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08-1262Conncil File # Q�- J aJ,,,� Green Sheet#30b309 RESOLUTION AyVT PAUL, MINNESOTA �7 Presented by 1 RESOLVED, that the Ciry of Saint Paul, Police Department, is aurhorized to enter into the attached Joint Powers Agreement 2 with the United Ssates Attomey for the District of Columbia, the Metropolitan Police DepazRnent of Washington, D.C. 3(IvIPD), which includes an indemnification clause for participation in the Presidential Inauguration Task Force (PITF) in the 4 Washington, D.C. area from January 15, 2009 to January 21, 2009. A copy of said agreement is to be kept on file and on 5 record in the Office of Financial Services. Requ ed Dep vt of. Police ✓h"'.�-- By� Approved by�he O� of F' �anci Se 'ce � By. , y �, Approved by C' g '�.: Adoprion Certified by Council Secretary By: By: 1 ` � Approve b a o. ate �� �� By: Adopted by Council: Date r��/r'/��5� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet o8-ia�a ; Department/�ce/Council: Date Inkiated: i i Pp_POliceDepartment �,aNO„-0$ ; Green Sheet NO: 3063095 : Contact Person & Phone: � Chief John Harrin9ton 266�6588 � Must Be on Council Agenda by (Date): I Dnc. Type: �SOLUTION E-DOCUment Required: Y Document Contact: Eveve Sprver �► Assign Number For Ruuting Order Contact Phone: 2665541 l I 1 Tota1 # of Signature Pages (Clip All Locations for Signature) ��� � Action Requested: Signatures on the attached council resolurion authorizing the City of Saint Paul, Police Depaztment, to enter into the attached 7oint Powers Agreemem with the United States Attorney for the District of Colwnbia, the Metropolitan Police Depaztment of Washington, D.C. (MPD). Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission � Personal Service ConVacts Must Answer the Following Questions: 1. Has this pereon/firtn ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this persoNfirm possess a skill not nortnally possessed by any cument city employee? Yes No F�cplain all yes answers on separaM sheet and attach to green sheM. IniHating Problem, Issues, Opporiunity (Who, What. When, Where, Why): The Saint Paul Police Departrnent will participate with other law enforcement agencies in the Presidenual Inauguration Task Force (PITF) in the Washington, D.C. azea from January 15, 2009 to January 21, 2009 to effectively unplement measures to promote the safety of the President of the United States, inaugural participants, the public, visitors and residents while allowing individuals and �oups to exercise theu legal rights. AdvanWges If Approved: Opportunity to participate in the PITF in the Washington, D.C. area to promote the safety of the President of the United States, inaugural pazkcipants, the publiq visitocs and residents. � Disativantages If Approved: ! None. Disadvantages If Not Approvetl: Lost opportuniry to participate in the P1TF in the Washington, D.C. azea to promote the safety of the President of the United States, inaugural participants, the public, visitors and residents. Total Amomrt of Transaction: Funding Source: 001 Financial Information: (Explain) CostlRevenue Budgeted: Activiry Number. 04100 November 10, 2008 12:39 PM Page 1 `4 ��py b�-/a�a --__ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is executed by the United States Attomey for the District of Columbia, the Metropolitan Police Department of Washington, D.C. (MPD) and the Saint Paul Police Department. I. PURPOSE The purpose of the MOU is to outline the mission of the Presidential Inauguration Task Force (PITF) in the Washington, D.C. azea from January 15, 2009, to January 21, 2009. Additionally, this MOU will define relationships between the U.S. Mazshal Service, MPD and the Saint Paul Police Department, as well as other participating agencies with regard to policy, guidance, utilization of resowces, planning training, public relations and media in order to maacimize interagency cooperation. II. MISSION The mission of the PITF is to achieve maximum coordination and cooperation in bringing to beaz combined resources to effectively implement measures to promote the safety of the President of the United States, inaugural participants, the public, visitors and residents while allowing individuals and groups to exercise their legal rights. Additionally, ail units that aze participating agencies will cootdinate their acfivifies and be considered a member of the PITF, sharing information and coordinaring investigative and law enforcement efforts which may result from any apprehensions originaring from the PITF. III. ORGANIZATIONAL STRUCTURE A. Direction The Saint Paul Police Department acknowledges that the PITF is a joint operation in which all agencies, including the Metropolitan Police Department of District of Columbia, Office of the United States Attomey for District of Columbia, United States Marshals Service, United States Secret Service, United States Federal Bureau of Investigataon, National Pazk Service, Saint Paul Police Department and other agencies, act as partners in the operation of the PITF. The Command Center for the operations will be located at the Metropolitan Police Department (MPD) Headquarters and will be staffed by officers from the United States Marshals Service, MPD, U.S. Park Police, and the Federal Bureau of Investigation. These officers will serve as the Executive Council for this operation. o8-ia�a� B. Supervision The day-to-day operarion and administrative control of the PITF will be the responsibility of a Tacrical Team Commander selected from one of the patticipating agencies. The Tacrical Team Commander will coordinate with supervisory personnel of the