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HomeMy WebLinkAboutFEDERAL BUREAU OF INVESTIGATION (FBI) (6) NOV 1 4 2024 Return FULLY EXECUTED N-2024-368 o ppcz Copy to City Clerk, M-30 C1`(AnJ�1 NA°/QnoMRl FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION ORANGE COUNTY SEX TRAFFICKING AND OPPRESSION PREVENTION TASK FORCE (OC STOP TF) MEMORANDUM OF UNDERSTANDING PARTIES 1. This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and Anaheim Police Department, Santa Ana Police Department, Irvine Police Department, Garden Grove Police Department and the California Highway Patrol (collectively: the Parties). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 34 U.S.C. § 10211; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of the Orange County Sex Trafficking and Oppression Prevention Task Force (OC STOP TF); formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter-agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. No assignment of rights, duties, or obligations of this MOU shall be made by any party without the express written approval of a duly authorized representative of all other parties. MISSION 4. The mission of the Orange County Sex Trafficking and Oppression Prevention Task Force (OC STOP TF) is to provide a rapid, proactive, and intelligence-driven investigative response to the sexual victimization of children and human trafficking within the FBI's jurisdiction; to identify and recover victims of child exploitation and human trafficking; to reduce the vulnerability of children and adults to sexual exploitation and abuse; and to strengthen the capabilities of the FBI and federal, state, local, and international law enforcement through training, intelligence-sharing, technical support, and investigative assistance. 5. The defined priority threats that are aligned with the mission of the OC STOP TF are: a. Human Trafficking b. Child Sex Trafficking FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 2 c. Adult Sex Trafficking d. Forced Labor e. Domestic Servitude f. All other Human Trafficking matters within the FBI's jurisdiction SUPERVISION AND CONTROL A. Supervision 6. Overall management of the OC STOP TF shall be the shared responsibility of the FBI and participating agency heads and/or their designees. 7. The Special Agent in Charge (SAC) of the FBI Los Angeles Field Office shall designate one Supervisory Special Agent (OC STOP TF Supervisor) to supervise the OC STOP TF. The OC STOP TF Supervisor may designate a Special Agent to serve as the OC STOP TF Coordinator. 8. Conduct undertaken outside the scope of an individual's OC STOP TF duties and assignments under this MOU shall not fall within the oversight responsibility of the OC STOP TF Supervisor or OC STOP TF Coordinator. As stated in paragraph 77, below, neither the United States nor the FBI shall be responsible for such conduct. 9. OC STOP TF personnel will report to his or her respective agency for personnel and administrative matters. Each participating agency shall be responsible for the pay, overtime, leave, performance appraisals, and other personnel matters relating to its employees detailed to the OC STOP TF. The FBI and the participating agency may provide for overtime reimbursement by the FBI by separate written agreement. 10.All FBI personnel will adhere to the FBI's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 11. All OC STOP TF personnel, which includes Task Force Officers, Task Force Members, and Task Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and Domestic Operations Investigative Guidelines (DIOG). 12. OC STOP TF personnel will continue to report to their respective agency heads for non- investigative administrative matters not detailed in this MOU. 13. Continued assignment of personnel to the OC STOP TF will be based on performance and at the discretion of appropriate management. The FBI SAC and OC STOP TF Supervisor will also retain discretion to remove any individual from the OC STOP TF. B. Case Assignments 14. The FBI OC STOP TF Supervisor will be responsible for opening, monitoring, directing, and closing OC STOP TF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 3 15. Assignments of cases to personnel will be based on, but not limited to, experience, training, and performance, in addition to the discretion of the OC STOP TF Supervisor. 16. For FBI administrative purposes, OC STOP TF cases will be entered into the relevant FBI computer system. 17. OC STOP TF personnel will have equal responsibility for each case assigned. OC STOP TF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 18. The head of each participating agency shall determine the resources to be dedicated by that agency to the OC STOP TF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept apprised of investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 19. It is agreed that matters designated to be handled by the OC STOP TF will not knowingly be subject to non-OC STOP TF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the OC STOP TF's existence and areas of concern. 20. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to OC STOP IF investigations or areas of concern as described in paragraphs 4 and 5. All law enforcement actions will be coordinated and cooperatively carried out. 21. OC STOP TF investigative leads outside of the geographic areas of responsibility for the FBI will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 22. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-OC STOP TF personnel will be limited to those situations where it is essential to the effective performance of the OC STOP TF and only with prior FBI approval. These disclosures will be consistent with applicable FBI guidelines and policy. 23. Non-FBI OC STOP TF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the OC STOP TF. No documents or information which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBI approval. 24. In those instances where a participating agency provides a CHS, the FBI may become solely responsible for the CHS's continued development, operation, and compliance with FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 4 necessary administrative procedures regarding operation and payment as set forth by the FBI. 25. