HomeMy WebLinkAboutResolutions - 2019.01.24 - 30963MISCELLANEOUS RESOLUTION #19014 January 24, 2019
BY: Commissioner Gary McGillivray, Chairperson, Public satety and Social Justice Committee
IN RE: SHERIFF'S OFFICE — FY2019 VIOLENT OFFENDER TASK FORCE (VOTF) — GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriffs Office will receive approximately $40,000 in reimbursement funding for the Violent
Offender Task Force (VOTF) from the United States Marshals Service (USMS) for the period of October 1,
2018 through September 30, 2019; and
WHEREAS this funding will be used for the reimbursement of overtime for Oakland County Sheriff's Office
(OCSO) Deputies assigned to the VOTF for the investigations and arrests of individuals who have active
state and federal warrants, thereby improving public safety and reducing violent crime; and
WHEREAS no county match is required; and
WHEREAS the agreement has completed the Grant Review Process in accordance with the Board of
Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
receipt of reimbursement funding in the not to exceed amount of $40,000 from the United States Marshals
Service for the period of October 1, 2018 through September 30, 2019.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute
the agreement and to approve any extensions or changes, within fifteen percent (15%) of the original award,
which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this funding does not obligate the County to any future
commitment and continuation of this program is contingent upon future levels of reimbursement funding.
BE IT FURTHER RESOLVED a budget amendment is not required at this time.
Chairperson, on behalf of the Public Safety and Social Justice Committee, I move adoption of the foregoing
resolution.
Commissihner Gary MaGillivray, District #J0
Chairperson, Public Safety and Social Justice
Committee
PUBLIC SAFETY AND SOCIAL JUSTICE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Hoffman absent.
GRANT REVIEW SIGN OFF — Sheriff's Office
GRANT NAME: FY2019 Violent Offender Task Force (VOTF)
FUNDING AGENCY: United States Marshals Service (USMS)
DEPARTMENT CONTACT PERSON: Stephanie Ochadleus, 858-0692
STATUS: Grant Acceptance
DATE: December 5, 2018
Pursuant to Misc. Resolution #17194, please be advised the captioned grant materials have
completed internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance
Committee Fiscal Note, and this Sign Off email containing grant review comments) may be
requested to be placed on the appropriate Board of Commissioners' committee(s) for grant
acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (12/3/2018)
Department of Human Resources:
HR Approved (No HR Committee) — Lori Taylor (12/4/2018)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (12/412018)
Corporation Counsel:
Approved by Corporation Counsel. — Sharon M. Barnes (12/4/2018)
Date: bi--a? Lx?Loyg
U.S. Department of Justice
Joint Law Enforcement Operations Task Force
United States Marshals Service Obligation Document
MSTRUCTIONS: See last page for detailed instructions_
DOCUMENT CONTROL #:
$E 019iyAR1407,41Prg AGFNCT,ES
Notification to state and local agencies of funding provided in support of Joint Law Enforcement Operations, pursuant to the
Memorandum. of Understanding (MOU) between:
Oakland County Sheriff
and
Eastern District of Michigan (39)
All other terms and conditions of the MOU remain the same.
