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WHEREAS, the City of Dentan ("City") and the United States Marshals Service
/66USMS") desire to enter into this Agreement ta pravide far a coordinated approach to arrest and
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prosecute persons with active state and federal warrants;
WHEREAS, as the attached USMS Regional Fugitive Task Force — Memarandum af
Agreement ("MOU") provides for the assignment af one or more officers to the Regional Fugitive
Task Force (66task farce"), seven (7) palice officers af the City af Denton Police Department will
be made available far taking assignments and participating in the task force, for purpases of
reducing violent crimes;
WHEREAS, City of Denton Police officers assigned to the task force may be required ta
travel outside of the jurisdiction in furtherance of task force aperation, USMS will provide
reimbursement for travel expenses af assigned of�cers;
WHEREAS, USMS may receive Asset Forfeiture funding from its aperatians; and
pravided it daes, USMS will pravide reimbursement ta the City, subject to availability af such
funds, to provide resources, including but not limited to equipment, travel funds, office space and
supplies, training to offcers assigned to the task force, and other items necessary to suppart the
activities of USMS and its task force; and
WHEREAS, the City of Denton Council finds that this Agreement is in the best interests
far the safety of the citizens af the City of Denton, and that a valid governmental public purpase
would be served by entering into the Agreement; NOW, THEREFORE,
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SECTION 1: The findings and recitations cantained in the preamble of this Ordinance are
incarporated herein by reference.
"�� C�"I�:°�h� "?: The City Manager, or his designee, is hereby authorized to execute an
behalf of the City of Denton the MOU, which is hereby appraved and attached hereta as Exh i bit
66Ay97 made a part hereaf by reference, providing for the assignment af one or more afficers af
City af Denton Police Department ta the United States Marshals Service Regional Fugitive Task
Farce to curtail vialent crime,
SECTION 3m: That this Ordinance shall become effective immediately upon its passage
and approval.
The motion to a rove this Ordinance was made b � r �,,� ���� and seconded
PP Y ...� � �� �...�.........���`���...�����'.. �".....5
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by �7 F71,a?� __����� ���� ; this Ordinance was passed and approved by the
following vote � - �] :
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay
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✓
V
✓
✓
✓
Abstain Absent
PASSED AND APPROVED this the l��t!'L day of QGf1� � , 2019.
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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and the United States Marshals Service (USMS} pursuant to 28 U.S.C. § 566(e)(1)(B). As set forth in the Presidential Threat
Protection Act of 2000 and directed by the Attorney General, the USMS has been granted authority to direct and coordinate
permanent Regional Fug►tive Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of
locating and apprehending fugitives. The authority of the USMS to investigate fugitive matters as directed by the Attorney General is
set forth in 28 USC § 566. The Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC § 561(g}
and 28 CFR 0.111. The authority of United States Marshals and Deputy U.S. Marshals, '°in executing the laws of the United States
within a State ...[to] exercise the same powers which a sheriff of the State may exercise in executing the laws thereof° is set forth in
28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2& 15.
(See also) '°Memorandum far Howard M. Shapiro, General Counsel, Federal Bureau of Investigation" cancerning the °'Authority to
Pursue Non-Federal Fugitives", issued by the U.S. Department af Justice, Office of Legal Counsel, dated February 21, 1995. (See
also) Memorandum concerning the Authority to Pursue Non-Federal Fugitives, issued by the USMS Office of General Counsel, dated
May, 1, 1995. (See also) 42 U.S.C. § 16941(a)(the Attorney General shall use the resources of federal law enforcement, including the
United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender
registration requirements).
MISSION:
The primary mission of the task force is to investigate and arrest, as part of joint law enforcement operations, persans who have
active state and federal warrants for their arrest. The intent of the joint effort is to investigate and apprehend local, state and federal
fugitives, thereby improving public safety and reducing violent crime.
