bay county sheriff’s office (florida) - former 287(g) agreement with ice

8/14/2019 Bay County Sheriffs Office (Florida) - former 287(g) agreement with ICE

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MEMORANDUM OF AGREEMENTThis Memorandum ofAgreement (MOA) constitutes an agreement between the United StatesImmigration and Customs Enforcement (ICE), a component of the Department ofHomelandSecurity (DHS), and the Bay County Sheriffs Office, hereinafter referred to as the "LawEnforcement Agency" (LEA), pursuant to which ICE authorizes up to a maximum of fivenominated, trained, and certified LEA personnel to perfonn certain immigration enforcementfunctions as specified herein. It is the intent of the parties that these delegated authorities willenable the LEA to identify and process immigration violators and conduct criminalinvestigations under the direct supervision ofICE in the County ofBay, Florida. ICE and LEApoints of contact for purposes of this MOA are identified in Appendix A.L PURPOSEThe purpose of his MOA is to set forth the tenus and conditions pursuant to which selected LEApersonnel (participating LEA personnel) will be nominated, trained, and thereafter perfonncertain functions of an immigration officer within the County of Bay, Florida. Nothingcontained herein shall otherwise limit the jurisdiction and powers normaEy possessed byparticipating LEA personnel as members of the LEA. However, the exercise of the immigrationenforcement authority granted under this MOA to participating LEA personnel shaH occur onlyas provided in this MOA. This MOA also describes the complaint procedures available tomembers of the public regarding immigration enforcement actions taken by participating LEApersonnel pursuant to this agreement.II. AUTHORITYSection 287(g) of the Immigration and Nationality Act (INA), also codified at 8 U.S.C. 1357(g), as amended by the Homeland Security Act of 2002, Public Law 107-276, authorizes theSecretary of the Department of Homeland Security, acting through the Assistant Secretary ofICE, to enter into written agreements with a State or any political subdivision of a State so thatqualified personnel can perform certain functions of an immigration officer. This MOAconstitutes such a written agreementIII. POLICYThis MO A sets forth the scope of he immigration officer functions that DIlS is authorizing theparticipating LEA personnel to perform. It sets forth with specificity the duration of theauthority conveyed and the specific lines of authority, including the requirement thatparticipating LEA personnel are subject to ICE supervision while performing immigrationrelated duties pursuant to this MOA. For the purposes of this MOA, ICE officers \\-ill providesupervision for participating LEA personnel only as to immigration enforcement and/orimmigration investigative functions. The Bay County Sheriffs Office retains supervision of allother aspects of the employment of and performance ofduties by participating Bay CountySheriffs Office personnel.


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IV. ASSIGNMENTSBefore participating LEA personnel receive authorization to perfonn immigration officerfunctions granted under this MOA, they must successfully complete mandatory four (4) weektraining. as described in Section VIII, in the enforcement ofFederal immigration laws andpolicies as provided by ICE instructors and thereafter pass examinations equivalent to thosegiven to ICE officers. Only participating LEA personnel who are selected, trained, authorized,and supervised, as set out herein, have authority pursuant to this MOA to conduct theimmigration officer functions enumerated in this MOA.Participating LEA personnel perfonning immigration-related duties pursuant to this MOA willbe LEA officers assigned to the Violent Fugitive Apprehension Squad (VFAS), CriminalInvestigations Section (CIS), A n t i ~ G a n g Unit, Drug Enforcement Unit and Community ActionTeams (CAT). Participating LEA personnel will be exercising their immigration-reIatedauthorities during the course of criminal investigations involving aliens encountered within theCounty of Bay, Florida. Any combination of these officers or others may be assigned and!or colocated as task force officers to assist ICE agents with criminal investigations.The mission of these various LEA assignments are sununarized as follows:Violent Fugitive Apprehension Squad (VFAS): The LEA personnel assigned to the VFAS unitare charged \Vith the responsibility of identifying high-risk felons who are wanted for crimes oroffenses that represent a significant threat to public safety.Criminal Investigation Section (CIS): The LEA personnel assigned to CIS by statute are chargedwith the responsibility of identifying criminal enterprises and other forms of organized criminalactivities.Anti-Gang Unit: The LEA personnel assigned to the anti-gang unit engage in law enforcementactions that are targeted against gang activity.Drug Enforcement Unit: The LEA personnel assigned to various drug enforcement units areinvolved with illegal trafficking in narcotics investigations, quite often they encounterindividuals who may be in the country illegally.Community Action Teams (CAT): The LEA personnel assigned to the Community ActionTeams are officers who have been assigned to these special units and charged with theresponsibility of assisting local authorities in urban areas who have requested assistance due topervasive criminal activity occurring in hot spots within their communities.V. DESIGNATION OF AUTHORIZED FUNCTIONSFor the purposes of this MOA, participating LEA personnel will be authorized to perfonn thefollo\Ving functions pursuant to the stated authorities, subject to the limitations contained in thisMOA:


