LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 6 contracts
Sources: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of federal Federal authority for purposes of determining liability and immunity from suit under federal Federal or state State law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 6 contracts
Sources: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. If any participating AGENCY personnel are the subject of a complaint of any sort that may result in that individual receiving employer discipline or becoming the subject of a criminal investigation or civil lawsuit, the AGENCY shall, to the extent allowed by State law, immediately notify the local point of contact for the ICE Office of Professional Responsibility (OPR) and the SAC/FOD of the existence and nature of the complaint. The resolution of the complaint shall also be promptly reported to ICE. Complaints regarding the exercise of immigration enforcement authority, as specified herein, by participating AGENCY personnel shall be handled as described below. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA AGENCY personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it It is the understanding of the parties to this MOA that participating LEA AGENCY personnel performing a function will enjoy the same defenses and immunities for their in-scope acts that are available to ICE officers from personal liability arising from tort lawsuits based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA AGENCY personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such Such requests must be made in writingwriting directed to the Attorney General of the United States, and will be handled in coordination with the SAC and/or the FOD in JURISDICTION. LEA personnel who wish Requests should be in the form of a written memorandum prepared by the defendant addressing each and every allegation in the complaint, explaining as well as admitting or denying each allegation against the defendant. Requests for representation must be presented to submit a the ICE Office of the Chief Counsel at the ADDRESS. Any request for representation shall notify and related correspondence must be clearly marked “Subject to Attorney-Client Privilege.” The Office of the local Chief Counsel will forward the individual’s request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit, to the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLAAdvisor, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it which will forward the request for representationrequest, any supporting documentationthe factual memorandum, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) whether such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation SectionTorts Staff, Civil Division, Department of Justice (DOJ)Justice. Representation is granted at ICE will not be liable for defending or indemnifying acts of intentional misconduct on the discretion part of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15participating AGENCY personnel. The LEA AGENCY agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee an officer to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA AGENCY agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA AGENCY personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA AGENCY personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA AGENCY personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern relates to the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA AGENCY and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA. The applicable Systems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, ▇▇ ▇▇ ▇▇▇▇▇, dated March 20, 2006.
Appears in 4 contracts
Sources: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 4 contracts
Sources: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA PCSD will be responsible and bear the costs of participating LEA PCSD personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA PCSD personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA PCSD personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA PCSD personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA PCSD personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA PCSD personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating PCSD personnel only to the extent authorized by law. The LEA PCSD agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA PCSD employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA PCSD agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA PCSD personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA PCSD personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA PCSD personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA PCSD and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 3 contracts
Sources: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSMiami, Florida . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 2 contracts
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSMiami Field Office . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.28
Appears in 2 contracts
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSOPLA Address---to be completed by ICE . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.28
Appears in 2 contracts
Sources: Memorandum of Agreement (Moa), Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at . The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 2 contracts
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA HCSO will be responsible and bear the costs of participating LEA HCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA HCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA HCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA HCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by law. The LEA HCSO agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA HCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA HCSO agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA HCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA HCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA HCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA HCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 2 contracts
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA BCSO will be responsible and bear the costs of participating LEA BCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA BCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA BCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA BCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by law. The LEA BCSO agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA BCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA BCSO agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA BCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA BCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA BCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA BCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 2 contracts
