» CLARK COUNTY e brrice OF THE DISTRICT AYTORNEY Civil Division STEVEN B. WOLFSON District Atorney 500 S. Grand Central Pkwy, Suite 5075 + Las Vegas, NV 89155 « 702-455-4761 » Fax: 702-382-5178 » TDD: 702-305-7466 MARY-ANNE MILLER CHRISTOPHER LALLA ROBERT DASKAS JEFFREY WITTHUN County Counsel Assistant District Atorney ‘Assist Distriet Attorney Director May 30, 2017 Alan R. Hanson Acting Assistant Attomey General Offfice of Justice Programs U.S, Department of Justice 810 Seventh St. NW Washington, D.C, 20531 Dear Mr. Hanson: This office is the official counsel for the County of Clark, and in that capacity, is responding to your April 21, 2017 letter to Yolanda King, Clark County Manager, You have pointed out that as a recipient of a Bryne JAG grant award, Clark County is required to certify compliance with all applicable laws, including 8 ULS.C. Section 1373. The County does not have a traditional law enforcement agency. This function is performed by the Las, Vegas Metropolitan Police Department, a separate legal entity from Clark County, which ‘was established in 1973 pursuant to a specific Nevada statutory scheme. Part of that statutory directive is that Clark County provide a significant percentage of LLVMPD’s funding, In addition, the LVMPD runs the County's detention center pursuant to a longstanding interlocal agreement with the County. Attached you will find a legal opinion from the General Counsel of the Las Vegas Metropolitan Police Department and accompanying documentation that the LVMPD in its law enforcement and detention activities are in compliance with 8 U.S. C. Section 1373. This office is in concurrence with the analysis and conclusions contained therein. Further, this oflice, which has responsibility for review of any resolutions, ordinances, or adopted policies of the County, has reviewed the practices and procedures of the County, apart from the Las Vegas Metropolitan Police Department and by this letter certifies that we have found no impediments to the lavwful exchange of information regarding citizenship and immigration status among federal, state, and local government entities and officials addressed by Title 8, Section 1373 of the United States Code. If you have any concerns about specific activities of the County or any of its agencies, please do not hesitate to contact me, Sincerely, STEVEN B. WOLFSON DISTRICT ATTORNEY, py SENN {ARY-ANNE MILLER County Counsel MAM:abPartners with the Communit May 9, 2017 Mary Anne Miller Clark County Counsel, Civil Di Clark County District Attomey 900 S. Grand Central Parkway Las Vegas, Nevada 89155 Re: 2016 Bryne JAG Legal Opinion Dear Mary: Enclosed please find a copy of the Legal Opinion for FY 2016 Byrne JAG grant, award 2016 2016-DJ-BX-0412 and exhibits. Also attached is a CD containing the legal opinion and exhibits, Ifyou have any questions, please do not hesitate to contact me. Sincerely, JOSEPH LOMBARDO, SHERIFF By: ie fan A> I Freedi General Counsel Enclosures LKF:cam 400, Martin L. King Bhd. + Las Vegas, Novoda 89106-4372 » (702) 828.3111 ‘wow.lvmpd.com * wwe. protectthecity.com HoLEGAL OPINION FOR FY 2016 BYRNE JAG GRANT, AWARD 2016-DJ-BX-0412 May 8, 2017 Issue: Is the Las Vegas Metropolitan Police Department (LVMPD), as law enforcement for Las Vegas, Nevada and Clark County, Nevada, and as the operator of the Clark County Detention Center for Clark County, Nevada, in compliance with 8 U.S.C. § 1373.! Background: LVMPD is a Metropolitan Police Department pursuant to Nevada Revised Statutes, chapter 280, LVMPD’s jurisdiction encompasses both Las Vegas, Nevada and Clark County. Nevada and is led by an elected sheriff. See, NRS 280.010, ef seq. The elected sheriff is responsible for police services in the City of Las Vegas and unincorporated Clark County as well as detention services and management of the Clark County Detention Center. Both the City of Las Vegas and Clark County fund and have fiscal oversight over LVMPD. Id. LVMPD enforces laws enacted by the State of Nevada and both local jurisdictions. Analysis: 8 U.S.C. § 1373 provides: Communication between government agencies and the Immigration and Naturalization Service @ Ingeneral. Notwithstanding any other provision of Federal, State, ot local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any goverment entity or official from sending to, or receiving ftom, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (b) Additional authority of government entities, Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: (1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service. (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government entity. ' By letor dated April 21, 2017, Yolanda King, County Manager, Clark County, Nevada, was notified that under the terms of the FY 2016 Byme JAG grant, award 2016-DJ-BX-0412, a legal opinion would be required supporting and validating that Clark County, Nevada is in compliance with 8 U.S.C. § 1373. Tam counsel for the LVMPD and this ‘opinion is being written on behalf of LVMPD. As is explained more fully inthe Background section of this opinion, Clark County, Nevada and Las Vegas, Nevada have consolidated their police services. For this reason, Clark County's compliance with 8 U.S.C. § 1373 is interrelated with LVMPD's compliance. Page 1 of 3) y (©) Obligation to respond to inquiries. The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by Jaw, by providing the requested verification or status information, Upon diligent research, LVMPD is not subject to any law that restricts it or its employees from sending to, or receiving from, the Immigration and Naturalization Service (now known as Immigration and Customs Enforcement “ICE” which is an agency under the Department of ‘Homeland Security “DHS”) information regarding the citizenship or immigration status, lawful or unlawful, of any individual. Specifically, the State of Nevada has not enacted arty law that restricts LVMPD orits employees from communicating with ICE. See generally, Nevada Revised Statutes (no Nevada law restricts local jurisdictions, local police or detention facilities from communicating with ICE). Clark County, Nevada has not enacted any law that restricts its or LVMPD’s employees from communicating with ICE regarding the citizenship or immigration status, lawful or unlawful, of any individual. See generally, Clark County Code (no Clark County Code restricts local police or detention facilities from communicating with ICE), Similarly, the City of Las Vegas has not enacted any law restricting its or LVMPD's employees from communicating with ICE regarding the citizenship or immigration status, lawful or unlawful, of any individual. See generally, Las Vegas, Nevada Municipal Code (no City of Las Vegas Code restricts local police from communicating with ICE), Additionally, no official has enacted a policy restricting LVMPD or its employees from communicating with ICE regarding the citizenship or immigration status, lawful or unlawful, of any individual. To the contrary LVMPD, through authorization of its sheriff, has continuously had a Memorandum of Agreement (MOA) with ICE since September 8, 2008. See, Exhibits | - 6. ‘The most current MOA and its addendum were signed June 16, 2016 and April 5, 2017 respectively. See, Exhibits 5 and 6, Underthe current MOA, ICE “delegates to nominated, trained, certified, and authorized LVMPD personnel the authority to perform certain immigration enforcement functions” within the Clark County Detention Center. Id. The MOA is authorized by Section 287(g) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1357(g)(1996) as amended by the Homeland Security Act of 2002. LVMPD’s detention officers are specifically delegated “[tJhe power and authority to issue immigration detainers, 8 U.S.C. §§ 1226 and 1357, and 8 C.F.R. § 287.7, and I-213, Record of Deportable/Inadmissible Alien for processing aliens... .” Exhibit 6, p. 1. The eurrent MOA also provides, that “[wJhen issuing any immigration detainer, participating LVMPD personnel must follow applicable DHS and ICE policies, and must notify the ICE supervisor of any immigration detainer issued under the authority conferred by the MOA within 24 hours.” Id. at p.1. LVMPD's detention policy implementing the 287(g) MOA further demonstrates compliance with 8 U.S.C. § 1373. See, Exhibit 7 (Detention Services Division Standard Operating Procedure 18.01.02). LVMPD detention officers deputized and assigned to the program are ‘delegated the authority to act as immigration officials. ‘They conduct inmate interviews and Page 2 0f3y y investigations for ICE. Detention officers are subject to direct supervision provided by the local ICE office. Detention officers are expected to collaborate with ICE. Detention officers use computer equipment and access databases provided by DHS/ICE. Id. LVMPD's general policy regarding Immigration Violations also demonstrates compliance with 8 U.S.C. § 1373. See, Exhibit 8 (LVMPD Policy 5/106.24). In this policy, it is made clear ‘that while patrol officers are not to act as immigration officers, reports of illegal aliens are to be referred to the local ICE Office. Police officers who suspect an arrestee is an illegal alien are to report their suspicions to the records section in the detention center. If'a suspected illegal alien is to be transferred to another facility, ICE is to be notified and, if necessary, the appropriate detainer Paperwork is to be completed at the other facility. Ifa person is suspected of being an illegal alien and is linked to possible terrorist activities, LVMPD's Counter Terrorism Section works with ICE and the Joint Terrorism Task Force to coordinate the proper response, Id. Finally, from time to time, as federal funding and staffing has allowed, DHS/ICE. has assigned personnel (HIS analysts and special agent) to the Southern Nevada Counter-Terrorism Center. The Center is located within the LVMPD Headquarters and its mission is information analysis and exchange. See, Exhibit agreement 9 and 10 (Memorandum of Understanding dated February 1, 2016 and Affidavit of Captain Christopher Darcy dated May 4, 2017). Conclusion: LVMPD, as law enforcement for Las Vegas, Nevada and Clark County, Nevada, and as the operator of the Clark County Detention Center for Clark County, Nevada, is in compliance with 8 U.S.C. § 1373. LVMPD is not subject to any law that restricts it or its employees from sending to, or receiving from, ICE information regarding the citizenship ot immigration status, lawful or unlawful, of any individual. Likewise, LVMPD policies and procedures are in compliance with 8 U.S.C. § 1373. Infact, LVMPD partners with ICE in a jal- based MOA wherein LVMPD officers are deputized to carry out specific immigration officer duties, ‘Las Vegas Metropolitan Police Department Page 3 of 3) y MEMORANDUM OF AGREEMENT ‘This Memorandum of Agreement (MOA) constitutes an agreement between the United States Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), and the Las Vegas Metropolitan Police Department (LVMPD), hereinafter referred to as the “Law Enforeement Agenoy” (LEA), pursuant to which ICE authorizes up to a ‘maximum of ten (10) nominated, trained, and certified LEA personnel to perform certain immigration enforcement functions as specified herein. It is the intent of the parties that these delegated authorities will enable the LEA to identify and process immigration violators in Clark County, Nevada, ICE and LEA points of contact for purposes of this MOA are identified in Appendix A. 1. PURPOSE, ‘The purpose of this MOA jis to sot forth the terms and conditions pursuant to which selected LEA personnel (participating LEA personnel) will be nominated, trained, and thereafter perform certain functions of an immigration officer within Clark County, Nevada. Nothing contained herein shall otherwise limit the jurisdiction and powers normally possessed by participating LEA