21-2390ORDINANCE NO. 21 -2390
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
CONTINUE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES
MARSHALS SERVICE, (USMS) FOR THE PARTICIPATION OF THE DENTON POLICE
DEPARTMENT IN THE REGIONAL FUGITIVE TASK FORCE FOR THE PURJ>OSE OF
LOCATING AND APPREHENDING FUGITIVES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton ("City") and the United States Marshals Service
("USMS") desire to enter into this Agreement to provide for a coordinated approach to arrest and
prosecute persons with active state and federal warrants;
WHEREAS, as the attached USMS Regional Fugitive Task Force -Memorandum of
Agreement ("MOU") provides for the assignment of one or more officers to the Regional Fugitive
Task Force ("task force"), police officers of the City of Denton Police Department will be made
available for taking assignments and participating in the task force, for purposes of reducing
violent crimes;
WHEREAS, City of Denton Police officers assigned to the task force may be required to
travel outside of the jurisdiction in furtherance of task force operation, USMS will provide
reimbursement for travel expenses of assigned officers;
WHEREAS, USMS may receive Asset Forfeiture funding from its operations; and
provided it does, USMS will provide reimbursement to the City, subject to availability of such
funds, to provide resources, including but not limited to equipment, travel funds, office space and
supplies, training to officers assigned to the task force, and other items necessary to support the
activities ofUSMS and its task force; and
WHEREAS, the City of Denton Council finds that this Agreement is in the best interests
for the safety of the citizens of the City of Denton, and that a valid governmental public purpose
would be served by entering into the Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: The City Manager, or designee, is hereby authorized to execute on behalf
of the City of Denton the MOU, which is hereby approved and attached hereto as Exhibit "A,"
made a part hereof by reference, providing for the assignment of one or more officers of City of
Denton Police Department to the United States Marshals Service Regional Fugitive Task Force to
curtail violent crime.
SECTION 3: That this Ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this Ordinance was made by V,-e, c,...,[\ ~.ec.,le__ and seconded
by :::res~e_.. VC\.,\J ~ 5 ; this Ordinance was passed and approved by the
following vote lJ_ -0 ):
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ✓
Vicki Byrd, District 1: _£_
Brian Beck, District 2: ~
Jesse Davis, District 3: ,/
Alison Maguire District 4: ✓
Deb Armintor, At Large Place S: ✓
Paul Meltzer, At Large Place 6: /
PASSEDANDAPPROVEDthisthe 7 ~ dayof'\)ec erobe( , 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: ehn ~
APPROVED AS TO LEGAL FORM:
MACK REINW AND, CITY ATTORNEY
Exhibit A
United States Marshals Service
Fugitive Task Farce
Memorandum of Understanding
Rev_ 0112021
PARTIES AND AUTHORITY:
This Memorandum of Understanding (MOU) is entered into by the
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 Fugitive Task
Forces consisting of Federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives. The authority
ofthe 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 ofthe 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 for Howard M. Shapiro, General Counsel, Federal Bureau of
Investigation" concerning the "Authority to Pursue Non -Federal Fugitives", issued by the U.S. Department of Justice (DOJ), Office ofLegal
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 assistjurisdictions 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 ofjoint law enforcement operations, persons who have
active warrants for their arrest. The intent of the joint effort is to investigate and apprehend local, state, tribal, territorial, and federal fugitives,
thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for which they hold the primary
warrant for the subject to the RFTFF' (Regional Fugitive Task Force) or VOTF (Violent Offender Task Force) for adoption and investigation.
Cases will be adopted by the RFTFIVOTF at the discretion ofthe RFTFNOTF Chief Inspector/Chief Deputy. Targeted crimes will primarily
include violent crimes against persons, weapons offenses, felony drug offenses, failure to register 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 written
request, the RF7 NOTF may also assist non -participating law enforcement agencies in investigating, locating and arresting their fugitives.