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The power and authority to interrogate any person believed to be an alien as to his rightto be orremain in the United States (INA 287(a)(1) and 8C.F.R. 287.5(a)(1 and toprocess for immigration violations those individuals who are convicted ofState orFederal felony offenses; The power and authority to arrest without warrant any alien entering or attempting tolmla'Wfully enter the United States, or any alien in the United States, if the officer hasreason to believe the alien to be arrested is in the United States in violation oflaw and islikely to escape before a warrant can be obtained. INA 287(a)(2) and 8 C.F.R. 287.5( c)(1); The power and authority to arrest \vithout warrant for felonies which have beencommitted and which are cognizable under any law of the United States regulating theadmission, exclusion, expulsion, or removal of aliens, if there is reason to believe that theperson so arrested has committed such felony and i f here is likelihood of the personescaping before a warrant can be obtained. INA 287(a)(4) and 8 C.F.R. 287.S(c)(2).Notification of such arrest must be made to ICE within twenty-four (24) hours; The power and authority to serve warrants of arrest for immigration violations pursuantto 8 C.F.R. 287.S(e)(3); The power and authority to administer oaths and to take and consider evidence (INA 287(b) and 8 C.F.R. 287.5(a)(2, to complete required criminal alien processing,including fingerprinting, photographing, and interviewing of aliens, as well as thepreparation of affidavits and the taking of sworn statements for fCE supervisory review; The power and authority to prepare charging documents (INA 239,8 C.F.R. 239.1;INA 238, 8 C.F.R 238.1; INA 241 (a)(5), 8 C.F.R 241.8; INA 235(b)(I), 8C.F .R. 235.3) including the preparation ofa Notice to Appear (NT A) application or

other charging document, as appropriate, for the signature of an ICE officer for aliens incategories established by ICE supervisors; The power and authority to issue immigration detainers (8 C. F.R. 287.7) and 1-213,Record of Deportable/Inadmissible Alien, for processing aliens in categories establishedby ICE supervisors; and The power and authority to detain and transport (8 C.F.R. 287.S(c)(6) arrested aliens toICE-approved detention facilities.


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VI. DETENTION A , . ~ D TRANSPORTAnON ISSUESThe LEA is expected to pursue to completion prosecution of the State or local charges thatcaused the individual to be taken into custody. ICE will assume custody of individuals who havebeen convicted of a State or local offense only after such individuals have concluded service ofany sentence of incarceration. ICE will also assume custody of aliens with prior criminalconvictions and when immigration detention is required by statute. The ICE Detention andRemoval Field Office Director or his designee will assess on a case-by-case basis the appropriateremoval vehicle to be employed and/or whether to assume custody of individuals that do notmeet the above criteria based on special interests or other extenuating circumstances afterprocessing by the LEA. The immigration laws provide ICE Detention and Removal Operations(DRO) with the discretion to manage limited ICE detention resources, and ICE Field OfficeDire\.iors may exercise tllis discretion, in appropriate cases, by declining to detain aliens whosedetention is not mandated by Federal statute.If ICE detennines that it is necessary, the LEA will enter into an Inter-Governmental ServiceAgreement (IGSA) with ICE pursuant to which, the LEA 'Will provide, for a reimbursable fee,detention of incarcerated aliens in LEA facilities, upon the completion of their sentences. TheLEA facility will be expected to meet the ICE detention standards for either a less than 72-houror over 72-hour facility as determined by ICE, and consistent with the anticipated detentionperiod.In addition, if ICE detennines that it is necessary, the LEA will enter into an rGSA with ICE fortransportation of all incarcerated aliens. Pursuant to this transportation IGSA, for a reimbursablefee, the LEA 'Will transport all incarcerated aliens in its facilities, upon completion of heirsentences, to a facility or location designated by ICE.If ICE determines that it is necessary, the LEA will provide ICE, at no cost, with an office withineach participating LEA facility for ICE supervisory employees to work.The parties understand that the LEA will not continue to detain an alien after that alien is eligiblefor release from the LEA's custody in accordance \vith applicable law and LEA policy, exceptfor a period of up to 48-hours, excluding Saturdays, Sundays, and any holiday, pursuant to anICE detainer issued in accordance with 8 C.P.R. 287.7, absent an IGSA in place as describedabove.Upon completion ofprocessing and release from the LEA's affiliated detention facilities of anindividual who participating LEA personnel have detennined to be a removable alien, the alienwill be transported by the LEA on the same day to an ICE designated office or facility, afternotification to and coordination \vith the ICE supervisory officer, so that no further detentioncosts will be incurred by ICE.


