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Home My WebLink AboutC-10039-1 - MOU (for the Internet Crimes Against Children Task Force ICAC)1%]FIN10RANDUNI OF AGIZI ENIENT BETWEEN 11-11 L OS ANGI:Ll," S POLWE DEPARTMENT INTERNI T CR HIES r-kGA1N ST C IJIL,DREN TASK FORCE AND THE NEV P0M' BI.AC11 MACE DEPARTMENT I. PARTIES This Memorandum of Agreement (MOA) is entered into by and between the Los Angeles Police Department (LAPD) and the Newport Beach Police Department (NBPD). I1. BACIiGROUND The LAPD is the recipient of a United States Department of Justice (DOJ), Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding Internet Crimes Against Children (ICAO). The LAPD utilizes this grant to administer and operate the Los Angeles ICAC Task Force. The OJJDP created the ICAC Task Force Program, a national network of state and local law enforcement cybercrime units. The federal ICAC program assists state and local law enforcement agencies in developing an effective response to cyber enticement and child pornography cases. The program encompasses investigative and forensic components, training and technical assistance, victim services, and community education. Due to the technological aspects of these cases, the ICAC Task Force Program promotes a multi jurisdictional, multi -agency team approach to investigating and prosecuting ICAC cases. The mission of the Los Angeles ICAC Task Force, therefore, is to; (I) properly investigate and prosecute those who sexually exploit children using the internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting ICAC; and, (3) provide community education regarding the prevention of ICAC. 1I1. PURPOSE The purpose of this MOA is to delineate the responsibilities and expectations of the NBPD and the LAPD, and to formalize their working relationship in the Los Angeles ICAC Task Force. By joining this Task Force, the NBPD will benefit from grant resources, joint operations, and extensive training opportunities; the Los Angeles ICAC Task Force will benefit from the NBPD's investigative support. The NBPD agrees to join the ICAC Task Force as an Affiliate Agency for the primary purpose of vigorously and properly investigating ICAC. As an Affiliate Agency, NBPD agrees to adhere to the current ICAC Task Force Program Operational and Investigative Standards and any revisions thereto that may be made during the term of this MOA. A copy of the Operational and Investigative Standards Guide is attached and made a part of this MOA. Furthermore, for purposes of the OJJDP grant, it is understood that an Affiliate Agency is a grant subrecipient subject to all established subrecipient monitoring policies and procedures. IV. INVESTIGATIONS Investigations will follow guidelines established by each agency's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC Operational and Investigative Standards is cause for cancellation of this MOA. This MOA is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in Task Force investigations are not in the best interest of the Task Force. A. Newport Beach Police Department's Responsibilities. Newport Beach Police Department may: 1. Use "authorized personnel" who themselves lack powers of arrest but have been authorized by their respective agency to participate in investigations and are being supervised by "sworn personnel." Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OJJDP. Conduct reactive investigations where subjects are associated within the NBPD's jurisdiction, including investigations of child pornography, CYBERTIP referrals from the National Center for Missing and Exploited Children, Internet Service Provider and law enforcement referrals, and other ICAC-related investigations. Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, etc. 3. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Unit Commander. 4. Provide the Los Angeles ICAC Task Force with access to all ICAC investigative files, including, without limitation, computer records, in order to ensure compliance with all national ICAC standards for a period of no less than three years. Locate its ICAC investigators in a secure space provided by the NBPD with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and controlled by the NBPD ICAC Task Force personnel, with restricted access to authorized personnel only. 6. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about internet child safety issues. Note: Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force in the education and prevention programs. V. SUPERVISION The NBPD will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. Internet Crimes Against Children investigations are a cooperative effort, and investigative decisions will be a joint process guided by ICAC standards. VI. JURISDICTION The principal sites of Task Force activity will be within the jurisdictional areas of the respective member law enforcement agencies. Nothing in this agreement shall otherwise limit or expand the jurisdiction and powers normally possessed by NBPD employees as a member of the NBPD. VII. EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency's policies. VIII. LIABILITY The NBPD is responsible and liable for the acts and omissions of its own officers, agents, or employees in connection with the performance of their official duties under this MOA. For tort liability purposes, no participating agency shall be considered the agent of other participating agencies. Each participating agency shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. IX. REPORTING STATISTICS Using a form provided by the Los Angeles ICAC Task Force, the NBPD shall submit monthly statistics to the Task Force on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 1 Oth day of each month and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas, and court orders issued, training hours attended and taught, and community outreach provided. In addition, a breakdown of basic case data shall be included for each sexual exploitation of a minor (child pornography) case and/or criminal solicitation of a minor (enticement/traveler) case investigated by the NBPD. The Task Force will be responsible for all required reporting to the OJJDP. X. COMPLIANCE WITH DOJ REGULATIONS PERTAINING TO CIVIL RIGHTS AND NONDISCRIMINATION - 28 C.F.R. Part 38 The recipient (LAPD) and subrecipient (NBPD) must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available for reference via the Electronic Code of Federal Regulations (e-CFR) (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse) by browsing Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. XI. TRAINING The NBPD shall make investigators designated as Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The Task Force will review training requests and provide funding for ICAC-approved training when appropriate. XII. PARTICIPATING AGENCY OBLIGATIONS AND CIVIL IMMIGRATION ENFORCEMENT The NBPD, as a local law enforcement agency, is responsible for enforcing state and local criminal laws. It is neither authorized nor responsible for the enforcement of civil immigration laws or regulations. The Congress of the United States has vested the United States Immigration and Customs Enforcement and the United States Customs and Border Protection with the legal authority and responsibility for enforcing civil immigration laws, including status violations and removal proceedings. Therefore, Task Force personnel must abide by the limitations in legal authority and responsibility by not enforcing federal civil immigration laws. The California Values Act or Senate Bill 54, other state laws, and each agency's existing policies and practices provide procedural protections to ensure that each agency's personnel do not go beyond existing legal authorities or contradict the agency's steadfast commitment to community and constitutional policing principles. XIII. SUBRECIPIENT GUIDELINES As a grant subrecipient, NBPD agrees to comply with LAPD and the Office of Justice Programs (OJP) grant monitoring guidelines, protocols, and procedures, and to cooperate with LAPD, Bureau of Justice Assistance (BJA) and The Office of the Chief Financial Officer (OCFO) on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The subrecipient agrees to provide to LAPD, BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this MOA. Further, the subrecipient agrees to abide by reasonable deadlines set by LAPD, BJA and OCFO for providing the requested documents. LAPD will engage in a fonnal written process to notify the subrecipient of corrective actions needed to come into compliance. If the subrecipient does not take corrective action or does not come into compliance with the provisions in this MOA, or fails to cooperate with LAPD's, BJA's, or OCFO's grant monitoring activities, it may result in sanctions affecting the subrecipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the subrecipient access to grant funds; referral to the Office of the Inspector General for audit review; designation of the subrecipient as a DOJ High Risk grantee; or termination of an award(s). More information may be obtained by visiting the monitoring policies and procedures posted on the OJP website: https•//www oip Qov/fundin financiaiguidedoj/iii-postaward- reouirements#I 04-0. XIV. CONFIDENTIALITY The parties agree that any confidential information pertaining to investigations of ICAO will be held in the strictest confidence and will only be shared with participating ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. EFFECTIVE DATE This. MOA shall be effective on the date of the final signature of the parties and continue until such time as federal funding for the grant ends or the MOA is canceled by either party upon writter j,notice delivered to both agency directors. JIM NjcDONN ChieYof Police Los Angeles Police Department DAVE MINER Chief of Police Newport Beach Police Department CITY OF NEWPORT BEACH, Date: By: I"r_a ��Cs�- City Manager -9Gj*(AV pN&' J` 12'" 'J X DATE: 9 —1 (`Z3 DATE: Z 7- 25-� APPROVED AS TO FORM: Date:�.� By: (Qkl A on C. Harp 7^ �g j it City Attorney A t= Attest: A La City CI k