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of OC STOP TF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure. 26. Operation, documentation, and payment of any CHS opened and operated in furtherance of a OC STOP TF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI OC STOP TF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of OC STOP TF investigations shall be maintained at an agreed upon location. C. Reports and Records 27. 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 OC STOP TF personnel will be made available for inclusion in the respective investigative agencies' files as appropriate. 28. OC STOP TF reports prepared in cases assigned to OC STOP TF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 29. Records and reports generated in OC STOP TF cases which are opened and assigned by the OC STOP TF Supervisor with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for OC STOP TF. 30. OC STOP TF investigative records maintained at the Los Angeles Field Office of the FBI will be available to all OC STOP TF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative, and/or policy restrictions. 31. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the OC STOP TF 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 OC STOP TF personnel. 32.All OC STOP TF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to OC STOP TF Supervisor approval. 33. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied and only with prior FBI approval. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 5 INFORMATION SHARING 34. Records or reports created or obtained by the OC STOP TF are the property of the FBI and disclosure of such records, if it occurs, shall be pursuant to applicable federal law, with the approval of FBI. If such records are shared outside of the OC STOP TF with state and/or local law enforcement agencies, such records are merely loaned to the non- Federal agency and are subject to retrieval by the FBI at its discretion. In the event that the Anaheim Police Department, Santa Ana Police Department, Irvine Police Department, Garden Grove Police Department and/or California Highway Patrol receive a request pursuant to California's public records statute, Government Code sections 7920.000-7921.010, the civil or criminal discovery process, or other judicial, legislative, or administrative process, to disclose OC STOP TF records, the Anaheim Police Department, Santa Ana Police Department, Irvine Police Department, Garden Grove Police Department and/or California Highway Patrol Police Department will immediately notify the FBI of any such request in order to allow sufficient time for the FBI to seek to prevent disclosure through appropriate channels, if necessary. 35. No information possessed by the FBI, to include information derived from informal communications between OC STOP TF personnel and FBI employees not assigned to the OC STOP TF, may be disseminated by OC STOP TF personnel to non-OC STOP TF personnel without the approval of the OC STOP TF Supervisor and in accordance with the applicable laws and internal regulations, procedures, or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, OC STOP TF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 36. The Parties acknowledge that this MOU may provide OC STOP TF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by OC STOP TF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. 37. Each Party that discloses personally identifiable information (PII) is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 38. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 39. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 6 40. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner(including any data losses or breaches). 41. Each party agrees to provide, upon request, details regarding the handling and maintenance of data in electronic and paper recordkeeping systems maintained pursuant to the provisions of this MOU, in order to allow the other party to ensure that appropriate security and privacy protections are in place. Such information shall be provided to the extent allowable by the laws, regulations, and policies governing each party. PROSECUTIONS 42. OC STOP TF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 43. A determination will be made on a case-by-case basis whether the prosecution of OC STOP TF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the OC STOP TF. 44. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute an OC STOP TF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. Investigative Methods/Evidence 45. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the Parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 46. In all cases assigned to state, county, or local law enforcement participants, the Parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the DIOG to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 47. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 7 B. Undercover Operations 48.All OC STOP TF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the United States Attorney General's Guidelines on FBI Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS-THAN-LETHAL-DEVICES' 49. The parent agency of each individual assigned to the OC STOP TF will ensure that while the individual is participating in FBI-led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures. 50. The parent agency of each individual assigned to the OC STOP TF 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.2 DEADLY FORCE AND SHOOTING INCIDENT POLICIES 51. OC STOP TF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 52. Local and state law enforcement personnel designated to the OC STOP TF, subject to a limited background inquiry, shall be sworn as federal task force officers by acquiring Title 18 authority (via the United States Marshals) and Title 21 U.S.C. authority (via the t Pursuant to Section VIII of the DOJ Less-Than-Lethal Devices Policy dated May 16, 2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. 