October I, 2018 to ' September 30, 2019
EcTIPN yi.F.FROgRIATI[OMDATA-
FISCAL YEAR ORGANIZATION FUND PROJECT SOC / PURPOSE DOLLAR AMOUNT
AFF43-0P J.L.H0:111"FF ir,Ht/Aatturale
Total Obligation Amount:
540,000,00
540,000_00
2019
D39
CTION5'?)70Clill119/TOF9BLIGATION
;OP c',40016:1CO$11:API:r,INFORMATION
DISTIRICT/RPTV CONTACT: STATE/LOCAL CONTACT:
Name: Aaron Garcia Name: Joe Quisenberry
phone: 313-234-5671 Phone: 24S4S8-0692
E-mail: aaron.garciaAusdoj.gov suisenberryigoakgov,com
,
USMS Representative.. Certification of Funds:
Signature: LESLIE REI SS Digkoyesocany man REISS
Mum 2018.1133 015250 Date:
[Type Name and Titiej
Chief Deputy or RTTF Commander - Obligation Approval:
Signature: JOSEPH ABDULLAII Dieu* iignd by JOSEPH AB DUI. LAN
12•As: 2011.111S 0914306 .000' Date:
[Type Name and Title]
Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Annual overtime for each state or local law enforcement
officer is capped at the equivalent of 25% of a GS-I811-12, Step], of the general pay scale for the RUS. Reimbursement for all types of qualified
expenses shall be contingent upon ctvailability of funds and the submission of a proper request for reimbursement which shall be submitted monthly
or quarterly on a fiscal year basis, and which provides the names of the invesrigcrtors who incurred overtime for the Task Force during the a:Jorrer:
the number of overtime hours incurred, the hour1 regular and overtime rates in effect for each investigator
Form USM-607
Page 1 of 2 Rev. 00/16
FORM USIVI-607 INSTRUCTIONS
The joint Law Enforcement Operations Task Force Obligation Document is designed to provide district and regional fugitive task
forces with one standard obligating form to record new obligations in UFMS. To adjust funding in an existing obligation, please refer
M Faun USM-607A, joint Law Enforcement Operations Task Force Modification Document. Funding in support of the JLEO
mission is pursuant to the existing Memorandum of Understanding (MO1U) between the USMS and the JLE0 participant.
Reimbursements are subject to the availability of fends and contingent upon the submission of proper documentation. Please note
that overtime reimbursements require the submission of agency invoices and supporting documentation on a quarterly basis.
In the event that the USMS will use a payment method OTHER than reimbursement directly to the state or local agency, additional
guidance will be provided by USMS Headquarters. The district or RFTF office is responsible for communicating payment procedures
to their partnering agencies. All payments are made via Electronic Funds Transfer (EFT) through the U.S. Department of Treasury.
SECTION l eObligation Number,
A. Enter UFMS Document Control Number.
SECTION 2: Participating Agencies
A. BOX 1: Enter name of state Or local JLEO participating agency.
B. BOX 2: Use drop down menu to select appropriate USMS Distriet/RFTF.
SE ION 3: Period of Performance
A, Insert valid period of performance for the obligation. Obligations created using the one-page 'LEO Task Force Obligation
Form may not cross fiscal years. If there is a need to cross fiscal years, please utilize a Purchase Order for the obligation.
B. Period of perfonnance must begin no earlier than The date of fends availability (provided by tOD and the Asset Forfeiture
Division) and end no later than September 30 of the following calendar year.
SECTION ete Appropriation Data
A. Enter information across appropriate field for all items being obligated_ All fields for a line item must be completed in order to
proceed to the next step.
B. Project Codes: District task force obligations are funded under the JLEOTFS4 project code for a JLE0 obligation. RFTF
project codes have been assigned by region and will be entered by Headquarters TOD staff.
SECTION 5: Description of Obligation
A. Enter description of obligation (optional). Include any pertinent information such as number of TFO vehicles, for example.
SECTION 6: Contact Information
A. Enter District/RFTF contact information (Box 1) and State/Local contact information (Box 2).
SECTION 7: Authorization
A. Certification of Funds: Signature will be applied by USMS District official or IOD representative (RFTF) after the Asset
Forfeiture Division has confirmed that funds have been moved into the budget.
B. Obligation Approval: Signature will be applied by District or RFTF representative upon receipt of obligation document. To
ensure sufficient internal controls and wpm segregation of duties, the districtiRFTF representative approving obligation
forms cannot also approve invoices or reimbursements related to the same obligation, (See U.S. Office of Management and
Budget (OMB) Circular A-123 and USMS Office of Finance guidance for further information regarding internal conteols.)
