HomeMy WebLinkAboutUNITED STATES MARSHALS SERVICE FUGITIVE TASK FORCE (2) INSURANCE N07 REQUIRED Return FULLLY EXECUTED N 2023-338-Q1
WORK MAY PROCEED COPY to COTC, M-30
CITY CLERK
DATEOAR 0 8 2024
0%P0(I.) to Fugitive Task Force Marnnrandlum nf Tindamulag
(t1"01fs§RAW%)W RE., j3k)&_-3joM Camera Lbe bX Task Fn
This Addendum supplements the current Memorandum of Understanding(MOU)
between the United States Marshals Service(USMS)and the
Santa Ana Police Department
(Hereinafter referred to as "Partner Agency"or "TFO parent agency'
Pursuant to the"U.S.Marshals—Body Worn Camera Interim Policy,"dated May 17,
2022,and any successor USMS Body Worn Camera Policy Directive(hereinafter referred to as
"USMS Policy"),the above-named Partner Agency has advised the USMS that it will require its
Specially Deputized Task Force Officers(TFO)assigned to the USMS Task Force to use body
wom cameras(BWCs).This Addendum governs that use.
The parties hereby agree to the following:
I. The Partner Agency and their TFOs will be advised of and adhere to the USMS
Policy,USMS's Standard Operating Procedures for Body-Worn Camera Program
for Task Force Officers,and other applicable federal and USMS policies,
procedures,regulations,and laws.
11. The Partner Agency confirms that within thirty(30)days of execution of this
agreement, it will complete the Partner Agency B WC Checklist and provide to the
USMS details regarding the BWC system and cameras, including the details of any
system protections,and any state or local policies or laws applicable to the TFOs' use
of BWCs,including any retention policies,and training and access procedures.
1I1. TF09 will follow the provisions set forth in this agreement for use of BWCs. Absent
an express conflict with state law or partner agency policy, the provisions in this
agreement control TFO use of parent-agency issued BWCs on USMS task force
operations.
IV. Use of BWCs During USMS Task Force Operations:
A. TFOs may use only Partner Agency-issued and Partner Agency-owned BWCs.
B. TFOs will be allowed to wear and activate their BWCs for the purposes of
recording their actions during USMS Task Force operations only during:
1. A planned attempt to serve an arrest warrantor other planned arrest;or,
2. The execution of a search warrant.
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LAW ENFORCEMENT SENSITIVE/NOT FOR PUBLIC DISSEMINATION upd&W 0910112023
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE:MAR 0 8 2024
Return FULLLY EXECUTED
COPY to COTC, M-30
N-2023-338-01
0% FD cl.) _Addendum to Fugitive Task Force Memorandum of Understanding
(md✓S°w��� RE: Bodv-Worn Camera Use by Task Force Officers JO
This Addendum supplements the current Memorandum of Understanding (MOU)
between the United States Marshals Service (USMS) and the
Santa Ana Police Department
(Hereinafter referred to as "Partner Agency " or "TFO parent agency')
Pursuant to the "U.S. Marshals — Body Worn Camera Interim Policy," dated May 17,
2022, and any successor USMS Body Worn Camera Policy Directive (hereinafter referred to as
"USMS Policy"), the above -named Partner Agency has advised the USMS that it will require its
Specially Deputized Task Force Officers (TFO) assigned to the USMS Task Force to use body
worn cameras (BWCs). This Addendum governs that use.
T-he parties-l�ergb3Lagree t-0-tile f-0IlOwang:
The Partner Agency and their TFOs will be advised of and adhere to the USMS
Policy, USMS's Standard Operating Procedures for Body -Worn Camera Program
for Task Force Officers, and other applicable federal and USMS policies,
procedures, regulations, and laws.
U. The Partner Agency confirms that within thirty (30) days of execution of this
agreement, it will complete the Partner Agency BWC Checklist and provide to the
USMS details regarding the BWC system and cameras, including the details of any
system protections, and any state or local policies or laws applicable to the TFOs' use
of BWCs, including any retention policies, and training and access procedures.
