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Memorandum of UnderstandingzaaY- ~G 9/~ ~o/I~o ~( - G 7.~ 14IEhIOR~~NDU\1 OF UND>/RST~INDTNG This 1\~temorandum of Understanding (MOU) is executed by the l!nited States Attorney for the llistrict of Columbia, the Metropolitan Yolice llepattment of V1~ ashington, ll.C. (MYll) and the City of Miami Beach, Florida, by and on behalf of the Miami Beach Police Department. L PURPOSE The pwpose of the'ttOL] is to outline the mission of the Yresidential Inauguration Task Force (PITF) in the Washington, ll.C. area from January 15, ZUU9, to January ? I, ?009. Additionally, this MOU twill define relationships bcttvccn the U.S. Marshal Service; MPD and the City of Miami Beach, Florida, by and on bchalf of the Miami Beach Police Department as well as other participating agencies with regard to policy, guidance, utilization ofresourcus, plamting, tnitting, public relations and media in order to maxitnize interagency cooperation. II. M1SS1ON The mission of the PITF is to achieve maximum coordination and cooperation in bringing to bear combined resources to effectively implement measures to promote the safety of the President of the United Stales, inaugural participants, the public, visitors and residents while allowing individuals and groups to exercise their legal rights. :Wditionally; all units that are participating agencies will coordinate their activities and be considered a member of the PI"fF, sharing information and coordinating investigative and law en[i~rcemenl el~lbrts which may result from any apprehensions originating !Tom the PITF. QI. ORG.ANI7..A'1'IONAI. S7'KUC"PURE ~, Direction The City of Jtiami Beach, Florida. by and on bchalf of the ~~tiarni Beach Police Department acknowledges that the YfI'F is a joint opc~ralion in a hich all agencies, including the Metropolitan Yolice Department of Dis[riG of Colurnhia; Office of the United States Attorney for District of Columbia, United Stales Marshals Service, United States Secret Service, l_:nitcd States Federal Bureau of Investigation, National Park Service, the City of Miami Beach, l~lorida, by and on bchalf of the Miami Beach Police Department and other agencies, act as partners in the operation of the PITF. The Command Center litr the operations will be located at the Metropolitan Police Dcpartmcttt (MPD) Headquarters and w~il] be staffed by officers from the United States Marshals Scrvicc; MPD, L.S. Park Police, and the Federal Bureau of hrvestigation. '1'hcsc officers twill serve as the Executive Counci] &rr this operation. B. Supervision The day-to-day operation and admutistrative control of the PITF will be the responsibility ol'a Tactical Team Commander selected front one of the participating agencies. The Tactical Team Commander will coordinate with supervisory personnel of the United States Secret Service as the sponsoring agency for Special Deputation (fcdcral) and with MPD as the lead agency for the operation. 'fhe daily managctnent of the PITF +vill be closely monitored by the MPll. Responsibility for the conduct of the PITF members, both personally and professionally, shall remain with the respective agency directors subject to the provisions in Section 1X (Liability). C. f:nilateral Laca~ F.nforcementAction There shall be no unilateral action taken on the part of any participating non-['ederal or nun-h'fPD law enforcement agency relatutg to P1TF activities. All laev cnlirrcement action by participating non-federal and non-MPD law enforcement agencies will be coordinated and conducted in a cooperative manner under the direction of the Executive Council and the Ml'D IV. PROCI;llIIRLS A. Pcrsonrtcl Continued assignrncnt of pcrsonnc] to the PTTF will be based upon performance and will be at the discretion of the respective agency. Each participating agency will be provided +vith reports as necessary regarding the program, direction, and accontplislunent of the PITF. B. Deputation All local and state law enforcement pcrsonnc] designated to the PITF will be subject to background inquiry and ++~ill be federally deputised, +vilh the United States Marshals Scrvicc securing the required deputation aulhoriration. These deputations will remain in effect throughout the tenure of each officer's assigtunent to the PITF or until termination of the Pl'1'P, whichever occurs first. Each individual deputised as a Special Deputy LLS. Marshal will have all ncccssary law cnfercctncnt authority as provided by 28 U.S.C. $ ~6(i(c) and (d); 21i U.S.C.. § 564; l8 U.S.C. § 303; 2A C.F.R. § O.l 12, and the deputation authority of the Deputy Attorney General. The Special Deputy U.S. Marshals will be responsible for 1) pcrfornting ncccssary la+a• cnli~rccmcnl steps to keep the peace of the United States; 2} enforcing fcdcral taw (gg_, 13 i?.S.C. $§ 1 12, 1 116, and 878, as well as other provisions of that title); 3) protecting visiting titreign officials, official guests, and internationally protected persons; 4) taking ncccssary law enforcement steps to prevent violations of fcdcral law, and; 5) enforcing District of Columbia law as a result of the deputation (see U.C. Code 2i-SK 1 and 28 U.S.C.