HomeMy WebLinkAbout5798SUBJECT: Memorandum of Agreement
between the Naval Criminal Investigative
Service (NCIS) and Bremerton Police
Department for Narcotics Enforcement,
Special Operations Group
AGENDA BILL
CITY OF BREMERTON ��
CITY COUNCIL
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter: Randy Plumb
Phone: (360) 473-5974
February 14, 2018
February 21, 2018
Police
SUMMARY: The agreement identifies and states the terms and conditions and the purpose of the
NCIS relationship with the Special Operations Group (SOG). The agreement references the
appropriate RCW's for authorizing the operation according to State requirements. One NCIS agent
will be assigned to SOG and funded through the NCIS budget.
ATTACHMENTS: Naval Criminal Investigative Service (NCIS) Memorandum of Agreement
FISCAL IMPACTS (Include Budgeted Amount): Bremerton PD will provide work place, a
workstation and maintenance for computer support, at no cost to the City since these items are
already in place at SOG. The assigned agent will be funded through the Navy budget.
STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Memorandum of Agreement with the Naval Criminal Investigative Services for
Narcotics Enforcement, Special Operations Group, and authorize the Mayor to finalize and execute
the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: [Approve El Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
MEMORANDUM OF AGREEMENT BETWEEN
THE NAVAL CRIMINAL INVESTIGATIVE SERVICES
AND
THE CITY OF BREMERTON POLICE DEPARTMENT
FOR
NARCOTICS ENFORCEMENT, SPECIAL OPERATIONS GROUP
Ref: (a) SECNAVINST 5430.107
(b) 28 USC sections 1346(b), 2671-2680 (Federal Torts Claim Act)
(c) RCW 10.93. 100
(d) RCW 39.34.10
(e) DoD Directive 5200.27
(f) UCMJ 10 USC 801, et seq
(g) 18 USC 1385, "Posse Comitatus Act"
(h) DoD Directive 3025.15
(i) DoD Instruction 3025.21
0) SECNAVINST 5820.7C
(k) Chapter 15 of Title 10 USC
(1) OPNAVINST 5530.14E
This is a Memorandum of Agreement (MOA) between the Naval Criminal Investigative Service
and the City of Bremerton via the Bremerton Police Department. When referred to collectively,
the Naval Criminal Investigative Service and the City of Bremerton Police Department are
referred to as the "Parties".
1. Background: The Naval Criminal Investigative Service (NCIS) and the City of Bremerton
Police Department (BPD) have enjoyed a close working relationship and entered into a counter -
narcotics task force Special Operations Group agreement in 2006. NCIS terminated the
agreement in 2013 due to a lack of special agent staffing. Both parties wish to reinstitute this
agreement.
2. Authorities: This Agreement is made and entered into pursuant to references (a) through (1).
The agents assigned to SOG pursuant to this agreement remain employees of the United States
and perform their duties within the course and scope of their Federal employment with NCIS in
accordance with their mission stated in reference (a). Consequently, the provisions of reference
(b), including its defenses and immunities, will apply to allegations of negligence or wrongful
acts or omissions of the agents while acting within the scope of duties pursuant to this
agreement. Pursuant to reference (c), NCIS personnel assigned to the task force shall have no
additional powers but shall be limited to those powers already vested by law or hereafter created
by separate enactment.
2.1. Reference (d) permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities in a manner and pursuant to forms of governmental
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organization that will accord best with geographic, economic, population and other factors
influencing the needs and development of local communities.
2.2. As a Department of the Navy component, NCIS must adhere to the jurisdictional
investigative limitations of reference (e), and the Federal case law of those regulations. The
SOG activities that NCIS participates in are thereby limited to those criminal activities of
persons subject to reference (f) and criminal activity of persons that significantly affect the naval
establishment.