III. TFOs will follow the provisions set forth in this agreement for use of BWCs. Absent
an express conflict with state law or partner agency policy, the provisions in this
agreement control TFO use of parent -agency issued BWCs on USMS task force
operations.
IV. Use of BWCs During USMS Task Force Operations:
A. TFOs may use only Partner Agency -issued and Partner Agency -owned BWCs.
B. TFOs will be allowed to wear and activate their BWCs for the purposes of
recording their actions during USMS Task Force operations only during:
1. A planned attempt to serve an arrest warrantor other planned arrest; or,
2. The execution of a search warrant.
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LAW ENFORCEMENT SENSITIVE /NOT FOR PUBLIC DISSEMINATION
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a. For the execution of a search warrant, BWCs should not be used for
searches of property lawfully in government custody or control, or a
search to obtain digital or electronic records executed by a third party,
such as an electronic service provider or custodian of electronic records.
C. TFOs are authorized to activate their BWCs upon approaching a subject or
premises and must deactivate their BWCs when the scene is secured as
determined by the USMS Task Force Supervisor or Team Leader on the scene.
1. For purposes of this agreement, the term "secured" means the scene is safe
and under law enforcement control.
2. In the event circumstances arise requiring additional law enforcement
assistance to secure the scene, the TFO will end BWC recording when
relieved from the scene by another law enforcement officer.
D. Unless parentagencyBWC policy and/or state law conflicts, TFOs are authorized
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anywhere they are authorized to operate under the scope of their USMS TFO
deputation (to include on enforcement actions crossing jurisdictional boundaries).
Where parent agency BWC policy and/or state law conflicts with the USMS
activation and deactivation parameters, TFO's will follow the provisions in
Appendix A that identify how to properly mark sections of a recording to ensure
that the USMS task force operation captured on footage is easily identifiable. This
will prevent the ingestion of non -task force related footage into the USMS video
retention solution and allow USMS to promptly respond to requests for BWC
footage.
E. In the event a TFOs' BWC is not working or is inoperable due to a technical
problem or cannot be used due to physical damage, the TFO may participate in
the operation without using a BWC if that continued participation is consistent
with the Partner Agency policy.
Even when BWC use would be permissible in the circumstances set forth in
Section IV, subsection B, above, TFOs are prohibited from recording:
1. Undercover or covert personnel and locations;
2. Confidential informants or confidential sources;
3. On -scene witness interviews prior to or after the operation; or
4. Actions by any non -law enforcement persons at the scene who are
assisting law enforcement personnel prior to or after the operation.
G. Even when BWC use would be permissible in the circumstances set forth
above in Section IV, subsection B, TFOs are prohibited from activating their
BWC if, as determined by the USMS, the TFO is:
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1. Using specialized or sensitive investigative techniques;
2. Operating as part of a highly specialized or sensitive operation or group;
3. Operating in a sensitive area; or
4. Working in an undercover or covert status on behalf of the USMS Task Force
or the USMS itself
H. Even when BWC use would be permissible in the circumstances set forth above
in Section IV, subsection B, subject to the discretion of the USMS, TFOs
generally shall not use B WCs to record any activities related to investigations
involving:
1. Public Corruption;
2. Medical Facilities;
3. National Security (including international and domestic terrorism
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4. Other sensitive investigations as determined by the USMS.
V. Partner Agency internal Controls:
A. For purposes of this agreement, the term "TFO BWC recordings" refers to audio
and video recording(s), and associated metadata, from TFO BWCs made while
the TFO is working under federal authority, including when executing state and
local warrants adopted by the USMS.
B. The Partner Agency will provide and maintain central points -of -contact (POC),
at a minimum two POCs, a primary and secondary, for the USMS on BWC
matters. The Partner Agency will notify the USMS of any change to the POCs.
C. The Partner Agency will notify the USMS of any change in state or local
law or policy that will modify how TFOs must use B WCs and handle
recordings.
D. The Partner Agency will notify the USMS prior to making any change in
agency policy that will affect the MOU Addendum or the storage, transfer, or
redaction of TFO BWC recordings.
E. The Partner Agency will provide specifications to USMS personnel onthe
BWC capabilities and operation.