Each participating agency agrees to refer cases for investigation hy the RFTF (Regional Fugitive Task Force). Cases will be adapted
by the RFTF at the discretion of the RFTF Chief Inspector. Targeted crimes will primarily include violent crimes against persons,
weapons offenses, felony drug offenses, failure to regsster as a sex offender, and crimes committed by subjects who have a
criminal history involving violent crimes, felony drug offenses, and/or weapons offenses. Upon receipt of a wr�tten request, the TF
may also assist non-participating law enforcement agencies in investigating, locating and arresting their fugitives. Task force
personnel will be assigned federal, state, and local fugitive cases for investigation. Investigative teams will consist of personnel from
different agencies whenever possible. Participating agencies retain responsibility for the cases they refer to the RFTF.
Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the Natianal Crime
Information Center (NCIC) by the USMS ar originating agency, as appropriate. State or local fugitive cases will be entered into
NCIC (and other applicable state or local lookout systems} as appropr►ate by the concerned state or local agency.
SUPERVISION:
The RFTP will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies.
Agency personnel must be approved by the RFTF Chief Inspectar prior to assignment to the RFTF. Agency personnel may be
removed at any time at the discretion of the RFTF Chief Inspector.
Direction and coordination of the RFTF shall be the responsibility of the USMS RFTF Chief Inspector. Administrative matters which
are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains
responsibility for the conduct of its personnel.
A Task Force Advisory Committee, consisting of representatives of participating agencies and USMS RFTF personnel, may be
established at the discretion of the RFTF Chief Inspector and will meet and confer as necessary to review and address issues
concerning operational matters within the TF.
Page 1 of 3
PERSONNEL:
In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task force are reyuired to undergo
background investigations in order to be provided unescorted access to USMS offices, records, and computer systems. The USMS
shall bear the costs associated with those investigations. Non-USMS law enforcement officers assigned to the task force will be
deputized as Special Deputy U.S. Marshals.
Task force personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance af task
force operations. State ar local task force officers traveling on official business at the direction of the USMS shall be reimbursed
directly by the USMS for their travel expenses in accordance with applicable federal laws, rules, and
regulations.
REI BURSEMENT:
If the Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred by state and local investigators who provide
full time support to USMS RFTF joint law enforcement task forces; or 2) travel, training, purchase or lease of police vehicles, fuel,
supplies or equipment for state and local investigators in direct support of state and local investigators, the USMS shall, pending
availability of funds, reimburse your organization for expenses incurred, depending on which category of funding is provided.
Reimhursement of overtime work shall be consistent with the Fair Labor Standards Act. Annual overtime for each state or local law
enforcement officer is capped at the equivalent of 25% of a GS-1811-12, Step 1, of the general pay scale for the RUS.
Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a praper
request for reimhursement which shall be submitted quarterly on a fiscal year basis, and which provides the names of the
investigators wha incurred overtime for the RF'I'F during the quarter; the number of overtime hours incurred, the hourly regular and
overtime rates in effect for each investigator, and the tatal quarterly cost.
The request for reimbursement must be submitted to the RFTF Chief Inspector, who will review the request for reimbursement, stamp
and sign indicating that services were received and that the request for reimbursement is approved for payment. Supporting
documentation must accompany requests for reimbursement for equipment, supplies, training, fuel, and vehicle leases.
VEHICLES:
Pending the availability af Asset Forfeiture funding, the USMS may acquire vehicles to be utilized by state and local investigators
assigned to the RFTF. Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of
RFTF operations. The vehicles must be available for exclusive use of the task force officers assigned to the RFTF hy the undersigned
participant agency for the duration of the agency's participation on the task force. If the agency is no longer a participating member of
the RFTF, any vehicle provided to task force officers from the agency must be returned to the USMS. Operators of USMS pravided
vehicles must adhere to USMS policy regarding the use af government owned vehicles. Any vialation of the USMS vehicle policy
may result in the vehicle being repossessed by the USMS and the operator and/or agency forfeiting the opportunity to utilize a USMS
provided vehicle in the future. Vehicles pravided to state and local invest►gators may be subject to additianal regulations or
restrictions pursuant to USMS lease agreements. Replacement ar removal of any vehicle provided by the USMS will be at the
discretion of the USMS and/or subject to lease agreement terms.