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VII. NOMINATION OF PERSONNELThe Bay County Sheriffs Office wiH nominate candidates for initial training and certificationunder this MOA. For each candidate, ICE may request any information necessary for abackground check to include but not be limited to submission of fmgerprints and a personalhistory questionnaire to evaluate a candidate's suitability to participate in the enforcement ofimmigration authorities under this MOA. All candidates must be United States citizens. Allcandidates must have at least two (2) years of LEA work experience. All candidates must beapproved by ICE and must be found eligible for access to sensitive information.The LEA and ICE enter into this MOA in good faith and agree to abide by the terms andconditions contained herein. The LEA agrees to use due diligence to screen individualsnominated for training and agree that individuals who successfully complete the training underthis MOA will perform immigration officer functions authorized under 287(g) for a minimum oftwo (2) years. Any failure by the LEA to fulfill this commitment could jeopardize the terms ofthis MOA and ICE reserves the right to terminate this MOA, suspend participation in the 287(g)training program, or take other appropriate action as necessary.Candidates working with Task Force operations shaH have knowledge of, and have enforced,laws and regulations pertinent to their law enforcement activities and their jurisdictions. Theapplicant's work experience should consist of intervie\\ing witnesses, interrogating subjects,providing constitutional rights warnings, obtaining statements and executing search and seizurewarrants. An emphasis should be placed on officers who have planned, organized and conductedcomplex investigations relating to violations of criminal and civil law. All task force officersmust be swornicertified ofiicers, must possess arrest authority, and must be authorized to carryfirearms.All candidates must be approved by ICE and must be able to qualify for appropriate federalsecurity clearances. Should a candidate not be approved, a substitute candidate may besubmitted if time pennits such substitution to oeeur without delaying the start of training. Anyfuture expansion in the number of participating LEA personnel or scheduling of additionaltraining classes may be based on an oral agreement of the parties, but will be subject to all therequirements of this MOA.


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VIII. TR.AJNING OF PERSONNELICE will provide participating LEA personnel with the mandatory four (4) week training tailoredto the immigration functions to be performed.Training will include, among other things: (i) discussion of he terms and limitations of thisMOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICEUse of Force Policy; (v) Civil Rights laws; (vi) the U.S. Department of Justice "GuidanceRegarding the Use Of Race By Federal Law Enforcement Agencies," dated June 2003; (vii)public outreach and complaint procedures; (viii) liability issues; (ix) cross-cultural issues; and (x)the obligation under Federal law and the Vienna Convention on Consular Relations to makeproper notification upon the arrest or detention of a foreign national.Approximately one year after the participating LEA personnel are trained and certified, ICE mayprovide additional updated training on relevant administrative, legal, and operational issuesrelated to the performance of immigration officer functions, unless ei ther party tenninates thisMOA pursuant to Section XX, below. Local training on relevant issues 'Win be provided on anongoing basis by ICE supervisors or a designated team leader.lX. CERTIFICATION AND AUTHORIZATIONThe ICE Training Division will certify in writing to the ICE Special Agent in Charge and/or theICE Field Office Director in Florida the names of those LEA personnel who successfullycomplete training and pass aU required testing. Upon receipt ofTraining Division certification,the ICE Special Agent in Charge and/or the ICE Field Office Director in Florida will provide theparticipating LEA personnel with a signed authorization to perform specified functions of animmigration officer for an initial period of one year from the date of the authorization. ICE 'Willalso provide a copy of the authorization to the LEA. The ICE supervisory officer, or designatedteam leader, will evaluate the activities of all personnel certified under this MOA.Authorization of participating LEA personnel to act pursuant to this MOA may be revoked atany time by ICE or the LEA. Such revocation will require immediate notification to the otherparty to this MOA. The Sheriffof Bay County and the ICE Special Agent in Charge and/or theICE Field Office Director in Florida will be responsible for notification of the appropriatepersonnel in their respective agencies. The termination of this MOA shall constitute revocationof all immigration enforcement authorizations delegated hereunder.