2 Less-lethal—When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less-lethal weapons to gain control of a subject. Less-lethal weapons are designed to induce a subject to submit or comply with directions. These weapons give law enforcement officers the ability to protect the safety of officers, subjects, and the public by temporarily incapacitating subjects. While less-lethal weapons are intended to avoid causing any serious harm or injury to a subject, significant injuries and death can occur from their use. The term "less-than-lethal" is synonymous with "less-lethal,""non-lethal," "non-deadly," and other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less-Than Lethal Devices. "Less-lethal" is the industry standard and the terminology the FBI has elected to utilize in reference to this policy. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 8 FBI, to participate in federal drug investigations). The FBI will secure the required deputation authorization(s). These deputation(s) should remain in effect throughout the tenure of each investigator's assignment to the OC STOP TF or until the termination of the OC STOP TF, whichever comes first. 53. Deputized OC STOP TF 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. 54. State, local, tribal, and territorial law enforcement officers (LEDs) who serve on the OC STOP TF must be federally deputized under Title 18. They must also be deputized under Title 21 to participate in federal drug investigations. The FBI may likewise require federal LEOs who serve on the OC STOP TF to be deputized while assigned to the OC STOP TF. The FBI will secure the required authorization for deputations, as needed. 55. Under the terms of this MOU, the Participating Agency agrees that non-LEOs detailed to the OC STOP TF will not: (1) participate in law enforcement activities; (2) carry a weapon, either lethal or non-lethal; or(3) participate in the execution of search/arrest warrants. VEHICLES 56. In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official OC STOP TF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Use Policy Guide (1093PG). The assignment of an FBI owned or leased vehicle to participating agency OC STOP TF personnel will require the execution of a separate Vehicle Use Agreement. 57. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to OC STOP TF business. 58. Neither the FBI nor the United States shall be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by OC STOP TF personnel while engaged in any conduct other than their official duties and assignments pursuant to their federal deputation on the OC STOP TF. 59. To the extent permitted by applicable law, the participating agencies agree to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by OC STOP TF personnel which is outside the scope of their official duties and assignments. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 9 SALARY/OVERTIME COMPENSATION 60. The FBI and each participating agency remain responsible for all personnel costs for their OC STOP TF representatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency, except as described in paragraph 61 below. 61. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencies the cost of overtime worked by non-federal OC STOP TF personnel assigned full-time to OC STOP TF, provided overtime expenses were incurred as a result of OC STOP TF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and participating agencies for full-time employee(s) assigned to OC STOP TF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable participating agency overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 62. Property utilized by the OC STOP TF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the OC STOP TF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by OC STOP TF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of OC STOP TF, will be the financial responsibility of the agency supplying said property. FUNDING 63. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the Parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 64. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with OC STOP TF operations. 65. Asset forfeitures will be conducted in accordance with federal law and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to OC STOP TF investigations may be equitably shared with the agencies participating in the OC STOP TF. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 10 DISPUTE RESOLUTION 66. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the OC STOP TF's objectives. 67. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 68. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 69. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO OC STOP TF AND SECURITY CLEARANCES 70. If a participating agency candidate for the OC STOP TF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 71. If, for any reason, the FBI determines that a participating agency candidate is not qualified or eligible to serve on the OC STOP TF, the participating agency will be so advised and a request will be made for another candidate. 72. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and.procedures. During the briefing, each candidate will execute non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 73. Before receiving unescorted access to FBI space identified as an open storage facility, OC STOP TF personnel will be required to obtain and maintain a "Top Secret" security clearance. OC STOP TF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 74. Upon departure from the OC STOP TF, each individual whose assignment to the OC STOP TF is completed will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement to which he or she previously agreed. LIABILITY 75. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the OC STOP TF. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 11 76. Each party agrees to notify the other in the event of receipt of a civil claim arising from the conduct of personnel assigned to the OC STOP TF or otherwise relating to the OC STOP TF. Both parties agree to cooperate fully with one another in the event of any investigation arising from alleged negligence or misconduct arising from the OC STOP TF operations. Nothing in this paragraph prevents any party from conducting an independent administrative review of any incident giving rise to a claim. In the event that a civil claim or complaint is brought against a state or local officer assigned to the OC STOP TF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 77. COMMON LAW TORT CLAIMS A. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his or her employment, shall be an action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), and §§ 2671-2680. B. Notwithstanding any other provision contained in this MOU, for the limited purpose of defending civil claims arising out of[operational relationship] activity, any employee detailed from a Participating Agency who is acting within the course and scope of his or her official duties and assignments pursuant to this MOU may be considered an "employee" of the U.S. government, as defined at 28 U.S.C. § 2671. See 5 U.S.C. § 3374(c)(2). C. Under the Federal Employee Liability Reform and Tort Compensation Act of 1998 (commonly known as the Westfall Act), see 28 U.S.C. § 2679(b)(I), if an employee of the United States is named as a defendant in a civil action, the Attorney General or his or her designee may certify that the defendant acted within the scope of his or her employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(1)&(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims alleged in the action. 28 U.S.C. §2679(d)(1)&(2). Decisions to certify that an employee was acting within the scope of his or her employment at the time of the incident giving rise to the suit, see 28 U.S.C. § 2679(d)(1)&(2), are made on a case-by case-basis, and such certification cannot be guaranteed. D. 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 certify that the employee was acting within the scope of his office or employment." 28 U.S. C. § 2679(d)(3).". 78. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An individual assigned to the OC STOP TF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual-capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual-capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Los Angeles Division, who will then coordinate the request with the FBI FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 12 Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case- by-case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any OC STOP TF personnel. 79. Liability for any conduct by OC STOP TF personnel undertaken outside of the scope of their duties and assignments pursuant to their federal deputation on the OC STOP TF shall not be the responsibility of the FBI or the United States. DURATION 80. The term of this MOU is for the duration of the OC STOP TF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 81.Any participating agency may withdraw from the OC STOP TF at any time by written notification to the OC STOP TF Supervisor with designated oversight for investigative and personnel matters or program manager of the OC STOP TF at least 30 days prior to withdrawal. 82. Upon termination of this MOU, all equipment provided to the OC STOP TF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any OC STOP TF participation. MODIFICATIONS 83. This agreement may be modified at any time by written consent of all involved agencies. 84. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 13 SIGNATORIES Special Agent in Charge Date Federal Bureau of Investigation Chief Date Anaheim Police Department V... \1(2.1..A._... IIMI-7-Lf Chief Date Santa Ana Police Department Chief Date Irvine Police Department Border Division Chief Date California Highway Patrol Chief Date Garden Grove Police Department FOR OFFICIAL USE ONLY IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ` am IF '_ . H L • ALVARO NUNEZ City - - City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney rf By: /./,//J TAMARA BO OSIAN Senior Assistant City Attorney FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION ORANGE COUNTY SEX TRAFFICKING AND OPPRESSION PREVENTION TASK FORCE (OC STOP TF) MEMORANDUM OF UNDERSTANDING PARTIES 1.This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of InvestIgation (FBI) and Anaheim Police Department, Santa Ana Police Department, Irvine Police Department, and the California Highway Patrol (collectively: the Parties). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 2.Authority for the FBI to enter into this agreement can be found at Title 28. United States Code (U.S.C.), Section (S) 533; 34 U.S.C. S 10211 ; Title 28, Code of Federal Regulations (C.F.R.), S 0.85; and applicable United States Attorney General’s Guidelines. PURPOSE 3.The purpose of this MOU is to delineate the responsibilities of the Orange County Sex Trafficking and Oppression Prevention Task Force (OC STOP TF); formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter-agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. No assignment of rights, duties, or obligations of this MOU shall be made by any party without the express written approval of a duly authorized representative of all other parties MISSION 4.The mission of the Orange County Sex Trafficking and Oppression Prevention Task Force (OC STOP TF) is to provide a rapid, proactive, and intelligencedriven investigative response to the sexual victimization of children and human trafficking within the FBI’s jurisdiction; to identIfy and recover victims of child exploitation and human tra#lcking; to reduce the vulnerability of children and adults to sexual exploitation and abuse; and to strengthen the capabilities of the FBI and federal, state, local, and international law enforcement through training, intelligence-sharing, technical support, and investigative assistance. 5. The defIned priority threats that are aligned with the mission of the OC STOP TF are: a. Human Trafficking b. ChIld Sex TraffIcking FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 2 Adult Sex Trafficking Forced Labor Domestic Servitude All other Human TraffIckIng matters within the FBI’s jurisdIction Ce d. ee f. SUPERVISION AND CONTROL A Supervision 6.Overall management of the OC STOP TF shall be the shared responsibility of the FBI and participating agency heads and/or their designees. 7.The Special Agent in Charge (SAC) of the FBI Los Angeles Field omce shall designate one Supervisory Special Agent (OC STOP TF Supervisor) to supervise the OC STOP TF. The OC STOP TF Supervisor may designate a Special Agent to serve as the OC STOP TF Coordinator. 8.Conduct undertaken outside the soope of an individual's OC STOP TF duties and assignments under this MOU shall not fall within the oversight responsibility of the OC STOP TF SupervIsor or OC STOP TF Coordinator. As stated in paragraph 77, below, neither the United States nor the FBI shall be responsible for such conduct. 