~~' ~G4). [ndividuals deputized as Special lleputy U.S. Marshals pursuant to this MOU +vho salter a disability or die as a result of personal injury sustained while in the performance of his or hc~r duty during the assignment shall be treated as a federal employee as defined by Title j U.S.C. section 3101. Any such individuals +vho apply to the l!.S. Department of Labor for federal workers' compensation under Section 3174 must submit a copy of this MOU with his or her application. .All applicants will be processed by the U.S. Department of Labor on a cast by case basis in accordance with applicable la++• and regulation. C'. La++~ Lnforcctncnt Activities Since it is anticipated that almost all cases originating from any Pl'1'P arrests will be prosecuted al [hc stale or local level, the law entbrcement methods employed by all participating la+v cnforcc~rncnt agencies shall a>nti~nn to the requirements of such statutory or common law pending a decision as to a change of venue for prosecution. D. Prosecution The criteria for determining +vhcthcr to prosecute a particular violation in federal or state ururt will focus upon achieving the greatest overall bcnclit to la+v enliircement anti the community. Any question which arises pertaining to pmsu:utorial jurisdiction will he resolved through the Executive Cowtcil. The U.S. Attorney's Ollice fiir the District of Columbia has agreed to fornally participate in the PITF and +vill adopt policies and seek sentences that meet the needs of justice. V. ADA111\1STRITIVC A. Records and Repuris All records and reports generated by P111~ ntcmbcrs shall be routed through the Tactical Team Commander +vho shall be responsible for maintaitung custody and pmp+,r dissemination of said records as he or she deems appropriate. }3. Staff i3riefings Periodic briefings on PITF law c~ttforccmcnt actions will he provided to the directors of the participating agencies or their designees. Statistics regarding accomplishments will also be provided to the participating agencies as available. Vl. MEllIA ~VI media rolcascs pertaining to PTTF law• enti~rcement activity andior arrests mill be coordinated h}• all participants of this MOU. Vo unilateral press releases twill be made by any participating agency without the prior approval of the l:xecutivc Council No information pertaining to the PTTF itself will be released to the media without mutual approval of all participants. VII. F,QUII'ME~!'L A. Pl'11' Vchiclcs Each participating agency, pending availability and individual agency policy, agrees and authorizes PITF members to use vehicles, when available, owned or leased by those participating agcncics, in connection +vith PITF law enforcement operations. In turn, each participating agency ak~rces iv he responsible ftrr any negligent act or omission on the part of its agency or its crnployecs, and Ibr any liability resulting from the tnisusc of said vehicles, as wall as any damage incurred to those vehicles as a result of any such negligent act or omission on the part of the participating agency or its entployces, subject to the provisions ol'Section IX (Liability). Participating agency vchidcs assigned to the PITF are subject to funding availability, arc provided at the discretion of the supervisor of the providing agency, and +i•ill be used only by PITF mcmbcrs. Vchiclcs provided by participating agencies will be used only doting working hours and will not he used for transportation to and from work by task force mcmbcrs or used tirr any other purpose. Participating agcncics will provide mainlertancc and upkeep of their vehicles amsistent with each agency's policy, Vchiclcs provided as pool vehicles firr PITF use +cill be parked at the end of each shift at a location determined by the Tactical Team Commander or his:her desi~tee. B. Other F:yuipment Other equipment furnished by any agency for use h}: other agencies' participating persomnel shall be returned to the originating agency upon termination of the PITF or this MOU. Vlll. Fl:l\D1KG 1'he City of Miami Beach, Florida; by and on behalf of the Miami l;each Police Department agrees to provide the ['ell-time services of its respective personnel for the duration of this operation, and to assume all personnel costs tier their PfCF representatives, including salaries, overtime payments, and ti-inge benefits consistent with [heir respective agcrtcy politics and procedures. Rcimburscrncnt Rn- the cost oi'such personnel will he made by the District of Columbia, with funds provided by the C:nitcd States and from general revenue. [Jnlcss spccilically addressed by the ternn ul'this MOLT, the parties agree to be responsible lirr the negligent or +anrnglid acts or omissions of their respective employees. Legal representation by the United States is detemrined by the Department ofJustice on a case-by-case basis. There is no guarantee that the United States will provide legal representation to arty federal, state or local law enforcement officer. Con~•ess has provided that the exclusive retncd}•' for the negligent or wrongful act or omission of any employee of the United States govcrnmcnt, acting within the scope of