2.3. Reference (g) prohibits the Army and Air Force (Department of Defense regulations now
restrict the activities of all branches or components of the Armed Services under this Act) from
being used as a posse comitatus or otherwise to execute the laws entrusted to civilian law
enforcement authorities. The restrictions of the Act do not apply to civilian employees of the
Department of Defense who are not acting under the direct command and control officer. See
NOTE below. Other statutory provisions specifically authorize certain indirect and direct
assistance and participation by the military in specified law enforcement functions and activities.
2.4. All Department of Defense components (except strictly civilian components not acting
under direct command and control of a military officer) who enter into this agreement, will
comply with all Department of Defense regulations and statutory authorities (describing
restrictions, authorizations, and conditions in support of law enforcement) including but not
limited to references (h) through (1) dealing with military support for civilian law enforcement
agencies and any other or subsequent rules, regulations, and laws that may address this topic of
that may amend, or modify any of the above provisions. This MOA will not be considered to
authorize any additional or greater authority (than already described) for Department of Defense
components to act in the support of law enforcement activities. Note: The U.S. Ninth Circuit of
Appeals, en baric, has ruled that the Posse Comitatus Act -type restrictions in the applicable DoD
and Navy regulations apply to all civilian DoD personnel except when they are not on duty (U.S.
v. Dreyer 804 F.3d 1266 [9h Cir.201.5]).
2.5. NCIS is required to conduct investigations and operations that have a DoD/DON nexus.
However, when assigned to non-DoD affiliated law enforcement agencies/task forces, like
SOG, NCIS agents may be asked to assist with law enforcement matters that do not have a
direct DoD/DON nexus. As this activity is done under the auspices of the non-DoD agency,
NCIS participation is limited to support only, but is authorized.
3. Purpose: This agreement is intended to create a collaborative effort and partnership between
NCIS and BPD to enhance joint investigative abilities in order to more effectively identify, arrest
and deter those members, civilian and military, of our community involved in the use, sale,
manufacturing and distribution of narcotics.
4. Responsibilities of the Parties:
4.1. The Naval Criminal Investigative Service will:
4.1.1. A NCIS agent will be assigned to the SOG of the BPD (hereinafter SOG) to
provide assistance on narcotics operations and investigations which includes narcotics
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buys, surveillance, service of warrants and arrests of suspects. This understanding
permits NCIS special agents to work out of the SOG office in Bremerton, Washington.
Agents will team together with SOG to target criminal activities that impact both the
Navy and local communities. These agents will liaise between the agencies and facilitate
a closer working relationship.
4.1.2. NCIS agrees to furnish and pay for services of a cellular system for its assigned
agent that is compatible to cellular equipment utilized by the SOG.
4.2. The City of Bremerton Police Department will:
4.2.1. The City of Bremerton Police Department will issue to the assigned NCIS agent,
for duty use, a portable radio with necessary frequencies to properly communicate with
SOG members. Normal repair will be the responsibility of the City. Replacement due to
misuse or negligence by the NCIS agent will be the responsibility of NCIS.
4.2.2. BPD will provide a workspace and a work station with required computer
equipment and maintenance support for the assigned NCIS agent.
4.3. Both parties will:
4.3.1. BPD recognizes that the assigned NCIS agent has reporting responsibilities to
NCIS and may be required to provide investigative support, attend mandatory training,
and conduct investigations for SOG generated cases related to the DON and/or DoD.
The City of Bremerton Police Department also recognizes that the assigned NCIS agent
has reporting responsibilities to NCIS regarding his delegated duties to SOG. Prior to
reporting any information to NCIS regarding an ongoing SOG investigation or covert
operation, the assigned NCIS agent will inform the SOG supervisor what intelligence or
case information is being disclosed. This will allow NCIS and SOG superiors to ensure
that the investigation and/or operation are not compromised.
4.3.2. For operational necessity, the assigned NCIS agent will be authorized to participate
in SOG required training and meetings that will enhance knowledge of narcotic
investigations and intelligence gathering.