F. If applicable, the Partner Agency will restrict access to any TFO BWC GPS
and/or livestream capability as required by the USMS.
VI. Handling of TFO BWC Recordings Made During USMS Task Force Operations:
A. After a Task Force Operation, the TFO will upload any BWC footage into the
Partner Agency's video retention system (VRS) and share a copy of that footage
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with the USMS. All copies of TFO BWC recordings made during federal Task
Force Operations and shared with the USMS via the USMS VRS shall be deemed
federal records of the DOJ/USMS pursuant to the Presidential and Federal
Records Act Amendments of 2014 (Pub. L. No. 113-187, enacted November 26,
2014), and subject to federal disclosure rules and regulations, including the
Freedom of Information Act (FOIA, 5 U.S.C. § 552) and Privacy Act of 1974.
The original footage that remains in the custody of the Partner Agency shall not
be disseminated by the TFO or TFO Partner Agency without advance written
notification to the USMS of the intention to do so as soon as practicable
B. The Partner Agency will provide full, unredacted, duplicate copies of TFO BWC
recordings to the USMS for all activations that record data of USMS Task
Force- related Operations. The existence of TFO BWC recordings relating to a
USMS Task Force Operation must be recorded in the USMS authorized record
system. Additionally, an unredacted copy of any recording to be released by the
TFO Partner Agency shall be provided to the USMS prior to said release.
The Partner Agency is authorized to use the original TFO BWC recordings for
internal review of its personnel consistent with the Partner Agency's policies and
procedures but may not disseminate the BWC recording outside the Partner
Agency or publicly release the footage without advance written notification to the
USMS. The Partner Agency's original TFO BWC recording is subject to the
relevant state open records laws and state retention requirements.
D. The Partner Agency will notify the USMS immediately of any unauthorized
access to TFO BWC recordings discovered by the Partner Agency. The Partner
Agency will cooperate fully with the USMS in the investigation of any
unauthorized access to or disclosure of TFO BWC recordings, including
providing the USMS with the name(s) of any Partner Agency personnel
determined by the Partner Agency to be involved in unauthorized access,
copying, or disclosure.
E. In all circumstances, TFO BWC recordings shall be treated as taw enforcement
sensitive information. The premature disclosure of these recordings could
reasonably be expected to interfere with enforcement proceedings. TFO BWC
recordings may be potential evidence in a federal investigation subject to
applicable federal laws, rules, and policy concerning disclosure or dissemination
and therefore are deemed privileged, absent appropriate redaction prior to
disclosure or dissemination. Further, BWC recordings may be entirely exempt
from public release or other disclosure or dissemination under applicable federal
and state laws, rules, and policy.
F. If a TFO BWC recording involves a "reportable incident," as defined below, or
involves another time -sensitive or urgent situation, the Partner Agency will provide
the USMS access to copies on an expedited basis, including during non -business
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hours.
For purposes of this provision, "reportable incident" means:
a. shooting incident;
b. any incident which involves serious bodily injury, death, or where any
enforcement action by USMS personnel resulted in the use of force or
deadly force;
c. physical assault or attempted physical assault on a Law Enforcement
Officer; and
d. intentional damage to any facility, conveyance, or other property
owned by USMS.
G. The Partner Agency will provide witnesses, as needed, to authenticate
TFO recordings in litigation.
H. e Partner Agency will inform the USMS of the length of time TFO
BWC recordings will be retained by the Partner Agency before deletion.
The Partner Agency will notify the USMS in writing as soon as possible
regarding any request or demand for release or disclosure of TFO BWC
recordings. In all circumstances, TFO BWC recordings may only be
disseminated in accordance with the requirements contained within this MOU
addendum.
J. Expedited Public Release: If TFO BWC recording(s) depict conduct committed
solely by a TFO resulting in serious bodily injury or death of another, the TFOs'
Partner Agency shall notify the USMS as early as possible if it desires to publicly
release the recording(s). Following the notification, the TFO's Partner Agency
may immediately release the recording(s) with any redactions as appropriate,
giving as much advance notice as possible to the USMS as to the time and manner
of its release. The USMS will expeditiously review the recording(s) as soon as
practical.