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X. COSTS AND EXPENDITURESParticipating LEA personnel will carry out designated functions at the LEA's expense, includingsalaries and benefits, local transportation, and official issue material.ICE win provide the instructors and training materials. The LEA is responsible for the salariesand benefits, including overtime, for all of its personnel being trained or performing duties underthis MOA, and for those personnel performing the regular functions of the participating LEApersonnel while they are receiving training. The LEA will cover the costs ofall LEA candidates'travel, housing, and per diem affiliated \ \ith the training required for participation in thisagreement. ICE is responsible for the salaries and benefits of all of its personnel, includinginstructors and supervisors.If ICE determines the training provides a direct service for the Government, and it is in the bestinterest of the Government, the Government may issue travel orders to selected candidates andreimburse travel and per diem expenses only. The LEA remains responsible for paying salariesand benefits of he selected candidates.Subject to the availability of funds, ICE agrees to be responsible for the purchase, installation,and maintenance of technology (computerlIAFIS/Photo and similar hardware/sofuvare)necessary to support the investigative functions of participating LEA personnel at each LEAfacility with an active 287(g) program. The use of this equipment is to be limited to theperformance of responsibilities authorized by this MOA under section 287(g) of he INA byparticipating LEA personnel. ICE also agrees to provide the necessary technological support andsoftware updates for use by participating LEA personnel to accomplish the delegated functions.Such hardware, software, and other technology purchased or provided by ICE, shall remain theproperty onCE and shall be returned to ICE upon termination of this agreement, or whendeemed necessary by the ICE Special Agent in Charge and the ICE Field Office Director inFlorida.The LEA is responsible to provide all administrative supplies, i.e. paper, toner, pens, pencils andother similar items necessary for normal office operations. The LEA is also responsible toprovide the necessary security equipment, i.e. handcuffs, leg restraints and flexi cuffs etc.XI. ICE SUPERVISIONImmigration enforcement activities conducted by the participating LEA personnel \vill besupervised and directed by ICE supervisory officers or the designated team leader in BayCounty, Florida. Participating LEA personnel are not authorized to perform immigration officerfunctions, except when working under the supervision of an ICE officer, or when acting pursuantto the guidance provided by an ICE agent. Participating LEA personnel shall give timely noticeto the ICE supervisory officer within 24 hours of any detainer issued under the authorities setforth in this MOA. The actions ofparticipating LEA personnel will be reviewed by ICEsupervisory officers on an ongoing basis to ensure compliance with the requirements of theimmigration laws and procedures and to assess the need for individual additional training orguidance.