employment, shall bean action against the United States under the Pederal'1'ort Claims Act (1~'I'CA), 28 U.S.C. ~ 2679(b)(2). Por the limited purpose of defending claims arising out of PITF activity. state or local late enforcement officers who have been specially deputized as U.S. Marshals and +vho arc acting within the course and scope of their official duties and assignments pursuant to this MOIJ, may be considered an "cmploycc" of the United States govcrnmcnt as defined iu 28 L.S.C. 267 L It is the position of the Dcparuncnt ofJustice Civil Division Torts Branch that such individuals are fcdcral employees for these purposes. Under the hcdcral Employees Liability Reform and Tort Compensation 11ct of 1988 (commonly kttown as the ~~'estfall Act), 28 U.S.C. § 2679(b)(I ), the Attorney General or his dcsigrtcc may certify that an individual dclcndanl acted within the swpe of employment at the time of the incident giving rise to the suit. Id., 28 [J.S.C. ~ 2679(d)(2). The Lnite+i States can then be substiuued fix the +.•mployee as the sole del'endanl with respect to any tort claims. 28 [I.S.C. $ 2679(d)(2). Tf the United States is substituted as defendant, the individual employee is thereby prolectecl from suit. i1'the Attorney General declines to certify that an employee was acting w ithin the scope of employment, "the employee may at any time before vial petition the court to find and certify that the employee was acting within the scope of his office or cmploytnent." 28 U.S.C. 2679(d)(3). Liability for any negligent or willful acts of P1"1'F cmployces, undertaken outside the terms of this MOU will be the sole responsibility of the respective cmploycc and agency involved. Liability for violations of fcdcral constitutional law• rests with the individual lederal agent or officer pursuant to Bivens v. Sir L'nlcnorvra A~~ents gflhe Federcr! Burenu gf:~'cn•cotics, 403 U.S. 388 (1971), or pursuant to 42 U.S.C. § 1983 for state and local ofiiccrs or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit for constinrtional torts insofar as their conduct does not violate "clearly established statutory or constitutional rights of which a reasonable p+xson would have known." Hcn•lotr v. FitzgerolcJ, 467 [J.S. 800 (1982). PITF officers may rcyucst rcprescntation by the U.S. Dcpartmcnl of Justice lirr civil soils against them in their individual capacities tilt actions taken w=ithin the scope of employment. 28 C.F.R. ~ SU.1S, SU.16. An employee may be provided representation when the actions for which representation is rcyucstcd reasonably appear to have been per[bnned within the scope of the employee's crnploymcnt and the Atlomey General or his designee determines that providing rcprescntation +a•ould othcr++'isc he in the interest of the ilnited States. 28 C.F.K. § SU.1 S(a). A PITF officer's written rcyucst tin- representation should be directed to the Attorney General and provided to the Civil Division of the i:.S. Attorney's Office for the District of Columbia, which +a•ill then li>nvard the representation rcyucst to the Civil llivision of the l:nitcd States Department of Justice together with a recommendation concerting scope of employment and Dcpartrncnt representation. 28 C.F.K. ~ SU.1S(a)(3). if a PffP officer is found to be liable for a wnstiRUional tort, he,''she may rcyucst indentnificatimt from the Department of Justice to satisfy an adverse jud~nent rendered against the employee in his!her individual capacity. 2R C.F.R. § SU.1 S(c)(4). The criteria far payment are substantialh~ similar to those used [o dctctminc ++fiether a lederal employee is entitled to Department of Justice rcprescntation undcT 2R C.F.R. ~ SU.I S(a). X. DURATIOK This MOIJ shall remain in eilect until terminated as specified above, wiles that date is modilicd as set li~rih in Section XI. Continuation of the MOI: shall be subject to the availability of ncccssary limding. This at~Teement may he terminated at any time by any of the participating agencies. The Cily of ivliami Beach, Florida, by and on behalf of the Miatni Beach Police Dcpartmcnl may withdraw lium this MOII at any time by providing a seven-day written notice of its intent to w•ilhdra+v to the \~tPD. Upon the termination of the ~•1UU, all cyuipment +vill be returned to the supplying agencies. XI. \K)DiFiC'ATIONS 'fhe terms of this MUI: may be modified at any time by written consent of all parties. Modifications to this MUU shall have no force and eflect unless such modifications are reduced to writing and sigttcd by an authorized rcproscnlalivc of each participating agency. XII. LIl`8IT:ITION Nothing in this MOU is intended to, or shall he construed to create enforceable rights in third parties. A7E'I'KUPULCI:AN PULICE DEPARTMENT G~~"" t CA1'11Y . LANIER. CH1GF OF PULICE 1VAS1i1NGTON. D.C.. VILTROPOLITr1~N POLICE DEPi1RTh1F,NT ~~ JEFFREY A. T:IYLOR UNITED STATES ATTORNEY DIS~T,R~ICT~OF COLUMBIA i -~'t ~~ L ~ ~r.~ ~ CARLOS NOI2IEGA // CHI);P Ol~ YULICG MLAMI BL'ACl! POLICE DC•P:IRTMENT ~1L'1tv11 BEACH, FLORID:1 ~J4RGC tl. GUNZr1LGZ CITI' AIAVACER PfIAP1I BEACH, FLURIDA APPROVED AS TO FORM 8 LANGUAGE ~ FOR ELUTION L__~ = Cry Attorneyi ~ ` Date