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HomeMy WebLinkAboutOrdinance No. 16, 461 (Item 7.e.)ORDINANCE NO. 16,461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE A MEMORANDUM OF UNDERSTANDING BETWEEN THE BAYTOWN POLICE DEPARTMENT, HOUSTON POLICE DEPARTMENT, HARRIS COUNTY SHERIFF'S OFFICE AND FEDERAL BUREAU OF INVESTIGATION TO DEDICATE PERSONNEL TO MULTI -JURISDICTIONAL RESPONSE TO IMPROVISED EXPLOSIVE DEVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to Attest to a Memorandum of Understanding between the Baytown Police Department, Houston Police Department, Harris County Sheriff's Office and Federal Bureau of Investigation to dedicate personnel to multi jurisdictional response to improvised explosive devices. A copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 141h day of Mav, 2026. RAOrdinances and Resolutions`Ordinance Drafts '2026-05-14 Ord-BPD HPD HCSO FBI Bomb MOU-SL.docx EXHIBIT "A" (U//FOUO//LES) MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND HOUSTON POLICE DEPARTMENT HARRIS COUNTY SHERIFF'S OFFICE BAY AREA REGIONAL BOMB SQUAD FOR A MULTI -JURISDICTIONAL RESPONSE TO IMPROVISED EXPLOSIVE DEVICES (U) This Memorandum of Understanding (MOU) is being executed between the Federal Bureau of Investigation (FBI) and Houston Police Department, Harris County Sheriffs Office, and Bay Area Regional Bomb Squad (hereinafter, "parties"). 1) PURPOSE a) (U) The purpose of this MOU is to document the agreed responsibilities, functions, and procedures of the parties when joint investigative interests and/or jurisdiction exists with respect to responding to public safety risks from improvised explosive devices (defined for this MOU as explosive materials/devices, suspected explosive materials/devices, and/or weapons of mass destruction devices). b) (U) The MOU will enhance the effectiveness of federal/state/local/tribal law enforcement resources through well -coordinated initiatives that seek the most effective avenues by which to ensure public safety and support the prosecution of individuals involved in illegal explosive - related activities. c) (U) This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise, among or against any of the parties, their parent agencies, the United States, or the officers, employees, agents, or other associated personnel thereof. 2) PARTIES a) (U) This MOU is entered into by the FBI's Houston Field Office and Houston Police Department, Harris County Sheriff's Office, and Bay Area Regional Bomb Squad (hereinafter, "the parties"). b) (U) Each party will designate an individual, who is a certified bomb technician, to serve as a MOU Coordinator for implementing this MOU. These individuals will be responsible for disseminating information, scheduling meetings, proposing training events, and delegating or coordinating other tasks as necessary to fulfill the goals and objectives of this MOU. c) (U) The Special Agent in Charge of the Houston Field Office is responsible for administering this agreement for the FBI and has designated the Assistant Special Agent in Charge of Branch 2, as the FBI's supervisory point of contact for this purpose. i) (U) The Houston Field Office further designates its Special Agent Bomb Technician (SABT) Team Leader as its MOU Coordinator. (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs d) (U) The Chief of Police of the Houston Police Department (HPD), is responsible for administering this agreement for the HPD and has designated its Bomb Squad Commander as HPD's point of contact for this purpose. i) The HPD further designates its Bomb Squad Commander as its MOU Coordinator. e) (U) The Sheriff of the Harris County Sheriff's Office (HCSO), is responsible for administering this agreement for the HCSO and has designated its Bomb Squad Commander as HCSO's point of contact for this purpose. i) The HCSO further designates its Bomb Squad Commander as its MOU Coordinator. f) (U) The Chief of Police of the Baytown Police Department, is responsible for administering this agreement for the Bay Area Regional Bomb Squad (BARBS) and has designated its Bomb Squad Commander as BARBS' point of contact for this purpose. i) The BARBS further designates its Bomb Squad Commander as its MOU Coordinator. 3) AUTHORITIES a) Title 28, United States Code § 533 (Investigative and Other Officials; appointment); 34 U.S.C. § 10211 (Training and Manpower Development); 28 C.F.R. § 0.85 (General Functions, Director, FBI), 0.85(1) (Primary Jurisdiction in Terrorism Matters); 18 U.S.C. § 3107 (Services of Warrants and Seizures by FBI); 18 U.S.C. § 3052 (Powers of the FBI). 