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HomeMy WebLinkAboutContract 56643 RECEIV, L b �CFjG'2b CITY SECRETARY TT 1 1 202d' SF' 9 I f",`N�TRP Nil. �3 NL p?� cirvoFFoArkwo�i� �9r CITY sC R eri' o Task Force Agreements Pertaining to Body-Worn Cameras This addendum supplements the agreement between the Drug Enforcement Administration(DEA) and the Fort Worth Police Department, dated October 1, 2021, establishing the Task Force Group (Fort Worth). Pursuant to the "Department of Justice Policy — Use of Body-Worn Cameras by Federally Deputized Task Force Officers," effective October 29, 2020, Fort Worth Police Department has advised DEA that it will require its deputized officers participating in the Task Force to use Body-Worn Cameras (BWCs). This addendum governs that use. The parties hereby agree to the following: I. Task Force Officers (TFOs)will adhere to the DOJ Policy,DEA's Standard Operating Procedures for Task Force Officer Body Camera Program, and other applicable DEA policies and procedures. II. Fort Worth Police Department confirms that prior to executing this agreement it has provided to DEA details regarding the BWC system and cameras, including the details of any system protections, and any state or local policies or laws applicable to the TFO's use of BWCs, including any retention policies. III. Use of BWCs During Federal Task Force Operations: A. TFOs will be allowed to wear and activate their recording equipment with BWCs for the purposes of recording their actions only during: 1. A planned attempt to serve an arrest warrant or other planned arrest; or 2. The execution of a search warrant. B. TFOs are authorized to activate their BWCs upon approaching a subject or premises, and must deactivate their BWCs when the scene is secured as determined by the federal supervisor as designated by DEA who is on the scene. 1. For purposes of this agreement,the term"secured"means that the scene is safe and under law enforcement control. 2. In the event circumstances arise requiring additional law enforcement assistance to secure the scene, the TFO will end BWC recording when relieved from the scene by another law enforcement officer. C. For the execution of a search warrant, BWCs should not be used for searches of property lawfully in government custody or control, or a search to obtain digital or electronic records executed by a third party, such as an electronic service provider or custodian of electronic records. OFFICIAL,RECORD 1 CITY SECRETARY FT. WORTHo TX D. TFOs will follow the provisions set forth in this agreement for use of BWCs, and the provisions of this agreement will supersede any conflicting provision in the agency's policy for TFOs while serving on the federal Task Force. E. TFOs are authorized to wear and activate their BWCs in accordance with this agreement anywhere they are authorized to act as a police or peace officer under state, territorial, or tribal law. F. TFOs may use only agency-issued and agency-owned BWCs.TFOs will not be allowed to possess or use any privately owned BWC or other recording device of any kind. G. In the event a TFO's BWC is not working or inoperable due to a technical problem or cannot be used due to physical damage, and, in the judgement of the Task Force supervisor, delaying the operation to repair or obtain a replacement BWC is not practical or would impair the operation, the TFO may participate in the operation without using a BWC. H. Even when BWC use would be permissible in the circumstances set forth in Section III.A above, TFOs are prohibited from recording: 1. Undercover personnel; 2. Confidential informants or confidential sources; 3. On-scene witness interviews prior to or after the operation; 4. Personnel using specialized investigative techniques or equipment; or 5. Actions by any non-law enforcement persons at the scene who are assisting law enforcement personnel. I. Even when BWC use would be permissible in the circumstances set forth above in Section III.A above, TFOs are prohibited from activating their BWC if, in the judgement of the DEA,the TFO: 1. Is using specialized or sensitive investigative techniques; 2. Is operating in a sensitive area; or 3. Is working in an undercover or covert status on behalf of the federal task force. J. Even when BWC use would be permissible in the circumstances set forth in Section III.A. above, TFOs shall not use BWCs to record any activities related to unless specifically authorized by the DEA on a case-by-case basis: 1. National Security (including international and domestic terrorism investigations or cases involving classified information); 2. Public Corruption; 3. Medical Facilities; or 4. Other sensitive investigations as determined by DEA. IV. Fort Worth Police Department Internal Controls: 2 A. Chief of Police Neil Noakes will serve as a point-of-contact (POC) for DEA on BWC matters. B. Fort Worth Police Department will notify DEA of any change in state or local law that will modify how DEA TFOs must use BWCs or will affect release or redaction of BWC recordings from TFO BWCs made while working under federal authority on behalf of DEA ("TFO BWC recordings"). C. Fort Worth Police Department will notify and consult DEA prior to making any change in agency policy that will affect the storage, release, or redaction of TFO BWC recordings. D. Fort Worth Police Department will provide training to DEA task force personnel on the BWCs to familiarize them with the capabilities and operation of BWCs used during task force activities. E. Fort Worth Police Department will allow DEA Task Force supervisors to make decisions about recording or not recording under the same circumstances that parent agency supervisors are allowed to make such decisions. Fort Worth Police Department will provide training to DEA personnel as needed to implement this. V. Handling of BWC Recordings Made During Task Force Operations: A. For purposes of this agreement, the term "TFO BWC recordings" refers to audio and video recordings, and associated metadata, from TFO BWCs made while the TFO is working under federal authority. B. Fort Worth Police Department promptly will provide full, un-redacted copies of TFO BWC recordings to DEA, with no exceptions. The preferred method to receive the recording from the TFO's parent agency is on a Blu-ray disc. DEA field divisions are currently equipped to view Blu-ray discs and burn additional copies as needed. DEA divisions will provide Fort Worth Police Department with DEA-issued Blu-ray discs for this purpose. If Fort Worth Police Department is unable to provide TFO BWC recordings on Blu-ray discs, or other technical issues arise regarding copies of TFO BWC recordings,DEA and Fort Worth Police Department,in consultation with DEA's Office of Investigative Technology (ST),will determine an alternative solution. C. TFOs will document BWC use and the existence of BWC recordings in the Report Narrative of the DEA Form 6, Report of Investigation. D. The Fort Worth Police Department will provide the DEA with copies of TFO BWC recordings that qualify as a"duplicate"under Fed. R. Evid. 1001(e). 