FEDERAL BUREAU OF INVESTIGATION-CORRECTIONAL INTELLIGENCE TASK FORCE

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iii. If a CITF officer is named as a defendant in his or her individual capacity in a civil action alleging constitutional or statutory violations as a result of conduct taken within the scope of [operational relationship] -related duties, the officer may request representation by DOJ. 28 C.F.R. §§ %15, 50.16. iv. 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 or her designee, determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. § 50.15(a). v. A CITF member'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 CITF. The CDC will forward the representation request to the FBI's Office of the General Counsel (OGC), together with a letterhead memorandum concerning the factual basis of the lawsuit. FBI's OGC will then forward the request to the Civil Division of DOJ, together with an agency recommendation concerning scope of employment and DOJ representation. 28 C.F.R. § 50.15(a)(3). vi. If a CITF member is found to be liable for a constitutional tort, he or she may request indemnification from DOJ to satisfy an adverse judgment rendered against the employee in his or 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). vii. Determinations concerning legal representation and indemnification by the United States are discretionary and are made by DOJ on a case -by -case basis. The FBI cannot guarantee that the United States will provide legal representation, legal defense, or indemnification to any federal or state employee detailed to the CITF, and nothing in this MOU shall be deemed to create any legal right on the part of any CITF personnel. 29, 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 or 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. DURATION 30. The MOU will remain in effect until terminated as specified herein. Continuation of this MOU shall be subject to the availability of necessary funding. This MOU may be modified at any time by written consent of authorized representatives of both Parties. 31, This MOU may be terminated at any time by either Party by providing a 60-day written notice of its intent to withdraw to the other Party's designed CITF POC. Information shared pursuant to this MOU does not have to be returned to the supplying Party, but FOR OFFICIAL USG ONLY This doeunxnt is the Properly of the FBI and the City. Neither it nor its contents may be released widunl uuthod/lation by tiro FBI and the City.