personnel as members of the LEA. However, the exercise of the immigration enforcement authority granted under this MOA to participating LEA personnel shall oceur only as provided in this MOA. This MOA also describes the complaint procedures available to members of the public regarding immigration enforcement actions taken by patticipating LEA personnel pursuant to this agreement, I AUTHORITY Section 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 107-296, authorizes the Secretary of the Department of Homeland Seourity, acting through the Assistant Secretary of ICE, to enter into written agreements with a State or any political subdivision of a State so that qualified personnel can perform certain functions of an immigration officer. This MOA constitutes such a written agreement, Ml. POLICY ‘This MOA sets forth the scope of the immigration officer functions that DHS is authorizing the participating LEA personnel to perform. It sets forth with specificity the duration of the authority conveyed and the specific lines of authority, including the requirement that patticipating LEA personnel are subject to ICE supervision while performing immigration related duties pursuant to this MOA. For the purposes of this MOA, ICE officers will provide supervision for participating LEA personnel only as to immigration enforcement functions. ‘The LVMPD retains supervision of all other aspects of the employment of and performance of duties by participating LVMPD personnel, EXBBIT “1”IV, ASSIGNMENTS Before participating LEA personnel receive authorization to perform immigration officer funetions granted under this MOA, they must successfully complete mandatory four (4) week training, as described in Section VIII, in the enforcement of Federal immigration laws and policies as provided by ICE instructors and thereafter pass examinations equivalent to those given 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 the immigration officer functions enumerated in this MOA. Participating LEA personnel performing immigration-related duties pursuant to this MOA will be LBA officers assigned to the Clark County Detention Center. V. DESIGNATION OF AUTHORIZED FUNCTIONS For the purposes of this MOA, participating LEA personnel will be authotized to perform the following functions pursuant to the stated authorities, subject to the limitations contained in this MOA: ‘+ The power and authority to interrogate any person believed to be an alien as to his right to be or remain in the United States (INA § 287(a(1) and 8 C.P.R. § 287.5(a)(1)) and to process for immigration violations those individuals who are convicted of State or Federal felony offenses; * The power and authority to serve warrants of arrest for immigration violations pursuant to 8 CFR. § 287.5(€)(3); ‘+ The power and authority to administer oaths and to take and consider evidence (INA § 287(b) and 8 CFR. § 287.5(@)(2)), to complete required criminal alien processing, including fingerprinting, photographing, and interviewing of aliens, as well as the preparation of affidavits and the taking of sworn statements for ICE supervisory review; ‘* The power and authority to prepare charging documents (INA § 239, 8 CFR. § 239.1; INA § 238, 8 CPR § 238.1; INA § 241(@)(5), 8 CFR § 241.8; INA § 235(0)(1), 8 CAR. § 235.3) including the preparation of a Notice to Appear (NTA) application ot other charging document, as appropriate, for the signature of an ICE officer for aliens in ceategories established by ICE supervisors; ‘+ The power and authority to issue immigration detainets (8 C.F. Record of Deportable/Inadmissible by ICE supervisors; and § 287.7) and J-213, lien, for processing aliens in categories established * The power and authority to detain and transport (8 C.F.R. § 287.5(c)(6)) arrested aliens to ICE-approved detention facilities,y VI. DETENTION AND TRANSPORTATION ISSUES ‘The LEA is expected to pursue to completion prosecution of the State or local charges that caused the individual to be taken into custody. ICE will assume custody of individuals who have been convicted of a State or local offense only after such individuals have concluded service of any sentence of incarceration, ICE will also assume custody of aliens with prior criminal convictions and when immigration detention is required by statute. ‘The ICE Detention and Removal Field Office Director or his designee will assess on a cese-by-case basis the appropriate removal vehicle to be employed and/or whether to assume custody of individuals that do not meet the above criteria based on special interests or other extenuating circumstances after processing 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 Office Directors may exercise this discretion, in appropriate cases, by declining to detain aliens whose detention is not mandated by Federal statute, If ICE determines that it is necessary, the LEA will enter into an Inter-Governmental Service Agreement (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. ‘The LEA facility will be expected to meet the ICE detention standards for either a less than 72-hour or over 72-hour facility as determined by ICE, and consistent with the anticipated detention period, In addition, if ICE determines that it is necessary, the LEA will enter into an IGSA with ICE for transportation of all incarcerated aliens. Pursuant to this transportation IGSA, for a reimbursable fee, the LEA will transport all incarcerated aliens in its facilities, upon completion of their sentences, to a facility or location designated by ICE. ITICE determines that it is necessary, the LEA will provide ICE, at no cost, with an office within ‘each 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 eligible for release from the LEA’s custody in accordance with applicable law and LEA policy, exoept for a period of up to 48-hours, excluding Saturdays, Sundays, and any holiday, pursuant to an ICE detainer issued in accordance with 8 C.F.R. § 287.7, absent an IGSA in place as described above, Upon completion of processing and release from the LEA’s affiliated detention facilities of an individual who participating LEA personnel have determined to be a removable alien, the alien will be transported by the LEA, within Clark County, NV, on the same day to an ICE designated office or facility, after notification to and coordination with the ICE supervisory officer, s0 that no further detention costs will be incurred by ICE, Nothing in this MOA shall be construed, or is intended, for the benefit of any individual detainee or other individual or entity not specifically made a party to this MOA.) y VII. NOMINATION OF PERSONNEL ‘The LVMPD will nominate candidates for initial training and certification under this MOA. For each candidate, ICE may request any information necessary for a background check to include but not be limited to submission of fingerprints and a personal history questionnaire to evaluate a candidate’s suitability to participate in the enforcement of immigration authorities under this MOA, All cendidates must be United States citizens, All candidates must have at least two (2) years of LEA work experience. All candidates must be approved 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 and conditions contained herein. The LEA agrees to use due diligence to soreen individuals nominated for training and agree that individuals who successfully complete the training under this MOA will perform immigration officer functions authorized under 287(g) for a minimum of two (2) years, Any failure by the LEA to fulfill this commitment could jeopardize the terms of this MOA and ICE reserves the right to terminate this MOA, suspend patticipation in the 287(g) training program, or take other appropriate action as neoessary. Candidates working with jeil populations shall have specific experience that should consist of having supervised inmates. Candidates must show that they have been trained on, and concerned with, maintaining the security of the facility. Candidates must have enforced rules and regulations governing the facility on inmate accountability and conduct. Candidates must also show an ability to meet and deal with people of differing backgrounds and behavioral patterns, Alll candidates must be approved by ICB and must be able to qualify for appropriate federal scourity clearances. Should a candidate not be approved, a substitute candidate may be submitted if time permits such substitution to occur without delaying the start of training. Any future expansion in the number of participating LEA personnel or scheduling of additional training classes may be based on an oral agreement of the parties, but will be subject fo alll the requirements of this MOA, VIL, TRAINING OF PERSONNEL ICE will provide participating LEA personnel with the mandatory four (4) week training tailored to the immigration functions to be performed, Training will include, among other things: (1) discussion of the terms and limitations of this MOA; (ii) the scope of immigration officer authority; (iii) relevant immigration law; (iv) the ICE Use of Force Policy; (v) Civil Rights laws; (vi) the U.S. Department of Justice “Guidance Regarding the Use Of Race By Federal Law Enforcement Agencies,” dated June 2003; ( 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 make proper notification upon the arrest or detention of a foreign national,)y y Approximately one year after the participating LEA personnel are trained and certified, ICE may provide additional updated training on relevant administrative, legal, and operational issues related to the performance of immigration officer functions, unless either party terminates this MOA pursuant to Section XX, below. Local training on relevant issues will be provided on an ongoing basis by ICE supervisors or a designated team leader, IX, CERTIFICATION AND AUTHORIZATION The ICE Training Division will certify in writing to the ICE Field Office Director in the Salt Lake City Field Office the names of those LEA personnel who successfully complete training and pass all required testing. Upon receipt of Training Division certification, the ICE Field Office Director in the Salt Lake City Field Office will provide the participating LEA personnel with a signed authorization to perform specified functions of an immigration officer for an initial period of one year from the date of the authorization, ICE will also provide a copy of the authorization to the LEA. The ICE supervisory officer, or designated team 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 at any time by ICE or the LEA. Such revocation will require immediate notification to the other party to this MOA. The Sheriff and the ICE Field Office Director in the Salt Lake City Field Office will be responsible for notification of the appropriate personnel in their respective agencies, The termination of this MOA. shall constitute revocation of all immigration enforcement authorizations delegated hereunder, X, COSTS AND EXPENDITURES Participating LEA personnel will carry out designated functions at the LEA’s expense, including salaries and benefits, local transportation, end official issue material. ICE will provide the instructors and training materials. The LEA is responsible for the salaries and benefits, including overtime, for all ofits personnel being trained or performing duties under this MOA, and for those personnel performing the regular functions of the participating LEA personnel while they are receiving training. The LEA will cover the costs of all LEA candidates’ travel, housing, and per dicm affiliated with the training required for participation in this agreement. ICE is responsible for the salaries and benefits of all of its personnel, including instructors and supervisors. IFICE determines the training provides a direct service for the Government, and itis in the best interest of the Government, the Government may issue travel orders to selected