Task force personnel will be assigned federal and adopted 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/VOTF. Federal fugitive
cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center
NCIC) by the USMS or originating agency, as appropriate. State, local, tribal, or territorial fugitive cases will be entered into NCIC (and other
applicable state or local lookout systems) as appropriate by the concerned agency.
SUPERVISION: The RFTFNOTF may consist of law enforcement and administrative personnel from federal, state, local, tribal, and
territorial Iaw enforcement agencies. Agency personnel must be approved by the RFTFNOTF Chief Inspector/Chief Deputy prior to
assignment to the RFTFNOTF. Agency personnel may be removed at any time at the discretion of the RFTFNOTF Chief Inspector/Chief
Deputy, Direction and coordination of the RFTFNOTF shall be the responsibility ofthe USMS RFTFNOTF Chief InspectorlChief Deputy.
Administrative matters which are internal to the participating agencies remain the responsibility ofthe respective agencies. Furthermore, each
agency retains responsibility for the conduct ofits personnel. A Task Force Advisory Committee, consisting of representatives of participating
agencies and USMS RFTFNOTF personnel, may be established at the discretion of the RFTFNOTF Chief Inspector/Chief Deputy and will
meet and confer as necessary to review and address issues concerning operational matters within the RFTFNOTF.
PERSONNEL: In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task force are required 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 ofthe jurisdiction to which they are normally assigned in
furtherance of task force operations. State, local, tribal, or territorial task force officers (TFOs) traveling on official business at the direction of
the USMS shall be reimbursed directly by the USMS for their authorized travel expenses in accordance with applicable USMS policy, federal
laws, rules, and regulations.
REIMBURSEMENT: Ifthe Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred by state, local, tribal, or
territorial investigators who provide full time support to USMS RFTFNOTF joint law enforcement task forces; or 2) travel, training, purchase
or lease of police vehicles, fuel, supplies or equipment for state, local, tribal, or territorial investigators in direct support of state, local, tribal or
territorial investigators, the USMS shall, pending availability of funds, reimburse your organization for expenses incurred, depending on which
Page i of 3 Rev. 0112021
category offunding is provided. Reimbursement ofovertime work shall be consistent with the FairLabor Standards Act. Annual overtime for
each state or local law enforcement officer is capped the equivalent 25% of a GS -1811-12 Step 1, of the general pay scale for the Rest of
United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission ofa proper
request for reimbursement which shall be submitted quarterly on a fiscal year basis, and which provides the names of the investigators who
incurred overtime for the RFTFNOTF during the quarter; the number of overtime hours incurred, the hourly regular and overtime rates in
effect for each investigator, and the total quarterly cost. The request for reimbursement must be submitted to the RFTFNOTF Chief Inspector/
Chief Deputy, who will review the request for reimbursement, stamp and sign indication 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 of asset forfeiture funding, the USMS may acquire vehicles to be utilized by state, local, tribal, or
territorial investigators assigned to the RFTFNOTF. Vehicles provided by the USMS remain in the control ofthe USMS and must be used
solely in support of RFTFNOTF operations. The vehicles must be available for exclusive use of the TFOs assigned to the RFTF/VOTF by the
undersigned participant agency for the duration ofthe agency's participation on the task force. Ifthe agency is no longer a participating
member of the RFTFNOTF, any USMS vehicle provided to the agency for use by TFO(s) must be returned to the USMS. Operators of
USMS-provided vehicles must adhere to USMS policy regarding the use ofgovernment owned vehicles. Any violation 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 provided to state, local, tribal, or territorial investigators may be subject to additional regulations or
restrictions pursuant to I !SMS lease agreements. Replacement or removal of any vehicle provided by the USMS will be at the discretion of the
USMS and/or subject to lease agreement terms.