4) SPECIFIC RESPONSIBILITIES a) GENERAL i) (U) The parties will share overall management and implementation responsibilities concerning this MOU, but final resolution of MOU-related issues will reside solely with the FBI Special Agent in Charge of the Houston Field Office. ii) (U) In general, command authority regarding operational responses under this MOU shall be vested with the agency or agencies having primary investigative jurisdiction. However, direction of personnel acting under Federal authority pursuant to this MOU shall be vested with the FBI. iii) (U) Each participant will continue to report to his or her respective agency head for matters not detailed in this MOU and will be subject to the personnel rules, regulations, laws, and policies applicable to those agencies. b) PERSONNEL AND EQUIPMENT i) (U) The parties will share available personnel, equipment, resources, and expertise in the FBI Houston Field Office's area of responsibility, regarding Render Safe Procedures (RSPs) (including weapons of mass destruction and explosives in all phases, such as disposal or (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs 2 disassembly), and investigation of explosive- related incidents as necessary. ii) (U) The parties will designate one alternate certified bomb technician in addition to its MOU Coordinator, and will maintain this minimum level of support as staffing and personnel assignments permit. Additional, certified bomb technicians may be assigned to support this MOU as staffing resources permit. iii) (U) The parties will make available for use all necessary equipment and resources to protect the public, complete RSP, and collect evidence in support of investigations, including but not limited to: safety equipment; explosive storage; demolition devices; and disposal ranges. iv) (U) The maintenance and repair of all equipment and property provided under this MOU will be the management and fiscal responsibility of the agency supplying said equipment. v) (U) The parties will ensure that the Hazardous Devices School (HDS) certifications of all bomb technicians assigned to support this MOU remain current. An HDS certification that remains in good standing is a prerequisite to any initial or ongoing Federal deputation. vi) (U) Each party may decline to provide personnel deputized under this MOU to a FBI Field Office other than Houston Field Office. 5) OPERATIONS AND INVESTIGATIONS i) CONTROLLING GUIDANCE (1) (U) Operational and investigative actions, techniques, and procedures will be consistent with current Department of Justice guidance or, in connection with investigations involving only state violations and state prosecutions, will be consistent with policies and procedures of relevant state law. (2) (U) The parties may direct and recruit informants and cooperating witnesses in accordance with that agency's internal rules and policies. However, where such individuals are developed in support of an operation or investigation in which federal prosecution is anticipated, then -current Attorney General and FBI guidelines will apply. (3) (U) In the event that discrepancies develop between federal and state/local rules, regulations, statutes, or other state/local practices and policies, federal mandates will control if any federal prosecution is anticipated. (4) (U) Supervisory points of contact and MOU Coordinators from parties participating in a specific operation under this MOU will serve as the individuals primarily responsible for resolving operational difficulties with that specific operation. As necessary, operational difficulties may be referred for resolution to the individuals responsible for administering this agreement, who may then refer continued disagreements to the FBI Houston Field Office Special Agent in Charge for final resolution. (5) (U) At all times, FBI employees are required to comply with all current FBI polices, (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs irrespective of any discrepancy or conflict with state/local rules, regulations, statutes, or state/local practices and policies. At all times, non -FBI employees are required to comply with the policies of their department/agency. ii) JOINT INVESTIGATIONS (1) (U) To the extent possible, all bomb or explosive -related criminal investigations will be jointly performed by the parties geographically affected by said investigation, with no party acting independently unless that party has exclusive jurisdiction. However, the parties understand that a multitude of circumstances may arise in which a matter is best and most efficiently addressed by fewer than all the parties to this MOU. In those circumstances, non -responding parties will be informed by prompt notifications from the respective MOU Coordinators. (2) (U) A determination will be made on a case -by -case basis whether to request prosecution of cases arising under this MOU from Federal or State authorities. The determination will be based on all considerations at issue and may include the evidence gathered, the potential violations at issue, the sentencing options, and the amenability of prosecuting authorities to support investigative needs and related charges. (3) (U) The parties understand and agree that all follow-up investigative activities — including evidence collection - are secondary to public safety concerns, which are paramount. (4) (U) Collection of potential evidence pursuant to activities conducted under this MOU (including by individuals acting under Federal deputation) will be accomplished in conformance with FBI evidence recovery procedures and, unless otherwise agreed to by the FBI, will be stored by the FBI. iii) ELECTRONIC COUNTER-MEASURES ECM (1) (U) The parties agree to coordinate