candidates and reimburse travel and per diem expenses only. The LEA remains responsible for paying salaries and benefits of the selected candidates.) y Subject to the availability of funds, ICE agrees to be responsible for the purchase, installation, and maintenance of technology (computer/IAFIS/Photo and similar hardware/software) necessary to support the investigative functions of participating LEA personnel at each LEA facility with an active 287%(2) program. The use of this equipment is to be limited to the performance of responsibilities authorized by this MOA under section 287(g) of the INA by pauticipating LEA personnel. ICE also agrees to provide the necessary technological support and software 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 the property of ICE and shall be returned to ICE upon termination of this agreement, or when deemed necessary by the ICE Field Office Director in the Salt Lake City Field Office. ‘The LEA is responsible to provide all administrative supplies, ie. paper, toner, pens, pencils and other similar items necessary for normal office operations. ‘The LEA is also responsible to provide the necessary security equipment, ic, handcuffs, leg restraints and flexi cuffs eto, XJ. ICE SUPERVISION Immigration enforcement activities conducted by the participating LEA personnel will be supervised and directed by ICE supervisory officers or the designated team leader, Pavticipating LBA personnel are not authorized to perform immigration officer functions, except when working under the supervision of an ICE officer, or when acting pursuant 10 the guidance provided by an ICE agent. Participating LEA personnel shall give timely notice to the ICE supervisory officer within 24 hours of any detainer issued under the authorities set forth in this MOA. ‘The actions of participating LEA personnel will be reviewed by ICE supervisory officers ‘on an ongoing basis to ensure compliance with the requirements of the immigration laws and procedures and to assess the need for individual additional training or guidance. For purposes of this MOA, ICE officers will provide supervision of participating LEA personnel only as to immigration enforcement functions and for investigations conducted in conjunction to this euthority. “The LEA retains supervision of all other aspects of the employment of and performance of duties by participating LEA personnel. In the absence of a written agreement to the contrary, the policies and procedures to be utilized by the participating LEA personnel in exercising these authorities shall be DHS and ICE policies and procedures, including the ICE Use of Force Policy. However, when engaged in immigration enforcement activities, no participating LEA personnel will be expected or required to violate or otherwise fail to maintain the LEA’s rules, standards, or policies, or be required to fail to abide by restrictions or limitations as may otherwise be imposed by law. Ifa conflict arises between an otder or direction of an ICE supervisory officer or e DHS or ICE. policy and the LEA’s rules, standards, or policies, the conflict shall be promptly reported to the ICE Field Office Director in the Salt Lake City Field Office, or designees, and the LVMPD, or designee, when circumstances safely allow the concer to be raised. The ICE Field Office Director in the Salt Lake City Field Office and the Sheriff shall attempt to resolve the conflict,XI. REPORTING REQUIREMENTS. ‘The LEA will be responsible for tracking and maintaining accurate data and statistical information for their 287(g) program, including any specific tracking data requested by ICE. Upon ICE's request, such data and information shall be provided to ICE for compatison and verification with ICE’s own data and statistical information, as well as for ICE's statistical reporting requirements and to assess the progress and success of the LEA"s 287(g) program, XIII. LIABILITY AND RESPONSIBILITY If any participating LEA 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 LEA shall, to the extent allowed by State law, immediately notify ICE 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 by participating LEA personnel shall be handled as described below. Except as otherwise noted in this MOA or allowed by Federal law, the LEA will be responsible and beat the costs of participating LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability, Participating LEA personnel will only be treated 2s Federal employees for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, and workei’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function as authorized by this MOA. 8 U.S.C. § 1357(8) (7). Itis the understanding of the parties to this MOA that participating LEA personnel will enjoy the same defenses and immunities available to ICE officers from personal liability atising ftom tort lawsuits based on actions conducted in compliance with this MOA. 8 U.S.C. § 1357) (8). Nothing in this MOA should be construed as waiving any immunity or other limit upon libility provided to LEA personnel by applicable state law. Participating LEA personnel named as defendants in litigation atising from activities carried out under this MOA may request representation by the U.S, Department of Justice. Such requests must be made in writing directed to the Attorney General of the United States, and will be handled in coordination with the ICE Field Office Director in the Salt Lake City Field Office. Requests for represontation must be presented to the ICE Office of the Chief Counsel at the 3373 Pepper Lane, Las Veges, Nevada, 89120, Any request for representation and related correspondence must be clearly marked “Subject to Attomey-Client Privilege.” ‘The Office of the Chief Counsel will forward the individual’s request, together with a memorendum outlining the factual basis underlying the event(s) at issue in the lawsuit, to the [CE Office of the Principal Legal Advisor, which will forward the request, the factual memorandum, and an advisory statement opining whether such representation would be in the interest 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 acts of intentional misconduct on the part of participating LEA personnel.) y The LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent ofits available powers. 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 Garrity y. New Jersey, 385 U.S. 493 (1967). As the activities of participating LEA personnel under this MOA. are undertaken under Federal authority, the participating LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Giglio v, United States, 405 U.S, 150 (1972), and its progeny, which relates to the disclosure of potential impeachment information about possible ‘witnesses or affiants in a criminal case or investigation, XIV. COMPLAINT PROCEDURES ‘The complaint reporting and resolution procedure for allegations of misconduct by participating LEA personnel, with regard to activities undertaken under the authority of this MOA, is included at Appendix B, XV. CIVIL RIGHTS STANDARDS Participating LEA personnel who perform certain Federal immigration enforcement functions ate bound by all Federal civil rights statutes end regulations, including the U.S, Department of Justice “Guidance Regarding The Use Of Race By Federal Law Enforcement Agencies” dated June 2003. Participating LEA personnel will provide an opportunity for subjects with limited English language proficiency to request an interpreter. Qualified foreign language interpreters will be provided by the LEA as needed, XVI. STEERING COMMITTEE The ICE Field Office Director in Salt Lake City Field Office and the Sheriff shall establish a steering committee that will meet periodically to review and assess the immigration enforcement activities conducted by the participating LEA personnel and to ensure compliance with the terms of this MOA. The steering committee will meet periodically in Las Vegas, Nevada at locations to be agreed upon by the parties, or via teleconference. Steering committee participants will be supplied with specific information on case reviews, individual participants’ evaluations, complaints filed, media coverage, and, to the extent practicable, statistical information on {increased immigration enforcement activity in Clark County, Nevada. An initial review meeting will be held no later than nine months after certification of the initial class of participating LEA personnel under Section IX, above,XVII, COMMUNITY OUTREACH The LEA may, at its discretion, engage in community outreach with individuals and organizations expressing an interest in this MOA, ICE may participate in such outreach upon the LEA’s request, XVII. RELATIONS WITH THE NEWS MEDIA. ‘The LEA may, at its discretion, communicate the substance of this agreement to organizations and groups expressing an interest in the law enforcement activities to be engaged in under this MOA. This MOA also describes the complaint procedures available to members of the public regarding actions taken by participating LEA personnel pursuant to this agreement, ‘The LEA hereby agrees to coordinate with ICE regarding information to be released to the media, regarding actions taken under this MOA. The points of contact for ICE and the LEA for this purpose are identified in Appendix C. XIX, MODIFICATION OF THIS MOA Modifications to this MOA must be proposed in writing and approved by the signatories. XX, DURATION AND TERMINATION OF THIS MOA. This MOA will remain in effect from the date of signing until itis terminated by either party. Either party, upon written notice to the other party, thay terminate the MOA at any time. A termination notice shall be delivered personally or by certified or registered mail and termination shall take effect immediately upon receipt of such notice. Either party, upon written or oral notice to the other party, may temporarily suspend activities under this MOA when resource constraints or competing priorities necessitate, Notice of termination or suspension by ICE shall be given to the Sheriff. Notice of termination or suspension bythe LEA shal be given tote ICE Feld Ofce Director inthe Salt Lake City Feld Office. ‘This MOA does not, 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 party represents it is fully authorized to enter into this MOA, and accepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to be bound thereto to the fullest extent allowed by lew. Date:_1}@] oF q Me Myers, t Date: Dougias C. Gillespie Assistant Secretary Sheriff Immigration and Customs Enforcement —_Las Vegas Metropolitan Police Department Department of Homeland Security Las Vegas, Nevada 10APPENDIX A POINTS OF CONTACT ‘The ICE and LEA points of contact for purposes of implementation of this MOA are: For the LEA: Sheriff Douglas Gillespie For ICE DRO: FOD Steven M. Branch 11APPENDIX B COMPLAINT PROCEDURE This MOA is an agreement between DHS/ICE and the LVMPD, hereinafter referred to es the “Law Enforcement Agency” (LEA), pursuant to which selected LEA personnel are authorized to perform immigration enforcement duties in specific situations under Federal authority. As such, the training, supervision, and performance of participating LEA personnel pursuant to the MOA, as well as the protections for individuals’ civil and constitutional rights, are to be monitored. Part of that monitoring will be accomplished through these complaint reporting and resolution procedures, which the parties to the MOA have egreed to follow. ‘The MOA sets forth the process for designation, training, and certification of certain LEA personnel to perform certain immigration enforcement functions specified herein. Complaints filed against those personnel in the course of thelr non-immigration duties will remain the domain of the LEA and be handled in accordance with the LEA's Manual of Policy and Procedures, or equivalent rules, regulations or procedures. The LEA will elso handle complaints filed against personnel who may exercise immigration authority, but who are not designated and ied under this MOA. ‘The number end type of the latter complaints will be monitored by the Steering Committee established under Section XVI of the MOA. In order to simplify the process for the public, complaints against participating LEA personnel relating to their immigration enforcement can be reported in a number of ways. The ICE Headquarters Office of Professional Responsibility (OPR) and the LEA’s Administrative Investigations Unit will coordinate complaint receipt and investigation. The ICE OPR will forward complaints to the Department of Homeland Security's Office of Inspector General (DHS O1G) as appropriate for review, and ensure notification as necessary to the U.S, Department of Justice Civil Rights Division (DOJ CRD). ‘The ICE OPR will coordinate complaints related to participating personnel with the LEA’s Administrative Investigations Unit as detailed below. Should circumstances warrant investigation of a complaint by the DHS OIG or the DOJ CRD, this will not preclude the DHS O1G, DOJ CRD, or ICE OPR from conducting the investigation in coordination with the LEA’s Administrative Investigations Unit, when appropriate, ‘The ICE OPR will adhere to established procedures relating to reporting and resolving allegations of employee misconduct, and the LEA’s Administrative Investigations Unit will follow applicable LEA policies end procedures, personnel rules, state statutes, and collective bargaining agreement requirements. 