C. Aclmowledgement: Signature will be applied by state or local agency representative. The obligation is not valid until all
patties have signed. When completed, the form will be returned to the DistrictiRFTF office. Districts are responsible for
entering obligations into UFMS. RFTF obligations will be forwarded to Headquarters IOD to be entered into UFMS.
Form USM-607 Page 2 of 2 Rev. 03/16
United States Marshals Service
Violent Offender Task Force - Memorandum of Understandin
PARTIES AND AUTHORITY:
This Memorandum of Understancring (MOU) is entered into by the
OA L AND Co wxr,1 SHEro.-FF
and theUnited States Marshals Service (USMS) ptusuant to 28 U.S.C. § 566(e)(1)(3). As set forth in the Presidential Threat
Protection Act of 2000 and directed by the Attorney General, the USMS has been granted authority to direct and coordinate
permanent USMS Violent Offender Task Forces eonsis ling of Federal, St*, and local law enforcement authorities forthe purpose of
locating and eppreliencfmg fugitives. The authority of the USMS to investigate fugitive matters as directed by the Attorney General is
set forth inn USC § 566. The Directors authority to dhect and supervise all activities of the USMS is set forth in 22 USC § 561(g)
and 22 CFR 0.111. The authority of United States Marshals and Deputy U.S. Marshals, "in executing the laws of the United States
within a State .. Itojexercise the same powers which a sheriff of the State may exercise in executing the laws thereof' is set forth in
28 USC § 564. Additional authority is derived from 18 USC § 5053 and Office of Investigative Agency Policies 2 at 15. (See also)
"Memorandum forHoward M. Shapiro, General Counsel, Federal Bureau of Investigation" concerning the "Atithorily to Pursue Non-
Federal Fugitives'', issued by the U.S..Department of Justice, Office of Legal Counsel, dated February 21, 1995. (See also)
Memorandum concerning the Authority to Pursue Non-Federal Fugitives, issued by the USMS Office of General Counsel, dated
May, I, 1995. (See also) 42 U.S.C. § 16944(a)(the Attorney General shall use the resources of federal law enforcement, including the
United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender
registration requirements).
MISSION:
The primary mission of the task force is to investigate and arrest, as part ofjeiet law enforcement operations, persons who have
active state and federal wairants fortheir arrest The intent of the joint effort is to investigate and apprehend local, state and federal
fugitives, thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for
investigation by the -VOTF (Violent Offender Task Force). Cases will be adopted by the VOTF at the discretion of the District Chief
Deputy. Targeted crimes will primarily include violent crimes against persons, weapons offenses, felony drug offenses, failure re
register as a: sex offender, and crimes committed by subjects who have a criminal history involving violent crimes, felony dreg
offenses, and/or weapons offenses. Upon receipt of a written request, the VOTF may also assist non-psznicipating law enforcement
agencies in investigating, locating and westing their fugitives. Task force personnel will be assigned federal, stare, and local fugitive
cases for investigation. Investigative teams will consist of personnel from different agencies whenever possible. Participating
agencies retain responsibility for the cases they refer to the VOTF.
Federal fugitive cases referred to the task force for investigation by any pintleipating agency will be entered into the National Crime
Information Center (NC1C) by the USMS or originating agency, as appropriate. State or local fugitive cases will he entered into
NCIC (and other applicable state or local lookout systems) as appropriate by the concerned state Or 10=1 agency.
SUPERVISION:
The VOTF will consist of law entreat:mat and administrative personnel from federal, state, and local law enforcement agencies.
Agency personnel must be approved by the Di strict Chief Deputy prior to assignment to the VOTF. Agency personnel may be
removed at any time at the discretion of the District Chief Deputy.
•
Direction and coordination of the VOTF shall be the responsibility of the USMS District Chief Deputy. Administrative matters which
are internal to the participating agencies remain the responsibility of the respeceve agencies. Furthermore, mob agency =mins
responsibility for the conduct of its personnel.