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7l 357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)( l ), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function willenjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇, #▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ . The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The initial review meeting betweenICE and the LEA agrees to cooperate with any federal investigation related to this MOA to should be held within approximately 12 months of the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOAMOAs operational date.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA Lake County Sheriffs Office will be responsible and bear the costs of participating LEA LCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA LCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA LCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA LCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA LCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA Lake County Sherifrs Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, 'including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA LCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA Lake County Sheriff's Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA LCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA LCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA LCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA Lake County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA Suwannee County Sheriffs Office will be responsible and bear the costs of participating LEA SCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA SCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA SCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA SCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA uwannee County Sheriff's Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA SCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA Suwannee County Sheriffs Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA SCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA SCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA SCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA Suwannee County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal Federal authority for purposes of determining liability and immunity from suit under federal Federal or state State law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal Federal authority for purposes of determining liability and immunity from suit under federal Federal or state State law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSat: . OPLA Address - to be completed by ICE OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of federal Federal authority for purposes of determining liability and immunity from suit under federal Federal or state State law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇▇ ▇▇▇▇▇▇ ▇▇. Suite 100, Orlando, FL 32803. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA ▇▇▇▇▇▇ County Sheriffs Office will be responsible and bear the costs of participating LEA PCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA PCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA PCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA PCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA PCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA PCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA ▇▇▇▇▇▇ County Sheriffs Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA PCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA ▇▇▇▇▇▇ County Sheriffs Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA PCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA PCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA PCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA ▇▇▇▇▇▇ County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOAthisMOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA Franklin County Sheriffs Office will be responsible and bear the costs of participating LEA FCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA FCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA FCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA FCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA FCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA Franklin County Sheriffs Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA FCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA Franklin County Sheriffs Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA FCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA FCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA FCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA Franklin County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at OPLA Address - to be completed by ICE . The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Drive, West Valley, UT 84119. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA Monroe County Sheriff's Office will be responsible and bear the costs of participating LEA o f p articipating MCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA MCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA MCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA MCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the o f t he United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA MCSO County Sheriff's Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this ofthis MOA. Failure of any participating LEA MCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA Monroe County Sheriff's Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA MCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA MCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA MCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA Monroe County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOAthisMOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA Nassau County Sheriffs Office will be responsible and bear the costs of participating LEA NCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA NCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA NCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA NCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. C.F .R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA NCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA NCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA Nassau County Sherifrs Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA NCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA Nassau County Sheriffs Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA NCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA NCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA NCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA Nassau County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA Highlands County Sheriffs Office will be responsible and bear the costs of participating LEA HCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injuryinju1y, or incidents giving rise to liability. Participating LEA HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7l357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA HCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA HCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstancescircwnstances, such requests must be made in writing. LEA HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇\\-▇▇▇ ▇▇., ▇▇▇. ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA HCSO personnel with the request for representation, including the appropriate approp,iate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA13S7(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA Highlands County Sherifrs Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA HCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA Highlands County Sheriffs Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA HCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA HCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA HCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information infonnation about possible witnesses or affiants in a criminal case or investigation. The LEA Highlands County Sherifrs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Federal Building, ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, MN 55111. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ . The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇. Orla . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement (Moa)
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSOrlando Field Office . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement (Moa)
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating pa11icipating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be willbe treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 810 I et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating pa11icipating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8I357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSBoston, MA. OPLA, through its headquartersheadquaiters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1I) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department Depaitment of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against misconduct and/or violations, as well as any corrective measures it has undertaken. ICE shall provide the LEA with a reasonable oppo11unity to respond to the alleged misconduct and/or violations and to take actions to implement corrective measures (e.g., replace the officer(s) who are the focus ofthe allegations). ICE will provide the LEA timely notice ofa suspension being extended or vacated. If the LEA is working to take corrective measures, ICE will generally not terminate an agreement. The termination of an agreement is generally reserved for instances involving problems that individual are unresolvable and detrimental to the 287(g) Program. If ICE decides to move from suspension to termination, ICE will provide the LEA a 90-day notice in subsequent advance of the partnership being terminated. The notice will include, at a minimum: (1) An overview of the reason(s) that ICE seeks to terminate the 287(g) agreement; (2) All available data on the total number of aliens identified under the 287(g) agreement; and (3) Examples of egregious criminal proceedingsaliens identified under the 287(g) agreement. ICE's decision to terminate a MOA will be published on [CE's website 90 days in advance of the MOA's termination. This MOA does not, consistent with is not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any person in any matter, civil or criminal. By signing this MOA, each pa11y represents it is fully authorized to enter into this MOA, accepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to be bound thereto to the fullest extent allowed by law. For the LEA: ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny▇. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇ ▇▇▇▇▇▇▇ Date: 02/20/2025 Date:--M-a-rc-h 3-, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.202- 0-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.25------- Signatur�'--z:s.,..--- Signature: _ Title:
Appears in 1 contract
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal Federal authority for purposes of determining liability and immunity from suit under federal Federal or state State law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location in writing at ADDRESSOPLA-DCLD- ▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇.▇▇▇ . OPLA, through its headquarters, ICE OPLA will then assist LEA ▇▇▇ personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Drive, Stop C West Valley City, UT 84119-6098 . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.28
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSMiami, Florida . OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.28
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA FCSO will be responsible and bear the costs of participating LEA FCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA FCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA FCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA FCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇ Street, Suite 701, Chicago, IL 60607. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA FCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA FCSO agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA FCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA FCSO agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA FCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA FCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA FCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA FCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA JCSO will be responsible and bear the costs of participating LEA JCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA JCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA JCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA JCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA JCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ / PD-HOU- ▇▇▇.▇▇▇▇@▇▇▇.▇▇▇.▇▇▇. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA JCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating JCSO personnel only to the extent authorized by law. The LEA JCSO agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA JCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA JCSO agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA JCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA JCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA JCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA JCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, F. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA LCSO will be responsible and bear the costs of participating LEA LCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA LCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA LCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA LCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA LCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating LCSO personnel only to the extent authorized by law. The LEA LCSO agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA LCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA LCSO agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA LCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA LCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA LCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA LCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA DeSoto County Sheriffs Office will be responsible and bear the costs of participating LEA DCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA DCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA DCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA DCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA DCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA DCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA DeSoto County Sheriff's Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA DCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA DeSoto County Sheriffs Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA DCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA DCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA DCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA DeSoto County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at Miami Field Office-Orlando, FL Sub-office . The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating pa1ticipating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Tott Claims Act, 28 U.S.C. § 1346(b)(11346(6)(1), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 810 I et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7l 357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities f rom personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8l 357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from f rom activities carried out under this MOA may request representation by the U.S. Department Depattment of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at . The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1l) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOAl 357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. Gadsden County Sheriff Department 4 Revised 02114/2025 The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its ?fits available powers, including providing access to