421, Complaint Reporting Procedures Complaint reporting procedures shall be disseminated as appropriate by the LEA within facilities under its jurisdiction (in English and other Ianguages as appropriate) in order to ensure that individuals are aware of the availability of such procedures. Complaints will be secepted from any source (e.g.: ICE, LEA, participating LEA personnel, inmates, and the public), Complaints can be reported to Federal authorities as follows: A. Telephonically to the ICE OPR at the Joint Intake Center (JIC) in Washington, D.C., atthe toll-free number 1-877-246-8253, or B, Telephonically to the Resident Agent in Charge of the ICE OPR office in Long Beach, CA (562)980-3170, or C. Via mail as follows: U,S. Department of Homeland Security ULS. Immigration and Customs Enforcement Office of Professional Responsibility 425 1 Street, NW Room 3260 Washington, D.C, 20536 Complaints can also be referred to and accepted by any of the following LEA entities: ‘A. The LEAs Administrative Investigations Unit Captain Will Minor Professional Standards Bureau 400 Stewart Ave. Las Vegas, NV 89101 (702) 828-3432 B, The supervisor of any participating LEA personnel 2. Review of Complaints All complaints (written or oral) reported to the LEA directly, which involve sctivities connected to immigration enforcement activities authorized under this MOA, will be reported to the ICE OPR. The ICE OPR will verify participating personnel status under the MOA with the assistance of the Special Agent in Charge of the ICE Office of Investigations in Tucson, Arizona. Complaints received by any ICE entity will be reported directly to the ICE OPR as per exi ICE policies and procedures, 13Inall instances, the ICE OPR, as appropriate, will make an initial determination regarding DHS investigative jurisdiction and refer the complaint to the appropriate office for action as soon as possible, given the nature of the complaint, Complaints reported directly to the ICE OPR will be shared with the LEA’s Administrative Investigations Unit when the complaint involves LEA personnel. Both offices will then coordinate appropriate investigative jurisdiction, which may include initiation of a joint investigation to resolve the issue(s). 3, Complaint Resolution Procedures Upon receipt of any complaint, the ICE OPR will undertake a complete review of each complaint in 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 O10 and/or the DOJ CRD, Complaints will be resolved using the existing procedures, supplemented as follows: A. Referral of Complaints to LEA’s Administrative Investigations Unit. ‘The ICE OPR will refer complaints, as appropriate, involving LEA personnel to the LEA’s Administrative Investigations Unit for resolution. ‘The Deputy Chief will inform ICE OPR of the disposition and resolution of any complaints referred by ICE OPR. B, Interim Action Pending Complaint Resolution ‘Whenever any participating LEA personnel are under investigation and subject to interrogation by the LEA for any reason that could lead to disciplinary action, demotion, or dismissal, the requirements of the LEA shall be honored. If appropriate, an individual may be removed from participation in the activities covered under the MOA pending resolution of an inquiry. C. Time Parameters for Resolution of Complaints It is expeoted that any complaint received will be resolved within 90 days, However, this will depend upon the nature and complexity of the substance of the ‘complaint itself. D. Notification of Resolution of a Complaint ICE OPR will coordinate with the LEA’s Administrative Investigations Unit to censure notification as appropriate to the subject(s) of a complaint regarding the resolution of the complaint. 4APPENDIX C PUBLIC INFORMATION POINTS OF CONTACT Pursuant to Section XVIII of this MOA, the signatories agree to coordinate any release of information to the media regarding actions taken under this MOA. The points of contact for coordinating such activities are: For the LEA: Carla Alston Director of Public Information Office 400 Stewart Ave. Las Vegas, NV 89101 (702)828-4083 For ICE: Public Affairs Officers Virginia Kice and Lori Haley Office of Public Affairs and Internal Communication U.S. Department of Homeland Security U.S, Immigration and Customs Enforcement 24000 Avila Rd, Laguna Niguel, CA 92677 (049)360-3096 15certain immigration enforcement fictions a8 Specified herein, It is the intent of the part these delegated authorities will enable the LYMPD to identify and process immigrate cee and conduct criminal investigations under ICE Supervision, as detailed herein, within the confines of the LVMPD’s area of responsibility, The LVMPD and ICE enter into this MOA in 800d faith and agree to abide bythe terms and conditions eontatned hore I. PURPOSE Jurisdiction and powers normally possessed participating LVMPD personnel as members of the LVMPD. However, the exercise of the immigration enforcement authority granted under this MOA to participating LVMPD personnel shall occur only as provided in this MOA, I AUTHORITY Seotion 287(g) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1357%(g) (1996), as amended by the Homeland Scourity Act of 2002, Public Law 107-296, authorizes the This MOA sels forth the following: 1) the functions of an immigration officer that DHS is Guorizing the participating LVMED personnel to perform; 2) the duration of the authority conveveds 3) the supervisory requirements, including the requiroment tht participating LVMPD Heer One subset to ICE supervision while performing immigration-releted dutles pursuant {itis MOA; and 4) program information or data thatthe LVMPD is requted to collec: as part of the operation of the program, For the purposes of this MOA, ICE offers will provide supervision for participating LVMPD personnel only as to immigration enforcement elo {immigration Investigative funotions as authorized in this MOA. LVMPD retains supervision of all other aspects of the employment and performance of duties by participating LVMPD l. personnel at EXHBIT “2”+ y Tho LVMPD is expected to pursue to completion al criminal charges thet caused the taken nto eustody and over which the LVIMPD ba jurnicvons st CMe te aon o be ICE will assume custody of an alien 1) who has been convicted of a State, Local or Fe offense only after being informed by the alien's custodian that suoh alien hs concluded ees of any sentence of incarceration; 2) who has prior criminal convictions and when immigration detention is required by statute; and 3) when the ICE Office of Detention and Removal Operations (DRO) Field Office Director (FOD) or his designee decides on a case-by-case basis to assume custody of an alien who does not meet the above criteria, IV. DESIGNATION OF AUTHORIZED FUNCTIONS ‘Approved participating LVMPD personnel will be authorized to perform immigration officer funotions outlined in 287(g)(1) of the INA regarding the investigation, apprehension, or detention of aliens in the United States, subject to the limitations contained in the Standerd Operating Procedures (SOP) in Appendix D to this MOA, V. DETENTION AND TRANSPORTATION ISSUES ICE retains sole discretion in determining how it will manage its limited detention resources and ‘mest its mission requirements, ICE Field Office Directors may, in appropriate cases, decline to detain aliens whose detention is not mandated by Federal statute. ICE and the LVMPD will prioritize the detention of aliens in conformity with ICE detention Priorities. ICE reserves the right to detain aliens to the extent provided by law. Tf ICE doems it necessary, the LVMPD may enter into an Inter-Governmental Service Agreement (IG8A) with ICE pursuant to which the LVMPD will provide, for a reimbursable fee, detention of incarcerated aliens in LVMPD facilities, upon the completion of their sentences. If ICE and the LVMPD enter into an IGSA, the LVMPD must meet the applicable ICE National Detention Standards. In addition to detention services, if ICE deems it necessary, the IGSA may include a ‘transportation component for the transportation of all incarcerated alicns for a relmbursable fee, Under a transportation IGSA, the LVMPD will transport all incarcerated aliens in its facilities who are subject to removal, upon completion of their sentences, to a facility or location designated by ICE, Reimbursement to the LVMPD will occur only when the LYMPD obtained priot approval of ICE for the transportation, ICE will not reimburse if the LVMPD did not obtain prior approval from ICE. ‘The parties understand that the LVMPD will not continue to detain an alien after that allen is ligible for release from the LVMPD's custody in accordance with applicable law and LVMPD polloy, except for a period of up to 48-hours, excluding Saturdays, Sundays, and any Federal holiday, pursuant to an ICE detainer issued in accordance with 8 C.P.R. § 287.7, absent an [GSA. in place as deseribed above,VI. NOMINATION OF PERSONNEL ‘The LVMPD will nominate candidates for ICE training and approval under this MOA. All ‘candidates must be United States citizens. The LVMPD js responsible for conducting a criminal background check within the last five years for all nominated candidates, Upon request, the LYMPD will provide all related information and materials it collected, referenced, or considered during the criminal background check for nominated candidates to ICE, In addition to the LVMPD beekground check, ICE will conduct an independent background check for each candidate, This background check requires all cendidates to complete a background questionnaire. ‘The questionnaire requires, but is not limited to, the submission of fingerprints, a persona! history questionnaire, and the candidate's disciplinary history (including allegations of excessive force or discriminatory action), ICE reserves the right 1o query any and every national and international law enforcement database to evaluate a candidate's suitability to participate in the enforcement of immigration authorities mer this MOA. Upon request by ICE, the LVMPD will provide continuous access to disciplinary records ofall candidates along with « ‘written privacy waiver signed by the candidate allowing ICE to have continuous access to his or her disciplinary records, ‘The LVMPD agrees to use due diligence to screen individuals nominated for training and agrees that individuals