A Task Force Advisory Committee, consisting of reprnseatativ' es of participating agencies and USMS district personnel, may be
established at the discretion ofthe District Chief Deputy and will meet and confer as necessary to review and address issues
concerning operational mane= within the VOTF.
Page lof 3 Rev. 02,2018
PERSONNEL:
In accordance with Homeland Secuxity Presidential Directive 12, personnel assigned to the task force are required to undergo
background investigations in order to be provided unescorted access to USMS ofices, records, and computer systems_ The USMS
shall bear the costs associated with those investigations. Non-T.ISMS law enforcement officers assigned to the task force will be
deputized as Special Deputy U.S. Marshals.
Task force personnel may be require' d to travel outside of the jutisdiction to which they are normally assigned in furtherance of task
force operations. State or local task force officers (MOs) traveling on official business at the direction ofthe USMS shall be
reimbursed directly by the USMS for their travel expenses in accordance with applicable federal Jaws, rules, and regulations.
REEMBURSEKENT:'
If the Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred by state and local investigators who provide
full time support to USW VO'TF joint law enforcetaent task forces; 0r2) travel, training, purchase or lease of police vehicles, fuel ;
supplies or equipment for state and local investigators in direct support of state and local investigators, the USMS sball, pending
availability of funds, reimburse your organization for expenses incurred, depending on which category of funding is provided.
Reimbursement of overtime work shall be consistent with the Fair -Labor Standards Act. Annual overtime for each state or local law
enforcement officer is capped at the equivalent of 25% of a 05.1811-12, Step 1, of the general pay scale forthe RUS.
Reimbursement thrall types of qualified expenses shall be contingent upon availability of funds and the submission of a proper
request forreirobursementwhich shall be submitted quarterly on a fiscal year basis, and which provides the names of the
investigators who incurred overtime for the VOTF during the quarter; the number of overtime home incurred, the homey regular and
overtime 'week effect for each investigator, and the total quarterly cost_
The request for reimbursement must be submitted to the District Chief Deputy, v,,ho will review the request for reimbursement, eiamp
and sign indicating that services were received and that the request forreimbutsement is approved for payment. Supporting
documentation mast accompany requests for reimbursement for equipment, supplies, training, fuel, and vehicle leases.
VEIIICLES:
Pending the availability of asset forfeiture funding, the USMS may =quire vehicles to be utilized by state aid local investigators
assigned To the VOTF. Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of
VOTP operations. The vehicles must be available for exclusive use of the TFOs assigned to the VOTF by The undersigned participant
agency for the duration of the agency's participation on the task force. If the agency is no longer a participaeng member of the
VOTF, any vehicle pnavided to TFOs from the agency must be returned to the USIVIS. Operators of USMS-provided vehicles must
adhere to USMS policy regarding the use of government owued vehicles. Any violation of the USMS vehicle policy may result in
the vehicle being repossessed by the USMS and the operator and/or agency forfeiting the opportunity to utilize a USMS-provided
vehicle in the future. Vehicles provided to state and local investigators may be subject to additional regulations or restrictions
ptesuant to USMS lease agreements. Replacement or removal of any vehicle provided by the USMS will be at the discretion of the
USMS and/or subject to lease agreement terms.
EQUIPMENT:
Pending the availability of Asset Forfeiture funding, the USMS may purchase equipment for state and local investigators assigned to
the VOTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of VOTE operations.
The equipment must be available for exclusive use ofthe TFOs assigned to the varF by the undersigied participant agency for the
duration of the agency's participation on the task force. If the agency is no longer a participating member of the VOTF, any
equipment purchased with Asset Forfeiture and provided to TFOs front the agency may be retained by the agency.
Equipment provided by the USMS that is not purchased using Asset Forfeiture funding remelts the property of the USMS and will be
issued to state and local investigators for exclusive use in support of the VOTE. If -the investigator or agency is no longer a
participating member of the VOTF, any equipment issued that was not purchased with Asset Forfeiture funding will be returned to
the USIvIS.