appropriate appl'Opriate databases, personnel, individuals in m custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate coopernte in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating paiticipating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ G;giio v. United States, 405 U.S. 150 (( 1972), and its progeny, which govern the disclosure of potential impeachment im p eachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA MCSO will be responsible and bear the costs of participating LEA MCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA MCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA MCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA MCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating MCSO personnel only to the extent authorized by law. The LEA MCSO agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including powers and to the extent permitted by applicable law. This includes providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA MCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA MCSO agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA MCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA MCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA MCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA Except as specifically provided otherwise in this MOA or any appendices, the MCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. If any participating AGENCY personnel are the subject of a complaint of any sort that may result in that individual receiving employer discipline or becoming the subject of a criminal investigation or civil lawsuit, the AGENCY shall, to the extent allowed by State law, immediately notify the local point of contact for the ICE Office of Professional Responsibility (OPR) and the SAC/FOD of the existence and nature of the complaint. The resolution of the complaint shall also be promptly reported to ICE. Complaints regarding the exercise of immigration enforcement authority, as specified herein, by participating AGENCY personnel shall be handled as described below. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA AGENCY personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it It is the understanding of the parties to this MOA that participating LEA AGENCY personnel performing a function will enjoy the same defenses and immunities for their in-scope acts that are available to ICE officers from personal liability arising from tort lawsuits based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA AGENCY personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such Such requests must be made in writingwriting directed to the Attorney General of the United States, and will be handled in coordination with the SAC and/or the FOD in JURISDICTION. LEA personnel who wish Requests should be in the form of a written memorandum prepared by the defendant addressing each and every allegation in the complaint, explaining as well as admitting or denying each allegation against the defendant. Requests for representation must be presented to submit a the ICE Office of the Chief Counsel at the ADDRESS. Any request for representation shall notify and related correspondence must be clearly marked “Subject to Attorney-Client Privilege.” The Office of the local Chief Counsel will forward the individual’s request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit, to the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLAAdvisor, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it which will forward the request for representationrequest, any supporting documentationthe factual memorandum, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) whether such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation SectionTorts Staff, Civil Division, Department of Justice (DOJ)Justice. Representation is granted at ICE will not be liable for defending or indemnifying acts of intentional misconduct on the discretion part of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15participating AGENCY personnel. The LEA AGENCY agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee an officer to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA AGENCY agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA AGENCY personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA AGENCY personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA AGENCY personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern relates to the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA AGENCY and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA. The applicable Systems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, 71 FR 13987, dated March 20, 2006.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted otherwiseenoted in this MOA or allowed oreallowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA SCSO will be responsible and bear the costs of participating LEA theecosts ofparticipating SCSO personnel regarding their with regard toetheir property or personal orepersonal expenses incurred by reason of death, injury,einjury, or incidents giving rise to riseeto liability. Participating LEA personnel will be treated as Federal employees for purposes of ParticipatingeSCSOepersonnelewillebeetreatedeasetfederaleemployeeseonlyeforepurposeseof the Federal Tort FederaleTort Claims Act, 28 U.S.C. § 1346(b)(128eU.S.C. §e1346(b)(l), 2671-2680, and worker’s compensation worker'secompensation claims, 5 U.S.C. § 8101 U.S.C.e§ 810eI et seq., when performing a function on behalf of ICE onebehalfofICE as authorized by byethis MOA. See 8 U.S.C.e§ 1357(g)(7); 28 U.S.C.e§ 2671.eIneaddition, it isethe understanding of the parties to this MOAethateparticipating SCSO personnelewilleenjoy the same defenses andeimmunitiesefrom personaleliabilityeforetheirein-scopeeactsethateareeavailableetoeICEeofficersebasedeoneactions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8§e1357(g)(8). Participating LEA SCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA SCSO personnel who wish to submit a request for representation shall notify the local ICE Office ofethe ChiefCounsel at ▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇ Street, Suite 701, Chicago, IL 60607. The Office ofthe Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of hisofhis/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the ofthe United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. C.tf.R. § 50.15. The LEA TheeSCSO agrees to cooperate with any federal investigation related to this MOA to Federal investigationerelatedeto thiseMOAeto the full extent of its fulleextent ofits available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure documents.eFailure to do so may result in the termination of this theetermination ofthis MOA. Failure of any participating LEA employee to anyeparticipating SCSO employeeeto cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate mayeresultein revocationeof sucheindividual'seauthorityeprovidedeunderethiseMOA.eTheeSCSO agreesetoecooperateewithetfederalepersonneleconductingereviewsetoeensureecomplianceewithethe termseofethiseMOAeandetoeprovideeaccessetoeappropriate databases, personnel, and documents ,epersonnel,eandedocuments necessary to complete toecomplete such compliance review. It is understood that information iseunderstood thateinformation provided by any LEA personnel under byeany SCSOepersonneleunder threat of disciplinary action in an administrative investigation cannot be used against ofedisciplinaryeactionein aneadministrativeeinvestigationecannotebe usedeagainst that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ inesubsequentecriminaleproceedings,econsistent witheGarrity v. New Jersey, 385 U.S. 493 (1967385eU.S.e493e(1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Seattle WA 98174 Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA▇▇▇ ▇▇▇ ▇▇▇ # ▇▇.