E UIP ENT:
Pending the availability of Asset Forfeiture funding, the USMS may purchase equipment for state and local investigators assigned to
the RFTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of RFTF operations.
The eyuipment must be available far exclusive use of the task force officers assigned to the RFTF by the undersigned participant
agency for the duration of the agency's participation on the task farce. If the agency is no longer a participating member of the TF,
any equipment purchased with Asset Forfeiture and provided to task force offcers from the agency may be retained by the agency.
Equipment provided by the USMS that is not purchased using Asset Forfeiture funding remains the property of the USMS and will be
issued to state and local investigators for exclusive use in support of the TF. If the investigator or agency is no longer a
participating member of the RFTF, any equipment issued that was not purchased with Asset Forfeiture funding will be returned to the
USMS.
RECO DS AND REPO TS:
Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the VOTF shall be
retained by the agency in the VOTF responsible for the case. However, evidence may be turned over to other law enforcement
agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with
applicable laws, rules, and regulations. Task force statistics will he maintained in the USMS Justice Detainee Information System
(JDIS) - Warrant Information Network (WIN). Statistics will be made available ta any participating agency upon request.
Page 2 of 3
INFORMANTS:
Pending the availsbility of funds, the USMS may provide funding for the payment of informants. However, all payments of
informants utilizing USMS funding shall comply with USMS policy.
USE OF FORCE:
All members of the RFTF will comply with their agencies' guidelines concerning the use of firearms, deadly force, and less-than
lethal devices, to include completing all necessary training and certification requirements. All members of the RFTF and their parent
agencies will read and adhere to the DOJ Policy Statement on the Use of Less-Than-Lethal Devices, dated May 16, 2011. Copies of
all applicable fireamts, deadly force, and less-than-lethal policies shall be provided to the District Chief Deputy and each concerned
task force officer, In the event of a shooting involving task force personnel, the incident will be investigated by the appropriate
agency(s). Additionally, in the event of a shooting, the required reporting for the FBI National Use of Force Data Collection should
be accomplished by the involved task force personnel's employing agency when the TFO is inside their primary/physical jurisdiction
and by the USMS when the TFO is outside their employing agency's primary/physical jurisdiction, If the employing agency wishes to
submit such NUOFDC entries regardless of the physical location of the event, that is allowed under this MOU with prior written
notice to the USMS.
NEWS MEDIA: �
Media inquires will be referred to the District Chief Deputy. A press relesse may be issued and press conference held, upon
agreement and through coordination with participant agencies' representatives. All press releases will exclusively make reference to
the task force.
RELEASE OF LIABILITY:
Each agency shall be responsible for the acts or omissions of its employees. Participating agencies or their employees shall not be
considered as the agents of any other participating agency. Nothing herein waives or limits sovereign immunity under federal or state
statutory or constitutional law.
EFFECTIVE DATE AND TERMINATION:
This MOU is in effect once signed by a law enforcement participant agency. Participating agencies may withdraw their participation
after providing 30 days advanced written notice to the District Chief Depury U.S. Marshal.
RFTF:
United States Marshal or RFTF Commander:
Print Name:
ParticipAnt Agency:
Name: City of Denton Police Department
LocAtlon (City and Sa�e): Denton, TX
Participant Agency Representative:
Print Name and Title:
Todd h i��u�+tra �m�y, �`��d
Slgnature:
Assistant Director, Investigative Operations Division:
Print Name:
Signature:
`�' ����"�^ ^ S TO FORM:
CI'1'Y ATiORNEY
CITY � � p �k hw� �������d, TEXAS � �
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ATTEST:
CITY SECRETARY
CITY OF I��:��?�"w�t�C�w .�"
BY: ���,��..
Page 3 of 3
Phone:
Dete: