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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:
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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).
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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,
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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.
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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
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ATTESTED BY:
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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
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