9.OC STOP TF personnel will report to his or her respective agency for personnel and administrative matters. Each participating agency shall be responsible for the pay, overtime, leave, performance appraisals, and other personnel matters relating to its employees detailed to the OC STOP TF. The FBI and the participating agency may provide for overtime reimbursement by the FBI by separate written agreement. 10. All FBI personnel will adhere to the FBI’s ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ. 11 . All OC STOP TF personnel, which includes Task Force Officers, Task Force Members. and Task Force Participants, must adhere to the applicable U.S. Attorney General’s GuIdelines and Domestic Operations Investigative Guidelines (DIOG). 12. OC STOP TF personnel will continue to report to their respective agency heads for non- investigative administrative matters not detailed in this MOU . 13. Continued assignment of personnel to the OC STOP TF will be based on performanoe and at the discretion of appropriate management. The FBI SAC and OC STOP TF Supervisor will also retain discretion to remove any individual from the OC STOP TF. B. Case Assignments 14. The FBI OC STOP TF Supervisor will be responsible for opening, monitoring, directing, and closing OC STOP TF investigations in acconlance with existing FBI policy and the applicable United States Attorney General’s Guidelines. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 3 15. Assignments of cases to personnel will be based on, but not limited to, experience, training, and performance, in addition to the discretion of the OC STOP TF Supervisor. 16. For FBI administrative purposes, OC STOP TF cases will be entered into the relevant FBI computer system. 17. OC STOP TF personnel will have equal responsibility for each case assigned. OC STOP TF personnel will be responsible for complete investigation from predication to resolution. C. Resource Control 18. The head of each participating agency shall determine the resources to be dedicated by that agency to the OC STOP TF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept apprised of investigative developments by his or her subordinates. OPERATIONS A Investigative ExclusivIty 19. It is agreed that matters designated to be handled by the OC STOP TF will not knowingly be subject to non-OC STOP TF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the OC STOP TF’s existence and areas of concern. 20. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agencY relating to OC STOP TF investigations or areas of concern as described in paragraphs 4 and 5. All law enforcement actions will be coordinated and cooperatively carried out. 21. OC STOP TF investigative leads outside of the geographic areas of responsibility for the FBI wIll be communiated to other FBI offices for appropriate investigation. B. ConfidentIal Human Sources 22. The disclosure of FBI informants. or Confidential Human Sources (CHSs), to non-OC STOP TF personnel will be limited to those situations where it is essential to the effective performance of the OC STOP TF and only with prior FBI approval. These disclosures will be consIstent with applicable FBI guidelines and policY. 23. Non-FBI OC STOP TF personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the OC STOP TF. No documents or information which identify, tend to identify. or may indirectly identify an FBI CHS maY be released without prior FBI approval. 24. In those instances where a participating agency provides a CHS, the FBI may become solely responsIble for the CHS’s continued development, operation, and compliance with FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 4 necessary administrative procedures regarding operation and payment as set forth bythe FBI. 25. The United States Attorney General’s Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of OC STOP TF Investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policv and procedure. 26. Operation, documentation, and payment of any CHS opened and operated in furtherance of a OC STOP TF investigation must be in accordance with the United States Attorney General’s Guidelines, regardless of whether the handling agency is an FBI OC STOP TF participating agency. Documentation of state. county, or local CHSs opened and operated in furtherance of OC STOP TF investigations shall be maintained at an agreed upon location. C. Reports and Records 27. 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 OC STOP TF personnel will be made available for inclusion in the respective investigative agencies’ files as appropriate. 28. OC STOP TF reports prepared in cases assigned to OC STOP TF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI 29. Records and reports generated in OC STOP TF cases which are opened and assigned by the OC STOP TF Supervisor with designated oversight for investigative and personnel matters wIll be maintained in the FBI investigative file for OC STOP TF. 30. OC STOP TF investigative records maintained at the Los Angeles Field Office of the FBI wIll be available to all OC STOP TF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative, and/or policy restrictions. 31. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the OC STOP TF 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 OC STOP TF personnel. 32. All OC STOP TF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the dIscretion of supervisory personnel of the concerned agencies, subject to OC STOP TF Supervisor approval. 33. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied and only with prior FBI approval. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLy 5 INFORMATION SHARING 34.Records or reports created or obtained by the OC STOP TF are the property of the FBI and disclosure of such records, if it occurs, shall be pursuant to applicable federal law, with the approval of FBI. If such records are shared outside of the OC STOP TF with state and/or local law enforcement agencies, such records are merely loaned to the non-Federal agency and are subject to retrieval by the FBI at its discretion. In the event that the Anaheim Police Department, Santa Ana Police Department, IIvine Police Department, and/or California Highway Patrol receive a request pursuant to California’s public records statute, Government Code sections 6250-6270, the civil or criminal discovery process, or other judicial, legislative, or administrative process, to disclose Ol STOP TF records, the Anaheim Police Department, Santa Ana PoIIce DepartmentT Irvine Police Department, and/or California Highway Patrol Police Department will immediately notify the FBI of any such request in order to allow suficient time for the FBI to seek to prevent disclosure through appropriate channels, if necessary. 35. No information possessed by the FBI, to include information derived from informal communications between OC STOP TF personnel and FBI employees not assigned to the OC STOP TF, may be disseminated by OC STOP TF personnel to non-O(, STOP TF personnel without the approval of the OC STOP TF Supervisor and in accordance with the applicable laws and internal regulations, procedures, or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise. OC STOP TF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 36. The Parties acknowledge that this MOU may provide OC STOP TF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by OC STOP TF personnel requires a change in pri%w compliance documents, those changes will be accomplished prior to access being granted 37. Each Party that discloses personally identifiable information (PII) is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 38. The FBI is provIding access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 39. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party. and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 6 40. Each Party will immediately report to the other Party each instance in which data receIved from the other Party is used, disclosed, or accessed in an unauthorIzed manner (including any data losses or breaches). 41. Each party agrees to provide, upon request, details regarding the handling and maintenance of data in electronic and paper recordkeeping systems mainbined pursuant to the provisions of this MOU, in order to allow the other party to ensure that appropriate security and privacy protections are in place. Such information shall be provided to the extent allowable by the laws, regulations, and policies governing each party PROSECUTIONS 42. OC STOP TF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 43. A determination will be made on a case-by-case basis whether he prosecution of OC STOP TF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the OC STOP TF. 44. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute an OC STOP TF case at the state or local level, the FBI agrees to provide all relevant Information to state and local authorities in accordance wIth all applicable legal limitations. A InvestIgatIve Methods/Evidence 45. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the Parties agree to conform to federal standards concerning evidence collection. processing, storage, and electronic surveillance. However, in situations where the investigatIon will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 46. In all cases assigned to state, county, or local law enforcement participants, the Parties agree to utilize federal standards pertaining to evidence handling and electronic suIveillance activities as outlined in the DIOG to the greatest extent possible. However, in situatIons where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 47. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in oonnection therewith will be consistent with the policies and procedures of the FBI. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLy B. Undercover OperatIons 7 48. All OC STOP TF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the United States Attorney General’s Guidelines on FBI Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS-THAN-LETHAL-DEVICES1 49. The parent agency of each individual assigned to the OC STOP TF will ensure that while the individual is participating in FBI-led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less lethal devices that the parent agency has issued to the individual, and that the individual has been trained in amordanoe with the agency’s policies and procedures. 50. The parent agency of each individual assigned to the OC STOP TF 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 th DOJ policy statement on the Use of Less-Than-Lethal Devices.2 DEADLY FORCE AND SHOOTING INCIDENT POLICIES 51. OC STOP TF personnel will follow their own agencies’ policies connming firearms discharge and use of deadly force. DEPUTATIONS 52. Local and state law enforoement personnel designated to the OC STOP TF, subject to a limited background inquiry, shall be sworn as federal task force officers by acquiring Title 18 authority (via the United States Marshals) and Title 21 U.S.C. authority (via the 1 Pursuant to SectIon VIII of the DOJ Less-Than-Lethal Devices Policy dated May 16, 2011, all state/local offIcers partIcIpating in joint task force operations must be made aware of and adhere to the policy and ItslimIts on DOJ officers. 2 Loss-lethal - When use of force is requIred, but deadly force may not be appropriate, law enforcement officers may employ less-lethal weapons to gain control of a subJect. Lesnlethal weapons are designed to induoe a subject to submit or comply with directions. These weapons gIve law enforcement officers the ability to protect the safety of officers, subjects, and the public by temporarily incapacttating subjects. While less-lethal weapons are intended to avoid causing any serious harm or injury to a subject, sIgnIfIcant injuries and death can occur from their use. The term “less-than-lethal- is synonymous with -less-lethal,” "non-lethal,- “non-deadly,- and other terms referring to devi08s used in situations covered by the DOJ Policy on the Use of Less-Than Lethal DevIces. "Less-lethal” is the industry standard and the termInology the FBI has elected to utilize in reference to thIs policy. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 8 FBI, to participate in federal drug investigations). The FBI will secure the required deputation authorization(s). These deputation(s) should remain in effect throughout the tenure of each investigator’s assignment to the OC STOP TF or until the termination of the OC STOP TF, whichever comes first. 