2010-27483 Reso~ ~,
i
2010-27483
RESOLUTION NO. '~_ ~~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE .CITY OF MIAMI BEACH, ON
BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE
UNITED STATES MARSHALS SERVICE, WHICH SERVES TO
EXTEND THE PARTICIPATION OF THE MIAMI BEACH POLICE
DEPARTMENT FOR THE PURPOSE OF LOCATING AND
APPREHENDING FUGITIVES IN AN EFFORT TO REDUCE VIOLENT
CRIME.
i
WHEREAS, on December 19, 2000 the Presidential Threat Protection Act of 2000 was
enacted. to enable the United .States Justice Department, through the United States Marshals
Service, to establish permanent Regional Fugitive Task Forces consisting of Federal, state and
local law enforcement agencies in designated regions of the United States; and
WHEREAS, a detective of the Miami Beach Police. Department will be assigned to the
Regional Fugitive Task Force, and will be working in conjunction with Federal, state and other
local law enforcement personnel in locating and apprehending fugitives in the City of Miami
Beach and South Florida; and
WHEREAS, it is a known fact- that fugitives and persons who have active Federal and
state arrest warrants frequent the South Florida area, including the City of Miami Beach; and
WHEREAS, on October 5, 2009, the Miami Beach City Commission authorized the City
Manager to execute a Memorandum of Understanding between the City of Miami Beach and the
United Sates Marshalls Service on behalf of the Miami Beach Police Department, which is
scheduled to expire on September 30, 2010; and
WHEREAS, the ,United States Marshals Service will continue to provide the Miami
Beach Police. Department a vehicle that will be utilized by a detective of the Miami Beach Police
Department, and will reimburse the Miami Beach Police Department for overtime costs
consistent with the Fair Labor Standards Act, travel expenses and investigative costs that are
incurred by the detective in locating and apprehending fugitives, pending the availability of
funding; and
WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department,
and the United States Marshals Service, wish to extend the Memorandum of Understanding,
and the participation of the Miami Beach Police Department in the Regional ~ Fugitive Task
Force.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the City Manager and
City Clerk to execute a the Memorandum of Understanding between the City of Miami Beach,
on behalf. of the Miami Beach- .Police Department, and the United States Marshals Service,
which serves to extend the participation of the Miami Beach Police Department, for the purpose
of locating and apprehending fugitives in an effort to reduce violent crime.
PASSED and ADOPTED this ~5 fh day of September, 2010.
ATTEST:
_.
- ~ A I HERRERA BO ER
~~
MAYOR
ROBERT PARCHER, CITY CLERK
APPROVED AS Tf)
FORM & UA6E ''
a FO X TION
ORNEY ~ D
/ ~
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the
City Manager and City Clerk to execute a memorandum of understanding between the City of Miami
Beach on behalf of the Miami Beach Police Department and the United States Marshalls Service,
which serves to extend the participation of the Miami Beach Police Department for the purpose of
locatin and a rehendin fu itives in an effort to reduce violent crime.
Ke Intended Outcome Sup orted:
Maintain crime rates at or below national trends
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research
nd Public Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents
n 2009, indicated that their three top most important areas of for the City of Miami Beach to
ddress in an effort to improve public safety throughout the City is Preventing Crime 44.9%,
nforcin Traffic Laws 36.1 % and Increasin Visibilit of Police in Nei hborhoods 32.4%.
Issue:
Shall the Commission adopt the Resolution?
item Summa /Recommendation:
On December 19, 2000 the Presidential Threat Protection Act of 2000 was enacted which provides for
the United States Justice Department through the United States Marshals Service to establish
permanent Regional Fugitive Task Forces consisting of Federal, State and local law enforcement
agencies in designated regions of the United States. The purpose of the Task Force is to locate and
apprehend fugitives. One of these regions includes the Regional Fugitive Task Force based in
Florida. It is a known fact that fugitives and persons who have active State and Federal arrest
warrants frequent South Florida including the City of Miami Beach and as a result the residents of the
City of Miami Beach and the Miami Beach Police Department would greatly benefit by participating in
this Task Force. On October 5, 2009 the Miami Beach City Commission authorized the City Manager
to execute the Memorandum of Understanding between the City of Miami Beach on behalf of the
Miami Beach Police Department until September 30, 2010.
Participation in this endeavor would involve assigning a detective full time to the Task Force for an
unspecified period, however, the Miami Beach Police Department has the option to withdraw
participation after providing 30 days advanced written notice to the Regional Fugitive Task Force Chief
Inspector. While the Miami Beach Police Department Detective is involved in fugitive apprehension
investigative operations, the United States Marshals Service will provide a vehicle, reimburse overtime.
costs consistent with the Fair Labor Standards Act, fund travel and other investigative expenses
pending the availability of funding. i
Advisory Board Recommendation:
Financial Information:
Si n-Offs•
Department Director As
Carlos E. Noriega, Chief
m MIAMIBEACH
nt City.Manager `City Manager
+G ~~FBr1~~TEM C ~ Q
d~ATE -/ S=~(~
Ci Clerk's O ice Le islative Trackin
Micha ager
Plannin an Research Section
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
MEMO #
COMMISSION MEMORANDUM.
