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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 As of. 2/22/2018 13:54 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 As of. 2/22/2018 13:54 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). As of. 2/22/2018 13:54 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. As of. 2/22/2018 13:54 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