United States Secret Service as the sponsoring agency for Special Deputation (federal) and with MPD as the lead agency for the operation. The daily management of the PITF will be closely monitored by the MPD. Responsibility for the conduct of the PITF members, both personally and professionally, shall remain with the respective agency directors subject to the provisions in Section IX (Liabi]ity). C. Ur�ilateral Law Enforcement Action There shall be no unilateral action taken on the part of any participating non-federal or non-MPD law enforcement agency relating to PITF activities. All law enforcement action by participating non-federal and non-MPD law enforcement agencies will be coordinated and conducted in a cooperative manner under the direction of the Executive Council and the MPD. IV. PROCEDURES A. Personnel Continued assignment of personnel to the PITF will be based upon performance and will be at the discretion of the respective agency. Each participating agency will be provided with reports as necessary regazding the program, direction, and accomplishment of the PITF. B. Deputation All local and state law enforcement personnel designated to the PITF will be subject to background inquiry and will be federally deputized, with the United States Marshals Service securing the required deputarion authorization. These deputations will remain in effect throughout the tenure of each officer's assi�unent to the PITF or unfil termination of the PITF, whichever occurs first. Each individual depurized as a Special Deputy U.S. Mazshal will have a11 necessary law enforcement authority as provided by 28 U.S.C. § 566(c) and (d); 28 U.S.C. § 564; 18 U.S.C. § 3053; 28 C.F.R. § 0.112, and the deputation authority of the Deputy Attorney General. The Special Deputy U.S. Mazshals wiil be responsible for i) performing necessary law enforcement steps to keep the peace of the United States; 2) enforcing federal law (e_.�, 18 U.S.C. §§ 112, 1116, and 878, as weli as other provisions of that title}; 3) protecting visiring foreign officials, official guests, and intemationally protected persons; 4) taking necessary law enforcement steps to prevent violafions of federal iaw, and; 5) enforcing District of Columbia law as a result of the deputation (see D.C. Code 23-581 and 28 U.S.C. § Sb4). o� �a� Individuals deputized as Special Deputy U.S. Mazshals pursuant to this MOU who suffer a disability or die as a result of personal injury sustained while in the performance of his or her duty during the assignment shall be treated as a federal employee as defined by Title 5 U.S.C. section 8101. Any such individuals who apply to the U.S. Department of Labor for federal workers' compensation under Secfion 3374 must submit a wpy of this MOU with his or her application. All applicants will be processed by the U.S. Department of Labor on a case by case basis in accordance with applicable 1aw and regulation. C. Law Enforcement Activities Since it is anticipated that almost a11 cases originating from any PITF arrests will be prosecuted at the state or local level, the law enforcement methods employed by all participating law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to a change of venue for prosecution. D. Prosecution The criteria for determining whether to prosecute a particular violation in federal or state court will focus upon achieving the greatest overall benefit to law enforcement and the community. Any question which arises pertaining to prosecutorial jurisdiction will be resolved through the Executive Council. The U.S. Attorney's Office for the District of Columbia has agreed to formally participate in the PITF and will adopt policies and seek sentences that meet the needs of justice. V. ADMINISTRATIVE A. Records and Reports All records and reports generated by PITF members shall be routed through the Tactical Team Commander who shall be responsible for maintaining custody and proper dissemination of said records as he or she deems appropriate. B. Staff Briefings Periodic briefings on PITF law enforcement ac6ons will be provided to the directors of the participating agencies or their designees. Statistics regazding accomplishments will also be provided to the participating agencies as available. o8-�a�� VI. MEDIA All media releases pertaining to PITF law enforcement activity and/or arrests will be coordinated by all participants of this MOU. No unilateral press releases will be made by any participating agency without the prior approval of the Executive Council. No information pertaining to the PITF itself will be released to the media without mulual approval of ali participants. VII. EQUII'MENT A. PITF Vekricles Each participating agency, pending availability and individual agency policy, agrees and authorizes PITF members to use vehicles, when available, owned or leased by those participating agencies, in connection with PITF law enforcement operations. In tum, each participating agency agrees to be resgonsible for any negligent act or omission on the part of its agency or its employees, and for any liability resulting from the misuse of said vehicles, as well as any damage incurred to those vehicles as a result of any such negligent act or omission on the part of the participating agency or its employees, subject to the provisions of Section IX (Liability). Participating agency vehicles assigned to the PITF aze subject to fixnding availability, are pmvided at the disczetion of the supervisor of the providing agency, and will be used only by PITF members. Vehicles provided by participating agencies wiil be used only during working hours and will not be