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 15, 2010 .
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY CO N OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON
BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE
..UNITED STATES MARSHALS SERVICE, WHICH SERVES TO
EXTEND THE PARTICIPATION OF THE MIAMI BEACH POLICE
DEPARTMENT, FOR THE PURPOSE OF LOCATING AND
APPREHENDING FUGITIVES IN AN EFFORT TO REDUCE VIOLENT
CRIME.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On December. 19, 2000 the Presidential Threat Protection Act of 2000 was enacted which
provides for the United States Justice Department through the United States Marshals Service to
establish permanent Regional Fugitive Task Forces consisting of Federal, State and local law
enforcement agencies in designated regions of the United States. The purpose of the Task Force
is to locate and apprehend fugitives. One of these Regional Fugitive Task Forces is located in
South Florida.
It is a known fact that fugitives and persons with active State and Federal warrants frequent
South Florida including the City of Miami Beach and as a result the residents of the City of Miami
Beach and the Miami Beach Police Department would greatly benefit by participating in this Task
Force. On October 5, 2009, the Miami Beach .City Commission authorized the City Manager to
execute the Memorandum ~of Understanding between the City of Miami Beach and the United
States Marshalls Service on behalf of the Miami Beach Police Department a
Participation in this endeavor would involve assigning a detective full time to the Task Force for
an unspecified period, however, the Miami Beach Police Department has the option to withdraw
participation after providing 30 days advanced written notice to the Regional Fugitive Task Force
Chief Inspector. While the Miami Beach Police Department Detective is involved in fugitive
apprehension investigative operations, the United States Marshals Service will provide a vehicle,
reimburse overtime costs consistent with the Fair Labor Standards Act, fund travel and other
investi tive expe es pending the availability of funding.
JMG/ N/RAM
PARTIES AND AUTHORITY:
This Memorandum of Understanding (MOU) is entered into by the CITY OF MIAMI BEACH
POLICE DEPARTMENT .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 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 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, 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, persons 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 by the RFTF (Regional Fugitive
Task Force). Cases will be adopted 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 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 RFTF 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.
Page i of 4 TF MOU Rev. o~/io
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 or local fugitive cases will be entered into NCIC (and other
applicable state or local lookout systems) as appropriate by the concerned state or local agency.
SUPERVISION:
The RFTF 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
Inspector 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, maybe 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 RFTF.
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 of the jurisdiction to which they are normally assigned in furtherance of task
force. operations. State or 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.
REIMBURSEMENT:
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.
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Reimbursement 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 proper invoice which shall be submitted quarterly on a fiscal year basis, and which provides
the names of the investigators who incurred overtime for the RFTF 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 .invoice must be submitted to the RFTF Chief
Inspector, who will review the invoice, stamp and sign indicating that services were received and
that the invoice is approved for payment. Invoices for equipment, supplies, training, fuel, and
vehicle lease must provide supporting documentation including receipts.
VEHICLES AND EQUIPMENT:
Notwithstanding the above,. pending the availability of asset forfeiture funding and approval by
the USMS in advance of any purchase, the USMS may reimburse or make direct payments to
qualified third party vendors for vehicles and equipment purchased by the undersigned state or
local agency in support of full time state and local investigators assigned to the RFTF involved in
joint law enforcement operations. Such vehicle and equipment purchases are to be contracted for
and titled in the name of the state or local law enforcement agency and must comply with
requirements prescribed by the USMS pursuant to this MOU and applicable policies of the
United States Department of Justice. Vehicles and equipment purchased by state and local law
enforcement agencies with asset forfeiture monies provided by the USMS must remain available
for exclusive use of the task force officers assigned to the RFTF by the undersigned participant
agency for the duration of the task force. Upon termination of the agreement, usage and
disposition of such vehicles are at the discretion of the. undersigned state or local law
.enforcement agency.
Pending the availability of funds and equipment, the USMS will issue USMS radios, telephones,
and other communication devices to each task force officer to be used for official RFTF
business. All equipment used by or assigned to task force officers by the USMS or an agency
will remain the property of the agency issuing the equipment and will be returned to that agency
upon termination of the task force, or upon agency request.
RECORDS AND REPORTS:
Original reports of investigation; evidence, and other investigative materials generated, seized, or
collected by the RFTF shall be retained by the agency in the RFTF 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 be maintained in the USMS
Justice Detainee Information System (JDIS) -Warrant Information Network (WIN). Statistics
will be made available to any participating agency upon request.
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INFORMANTS:
Pending the availability 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 shall comply with their agencies' guidelines concerning the use of
firearms, deadly force, and less-lethal devices. Copies of all applicable firearms, deadly force,
and less-lethal policies shall be provided to the RFTF Chief Inspector 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).
NEWS MEDIA
Media inquires will be referred to the RFTF Chief Inspector. A press release 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.
~4EFFECTIVE 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 RFTF Chief Inspector.
RFTF Chief Inspector
Participant Agency Representative
Assistant Director, IOD
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