I. The notification to the USMS shall be made to the local United States
Marshal or the Regional Fugitive Task Force (RFTF) Commander which
supervises the Task Force on which the TFO serves. Additionally, those
personnel will notify the Assistant Director (AD) of the USMS
Investigative Operations Division (IOD). The local U.S. Marshal and/or
RFTF Commander and AD, IOD will provide further notifications within
the USMS as appropriate.
K. An USMS enforcement action or incident may require additional support
from law enforcement officers with the Partner Agency. In the event those
assisting law enforcement officers have B WCs, any captured video from
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those cameras will be made available by the Partner Agency to the USMS
upon request.
VIl. The USMS will ensure that all USMS Task Force partner agencies are informed of
which other partner agencies, if any, mandate B WC use by their respective TFOs and
are authorized to have their TFOs wear BWCs on the USMS Task Force.
VHI. If the Partner Agency fails to comply with any part of this Addendum, the
relationship established under the Task Force Memorandum of Understanding may
be immediately terminated.
"Digital signatures are preferred*
Note: Signed Addendum MUST be submitted to the Investigative Operations Division with other
required documentation to obtain authorization for participation in the TFO BWC Program pflior
to TFOs deploying with BWCs on USMS operations. The executed Addendum should be retained
locally with the executed USMS Fugitive Task Force MOU.
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PARTNER AGENCY:
Name: Santa Ana Police Department Phone:
Location (City and State): Santa Ana, CA
PARTNER AGENCY REPRESENTATIVE:
Print Name and Title: See attached signature page
Signature: See attached signature page Date:
ADDITIONAL SIGNATURE (Other External Representative- Optional)
Print Name and Title:
Signature: Date:
ADDITIONAL SIGNATURE (Other External Representative — Optional)
Print Name and Title:
Signature: Date:
ADDITIONAL SIGNATURE (Other External Representative -Optional)
Print Name and Title:
Signature: Date:
UNITED STATES MARSHAL:
Print Name and Title: David Singer
District: PSWRFTF
Signature: Date:
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LAW ENFORCEMENT SENSITIVE / NOT FOR PUBLIC DISSEMINATION
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
TA)NIA BOGOSIAN
Senior Assistant City Attorney
CITY OF SANTA ANA
HOMAS R. TCH
Interim City Manager
RECOMMENDED FOR APPROVAL:
ROBERT RODRIGUI
Acting Chief of Police
U.S. MARSHALS
Body Worn Camera Program
TFO BWC MOU ADDENDUM
Appendix A
The following is controlling guidance for situations that may affect a Task Force partner agency regarding the
TFO (Task Force Officer) BWC (Body Worn Camera) MOU (Memorandum of Understanding) Addendum.
This guidance is issued by the United States Marshals Service (USMS) Body Worn Camera Program (BWCP)
and USMS Office of General Counsel (OGC):
Review Boards/Other Public Dissemination: If an agency is under a consent decree or otherwise
required by statute, law, or agreement to disclose BWC footage to a review board, that entity and
their access to the agency BWC and the qualifying events or incidents that are the subject of the
agreement will be described in a letterhead memo that the USMS will keep in the BWC MOU
tracking system. The memo should include the timeline for that board to receive the footage, if their
access to an agency BWC Video Retention System is direct or indirect, and whether the review
board has independent/unilateral public disclosure authority. This information will assist the USMS
OGC in determining what timeline they may be under to perform agency review if a qualifying
incident occurs where TFO and/or USMS BWC footage has been recorded.
State Law/Agency Policies: If state law or qualifying agency policy requires recording outside
the parameters of USMS TFO BWC MOU Addendum, the agency will provide that information
and a copy of the policy to the USMS BWCP. Any recording of events outside of the TFO
enforcement action (i.e., medical facilities, prisoner transport) should be separated if possible. This
separation can be achieved by deactivating the recording of the TFO BWC prior to re -activation of
recording upon the start of a USMS enforcement action, and/or deactivating the recording of the TFO
BWC when a scene is concluded and secure. The TFO can then reactivate recording when the officer
is operating under their agency policy alone for a non-TFO agency responsibility. When separate
recording(s) are possible, the USMS will receive only the enforcement BWC recording. If
deactivation and reactivation of recording are not feasible or are not permitted by state law or
parent agency policy, the entire recording will be shared with USMS with the understanding that
USMS will, if necessary, redact the entire portion of any recording that shows the TFO
performing an agency duty where they are not operating under the USMS Task Force (TF) MOU
parameters for enforcement actions. If a partner agency TFO BWC has the technical capability to
apply a marker during a recording, the TFO will apply the marker at the beginning and end of the
enforcement action, if feasible. The TFO or designated group within the partner agency is
responsible for sharing and uploading of their BWC recordings into the USMS Video Retention
System (VRS).