who successfully complete the training under this MOA will perform imumigration officer functions authorized under 287(g) of the INA for a minimum of two years. If LVMPD personnel under consideration are in & bargeining unit, that LVMPD must, prior to the execution of the MOA, have an agreement with the exclusive representative that allows the designated officers to remain in their position for a minimum of two years. This requirement, may be lifted solely at the discretion of ICE for good cause in situations thet involve, among. other things, imminent promotion, officer career development, and disciplinary actions, Failure by the LVMPD to fulfill this commitment could jeopardize the terms of this MOA, and ICE reserves the right, under these circumstances, to take appropriate action as necessary, including terminating this MOA. All LVMPD candidates shall have knowledge of and have enforced laws and regulations pertinent to thelr law enforcement gotivities and their Jurisdictions, In the tesk force model setting, all LVMPD task force officer candidates must be sworn/certified officers, must possess arrest authority, must be authorized to carry firearms, and must be ‘employed full-time by the LVMPD. Each LVMPD candidate must certify that he/she is not prohibited from carrying a firearm pursuant to State or Federal law, including, but not limited to, the Lautenberg Amendment (18 U.S.C. § 922(g)(8) or (9)). All LVMPD candidates must be by ICE and must be able to qualify for access to appropriate DHS and ICE Matbmsee” Should cards not be approved qualified substitute candidate may be submitted. Such substitution must occur without delaying the start of training, ‘Any future expansion in the number of participating LVMPD personnel or scheduling of additional training classes may be based on an oral agreement between the pasties and is subject toll the requirements ofthis MOA and the accompanying SOP,VII. TRAINING OF PERSONNEL ICE will provide participating LVMPD personnel with Immigration Authority Delegatior Program (ADP) training consistent with the accompanying SOP, a : i ‘VIL CERTIFICATION AND AUTHORIZATION Before participating LVMPD personnel receive authorization to perform immigration officer fimetions granted under this MOA, they must successfully complete the IADP training, os described in the accompanying SOP, ‘The IADP will be provided by ICE instrutors who will ‘rain participating LVMPD personnel in the enforcement of Federal immigration laws and policies, the scope of the powers delegated pursuant fo this MOA and efvil rights and civil liberties practices. Participating LVMPD personnel must pass an ICE examination after instruction, Upon completion of training, those LVMPD personnel who pass the ICE ‘examinations shall be deemed “ertified” under this MOA. ICE will certify in writing the names of those LVMPD personnel who successfully complete training and pass all required test(s). Upon receipt ofthe certification, the ICE Special Agent in Charge (SAC) and/or the ICE FOD in Salt Lake City, Utah will provide the participeting LYMPD personnel signed authorization letter allowing the named LVMPD personnel to perform specified functions of an immigration officer for an initial period of one year from the date of the authorization, ICE will also provide a copy ofthe authorization letter to the LVMPD. Only those certified LVMPD personnel who receive authorization letters issued by ICE and whose immigration enforcement efforts are subject to a designated ICE supervisor may conduct {immigration officer functions described in this MOA. ‘Along with the authorization letter, ICE will issue the certified LVMPD personnel official of Authority credentials. Upon receipt of the Delegation of Authority credentials, LVMPD personnel will provide ICE a signed receipt of the credentials on the ICE Record of Receipt ~ Property Issued to Employee (Form G-570), Authorization of participating LVMPD personnel to act pursuant to this MOA may be withdrawn at any tine and for any reason by ICE or the LVMPD, and must be memorialized in a written notice of withdrawal identifying an effective date of withdrawal and the personnel to which the withdrawal pertains. Such withdrawal may be effectuated immediately upon notice to the other parly, The LVMPD and the ICE FOD in Salt Lake City, Utah will bo responsible for notification of the appropriate personnel in thei respective agencies. ‘The termination of this MOA shell constitute Immediate revocation of all immigration enforcement authorizations delegated hereunder. ‘The LYMPD will immediately notify CB when any certified and/or authorized LVMPD is no longer participating in the 287(g) program so thet appropriate action can be taken, including termination of user account access to DHS and ICR systems.VE De IX, COSTS AND EXPENDITURES Participating agencies are responsible for personnel expenses, including, but not limited t salaries and benefits, local transportation, and official issue material, The EMD is. responsible for the salaries and benefits, including overtime, of all of its personnel boing trtined or performing duties under this MOA and of those personnel performing the regular functions of ‘the participating LVMPD personnel while they are receiving training, The LVMPD will cover ‘the costs of all LYMPD personnel’s travel, housing, and per diem affiliated with the taining required for participation in this MOA, ICE is responsible for the salaries and benefits of all of its personnel, including instructors and supervisors. IFICE determines the tralning provides a direct service for the Government and it is inthe best interest of the Government, the Government may issue travel orders to selected personnel and telmburse travel, housing, and per diem expenses only, ‘The LVMPD temains responsible for paying salaries and benefits of the selected personne. ICE will provide instructors and training materials. Subject to the availability of fiunds, ICE will be responsible for the purchase, Installation, and ‘maintenance of technology (computer/IAFIS/Photo and similar hardware/softwarc) necessary to support the investigative functions of participating LVMPD personnel at each LVMPD facility with an active 287(g) program, Only participating LYMPD personnel certified by ICE may use this equipment. ICE will also provide the necessary technological support and software updates. for use by participating LVMPD personnel to accomplish the delegated functions. Such hardware, software, and other technology purchased or provided by ICE shall remain the property of ICE and shall be retumed to ICE upon termination of this agreement, or when deemed necessary by the ICE SAC and/or the ICE FOD in Salt Lake City, Utah, ‘The LVMPD is responsible for covering all expenses at the LVMPD facility regarding cabling and power upgrades. Ifthe connectivity solution forthe LVMPD is determined to include use of the LVMPD's own communication lines - (phone, DSL, site owned T-1/T-3, etc), the LVMPD. ‘will be responsible for covering any installation and recurring costs associated with the LVMPD line. ‘The LVMPD is responsible for providing all administative supplies, such as paper, toner, pens, pencils, or other similar items necessery for normal office operations. The LVMPD is also responsible for providing the necessary security equipment, such as handouts, leg restraints and flexi cuff, etc, Also, if ICE deems it necessary, the LVMPD will provide ICE, at no cost, with an office within ‘each participating LVMPD facility for ICE supervisory employees to work.X, ICE SUPERVISION Immigration enforcement activities conducted by the participating LVMPD personnel supervised and directed by ICE certo. officers of designated 1 bre Participating LVMPD personnel are not authorized to perform immigration officer function. xcept when working under the supervision or guidance of ICE. To establish supervisory and other administrative responsibilities, the FOD will specify the supervisory and other ‘administrative responsibilities in an accompanying agreed-upon SOP. Participating LVMPD personnel shall give timely notice to the ICE supervisory officer within 24 hhours of any detainer issued under the authorities set forth in this MOA. ‘The actions of participating LVMPD personnel will be reviewed by ICE supervisory officers on an ongoing basis to ensure compliance with the requirements of the immigration laws end procedures and to assess the need for individual training or guidance. For purposes of this MOA, ICE officers will provide supervision of participating LVMPD personnel only as to immigration enforcement fictions and for investigations conducted in conjunction to this authority, The LVMPD retains supervision of all other aspects of the employment of and performance of duties by participating LVMPD personnel, {In the absence of a written agreement to the contrary, the policies and procedures to be utilized by the participating LVMPD personnel in exercising these authorities shall be DHS and ICE Policies and procedures, including the ICE. Use of Force Policy. However, when engaged in immigration enforcement activities, no pasticipating LVMPD personnel will be expected or required to violate or otherwise fail to maintain the LVMPD's rules, standards, or policies, or be required to fail to abide by restrictions or limitations as may otherwise be imposed by law. Ifa conflict arises between an order or direction of an ICE supervisory officer or a DHS or ICE polley and the LVMPD's rules, standards, or policies, the conflict shall be promptly reported to the FOD in Salt Lake City, Utah, or designees, and the LVMPD, or designes, when circumstances safely allow the concern to be raised. The FOD in Salt Lake City, Utah and the LYMPD shall attempt to resolve the conflict. XI, REPORTING REQUIREMENTS ICE does not require the LVMPD to provide statistical or arrest data above what is entered into ENFORCE; however, ICE reserves the right to request the LVMPD provide specific tracking data and/or any information, documents, or evidence related to the clroumstances of a particular alien's arrest. ICE may use this data to compare and verify ICE's own data, and to fulfill ICE's statistical reporting requirements, or to assess the progress and success of the LVMPD's 287(g) program, XIL, LIABILITY AND RESPONSIBILITY — If any partlolpating LVMPD personnel are the subject of @ complaint of any sort that may result Ih tae tnual vociveg enployer ilps er tocar tie selec of cea) y investigation or civil lawsuit, the LVMPD shall, to the extent allowed by State law, immedi notify the local point of contact for the ICE Office of Professional expen (OPR) ate SACIFOD 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, es specified herein, by participating LVMPD personnel shall be handled as described below, 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 LVMPD will be. esponsible and bear the costs of participating LYMED personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to lability, Participating LVMPD personnel will be treated as Federal employees only for purposes of the Federal 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 on behalf of ICE as authorized by this MOA, 8 U,S.C. § 1357(g)(7)3 28 U.S.C. § 2671. It is the understanding of the parties to this MOA that ipating LVMPD personnel 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 actions conducted in compliance with this MOA, 8 U.S.C. § 1357(2)(8). Pauticipating LVMPD personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice, Such requests must be made in wrlting directed to the Attomey General of the United States, end will be handled in eoordination with the SAC and/or the FOD in Salt Lake City, Uteh 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 the ICB Office of the Chief Counsel et 3373 Pepper Lane, Las Vegas, Nevada, 89120. Any request for representation and related