▇ ▇▇▇▇, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(71357(g) 7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating Pmticipating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort To1t Claims Act, Act 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s workeres compensation claims, 5 U.S.C. § 8101 §e8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 8e U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personale liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted ine compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). 1357(g)(8).e Participating LEA personnel named as personalper ▇▇▇▇-capacity ▇▇▇▇▇▇▇▇ defendants in litigation arising from activities carried out oat under this thi MOA may request representation by the U.S. Department Depaitment of Justice. See 28 C.F.R. .F.R. § 50.15. Absent exceptional circumstances, such requests must mu t be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Room 1600, Baltimore, MD 21201 . The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1I) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; )" and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. Carroll County Sheriff's Office-Maryland 4 Revised 02/15/2025 The LEA agrees to cooperate with any federal investigation Federal investigatioil related to this thi MOA to the tbe full extent of its ofits available powers, including providing access to appropriate databases, databa es personnel, individuals in custody and documentsdocument . Failure FailLu·e to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such ofsuch individual’s 's authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews re iews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood under tood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, Jersey 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelin s relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United StatesState·, 405 U.S. 150 (1972), and its progeny, which govern the disclosure disclo ure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS §552a OHS Privacy Act regulations, 6 C.F.R. .F.R. §§ 5.20-5.36, 5.36 as applicable, and related r lated system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location in writing at ADDRESSOPLA-DCLD- ▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇.▇▇▇ . OPLA, through its headquarters, ICE OPLA will then assist LEA ▇▇▇ personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Federal Building, ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, MN 55111. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.28
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA INITIALS will be responsible and bear the costs of participating LEA INITIALS personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA INITIALS personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA INITIALS personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA INITIALS personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA INITIALS personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at OCC ADDRESS. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA INITIALS personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating LEA INITIALS personnel only to the extent authorized by law. The LEA INITIALS agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA INITIALS employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA INITIALS agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA INITIALS personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA INITIALS personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA INITIALS personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA INITIALS and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA BCSO will be responsible and bear the costs of participating LEA BCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA BCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA BCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA BCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA BCSO agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA BCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA BCSO agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA BCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA BCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA BCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA BCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of federal Federal authority for purposes of determining liability and immunity from suit under federal Federal or state State law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESS▇▇▇ ▇▇▇ ▇▇▇▇▇▇ Drive SW, Suite 332, Atlanta, GA 30303. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal Federal authority, the participating LEA personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA ▇▇▇▇▇▇ County Sheriffs Office will be responsible and bear the costs of participating LEA TCSO personnel regarding with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA TCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA TCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE authorized by actions conducted in compliance with this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA TCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA TCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇., Ste. 100, Orlando, FL 32803 (Phone: ▇▇▇-▇▇▇-▇▇▇▇). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at ADDRESS. OPLA), through its headquarters, which will assist LEA TCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. C.F .R. § 50.15. The LEA ▇▇▇▇▇▇ County Sheriffs Office agrees to cooperate with any federal Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA TCSO employee to cooperate in any federal Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The LEA ▇▇▇▇▇▇ County Sheriffs Office agrees to cooperate with federal Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA TCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 ▇▇▇ ▇.▇. ▇▇▇ (1967), and its progeny. As the activities of participating LEA TCSO personnel under this MOA derive from federal are undertaken under Federal authority, the participating LEA TCSO personnel will comply with federal Federal standards and guidelines relating to the Supreme Court’s 's decision in ▇▇▇▇▇▇ v. United States▇▇▇▇▇▇ ▇▇▇▇▇▇, 405 U.S. 150 ▇▇▇ ▇.▇. ▇▇▇ (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA ▇▇▇▇▇▇ County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding with regard to data collection and use of information under this MOAsMOA.
Appears in 1 contract
Sources: Memorandum of Agreement
LIABILITY AND RESPONSIBILITY. Except as otherwise noted in this MOA or allowed by federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel regarding their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE authorized by this MOA will be considered acting under color of federal authority for purposes of determining liability and immunity from suit under federal or state law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at ADDRESSMiami, Florida. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating LEA employee to cooperate in any federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The LEA agrees to cooperate with federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with ▇▇▇▇▇▇▇ v. New Jersey, 385 U.S. 493 (1967), and its progeny. As the activities of participating LEA personnel under this MOA derive from federal authority, the participating LEA personnel will comply with federal standards relating to the Supreme Court’s decision in ▇▇▇▇▇▇ v. United States, 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. § 552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices regarding data collection and use of information under this MOA.
Appears in 1 contract
Sources: Memorandum of Agreement