RECORDS AND REPORTS
Original reports of ievestigation, evidence, and other investigative materials generated, seized, or collected by the VOTF shall be
retained by the agency in the VOTF responsible for the case. However, evidence may be turned over to other law enforcement
agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with
applicable laws, rules, and regulations. Task force statistics will be maintained in the USM.S Justice Detainee Infbrmation System
(MIS) - Wan-ant Deformation Network (WIN). Statistics will be made available to any participating agency upon request.
Page 2 of 3 Rev- 02/2018
Participant Agency Representative:
Print Name and Title:
Michael I. Bouchard
Assistant:Director, InvestigativeOperationa
Print Name:. Signature: Date:
INFORMANTS:
Pending the availability offends, the USMS may provide funding for the payraextormforments, However, all payments of
informants utility- rg TISMS funding shall comply with USMS policy.
USE OF FORCE:.
All Menthe% of the you. wilkeonaply with their agencies' gui46.1t,ies concern.* the use afirearins, deadly. force, and less-than
lethal devices, to include completing all ilecessary trainin- g and Certification rerjniretnents, All members of the VOTFand theiroarent
agencies will r.pad and adhere totheDOSPolicy Sleternent on the Use of LesS ,Than-Lethal Devices, dated May 16, 2.1)11. Copies of
all applidahle firearms, deadly for ot, arid Iess-tban-lethal policies shall be provided to the District Chi efDeputy and each c oncerned
TFO. Lathe event .Of a.Shoetinginvolvitig taskforte personnel, the incident wit be inVeati gated by the appropriate. agency(s).
Addftionally,.in the event of aihooting„ the.required reporting for the FBI National UserofForee-Data Collection (NUOFDC) should
be accoMplished by the itivolVed.task farce personnel's employing, Agency when the TFOis inside their primaryiphysical jurisdiction
and by the USPIS When the TEO ia ontaide their employing ageneY'alprimarylpiwsical, jurisdiction. Ifthe emplOying a gency WiSiltS to
'submit snob. NUOFDC 'entries regatdless of the physical lOcation of the oteM that is allowed'underthMOU With prior written
notice tothe USMS.
NEWS MEDIAt.
Media inquires will bereferrertto the District ChiefDepaty A press release 'nay be issued and press conference held, upon
agreement and through coordination, with participant a gencies' representatives. All press r.eleases will. exclusively make reference to
the task force.
RELEASE OF LtA.BILITYz
Each agency shall be fortheacts or omissions outs employees. Participating agencies or their employees shalln.ot be
considered.as-the.agents"ofany nther participating ageney. Nothing herein waives or limits soverei gn immunity under federal or-state
statutoryor .Coastituftenal law;
EFFECTIVE- DATE.AISII TERMINA.TION:
This MOU Isla:arid once signed bra law enforcement participant a gency:. Participating agencies Ina.y withdraw theii-participation
after providing 30 days 'advanced written notice to the District Chief Deptity'tt.S.: Marshal.,
District:
Eastern District.alkclaigart
United States Marshal:
Print Name:
Robert M. Grubbs
Participant Agency:
Signature: en,71,11<i Date: g t ff
Name: Ttone:
Oakland County Sheriff's 'Office (248) 358-5001
Location (cirr ancatirkA.
1200N. Telegrapia RA; Birilding 3g East; Pontiac, IX 4334 I
Page3 o13 Rev. 02/2078
Resolution #19014 January 24, 2019
Moved by Gingell seconded by Jackson the resolutions on the amended Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Gingen, Hoffman, Jackson, Kochenderfer, KowaII, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Taub, Weipert, Woodward, Zack,
Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted
(with accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
AMMO PURSUANT TO MCL f
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 24,
2019, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 24th day of January, 2019.
*P-Z}
Lisa Brown, Oakland County