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For purposes of this MOA, ICE officers will provide supervision of participating LEA personnelonly as to immigration enforcement functions and for investigations conducted in conjunction tothis authority. The LEA retains supervision of all other aspects of the employment of andperfonnance of duties by participating LEA personneLIn the absence of a ""TItten agreement to the contrary, the policies and procedures to be utilizedby the participating LEA personnel in exercising these authorities shall be DHS and ICE policiesand procedures, including the ICE Use ofForce Policy. However, when engaged in immigrationenforcement activities, no participating LEA personnel will be expected or required to violate orotherwise fail to maintain the LEA's rules, standards, or policies, or be required to fail to abideby restrictions or limitations as may otherwise be imposed by law.If a conflict arises between an order or direction of an ICE supervisory officer or a DRS or ICEpolicy and the LEA's rules, standards, or policies, the conflict shall be promptly reported to theICE Special Agent in Charge andlor the ICE Field Office Director in Florida, or designees, andthe Bay County Sheriff, or designee, when circumstances safely allow the concern to be raised.The ICE Special Agent in Charge and/or the ICE Field Office Director in Florida and the BayCounty Sheriff shaH attempt to resolve the connict.XII. REPORTING REQUIREMENTSThe LEA will be responsible for tracking and maintaining accurate data and statisticalinformation for their 287(g) program, including any specific tracking data requested by ICE.Upon ICE's request, such data and infonnation shall be provided to ICE for comparison andverification vvith ICE's o\\n data and statistical infonnation, as well as for ICE's statisticalreporting requirements and to assess the progress and success of the LEA's 287(g) program.XIII. LIABILITY AND RESPONSlBILITYIf any participating LEA personnel are the subject of a complaint of any sort that may result inthat individual receiving employer discipline or becoming the subject of a criminal investigationor civil lawsuit, the LEA shall, to the extent allowed by State law, immediately notify ICE of heexistence and nature of the complaint. The resolution of the complaint shall also be promptlyreported to ICE. Complaints regarding the exercise of immigration enforcement authority byparticipating LEA personnel shall be handled as described below.Except as otherwise noted in this MOA or allowed by Federal law, the LEA will be responsibleand bear the costs of participating LEA personnel 'With regard to their property or personalexpenses incurred by reason of death, injury, or incidents giving rise to liability.Participating LEA personnel will only be treated as Federal employees for purposes of theFederal Tort Claims Act, 28 U.S.C. 2671-2680, and worker's compensation claims, 5 U.s.C. 8101 et seq., when performing a function as authorized by this MOA. 8 U.S.C. 1357(g)(7). Itis the understanding of the parties to this MO A that participating LEA personnel will enjoy the


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same defenses and immunities available to ICE officers from personal liability arising from tortlawsuits based on actions conducted in compliance with this MOA. 8 U.s.C. 1357()(8).Participating LEA personnel named as defendants in litigation arising from activities carried outunder this MOA may request representation by the U.S. Department ofJustice. Such requestsmust be made in writing directed to the Attorney General of the United States, and vvill behandled in coordination with the ICE Special Agent in Charge andlor the ICE Field OfficeDirector in Florida. Requests for representation must be presented to the ICE Office of the ChiefCounsel located at 333 South Miami Avenue, Suite 200, Miami, Florida 33130. Any request forrepresentation and related correspondence must be clearly marked "Subject to Attorney-ClientPrivilege." The Office of the Chief Counsel will forward the individual's request, together witha memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit, to theICE Office of the Principal Legal Advisor, which will forward the request, the factualmemorandum, and an advisory statement opining whether such representation would be in theinterest of the United States, to the Director of the Constitutional and Specialized Torts Staff,Civil Division, Department of Justice. ICE will not be liable for defending or indemnifying actsof intentional misconduct on the part of participating LEA personnel.The LEA agrees to cooperate \vith any Federal investigation related to this MOA to the fullextent of its available powers, It is understood that information provided by any LEA personnelunder threat ofdisciplinary action in an administrative investigation cannot be used against thatindividual in subsequent criminal proceedings, consistent with Garrity v. New Jersey, 385 U.S.493 (1967).As the activities of participating LEA personnel under this MOA are undertaken under Federalauthority, the participating LEA personnel will comply with Federal standards and guidelinesrelating to the Supreme Court's decision in Giglio v. United States, 405 U.S. 150 (1972), and itsprogeny, which relates to the disclosure of potential impeachment information about possiblewitnesses or affiants in a criminal case or investigation.XIV. COMPLAINT PROCEDURESThe complaint reporting and resolution procedure for allegations ofmisconduct by participatingLEA personnel, with regard to activities undertaken under the authority of this MOA, is includedat Appendix B.XV. CIVIL RIGHTS STANDARDSParticipating LEA personnel who perform certain Federal immigration enforcement functions arebound by all Federal civil rights statutes and regUlations, including the U.S. Department ofJustice "Guidance Regarding The Use OfRace By Federal Law Enforcement Agencies" datedJune 2003.Participating LEA personnel ""ill provide an opportunity for subjects with limited Englishlanguage proficiency to request an interpreter. Qualified foreign language interpreters win beprovided by the LEA as needed.


