FEDERAL BUREAU OF INVESTIGATION (FBI)

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46. The parent agency of each individual assigned to the OCAOCTF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 47. OCAOCTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the OCAOCTF, subject to a limited background inquiry, shall be sworn as federal task force officers either by acquiring Title 21 or Title 18 authority (via the United States Marshals), with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the OCAOCTF or until the termination of the OCAOCTF, whichever comes first. 49. Deputized OCAOCTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 50. In furtherance of this MOU, employees of SAPID may be permitted to drive FBI owned or leased vehicles for official OCAOCTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Use Policy Guide (0791 PG) or superseding versions thereof. The assignment of an FBI owned or leased vehicle to SAPID OCAOCTF personnel will require the execution of a separate Vehicle Use Agreement. 51. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to OCAOCTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of the SAPID and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by SAPID OCAOCTF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by SAPID task force personnel while engaged in any conduct other than their official duties and assignments under this MOU.