Short term operations: Any partner TF agency not covered by an existing executed USMS TFO
BWC MOU Addendum and any non -partner state, local, federal, or tribal agency are authorized to
utilize their BWC during a USMS short tern operation or USMS led national initiative after
agreeing to share any BWC footage obtained during the operation with the USMS upon request.
Any BWC footage of a critical incident such as an Officer Involved Shooting or other use of force
leading to death will be shared as soon as possible after the incident. Other footage will only be
requested if the USMS has a mission -related requirement that can only be supported by receipt of
the BWC recording from the BWC agency. Short term operations are defined for the purpose of
this Appendix as USMS Enforcement related operations where a Special Deputization is issued or
mass Special Deputizations are performed. These include, but are not limited to, Operation
Washout, Operation Triple Beam, USMS National Initiatives for Enforcement, and any DOJ
directed initiative that is enforcement -oriented and led by the USMS.
Rev. 11/10/22
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Thai Viet Phan
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
CITY OF SANTA ANA
POLICE DEPARTMENT
60 Civic Center Plaza • P.O. Box 1981
Santa Ana, California 92702
www.santa-ana.orc/PD
INTERIM CITY MANAGER
Thomas R. Hatch
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
Attachment A
to Addendum to Fugitive Task Force Memorandum of Understanding RE: Bodv-Worn
Camera Use by Task Force Officers
In connection with the Addendum to Fugitive Task Force Memorandum of Understanding RE:
Body -Worn Camera Use by Task Force Officers ("Agreement'), an agreement with the United
States Marshals Service ("USMS"), the City of Santa Ana and USMS agree to add additional
anglrag nt to read -as faHows.
"I. The Partner Agency will notify the USMS in writing as soon as possible
regarding any request or demand for release or disclosure of TFO BWC
recordings. In all circumstances, TFO BWC recordings may only be
disseminated in accordance with the requirements contained within this
MOU addendum, or as required by court order or the law."
All other terms and conditions of said Agreement remain unchanged and in full force and effect.
[Signatures on following page]
SANTA ANA CITY COUNCIL
Valerie Amezma
Thai Viet Phan
Benjamin Vazquez
Jessie Lopez Phil Bacena
Mayor
Mayor Pro Tom, WaN 1
Ward 2
Ward 3 Wend 4
wa(losarn one om
lohanasunta-ana am
byaroquezoitearin,ano,omsielooeffilsanlaane
om phacenaRysanlaana om
Johnathen Ryan Hernandez David Penaloza
Word Wand
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
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TAMARA BOGOSIAN
Senior Assistant City Attorney
UNITED STATES MARSHALL
SERVICE
DAVID SINGER
CITY OF SANTA ANA
OMAS R. HA CH
Interim City Manager
FOR APPROVAL:
r. h
ROBERT RODRIGUEZ
Acting Chief of Police
SANTA ANA CITY COUNCIL
Valerie Arn.u.. Thai Viet Phan Benjamin Vaxauez Jessie Lopez Phil Bacenna Johnaihan Ryan Hemandex David Penalo
Mayo. Mayor Pm Than, Ward 1 Wind Wahl Ward Wartl5 Ward
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
Y
J IF A AMAsRA H
le rk Interim City Manager
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA R.CARVALHO
City Attorney
TA RA BOGOSIAN ROBERT RODRIGUEZ
Senior Assistant City Attorney Acting Chief of Police
UNITED STATES MARSHALL
SERVICE
DAVID SINGER
13ANTA ANA CITY COUNCIL
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