with the FBI Special Agent Bomb Technician Team Leader (or the appropriate ECM -trained FBI SABT) to receive initial and continuing training on tactics, techniques, procedures (TTPs), and policies in relation to the United States Government's Electronic Counter-measures capabilities fielded by the FBI in support of domestic IED/Weapons of Mass Destruction (WMD) RSPB. (2) (U) All Radio -Controlled Improvised Explosive Devices (RCIEDs) collected will be submitted to the FBI Laboratory Division (to include the Explosives Unit and/or the Terrorist Analytical Device Center, where appropriate) for technical exploitation. (3) (U) The parties agree to follow/adhere to all FBI ECM Program policies, procedures, TTP's, directives, guidance and related physical/operational security requirements, procedures and practices. iv) WEAPONS OF MASS DESTRUCTION DEVICE THREATS OR INCIDENTS (1) (U//FOUO//LES) The parties agree to coordinate with the FBI Special Agent Bomb Technician Team Leader to receive initial and continuing training on tactics, techniques, procedures (TTPs), and policies in relation to the United States Government's response to (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs 4 a known or suspected Weapon of Mass Destruction (WMD) device within the United States and its territories, including but not limited to: (a) (U//FOUO//LES) Radiological dispersal devices; (b) (U//FOUO//LES) Biological dispersal; (c) (U//FOUO//LES) Chemical dispersal; (d) (U//FOUO//LES) Complex or sustained improvised explosive device threats or incidents; and (e) (U//FOUO//LES) Improvised nuclear devices. (2) (U//FOUO//LES) Each party agrees to immediately notify the FBI Special Agent Bomb Technician Team Leader upon the discovery or detection of a potential WMD in order to conduct the device assessment. v) RESOURCES AND REPORTING (1) (U) Every RSP (however named and in whatever phase, to inclue ssed witthe ful disassembly) and explosives -related criminal investigation will be addre available resources of all participating agencies as needed and as available. (2) (U) The party having primary jurisdiction is responsible for collection, maintenance, and dissemination of reports, records, and other documents regarding activities under this MOU. All such documents will be made and maintained in compliance with applicable Federal laws (including the Privacy Act and Freedom of Information Act), state and local laws, as well as relevant agency policies. (3) (U) All records prepared and shared among the parties may not be released or distributed to third parties or non-parties to this MOU without the express permission of the drafting agency. (4) (U) Each party shall immediately notify the other parties of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information concerning or arising from operations involving, or conduct of, personnel assigned under this MOU. 6) FEDERAL DEPUTATIONS/CROSS-DEPUTATIONS a) (U) Non-federal officers participating under this MOU may be sworn as Special Deputy United States Marshals to assist with enforcing the United States Code, including related U.S. Code Title 18 functions, in connection with the multi jurisdictional response to improvised explosive device activities contemplated by this MOU. Deputations are commensurate with the investigative authority of the FBI, and issued pursuant to 28 C.F.R. § 0.112 (Special Deputation) and 28 U.S.C. § 566. Deputation under this MOU will provide Federal authority: (1) for qualifying individuals to fully participate in all investigations contemplated only by this (2) where the FBI as primary or concurrent jurisdiction in the investigation supported b this MOU; and only (3) h en requested by the Houston Field Office. i) LIABILITY (1) (U) The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs 5 Multi -Jurisdictional Response to IEDs Group. (2) (U) The participating agencies shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the Multi -Jurisdictional Response to IEDs Group. In the event that a civil claim or complaint is brought against a state or local officer assigned to the Multi -Jurisdictional Response to IEDs Group, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. (3) (U) For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), and §§ 2671-2680: an individual deputized under this MOU and assigned to the Multi -Jurisdictional Response to IEDs Group, and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU, may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. See 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any personnel. (4) (U) For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown - Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): an individual deputized under this MOU and assigned to the Multi -Jurisdictional Response to IEDs Group, and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU, may request individual -capacity representation by DOJ to defend against the claims. See 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided toth hrequestf Division the FBICounsel Office of the GeneralHouston Counsel Office, who will then coordinate In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. See 