EQUIPMENT: Pending the availability of Asset Forfeiture funding, the USMS may purchase equipment for state, local, tribal, or territorial
investigators assigned to the RFTFNOTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support
of RFTFNOTF operations. The equipment must be available for exclusive use of the TFOs assigned to the RFTF/VOTF by the undersigned
participant agency for the duration of the agency's participation on the task force. Ifthe agency is no longer a participating member of the
RFTFNOTF, any equipment purchased with Asset Forfeiture and provided to TFOs 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, local, tribal, or territorial investigators for exclusive use in support of the RFTFNOTF. Ifthe investigator or agency is no longer a
participating member of the RFTFNOTF, any equipment issued that was not purchased with Asset Forfeiture funding will be returned to the
USMS.
BODY -WORN CAMERAS AND TASK FORCE OFFICERS: As per DOJ Policy dated October, 29, 2020, Body Worn Cameras (BWC)
may be worn by TFOs operating on a Federal Task Force when their parent agency mandates their use by personnel assigned to the task force.
A partner agency must formally request to participate in the TFO BWC program and, upon approval, comply with all DOJ and USMS policies,
procedures, documentation, and reporting during their participation. Moreover, pursuant to the DOJ BWC Policy, the USMS will inform all
partner agencies of which other partner agencies, if any, have been authorized to have their TFOs wear BWCs on the Task Force, and provide
all partner agencies with a copy ofthe DOJ BWC Policy. That information will be provided separately. Accordingly, all partner agencies
should be aware that TFOs may be participating in the TFO BWC program and may be operating with BWCs on USMS task force operations
in their agency'sjurisdiction. TFOs whose parent agency is not approved for participation in the TFO BWC program are not allowed to
deploy with BWCs on USMS missions.
RECORDS AND REPORTS: After the RFTFNOTF has adopted a warrant, all investigative reports, evidence, and other materials
generated, seized or collected by the RFTFNOTF, relating to the fugitive investigation, shall be material within the custody and control ofthe
RFTFNOTF. Physical evidence, such as drugs, firearms, counterfeit credit cards, and related items may be released to the appropriate
prosecuting agency. Records and information obtained during the RFTF/VOTF fugitive investigation are not evidence and may not be
released. A participating agency may retain copies of RFTFNOTF investigative reports, and other documents or materials, but they may be
released only upon approval ofthe USMS Office of General Counsel (OGC), in consultation with the local U.S. Attorney's Office, if and as
applicable. Ifan applicable state law mandates the release ofrecords or reports pertaining to RFTFNOTF activities, those documents may
only be released after coordination with USMS OGC.
All investigative reporting will be prepared in compliance with existing USMS policy and procedures utilizing USMS case management
systems. Every effort should be made to document investigative activities on USMS forms, such as USM -1 Is and USM- 210s. Reports should
never contain information related to sensitive USMS programs that are deemed privileged and not subject to reporting. RFTFNOTF records
and documents, including reports on RFTFNOTF activity prepared in oases assigned to TFOs, will be maintained in USMS electronic
records. Task force statistics will be maintained in the USMS case management systems. Statistics will be made available to any participating
agency upon request. This section does not preclude the necessity of individual TFOs completing forms required by their employing agency.
However, reports documenting task force related investigations or activities prepared by a TFO on their parent agency form, or authorized
TFO BWC recordings during RFTFNOTF operations, and any TFO's task force related email or text exchanges are deemed federal records
under the control and purview of USMS, regardless of where these records are generated or kept. If an applicable state records law mandates
the disclosure oftask force records, the parent agency must coordinate with the USMS prior to any proposed disclosure. If information
developed during a RFTFNOTF investigation is included in such a form, the TFO's department will maintain the information as an agent of
Page 2 of 3 Rev. 01/2021
d
BY: ---
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Signature
Chief of Police
Title
Denton Police -Department _
Department
Date Signed: November 29, 2021
111 ieirrr
F D E4, ATTEST: y ••.........
ROSA RIOS, CITY SECRETARY
BY:
iii Fi!. •'•.....••• p`
APPROVED AS TO LEGAL FORM:
011
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MACK REINWAND, CITY ATTORNEY
d
BY: ---
z7
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Signature
Chief of Police
Title
Denton Police -Department _
Department
Date Signed: November 29, 2021