correspondence must be cleatly marked “Subject to Attomey-Client Privilege.” ‘The Office of the Chief Couns! will forward the individual's request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsult, to the ICE. Headquarters Office ofthe Principal Legal Advisor, which will forward the request, the fuctual memorandum, and an advisory statement opining whether such representation would be in the interest of the Staff, Civil Division, misconduct on the part of participating LVMPD personnel. ‘The LVMPD 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, and documents, Failure to do so may result in the termination of this MOA. Fallure of an officer to cooperate in ony Federal investigation related to this MOA may result in revocation of such individual's authority provided under this MOA, The LVMPD 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 LVMPD personnel under ‘threat of disciplinary action in an administrative investigation cannot be used against thety y individual in subsequent criminal proceedings, consistent with Ganty v, Now Jersey, 385 U.S. 493 (1967), and its progeny, as Us As the ectivities of participating LVMPD personnel under this MOA are undertaken under Federal authority, the participating LVMPD personnel will comply with Federal standards and guidelines relating to the Supreme Court's decision in 405 U.S. 150 (1972), and its progeny, which relates to the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. ‘The LVMPD and ICE are each responsible for compliance with the Privacy Act of 1974, as applicable, and related system of records notices with regard to data collection arid use of information under this MOA. The applicable Systems of Record Notice for privacy compliance 1s the ENFORCE Systems of Records Notice, 71 FR 13987, dated March 20, 2006. XIIL, COMPLAINT PROCEDURES: ‘The complaint reporting procedure for allegations of misconduet by pasticipating LVMPD personnel, with regard to activities undertaken under the authority of this MOA, is ineluded in Appendix B, XIV. CIVIL RIGHTS STANDARDS Participating LVMPD personnel are bound by all Federal civil rights laws, regulations, guidance relating to non-disorimination, including the U.S, Department of Justice “Guidance Regarding ‘The Use Of Race By Federal Law Enforcement Agencies” dated June 2003 and Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq., which prohibits discrimination based upon race, color, or national origin (including limited English proficiency) in any program or activity receiving Federal financial assistance, XV. INTERPRETATION SERVICES Participating LVMPD personnel will provide an opportunity for subjects with limited English language proficiency to request an Interpreter. Qualfled forelgn language interpreters will be provided by the LYMPD, #8 needed, ‘The LVMPD will maintain a list of qualified interpreters or companies it contracts with to provide such interpreters. Partlolpating law enforcement personnel will be instructed on the proper administrative procedures to follow to obtain the services of an interpreter. A qualified interpreter means an interpreter who can interpret effectively, accurately, and impartially, using any specialized vocabulary, If an interpreter is used when a designated officer is performing functions under this MOA, the interpreter must be identified, by name, in records, XVI. COMMUNICATION ‘The ICE SAC and/or FOD in Salt Lake City, Utah, and the LYMPD shall meet at least annually, and as needed, to review and esses the immigration enforcement activities conducted by they y participating LVMPD personnel, and to ensure compliance with the terms of this MOA. When necessary, ICE and the LVMPD may limit the participation of these meetings in regards to non. law enforcement personnel, The attendees will meet in Las Vegas, Nevada at locations to be agreed upon by the parties, or via teleconference, The participants will be supplied with spectfic information on case reviews, individual participants’ evaluations, complaints filed, media overage, and, to the extent practicable, statistical information on immigration enforcement sctivity in Las Vegas, Nevada. An initial review meeting will be held no later than nine months sites serifcaion of the inal class of patefpatng LVMPD personel under Section VII, ve, XVIL COMMUNITY OUTREACH The LVMPD may, at its discretion, engage in community outreach with individuals and organizations expressing an interest in this MOA. ICE may participate in such outreach upon the LVMPD's request. Nothing in this MOA shall limit ICE’s own community outreach program. XVII RELEASE OF INFORMATION TO THE MEDIA AND OTHER THIRD PARTIES The LVMPD may, at its discretion, communicate the substance of this agreement to organizations and groups expressing an interest in the law enforcement activities to be engaged {n under this MOA, It is the practice of ICE to provide a copy of this MOA, only after it hos ‘been signed, to requesting media outlets; the LVMPD is authorized to do the same, ‘The LVMPD hereby agrees to coordinate with ICE prior to releasing any information relating to, or exchanged under, this MOA, including any SOPs developed for the implementation of this MOA. Information obtained or developed as a result of this MOA is under the control of ICE ‘and shall be subject to public disclosure only pursuant to the provisions of applicable federal Taws, regulations, and executive orders. Insofar as any documents created by the LVMPD contain information developed or obtained as a result of this MOA, such documents shall not be considered public records, ‘The release of statistical information regarding the 287(g) program must be coordinated with the ICE Office of Public Afthirs. The LVMPD hereby agrees to coordinate with ICE regarding information to be released to the media regarding actions taken under this MOA, In the task force model setting, all contact with the media involving investigations conducted under this MOA by Task Force Officers (TO) will be done pursuant to ICE policy. ‘The points of contact for ICE and the LVMPD for this purpose are identified in Appendix C, Appendix B to this MOA describes the complaint procedures available to members of the public regarding actions taken by participating LVMPD personnel pursuant to this agreement, XIX. MODIFICATIONS TO THIS MOA Modifications to this MOA must be proposed in writing and approved and signed by the signatories, Modification to Appendix D shall be done in accordance with the procedures outlined in the SOP.XX. POINTS OF CONTACT ICB and LVMPD points of contact for purposes of this MOA are identified in Appendix A. Points of contact (POC) can be updated at any time by providing a revised Appendix A to the other party to this MOA. XXI, DURATION AND TERMINATION OF THIS MOA. ‘This MOA will remain in effect for three (3) years ftom the date of signing unless terminated earlier by either party. At the expiration of the three year effective period, ICE and the LVMPD. shall review the MOA and modify, extend, or permit the MOA to lapse. During the MOA’s effective period, either party, upon written notice to the other party, may terminate the MOA at any time. A termination notice shalt be delivered personally or by certified or registered mail and termination shall take effect immediately upon receipt of such notice. Bither party, upon written or oral notice to the other party, may temporarily suspend activities under this MOA. when resource constraints or competing priorities necessitate such suspension, Notice of termination or suspension by ICE shall be given to the LVMPD. ‘Notice of termination or suspension by the LVMPD shall be given to the FOD in Salt Lake City, Utah, Upon a good faith determination that the LVMPD is not fulfilling its duties, ICE shall notify the LVMPD, in writing, and inform the LVMPD that it has 90 days to demonstrate a continued need for 287(e) program services. If this continued need is not demonstrated by the LVMPD, the authorities and resources given to the LVMPD pursuant to this MOA will be terminated or suspended. Upon a subsequent demonstration of need, all costs to reinstate access to such authorities and/or program services will be incurred by the LVMPD. ‘This MOA does not, 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,) ye By signing this MOA, cach party represents its fully authorized to enter into this MOA, accepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to be bound thoreto to the fullest extent allowed by law. 2 yr ocr 15, LE: pets; £0, ‘Morton Doug Gillespie Assistant Secretary Sheriff Inuigration and Customs Enforcement Las Vegas Metropolitan Police Department Department of Homeland Security Las Vegas, Nevada uAPPENDIX A POINTS OF CONTACT The ICE and LVMPD points of contact for purposes of implementation of this MOA are: Forthe LVMPD: Captain Leroy Kirkegard (702) 671-3862 . 330 8. Casino Center Blvd. Las Vegas, Nevada 89101 For ICE DRO: SDDO John T, Moore (702) 388-6614 3373 Peppor Lene. Las Vegas, Nevada 89120APPENDIX B COMPLAINT PROCEDURE This Memorandum of Agreement (MOA) is between the US Department of Homeland Security's Immigration and Customs Enforcement (ICE) and the Las ‘Vepts Metropolitan: Poles Department, (LVMPD), pursuant to which selected LVMPD ‘personnel are authorized to perform immigration enforcement duties in specific situations under Federal authority. As such, the training, supervision, and performance of participating LVMPD personnel pursuant to the MOA, ‘as well as the protections for U.S. citizens’ and aliens’ civil and constitutional. rights, are to be monitored. Part of that monitoring will be accomplished through these complaint reporting and resolution procedures, which the parties to the MOA have agreed to follow. ‘The MOA sets forth the process for designation, training, certification, and authorization of certain LVMPD personnel to perform certain immigration enforcement functions specified herein, Complaints filed against those personnel in the course of their non-immigration duties will remain the domain of the LVMPD and be handled in accordance with the LVMPD's Manual of Policy and Procedures, or equivalent rules, regulations, or procedures, that may result in that investigation or ‘be promptly reported to ICE, The ICE notifications should be made to the SAC and the Office of Professional Responsibility (OPR) points of contact in Los Angeles, California, Complaints regarding the exercise of immigration enforcement authority by participating LVMPD personnel shall be handled as described below. The LVMPD will also handle complaints filed against LVMPD personnel who are not designated and certified pursuant to this MOA but are acting in immigration functions in violation of this MOA. Further, any such complaints regarding non-designated LVMPD personnel shall be forwarded to the FOD in Salt Lake City, Utah, In order to simplify the process for the public, complaints against participating LVMPD personnel relating to their immigration enforcement can be reported in the following manner “Complaint and Allegation Reporting Procedures,”Comptaint reporting procedures shall be disseminated by the LVMPD within facilities under its Jurisdiction (in English and other languages as appropriate) in order to ensure that individuals are aware of the availability of such procedures. Such reporting procedures shall also be included facility manuals for detainees who have been processed under the 287(g) program. Such ‘material must include up-to-date contact information necessary to file the complaint, Complaints will be accepted from any source (o.g, ICE, LVMPD, inmates, and the public). ICE will immediately forward a copy of the complaint to the DHS Office for Civil Rights and Civil Liberties (CRCL) Review and Compliance. Complaints can be reported to Federal authorities as follows: A. Telephonically to the DHS Office of the Inspector General (DHS OIG) at the