4.3.3. When working SOG cases, the assigned NCIS agent's work hours will be
determined by the SOG supervisor and the assigned agent will work under the
supervision of the SOG supervisor. Nevertheless, at all times, NCIS agents and
personnel assigned to SOG shall not be considered employees of BPD for any purpose.
NCIS shall be solely and exclusively responsible for its representative(s), subject to (a)
through (1) above, for purposes of any losses, claims, damages or liabilities arising out of
or related to the services provided to SOG or the activities of SOG. The City of
Bremerton shall have none of the rights, duties or obligations of an employer as respects
the NCIS representative(s).
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4.3.4. The agents assigned to SOG pursuant to this agreement receive compensation from
the U.S. Navy only, and are prohibited from receiving compensation in any form, from
SOG or any other source.
5. Personnel: Each Party is responsible for all costs of its personnel, including pay and benefits,
support, and travel. Each Party is responsible for supervision and management of its personnel.
6. General Provisions:
6.1. Points of Contact: The following points of contact will be used by the Parties to
communicate in the implementation of this MOA. Each Party may change its point of contact
upon reasonable notice to the other Party.
6.1.1. For the Naval Criminal Investigative Service -
6.1.1.1 Special Agent in Charge, (360) 396-4660
6.1.1.2. Administrative Officer, (360) 396-4660
6.1.2. For the City of Bremerton Police Department -
6.1.2.1. Chief of Police, (360) 473-5220
6.1.2.2. Special Operations Group Sergeant, (360) 473-5777
6.2. Correspondence: All correspondence to be sent and notices to be given pursuant to this
MOA will be addressed, if to the Naval Criminal Investigative Service, to -
6.2.1.
Special Agent in Charge
Naval Criminal Investigative Service
1003 Sunfish Drive
Silverdale, WA 98315
and, if to the City of Bremerton Police Department, to -
6.2.2.
Chief of Police
Citv of Bremerton Police Department
1025 Burwell St.
Bremerton, WA 98337
or as may from time to time otherwise be directed by the Parties.
6.3. Review of Agreement: This MOA will be reviewed triennially on or around the
anniversary of its effective date.
6.4. Modification of Agreement: This MOA may only be modified by the written agreement
of the Parties, duly signed by their authorized representatives.
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6.5. Disputes: Any disputes relating to this MOA will, subject to any applicable law,
Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or in
accordance with DoDI 4000.19.
6.6. Termination of Agreement: This MOA may be terminated by either Party by giving at
least 30 days written notice to the other Party. The MOA may also be terminated at any time
upon the mutual written consent of the Parties.
6.7. Transferability: This Agreement is not transferable except with the written consent of
the Parties.
6.8. Entire Agreement: It is expressly understood and agreed that this MOA embodies the
entire agreement between the Parties regarding the MOA's subject matter.
6.9. Effective Date: This MOA takes effect beginning on the day after the last Party signs.
6.10. Expiration Date: This Agreement expires on December 1, 2026.
7. Financial Details
7.1. This MOA shall not be used to obligate or commit funds, or serve as the basis for the
transfer of funds.
7.2. The agents assigned to SOG pursuant to this agreement receive compensation from the
U.S. Navy only, and are prohibited from receiving compensation in any form, from SOG or any
other source.
NAVAL CRIMINAL INVESTIGATIVE CITY OF BREMERTON
SERVICE
w
RONALD A. BEL Z, pedalgent in Charge GREG n
EELER, Mayor
Date Signed: 3 - 8 - ,2,cb! S
As of. 2/22/2018 13:54
Date Signed: -�' t1q
BREMERTON POLICE DEPARTMENT
A, 'Z4�
J04ES BURCHETT,
I terim Chief of Police
APPROVED AS TO FORM:
Date Signed:
ATTEST:
i
0
ROGER LUBO CH, ity Atto y SHANNON CORIN, City Clerk
City Attorney City Clerk
Date Signed: o9• '20-1�
As of: 2/22/2018 13:54
Date Signed: 2' �,� ' 1