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any personnel. (5) (U) Liability for any conduct by the Multi -Jurisdictional Response to IEDs MOU personnel undertaken outside of the scope of their duties and assignments pursuant to their federal (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs 6 deputation shall not be the responsibility of the FBI or the United States. ii) (U) A deputation remains in effect for two yearsdeputized pursuant to th seMOU putized byo the United States Marshals Service. If an individual p continue deputation beyond the expiration date, a renewal may be requested if all parties agree. Sponsorship for Federal deputations may berevoked Should the oMOU be nsoring gte,erminatBd) or the at any time, and for any reason, deemed appropriate employing agency withdraw, any FBI sponsorships of related deputations will be immediately revoked. ized iii) Parties to this MOU agree to immediately inform the FBIasFO should f om duties consistent with this be removed/transferred/suspended/re-assigned (for any ) MOU. The granting of a Federal deputy status does not confer any rights upon the receiving individual other than those outlined herein. b) (U) Participating state agencies shall be responsible for cross -deputations for local officers as permitted or required by state law, and as appropriate. 7) LIMITATIONS ON FEDERAL AUTHORITIESCongressional a) (U) The authority exercised by the FBI is primarily derived General. No FBI employee ordFBI Presidential directives, and delegations by the Y sponsored Special Deputy U.S. Marshal under this MOt is �derstood by all partiesmay exceed those �holwevere that the acting within the scope of their Federal employment. FBI maintains primary responsibility as Lead Agency in all events or incidents with a potential including chemical, nexus to terrorism and/or involving a weapon of mass destruction are potentially nvolvediological, radiological, or nuclear) and whether or not explosive FBI b) (U) Should situations/circumstances arise that fnlloutoCemayllbeefo lowed.th Through rities to investigate/participate, the procedures outlined Appendix execution of this MOU, the FBI MOU Coordinator agrees to seek and obtain the requisite information outlined in Appendix C when circumstances dictate. g) PRESS RELEASES a) (U) Press releases and/or the release of information to the media will be made only on the mutual approval of the parties with investigative jurisdiction. b) (U) Any release to the media will be consistent with established press policies of the investigating parties in consultation with the appropriate prosecuting a uthorit 9) TRAINING a) (U) The parties agree that an additional goal of this MOU is to engage in co -training ventures to ensure continuity of responses to incidents involving relevant threats to public safety. b) (U) The parties will meet routinely to discuss and establish training activities and venues, as well as to discuss other issues of mutual concern. (U//FOUO//LES) MOU for a Muni -Jurisdictional Response to IEDs c) (U) All parties will endeavor to participate in both the planning and the execution of training ;11 bear the cost of its own participation. exercises. Unless otherwise agreed to, each party - 10) EFFECT OF THIS AGREEMENT a) (U) This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but ng between the parties of the matters described herein. rather is a basic statement of the understandi Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. b) (U) This MOU does not constitute an agreement for any party to assume or waive any liability or claim under any applicable law. c) (U) This agreement is not intended to be enforceable in any court or administrative forum. The parties will seek to resolve any disputes regarding this agreement by mutual consultation. d) (U//FOUO) This MOU supersedes all other MOUs entered into by these parties that covers the same subject matter. 11) EFFECTIVE DATE ADMINISTRATION AND TERMINATION a) (U) This MOU shall be effective when executed by all parties and will continue in effect until terminated. This agreement may be modified at any time by written consent of all the parties. b) (U) Each party separately agrees to abide by the terms and provisions of this MOU. This MOU may be terminated, with respect to any party, at any time upon written notice of withdrawal to all other parties at least 30 days prior to withdrawal. Individual agencies may withdraw or join this MOU separately by execution of either Appendix A or B. c) (U) This MOU shall be reviewed by the designated Points of Contact for all parties, and the FBI Chief Division Counsel, no later than every ve years from r m the last signature date to determine whether this MOU should be revised, continued, 12) SIGNATORIES Signat e (FBI Houston Field Office) Printed Name Title AL OglIII W14 (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs Date Signature (Head of Agency or Designee) Printed Name Title Date 3) Signature (Head of Agency or Designee) Printed Name Title Date 4) Signature (Head of Agency or Designee) Printed Name Title Date (U//FOUO//LES) MOU for a Multi -Jurisdictional Response to IEDs 9 ��