toll free number 1-800-323-8603, or B, Telephonioally to the ICE OPR at the Joint Intake Center (JIC) in Washington, D.C, at the tolhfree number 1-877-246-8253, email Aoint.Intake@dhs,eov, or C. Via mail as follows: Department of Homeland Security Imenigration and Customs Enforcement Office of Professional Responsibility P.O, Box 14475 Pennsylvania Avenue NW Washington D.C. 20044 2, Review of Complaints All complaints or allegations (written or oral) reported to the LVMPD directly that involve LVMPD personnel with ICE delegated authority will be reported to ICE OPR, ICE OPR will verify participating personnel status under the MOA with the assistance of the SAC of the ICE Office of Investigations in Los Angeles, California. Complaints received by any ICE entity will bbe reported directly to ICE OPR as per existing ICE policies and procedures, ICE OPR, as appropriate, will make an initial determination regarding ICE investigative Jurisdiction and refer the complaint to the appropriate ICE office for action as soon as possible, given the nature of the complaint, Complaints reported directly to ICE OPR will be shared with the LVMPD's Intemal Investigations Unit when the complaint involves LVMPD personnel. Both offices will then coordinate appropriate investigative jurisdiction, which may include initiation of a joint investigation to resolve the issue(s),3, Complaint and Allegations Resolution Procedures Upon receipt of any complaint or allegation, ICE OPR will undertake a complete review of each int in accordance with existing ICE allegation criteria and reporting requirements. As Stated above, the ICE OPR will adhere to the reporting requirements as stated above and as they telate to the DHS OG and CRCL and/or the DOJ CRD. Complaints will be resolved using the existing procedures, supplemented as follows: A. Refer of Complaints or Allegations to the LVMPD’s Internal Investigations nit, The ICE OPR will refer complaints, as appropriate, involving LVMPD personnel fo the LVMPD's Internal Investigations Unit for resolution. The Chief will inform ICE OPR of the disposition and resolution of any complaints or allegations against LVMPD's pertictpating officers, B. Interim Action Pending Complaint Resolution ‘When participating LVMPD personnel are under investigation for any reason that could lead to disciplinary action, demotion, or dismissal, or are alleged to have violated the terms of this MOA, ICE may revoke that individual's authority and have that individual removed ftom participation in the activities covered under the C. Time Parameters for Resolution of Complaints or Allegations It is expected that any complaint received will be resolved within 90 days of receipt. However, this will depend upon the nature and complexity of the substance of the complaint itself, D, Notification of Resolution ofa Complaint or Allegation ICE OPR will coordinate with the LVMPD's Internal Investigations Unit to ensure notification as appropriate to the ICE SAC in Los Angeles, California, the subject(s) of a complaint, and the person filing the complaint regarding’ the resolution of the complaint. ‘These Complaint Reporting and Allegation Procedures are ICE's intemal policy and may be supplemented or modified by ICE unilaterally,. ICE will provide LVMPD with written copies of any such supplements or modifications. ‘These Complaint Reporting and Allegation Procedures apply to ICE and do not restrict or apply to other investigative organizations within the federal ‘goverment, 15APPENDIX C PUBLIC INFORMATION POINTS OF CONTACT Pursuant to Section XVIII of this MOA, the signatories agree to coordinate appropriate release of information to the media regarding actions taken under this MOA before any information is teleased, The points of contact for coordinating such activities are: For the LVMPD:; Public Affairs Officer: Carla Alston (702) 828-4083 400 B. Stewart Ave Las Vegas, Nevada 89101 For ICE: Public Affairs Officer: Office of Public Affairs and Internal Communication USS. Departinent of Homeland Security U.S. Immigration and Customs Enforcement ‘Wester Regional Communications Ditestor/Spokesperson (949) 360-3096) y APPENDIX D STANDARD OPERATING PROCEDURE (SOP) TEMPLATE ‘The purpose of this appendix is to establish standard, uniform procedures for the implementation and oversight of the 287(g) delegation of authority program within the SACFOD aes of responsibility. This appendix can be modified only in writing and by mutual acceptance of the SAC/FOD, the LVMPD, the ICE Office of State and Local Coordination (OSLC) and the ICE Office of the Principal Legal Advisor (OPLA). ‘There are two models for the 287(g) program, a Task Force Officer (TFO) model or a Detention model. Pursuant to this MOA, LVMPD has been delegated authorities under the Detention model as outlined below, Prioritization: ICE retains sole disoretion in determining how it will manage its limited resources and meet its mission requirements. To ensure resources are managed effectively, ICE requires the LVMPD. to also manage its resources dedicated to 287(g) authority under the MOA. To that end, the following list reflects the categories of aliens that are a priority for arrest and detention with the highest priority being Level 1 criminal aliens, Resources should be prioritized to the following levels: © Level 1 ~ Alicns who have been convicted of or arrested for major drug offenses and/or violent offenses such as murder, manslaughter, rape, robbery, and kidnapping; 1 Level 2 = Aliens who have been convicted of or arrested for minor drug offenses and/or mainly property offenses such as burglary, larceny, fraud, and money laundering; and Level 3 — Aliens who have been convicted of or arrested for other offenses. ‘Dining: ‘The 287(g) training program, the Immigration Authority Delegation Program (LADP), will be taught by ICH instructors and tlre fo the immigration fneions fo be performed, TCE Office of Training and Development (OTD) will proctor examinations during the ADP, The LVMPD. nominee must pass each examination with a minimum score of 70 percent to receive certification. If the LVMPD nominee fails to attain a 70 percent rating on an examination, the LVMPD nominee will have one opportunity to remediate the testing material and re-ake a similar examination, During the entire duration of the IADP, the LVMPD nominee will be offered a maximum of one remediation examination, Failure to achieve a 70 percent on any two examinations (inclusive of any remediation examination), will result in the disqualification of the LVMPD nominee and their discharge from the IADP. 7Training will include, among ther topics: (i) disoussion of the terms and limitations of this MO<; (i) the scope of immigration officer authority; (i) relevant immigration law; (iv) the ICE ‘Use of Force Policy; (v) civil rights laws; (vi) the U.S, Department of Justice “Guidance Regarding the Use Of Race By Federal Law Enforcement Agencies,” dated June 2003; (vil) Public outreach and complaint procedures; (viil) liability issues; (1x) cross-cultural issues; and (x) the obligation under Federal law and the Vienna Convention ‘on Consular Relations to make proper notification upon the arrest or detention ofa foreign national. Approximately one year after the participating LVMPD personnel are trained and certified, ICE may provide additional updated training on relevant administrative, legal, and operational issues related to the performance of immigration officer fimetions, Local training on relevant issues will be provided as needed by ICE supervisors or designated ICE team leaders. An OSLC designated official shall, in consultation with OTD and local ICE officials, review on an annual basis and, if needed, refresh training requirements. ‘Trained LVMPD personnel will receive, as needed, a DHS email account and access to the necessary DHS applications, The use of the information technology (IT) infrastructure and the DHS/ICE IT scourity policies are defined in the Interconnection Security Agreement (ISA), The ISA is the agreement between ICE Chief Information Security Officer (CISO) and LVMPD Designated Accreditation Authority (DAA), LVMPD agrees that ench of its sites using ICE- network access or equipment will sign the ISA, which defines the IT policies and rules of behavior for each user granted access to the DHS network and applications. Failure to adhere to the terms of the ISA could resutt in the loss of all user privileges. Data Collection: ENFORCE is the primary processing system for alien removals and is the main resource for statistical information for the 287%(g) program, All ENFORCE entries must be completed in accordance with established ICE polices and adhere to OSLC guidance, ICE does not require the LVMPD to provide statistical or arest data above what is entered into ENFORCE; however, ICE reserves the right to request specific tracking or arrest data be ‘maintained and provided for comparison and verification with ICE’s own data end statistical information, This data may also be used for ICE's statistical reporting requirements or to assess the progress and success of the LVMPD's 287(g) program, ‘The LVMPD and ICE are each responsible for compliance with the Privacy Act of 1974, as applicable, and related system of records notices 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, 18,DETENTION MODEL: LVMPD personnel will exercise their immigration-related authorities only during the course of their normal duties while assigned to LVMPD jall/correctional facilities, Participating LVMPD personnel will identify and remove criminal aliens that reside within the LVMPD’s jurisdiction pursuant to the tlered level of priorities set forth in Appendix D's “Prioritization” section. ‘The following identifies each entity's roles and responsibilities. These roles and responsibilities include, but are not limited to: The participating LVMPD personnel are authorized to perform the following functions os allowed by 287(g) of the INA for the Detention Model: . The power and authority to interrogate any person believed to be an allen as to his right to be or rernain in the United States (INA § 287(a)(1) and 8 CER. § 287.5(a)(1)) and to Process for immigration violations any removable alien or those aliens who have been arrested for violating a Federal, State, or local offense; * The powor and authority to serve warrants of arrest for immigration violations pursuant 10 INA § 287(a) and 8 CER. § 287.5(@\(3); The power and authority to administer oaths and to take and consider evidence (INA § 287(b) and 8 CFR. § 287.5(0)2)), to complete required criminal allen processing, inoluding fingerprinting, photographing, and interviewing of aliens, as well as the reparation of affidavits andthe taking of swom statements for ICE supervisory reviews ‘* The power and authority to prepare charging documents (INA § 239, 8 CFR. § 239.1; INA § 238, 8 CER § 238.1; INA § 241(@)(5), 8 CFR § 241.85 INA § 235(6)(1), 6 CER. § 235.3) including the preparation of a Notice to Appear (NTA) application or ‘other charging document, as appropriate, for the signature of an ICE officer for aliens in categories established by ICE supervisors; * The power and authority to issue immigration detainers (INA. § 236, INA § 287, and 8 CPR, § 287.7) and 1-213, Record of Deportable/inadmissible Alien, for processing aliens in categories established by ICE supervisors; and ‘The power and authority to detain and transport (INA § 287(g)(1) and 8 CFR. § 287.5(6)(6)) arrested aliens subject to removal to ICE-approved detention facilities, As noted under Appendix D’s “Prioritization” section, ICE requires the LVMPD to focus its use of the 287(g) program in accord with ICE’s priorities.Supervision: A 287(g) delegation of authority detention model is designed to identify and remove ali amenable to removal that are incarcerated within the LVMPD's detention feoilities Pusu the tiered