment will be returned to the supplying agencies. Upon any one agency's withdrawal, all equipment originally provided by ' that agency will be returned. X. MODIFICATIONS 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 unlese such modifications are reduced to writing and signed by an authorized representative of each participating agency. 10 : , . : � Z00/ MIC� W. C'�I Super ntendent Minnes ta Bure of Criminal Apprehension � PATRI.CK,! Hennepin Hennepin ROBERT FLETCHER Sheriff Ramsey County S Sheriff Sheriff's Office ROBERT OLSON Chief of Police Minneamai�s Police v �+ w WILLIAM FINNE < Chief of Po ce St. Paul P ice Office RAY A. RROW Acting pecial ent in Charge Minneapolis Div sion Federal Bureau of Investigation Assistant Ci�y Attorney City of St. �Paul FBI FBI Officer , Washington, D. C. PEJTER HAMES Director Office of Financial Services �� s�y�c�e, b��ng �auted o � �gve�, s��f �l/3�7/�, �� Date il � Date � �5- Date �l o I Date rJ �/ Date Date Date Date