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XVI. STEERING COMMITTEEThe ICE Special Agent in Charge andlor, the ICE Field Office Director in Florida, and the BayCounty Sheriff shall establish a steering committee that will meet periodically to review andassess the immigration enforcement activities conducted by the participating LEA personnel andto ensure compliance with the terms of this MOA. The steering colllIIlittee will meetperiodically in Bay County, Florida at locations to be agreed upon by the parties, or viateleconference. Steering committee participants will be supplied with specific information oncase reviews, individual participants' evaluations, complaints filed, media coverage, and, to theextent practicable, statistical information on increased immigration enforcement activity in BayCounty, Florida. An initial review meeting will be held no later than nine months aftercertification of the initial class of participating LEA personnel under Section IX, above.XVII. COMMUNITY OUTREACHThe LEA may, at its discretion, engage in community outreach with individuals andorganiz.ations expressing an interest in this MOA. ICE may participate in such outreach upon theLEA's requestXVIII. RELATIONS WITH THE NEWS MEDIAThe LEA may, at its discretion, communicate the substance of his agreement to organizationsand groups expressing an interest in the law enforcement activities to be engaged in under thisMOA. This MOA also describes the complaint procedures available to members of the publicregarding actions taken by participating LEA personnel pursuant to this agreement.The LEA hereby agrees to coordinate with ICE regarding infonnation to be released to the mediaregarding actions taken under this MOA. All contact \vith the media involving investigationsconducted under this MOA by TFOs will be done pursuant to ICE policy. The points of contactfor ICE and the LEA for this purpose are identified in Appendix C.XIX. MODIFICATION OF THIS MOAModifications to this MOA must be proposed in \vriting and approved by the signatories.XX. DURATION AND TERMINATION OF THIS MOAThis MOA will remain in effect from the date of signing until it is tenninated by either party.Either party, upon written notice to the other party, may terminate the MOA at any time. Atermination notice shall be delivered personally or by certified or registered mail and tenninationshall take effect immediately upon receipt of such notice.

Either party, upon written or oral notice to the other party, may temporarily suspend activitiesunder this MOA when resource constraints or competing priorities necessitate. Notice oftermination or suspension by ICE shall be given to the Bay County Sheriff. Notice of


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termination or suspension by the LEA shall be given to the ICE Special Agent in Charge and theICE Field Office Director in Florida.This MOA does not, is not intended to, shall not be construed to, and may not be relied upon tocreate, any rights, substantive or procedural, enforceable at law by any person in any matter, civilor criminal.By signing this MOA, each party represents it is fully authorized to enter into this MOA, andaccepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to bebound thereto to the fullest extent allowed by law.

,-.-,\ ,'t

t 1,.L ,J_n\ \ ~ ~ ~ ~ ~ JulieL. Myers 'jAssistant SecretaryImmigration and Customs EnforcementDepartment of Homeland Security

Date: .MAt! .22 I ;rCf) 1'_I+ / ) C 4 " ' - f t l ( f ( Q ~

Frank McKeithen, SheriffBay County Sheriff's Office3421 North Highway 77Panama City, Florida 32405


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APPENDIX APOINTS OF CONTACT

The ICE and LEA points of contact for purposes of implementation of this MOA are:For the LEA :

For ICE DRO:

For ICE 01 :

Frank McKeithenSheriffof Bay CountyBay County Sheriffs Office3421 North Highway 77Panama City, Florida 32405(850)747_Adam WingAssistant Field Office DirectorOffice of Detention and Removal500 East Zack Street, 1st FloorTampa, Florida 33602(813) 225 (b)(2)LowBrian DorionProgram ManagerOffice of Investigations2203 N Lois Ave, Suite 600Tampa,(813) 35


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APPENDIXBCOMPLAINT PROCEDURE