used for transportation to and from work by task force members or used for any other purpose. Participating agencies will provide maintenance and upkeep of their vehicles consistent with each agency's policy. Vehicles provided as pool vehicles for PITF use will be pazked at the end of each shift at a location determined by the Tacticai Team Commander or his/her designee. B. Other Equipment Other equipment furnished by any agency for use by other agencies' participating personnel shall be returned to the originating agency upon termination of the PITF or this MOU. VIIL FUNDING The Saint Paul Police Department agrees to provide the full-time services of its respective personnel for the duration of this operafion, and to assume all personnel costs for their PITF representatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency policies and procedures. Reimbursement for the cost of such personnel will be made by the District of Columbia, with funds provided by the United States and from general revenue. o8-�a�� IX. 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 representarion by the United States is determined by the Department of Justice on a case-by-case basis. T'here is no guarantee that the United States will provide legal reptesentation to any federal, state or local law enforcement officer. Congress has provided that the exciusive remedy for the negligent or wrongful aet or omission of any employee of the United 5tates govemment, acting within the scope of employment, shall be an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2679(b)(2). For the limited purpose of defending clauns arising out of PITF activity, state or local law enforcement officers who have been specially depurized as U.S. Mazshals and who are acring within the course and scope of their official dufies and assignments pursuant to this MOU, may be considered an"employee" of the United States govemment as defined in 28 U.S.C. 2671. It is the position of the Department of Justice Civil I7ivision Torts Branch that such individuals are federal employees for these purposes. 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 Attomey General or his designee may certify that an individual defendant acted within the scope of employrnent 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 suit. 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 find and czriify that the employee was acting within the scope of his office or employment." 28 U.S.C. § 2679(d)(3). Liability for any negiigent or willful acts of PITF employees, undertaken outside the terms of this MOIJ will be the sole responsibility of the respective employee and agency involved. Liability for violations of federal consriturional law rests with the individual federal agent or officer pursuant to Bivens v. Six Unknown Agents 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 insofar as their conduct does not violate "cleazly established statutory or consritutional rights of which a reasonable person would have known." HarZow v. Fitzgerald, 457 U.S. 800 (1982). 5 �� 1���, PITF officets may request representation by the U.S. Depaztment of Jusrice for civil suits against them in their individual capacities for acrions 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 appeaz to have been perforxned within the scope of the employee's employment and the Attomey General or his designee deteruunes that providing representation would otherwise be in the interest of the United States. 28 C.F.R. § 5015(a). A PITF officer's written request for representation should be directed to the Attomey General and provided to the Civil Division of the U.S. Attomey's Office for the District of Columbia, which will then forward the representation request to the Civil Division of the United States Department of Jusrice together with a recommendation concerning scope of employment and Department representation. 28 C.F.R. § 50.15(a)(3). If a PITF officer is found to be liable for a consfitutiona] tort, he/she may request indemnification from the Department of Justice 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 aze substantially similar to those used to determine whether a federal employee is entitled to Department of Justice representation under 28 C.F.R. § 50.15(a). X. DURATION This MOU shall remain in effect until terminated as specified above, unless that date is modified as set forth in Section XI. Continuation of the MOU shall be subject to the availability of necessary funding. This agreement may be terminated at any time by any of the participating agencies. The Saint Paul Police Department may withdraw from this MOU at any time by providing a seven-day written notice of its intent to withdraw to the MPD. Upon the termination of the MOU, all equipment will be returned to the supplying agencies. XL MODIFICATIONS The terms of this MOU may be modified at any time by written consent of all parties. Modifications to this MOU sha11 have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participaring agency. XII. LIMITATION ��-fa�a Nothing in this MOU is intended to, or shall be construed to create enforceable rights in third parties. METROPOLITAN C¢1'1'HY L. LANTER, ` �HIEF OF POLICE � WASHINGTON, D.C., � METROPOLITAN POL � . ' ",� �� JEFFREY A. TAYLOR UNITED STATES ATT DISTRICT OF COLUM CE EPARTMENT � DEPARTMENT M. SAINT PAUL P LICE DEPARTMENT SAINT PAUL INNESOTA 70HN C I CITY A MINISTRATOR SAlNT, AUL,1vIINNESOTA MARGARET KELLY DIRECTOR OF OFFICE OF FINANCE SAINT PAUL, MINNESOTA 7 I: . . . .�CHRISTOPHERB COLEMAN ,� MAYOR CITY OF SAINT AUL SAINT PAUL, M ESOTA ACTING�UMAN RIGHT3 DIRECTOR SAINT P UL, MINNESOTA