3 E. All TFO BWC recordings made during DEA operations in accordance with this agreement, including such recordings retained by the Fort Worth Police Department and/or in the possession of any third party engaged by the Fort Worth Police Department to store or process BWC recordings are federal records of the DEA and DOJ pursuant to the Federal Records Act and cannot be disseminated by the TFO,the TFO's parent agency, or any third party, as described here, without the written permission of DEA. F. The TFO's parent agency is authorized to use TFO BWC recordings for internal investigations of its personnel consistent with the parent agency's policies and procedures, but may not disseminate the BWC recording outside the parent agency or for public release without the written permission of the Department. The parent agency shall provide written notification to the sponsoring federal agency prior to any internal review. G. If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another,the Fort Worth Police Department shall notify the DEA and the United States Attorney as early as possible if it desires to publicly release the TFO's BWC recording(s). DEA and the United States Attorney will expeditiously review the recording(s) and provide official concurrence with public release as soon as practical, unless there are specific and compelling circumstances justifying an objection to public release that cannot be resolved by redaction or other means. Upon official concurrence,the Fort Worth Police Department may immediately release the recording(s) with any agreed-upon redactions, giving as much advance notice as possible to DEA and United States Attorney as to the time and manner of its release. H. In all circumstances, TFO BWC recordings shall be treated as law enforcement sensitive information,the premature disclosure of which could reasonably be expected to interfere with enforcement proceedings, and as potential evidence in a federal investigation subject to applicable federal laws,rules,and policy concerning disclosure or dissemination (including but not limited to 28 C.F.R. Ch. 1, Pt. 16, Subpart B ("Touhy Regulations")); and therefore deemed privileged absent appropriate redaction prior to disclosure or dissemination. 1. If a TFO BWC recording involves a"reportable incident"as defined below,or involves another time-sensitive or urgent situation, Fort Worth Police Department will provide DEA copies on an expedited basis, including during non-business hours. 1. For purposes of this provision, "reportable incident" means (1) shooting incident; (2) any incident which involves serious bodily injury or death resulting from any DEA enforcement action by DEA personnel including use of force or deadly force, use of an authorized less-than-lethal (LTL) device, 4 vehicle or foot pursuits, or motor vehicle accidents; (3) any death or serious bodily injury(see below) occurring while in DEA custody or while being taken into custody by a Special Agent (SA) or TFO (including serious bodily injury or death caused by a police canine assigned to a TFO); (4)physical assault; (5) kidnapping or attempted kidnapping of DEA personnel (on- or off-duty), Confidential Sources, or Law Enforcement Officers working on a joint investigation and/or law enforcement operation with DEA; and (6) intentional damage to a DEA facility or DEA conveyance caused by the use of an explosive device, incendiary device, or other vehicle/conveyance. J. Fort Worth Police Department will provide witnesses as needed to authenticate TFO recordings in DEA cases. K. Fort Worth Police Department will inform DEA of the length of time TFO BWC recordings will be retained by the agency before deletion. Fort Worth Police Department will honor any request by DEA to retain the TFO BWC recordings for a longer period of time. L. The Fort Worth Police Department will restrict access to TFO BWC recordings within the agency. M. Fort Worth Police Department will notify DEA immediately of any unauthorized access to TFO recordings discovered by the agency. N. Fort Worth Police Department will cooperate fully with DEA in the investigation of any unauthorized access to or disclosure of TFO recordings, including providing DEA the name(s) of any agency personnel determined by the agency to be involved in unauthorized access, copying, or disclosure. O. Fort Worth Police Department will notify DEA as soon as possible regarding any request or demand for release or disclosure of TFO recordings, including but not limited to subpoenas, discovery demands or motions, open record/freedom of information requests, media requests, or union or other professional association requests. P. Fort Worth Police Department will assist in the redaction of any video or audio portion of TFO recordings as requested by DEA prior to public release unless doing so would violate a federal court order. Redactions will be determined in accordance with the DOJ Policy on the Use of Body-Worn Cameras by Federally Deputized Task Force Officers. 5 For the Drug Enforcement Administration: Date: O Eduardo A. avez Special Agent in Charge Dallas Field Division For the City of Fort Worth: Date: 1 Noak(( Chief of Police City of Fort Worth Date: Jay Chapa Deputy City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY: la"Ve"ze-r- Date: t4�415;�IZ4 Taylor C. Paris Assistant City Attorney FIT 6 F)r ?�P�76 7H,TA ATTESTED BY: Date: �b f��� 4-Kftyser Clio-nzzll2S E*y geere+ftry Ptc-*Vla CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Date: 'a ,-A- Adriana Gonzales Management Analyst I TARV