This MOA is an agreement between DHSIICE and the Bay County Sheriffs Office, hereinafterreferred to as the "Law Enforcement Agency" (LEA), pursuant to which selected LEA personnelare authorized to perfonn immigration enforcement duties in specific situations under Federalauthority. As such. the training, supervision; and performance ofparticipating LEA personnelpursuant to the MOA, as well as the protections for individuals' civil and constitutional rights,are to be monitored. Part of hat monitoring will be accomplished through these complaintreporting and resolution procedures, which the parties to the MOA have agreed to fonow.The MOA sets forth the process for designation, training, and certification of certain LEApersonnel to perform certain immigration enforcement functions specified herein. ComplaintsfIled against those personnel in the course of their non-immigration duties will remain thedomain of the LEA and be handled in accordance with the LEA's Manual ofPolicy andProcedures, or equivalent rules, regulations or procedures. The LEA will also handle complaintsfIled against personnel who may exercise immigration authority, but who are not designated andcertified under this MOA. The number and type of the latter complaints will be monitored by theSteering Committee established under Section XVI of the MOA.In order to simplifY the process for the public, complaints against participating LEA personnelrelating to their immigration enforcement can be reported in a number of ways. The ICEHeadquarters Office ofProfessional Responsibility (OPR) and the LEA's AdministrativeInvestigations Unit will coordinate complaint receipt and investigation.The ICE OPR ,,'ill forward complaints to the Department of Homeland Security's Office ofInspector General (DHS OIG) as appropriate for review, and ensure notification as necessary tothe U.S. Department of Justice Civil Rights Division (DOJ CRD). The ICE OPR will coordinatecomplaints related to participating personnel with the LEA's Administrative Investigations Unitas detailed below. Should circumstances warrant investigation of a complaint by the DRS OIGor the DOJ CRD, this Vvill not preclude the DHS OIG, DOJ CRD, or ICE OPR from conductingthe investigation in coordination with the LEA's Administrative Investigations Unit, whenappropriate.The ICE OPR will adhere to established procedures relating to reporting and resolvingallegations of employee misconduct, and the LEA's Administrative Investigations Unit willfollow applicable LEA policies and procedures, personnel rules, state statutes, and collectivebargaining agreement requirements.


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2. Review ofComplaintsAll complaints ('-VTItten or oral) reported to the LEA directly. which involve activities connectedto immigration enforcement activities authorized under this MOA, will be reported to the ICEOPR. The ICE OPR will verify participating personnel status under the MOA with theassistance of the Special Agent in Charge of the ICE Office of Investigations in Florida.Complaints received by any ICE entity will be reported directly to the ICE OPR as per existingICE policies and procedures.In all i n ~ 1 a n c e s , the ICE OPR, as appropriate, win make an initial determination regarding DHSinvestigative jurisdiction and refer the complaint to the appropriate office for action as soon aspossible, given the nature of he complaint.Complaints reported directly to the ICE OPR will be shared with the LEA's AdministrativeInvestigations Dnit when the complaint involves LEA personnel. Both offices ,",,11 thencoordinate appropriate investigative jurisdiction, which may include initiation of a jointinvestigation to resolve the issue(s).3. Complaint Resolution ProceduresUpon receipt of any complaint, the ICE OPR will undertake a complete review of each complaintin accordance with existing ICE allegation criteria and reporting requirements. As stated above,the ICE OPR will adhere to existing ICE reporting requirements as they relate to the DHS orGandlor the DOJ CRD. Complaints will be resolved using the existing procedures, supplementedas follows:

A. Referral of Complaints to LEA's Administrative Investigations Unit.The ICE OPR will refer complaints, as appropriate, involving LEA personnel tothe LENs Administrative Investigations Unit for resolution. The Bay CountySheriffwill inform ICE OPR of the disposition and resolution of any complaintsreferred by ICE OPR.B. Interim Action Pending Complaint ResolutionWhenever any participating LEA personnel are under investigation and subject tointerrogation by the LEA for any reason that could lead to disciplinary action,demotion, or dismissal, the requirements of the Bay County Sheriffs OfficePolicy shall be honored. If appropriate, an individual may be removed fromparticipation in the activities covered under the MOA pending resolution of aninquiry.


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C. Time Parameters for Resolution of ComplaintsIt is expected that any complaint received win be resolved within 90 days.However, this will depend upon the nature and complexity of the substance of thecomplaint itself.D. Notification of Resolution ofa ComplaintICE OPR will coordinate with the LEA's Administrative Investigations Unit toensure notification as appropriate to the subject(s) of a complaint regarding theresolution of he complaint.


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APPENDIXCPUBLIC INFORMATION POINTS OF CONTACT

Pursuant to Section XVIII of this MOA. the signatories agree to coordinate any release ofinformation to the media regarding actions taken under this MOA. The points of contact forcoordinating such activities are:

For the LEA:

For ICE:

Public Affairs OfficerRuth Sasser3421 N. Hwy 77Panama City, FL 32405(850) 747-4700Public Affairs Officer Barbara GonzalezOffice ofPublic Affairs and Internal CommunicationU.S. Department of Homeland SecurityU.S. Immigration and Customs Enforcement2203 N Lois Ave, Suite 600Tampa, Florida, 33607(305) 597-6151

bay county sheriff’s office (florida) - former 287(g) agreement with ice

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