53. Deputized OC STOP TF personnel will be subject to the rules and regulations pertainin to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. 54. State, local, tribal, and territorial law enforcement oFficers (LEOs) who serve on the OC STOP TF must be federally deputized under Title 18. They must also be deputized under Title 21 to partIcipate in federal drug investigations. The FBI may likewise require federal LEOs who serve on the OC STOP TF to be deputized while assigned to the OC STOP TF. The FBI will secure the required authorization for deputations, as needed. 55. Under the terms of this MOU, the Participating Agency agrees that non-LEOs detailed tI the OC STOP TF will not: (1 ) participate in law enforcement activities; (2) carTy a weapon, either lethal or non-lethal; or (3) participate in the execution of search/arrest warrants. VEHICLES 56. In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official OC STOP TF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Use Policy Guide (1093PG). The assignment of an FBI owned or leased vehicle to participating agency OC STOP TF personnel will require the execution of a separate Vehicle Use Agreement. 57. The particIpating agencies agree that FBI vehicles will not be used to transport passengers unrelated to OC STOP TF business. 58. Neither the FBI nor the United States shall be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by OC STOP TF personnel while engaged in any conduct other than their official duties and assignments pursuant to thei federal deputation on the OC STOP TF. 59. To the extent permitted by applicable law, the participating agencies agree to hold harmless tho FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by OC STOP TF personnel whIch is outside the scope of their official duties and assignments. FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 9 SALARY/OVERTIME COMPENSATION 60. The FBI and each participating agency remain responsible for all personnel costs for their OC STOP TF representatives, including salaries, overtime payments, and fringe benefIts consIstent with their respective agencV, except as described in paragraph 61 below 61. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencIes the cost of overtime worked by non-federal OC STOP TF personnel assigned full-time to OC STOP TF, provided overtime expenses were incurred as a result of OC STOP TF-related duties, and subject to the provisions and limitatIons set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and participating agencies for full-time employee(s) assigned to OC STOP TF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable participating agency overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 62. Property utilized by the OC STOP TF in connection with authorized investigations and/Ol operations and in the custody and control and used at the direction of the OC STOP TF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by OC STOP TF in connection wtth authorized investigations and/or operations and is in the custody and control and used at the direction of OC STOP TF, will be the financial responsibility of the agency supplying said property. FUNDING 63. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basIc statement of the understanding between the Parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES 64. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with OC STOP TF operations. 65. Asset forfeitures will be conducted in accordance with federal law and the IUles and regulations set forth by the FBI and DOJ. Forfeitures attributable to OC STOP TF investIgations may be equitably shared with the agencies participating in the OC STOP TF FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLy 10 DISPUTE RESOLUTION 66. In cases of overlapping jurisdiction. the participating agencies agree to work in concert to achieve the OC STOP TF’s objectives. 67. The participating agencies agree to attempt to resolve any disputes regarding judsdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 68. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agencV guidelines. 69. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO OC STOP TF AND SECURITY CLEARANCES 70. If a participating agen(v candidate for the OC STOP TF will require a security clearance, he or she wIll be contacted by FBI securtty personnel to begin the background investigation process prior to the assigned start date. 71. If, for any reason. the FBI determines that a participating agency candidate is not qualified or eligible to serve on the OC STOP TF, the participating agency will be so advised and a request will be made for another candidate. 72. Upon being selected. each candidate will receive a comprehensive briefing on FBI field offIce security policies and procedures. During the briefing, each candidate will execute non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI 73. Before receiving unescorted access to FBI space identified as an open storage facility, OC STOP TF personnel will be required to obtain and maintain a 'Top Secret" security clearance. OC STOP TF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 74. Upon departure from the OC STOP TF, each individual whose assignment to the OC STOP TF is completed will be given a security debriefing and reminded of the provisions contained in the nondisclosure agreement to which he or she previously agreed. LIABILITY 75. The participating agencies acknowledge that this MOU does not alter the applicable law governIng civil liability, if any. arising from the conduct of personnel assigned to the OC STOP TF FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY 11 76. Each party agrees to notify the other in the event of receipt of a civil claim arising from the conduct of personnel assigned to the OC STOP TF or otherwise relating to the OC STOP TF. Both parties agree to cooperate fully with one another in the event of any investigation arising from alleged negligence or misconduct arising from the OC STOP TF operations. Nothing in this paragraph prevents any party from mnducting an independent adminjstratIve review of any incident giving rise to a claim. In the event that a civil claim or complaint is brought against a state or local officer assigned to the OC STOP TF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 77. COMMON LAW TORT CLAIMS A. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his or her employment, shall be an action against the United States under the Federal Tort Claims Act, 28 U.S.C. S 1346(b), and SS 2671 -2680. Notwithstanding any other provision contained in this MOU, for the limited purpose of defending civil claims arising out of [operational relationship] activity, any employee detailed from a Participating Agency who is acting within the course and scope of his or her offidal duties and assignments pursuant to this MOU may be considered an "employee- of the U.S. government. as defined at 28 U.S.C. S 2671. See 5 U.S.C. S 3374(c)(2). Under the Federal Employee LIability Reform and Tort Compensation Act of 1998 (commonly known as the Westfall Act), see 28 U.S.C. S 2679(b)(1), if an employee of the United States is named as a defendant in a civil action, the Attorney General or his or her designee may certify that the defendant acted wtthin the scope of his or her employment at the time of the incident giving rise to the suit. 28 U.S.C. S 2679(d)(1 )&(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims alleged in the action. 28 U.S.C. S 2679(d)(1 )&(2). Decisions to certify that an employee was acting within the scope of his or her employment at the time of the incident giving rise to the suit, see 28 U.S.C. S 2679(d)(1 )&(2), are made on a case-by case-basis, and such certification cannot be guaranteed. 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 certify that the employee was acting within the scope af his office or employment." 28 U.S. C. S 2679(d)(3).". B C D 78. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. ConstitutIon pursuant to 42 U.S.C. S 1983 or Bivens v. Six Unknown Named Aqonts of the Federal Bureau of Narcotics, 403 U.S. 388 (1971); An individual assigned to the OC STOP TF who is named as a defendant in a civil action as a result of oFin connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual-capacity representation by DOJ to defend against the claims. 28 C.F.R. SS 50.15. 50.16. Any such request for individual€apacity representation must be made in the form of a letter from the individual defendant to the u.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI Los Angeles Division, who will then coordinate the request with the FBI FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLy 12 Office of the General Counsel. In the event of an adverse judgment against the indivIdual, he or she may request indemntfication from DOJ. 28 C.F.R. S 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a casI by-case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any OC STOP TF personnel. 79. LiabIIIty for any conduct by OC STOP TF personnel undertaken outside of the scope of their duties and assignments pursuant to their federal deputation on the OC STOP TF shall not be the responsibility of the FBI or the United States. DURATION 80. The term of this MOU is for the duration of the OC STOP TF’s operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 81. Any particIpating agency may withdraw from the OC STOP TF at any time by written notification to the OC STOP TF Supervisor with designated oversight for investigative and personnel matters or program manager of the OC STOP TF at least 30 days prior t withdrawal. 82. Upon termination of this MOU, all equipment provided to the OC STOP TF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaInIng agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any OC STOP TF participation. MODIFICATIONS 83. This agreement may be modified at any time by written consent of all involved agencies. 84. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. FOR OFFICIAL USE ONLY FoR OFFICIAL USE ONLy 13 SIGNATORIES -:"/= c––b, Special Agent in Charge Federal Bureau of Investigation foB ILvt Chief Anaheim Police Department Date Chief Santa Ana Police Department Date Chief IIvine Police Department Date DateBorder DIvision Chief California Highway Patrol FOR OFFICIAL USE ONLy FOR OFFICIAL USE ONLY 13 SIGNATORIES Special Agent in Charge Federal Bureau of Investigation Chief Anaheim Police Department Chief Santa Ana Police Department Chief Irvine Police Department California Highway Patrol Date Date Date Date Date /./a//++ Border Division Chief Chief Garden Grove Police Department Date FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLy 13 SIGNATORIES SpecIal Agent in Charge Federal Bureau of Investigation Date Chief Anaheim Police Department Date Chief Santa Ana Police Department Date Chief IrvIne Police Department Date Border Division Chief California Highway Patrol Date DTe Garden Grove Police Department FOR OFFICIAL USE ONLY SIgned by: Mdma kIkI cHI g Docu3ign Envelope ID: 96AD3BD8-13234CAA.9077-C781E8D6935A FOR OFFICIAL USE ONLy 13 SIGNATORIES Special Agent in Charge Federal Bureau of Investigation Date Chief Anaheim Police Department Date Chief Santa Ana Police Department Date 10/17/2024 Date Irvine Police Department Border Division Chief California Highway Patrol Date Chief Garden Grove Police Department Date FOR OFFICIAL USE ONLy FOR OFFICIAL USE ONLy 13 SIGNATORIES Special Agent in Charge Federal Bureau of Investigation Date Chief Anaheim Police Department Date Q mI Santa Ana Police Department IO'51.Z+ Date Chief IIvine Police Department Date Border Division Chief California Highway Patrol Date Chief Garden Grove Police Department Date FOR OFFICIAL USE ONLy IN WITNESS WHEREOF. the parties hereto have executed this Agreement the date and yearfirst above written. ATTEST:CITY OF SA / dJ City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Senior Assistant City Attomey • .t I HRORFIaAL USE aMY 13 $IGNATOHE§ I I f le -1 7 'z'al Dae Mf Santa AIn PaBoe Dep©tnalt m m JNfne Pdbe DWatnent K aRiFFtEI::=!;i: X111NpII M ChIef Garden Grove PaIn DMtneM m For Official Use Only FEDERAL BUREAU OF INVESTIGATION IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF ANTA AN aAA IAA'Z • • ER H L :N' LVARO NUNEZ City City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney By: /1 t. TAMARA BOGOSIAN ROBERT RODRIGUEZ Senior Assistant City Attorney Acting Chief of Police