level of priorities set forth in Appendix D's “Prioritization” section. The following Nduaiios ‘ak enly’s roles and responsibilities, These rotes and responsibilities include, but iss 7 The LVMPD shall provide ntifcaton t the ICE supervisor of any detanes paced 287(g) authorty within 24 hours oe ‘The LVMPD shall coordinate transportation of detainees processed under 287(g) authority in a ‘timely manner, in accordance with the MOA and/or IGSA. ‘The LVMPD is responsible for ensuring proper record checks have been completed, obtaining the necessary cour/eonviotion documents, and, upon arest, ensuring thet the alien is processed through ENFORCE/IDENT and served with the appropriate charging documents, The LVMPD must immediately report all encounters of an individual who claims U.S, citizenship to the FOD through their chain of command, The FOD shall make the appropriate notification to DRO headquarters, The ICE supervisor is responsible for requesting allen files, reviewing alien files for completeness, approval of all arrests, and TECS checks and input. The FOD office is responsible for providing the LVMPD with current and updated DHS policies regarding the arrest and processing of illegal aliens, On a regular basis, the ICE supervisors are responsible for conducting an audit of the IDENT/ENFORCE computer system entries and records made by the LVMPD's officers. Upon review and auditing of the IDENT/ENFORCE computer system entries and records, if errors are found, the ICE supervisor will communicate those errors in a timely manner to the responsible official for LVMPD, The ICE supervisor will notify the LVMPD of any errors in the system and the LVMPD is responsible for submitting a plan to ensure that steps are taken to correct, modify, or prevent the reourrence of errors that are discovered, Nominated Personnel; All LVMPD jail enforcement officer candidates shall have specific experience that should consist of having supervised inmates. Candidates must show that they have been trained on and ‘concemed with maintaining the security of the facility. Candidates must have enforced rules and regulations governing the facility on inmate accountability and conduct, Candidates must also ‘show an ability to meet and deal with people of differing backgrounds and behavioral patterns,U.S, Immigration and Customs Enforcement (ICE) andthe Las Veges Metropolitan Poll Department, hereby agreo fo extend the Memorandum of Agreement (MOA) tat wes ‘effective on October 15, 2009 by which ICE delegates nominated, tralned, certified, and authorized Las Vegas Matropaltan Plloe Department pero paro cartniengtonenfenart In the first sentence of the first paragraph of Section XI, DURATION AND ‘TERMINATION OF THIS MOA: ‘The phrase “for three (3) years” is hereby replaced with “until June 30, 2013", In the second sentence of the first paragraph of Section XX1, DURATION AND TERMINATION OF THIS MOA: ‘The phrase “At the expiration of the thres year effective peciod” is hereby replaced with “As of June 30, 2013", All other provisions of the MOA remain in full fores and effect as set forth therein. this addendum, each party reprosants it fs filly euthorlzed to enter Into this addendum, wats terms, responce cblipnion, aod inatans of is asda and agrees 10 be ‘bound thereto to tho fullest extent allowed by law. This addondum Is effective upon signature by ‘both parties, ue: DEC 28 202 te /e/27/)2. ary uglas C, Cites; ‘Executive Asscolate Director Sherif ‘and Removal Operations Las Vegas Metropolitan Police Department Department of Homeland Scourty EXHBIT “3”Oo oO ‘certain, parties that these delegated authorities will enable the LVMPD to identify and process violators under ICB supervision, as detailed herein, within the confines of the LYMPD's area of responsibility, The LVMPD and ICE enter into this MOA in good faith and ‘gree to ubide by the terms and conditions contained herein. 1 PURPOSE: ‘Tus purpose of this collsboration Is to enhance the safety and security of communities by Focusing resources on identifying and processing for removal eriminal alfens and those others ‘who fall into ICE's civil iramigration enforcement priorities, ile SiO ove Sah So ms and conditions Powers members of the LVMPD. However, the exercise of the immigration enforcement authority ‘granted under this MOA to participating LVMPD personnel shall occur only 9s provided in this Il, AUTHORITY ‘Scotlon 287%(g) of the Immigration and Natlonality Act (INA), codified at 8 U.S.C. § 135%(g) (1996), as amended by the Homeland Security Act of 2002, Public Law 107-296, authorizes the Seoretary of DHS, acting through the Director of ICB, to enter into waitien agreements with a ‘State or any political subdivision of a State so that qualified personnel oan perform certain furotions of ax immigration officer. This MOA conatiutes such a wziten agreetent. WL. POLICY Siang the piping EVENED pene oo immigration ofl dat DES. fs ‘suthorizing the participating LVMPD personnel duration authority convoy.) the supervioryrequltamat,icedng tne eapoenet tar LVMPD personnel are subject to ICE supervision to this MOA; and 4) program information or data that the L1 is to collest as part of the operation of the program. For the purposes of this MOA, ICE offloers will provide supervision for participating LVMPD personnel only as to a8 EXHBIT “4”oO O ) y ‘The LVMPD is oxpeoted to pursue to completion all criminal charges that caused the allen to be ‘taken into custody and over which the LVMPD has jurisdiction, Cae cement ue enforcement pie, ICE wl eu cutody ofa len 1) ‘who has been convicted of a State, local or Federal offense only after being informed by the the ICE Enforcement and Removal Operations (ERO) Field Office Director (FOD) or his Sige Elson seen teen ca on an sta IV. DESIGNATION OF AUTHORIZED FUNCTIONS: V. DETENTION AND TRANSPORTATION ISSUES Sea Tee will manage its limited detention resources and ‘meet its mission requirements, ICE. Tob: wil ata elena ae ‘by law. UGE deans ecemnry, tha LVMPD wil ene toon ntem-Governmmnil Srvog. jervioe Agreement AGSA) with ICB pursuant to which the LVMPD will provide, for @ reimbursable fee, detention Tinetoomtol ales In LYMPD alten en Go ceptor ae JPICE and ‘the LVMPD enter into en IGSA, the LVMFD must meet applicable detention standards, 4 sddidon to detention servioes, if TCE deems it necessary, he TGA. eae trmaporation component forthe tenaporatlon of al ncmosrntellen ‘Under a tangportation (084, the EVM will tanrt all Ieavesad aliens info elites who are subject to removal, upon completion of their sentences, to 2 feellty or location designated by ICE, Reimbursement tothe LVMED wl ocur only when the LVMIPD obtained Bl IE prvi fe trnmportston 1CB will not reimburse ifthe LVMPD did not obtain excluding Saturdays, Sundays, and any Federal Frodo, puruant oan ICE detainer ised in aocordancs with 8 GR. § 287.7, absent en 1OSA inplace as deseribedoO Oo O y Da ‘Vi. NOMINATION OF PERSONNEL 7 ‘The LVMPD will nominate candidates for ICE training and approval under this MOA. All ‘candidates must be United States citizens, The LVMPD is responsible for conducting a criminal background check covering the last five years for all nominated candidates, Upon request, the LYMPD will provide all related information and materials it collected, referenced, or considered ‘during the criminal background check for nominated candidates to ICE. In addition to the LVMPD background check, ICE will conduct an indent background cteck for each candidate, This baskground' check reqies all catitoes i concer a written privacy waiver signed by the candidate allowing ICE to have continuous access to his or her disciplinary records, ‘The LVMED agrees to use due diligence to screen individuals nominated for training and agrees that individuals who successfully complete the trai under this MOA will perform ‘All LYMPD candidates shail have knowledge of and have enforced laws and regulations pertinent to their law enforcement activities and thelr jurisdiotions. For further clarification and requirement, refer to Appendix D. ‘All LYMPD candidates must be approved by ICE and must be able to qualify for access to ‘appropristo DHS and ICE databases. Should e candidate not be approved, a qualified substitute Gane maybe ele, Such ubstian a oo iho dl the stat oftnng, ‘fare expansion number of paticipating LVMPD personnel or scheduling, ‘Salon taining classes sent al ie eptomens ofBip GR le ‘SOP.O O LE al he ea i il Ha ag iF ia : i E 8 i : i & ' [ i l | i i participating agency employee ceases. participation, or when deemed necessary by the ICE FOD in Salt Lake City, Utah,O ) y ‘Authorization of participating LVMPD personnel to act pursuant to this MOA may be withdrawn, ‘at any time and for any reason by ICE or the LVMPD, and must be memorislized in a waltten. notice of withdrawal Identifying an effective date of withdrawal and the personnel to which the ‘Withdrawal pertains, Such withdrawal may be effectuated immediately upon notice to the other party. The LVMED and the ICE FOD In Salt Lake City, Utah will be responsible for notification. ‘of the appropriate personnel in their respective agencies. The termination of this MOA shall Facer immediate revocation of all immigration enforcement authorizations delegated junder. Subject to the availability of funds, ICE will be responsible for the purchase, installation, and mastanee of uy ‘ond similar hardware/software) ) to tho lavesigative functions of pacpting LVMPD personel at each LVMPD falty active 287(g) program. Only pertctpating LVMPD personnel certified by ICE may use a provide the necessary support and softwareQO O The LVMPD is responsible for covering all expenses at th LVMED facility regarding cabling ‘upgrades. Ifthe connectivity solution for the LVMPD is determained to include use of te .VMPD's own communication lines « jsflans DAL, he owned T-VT-S, an) the LYMED [til be responsible for covering any installaon and reouring cons costs associated with ‘The LVMPD is responsible for providing all administrative supplies, such as paper, toner, pens, panells, or other similar items necassary for normal office operations, “The LVMPD ie also spon providing the neestry sei eqimen, uch shoo, eg estat nd ‘each participating LVMED | X. ICESUPERVISION Immigration enforcement activities conducted by the participating LVMPD personnel will be svperaed end dented by ICE supers ofcers ot deigatd 1CB tam loader, Parelpting LVMPD personel re not autoiced to peronn immigration offeer factions ‘aoe when wikng unde th superlsion or geno of ICE. To etl mperisay ad other administrative responsibilities, will, specify the supervisory and other sdaianive sponsible an soeompayingepeedapon SOP, Participating LVMPD personnel shall give notice to the ICE supervisory officer within 24 hours ‘of any detainer issued under the authorities set forth in this MOA. The actions of participating Rain eee ea terecewed by ICE supervisory officers onan ongoing basis t ensure compliance with rogues ‘the immigration laws and procedures and to assess the need ‘Ao FICE dem it nese the LVMPD wil provide IC, ano cot with en ofc win facility for ICE supervisory employees to’ inguin epg arit re only 8s enforcement functions conducted in conjunction to this ‘authority, ty, ie RD ain of aloes of spent ed performance of duties by participating LVMPD personnel, In the absence of a written agreement to the contrary, the policies and procedures to be utilized these authorities under this MOA menigration. aotivities, no participating expected or required to violste or otherwise fall to maintain the LVMPD's ‘standards, or policies, or be required to fall to abide by restrictions orlimttattons as may otherwise be imposed by.© O XL REPORTING REQUIREMENTS : ‘The LVMED will provide statstoal or agetegated arrest data to ICE, as requested by ICE, The [EVMED wil alo provide spec tracing dia andor any information, dosmens, or evidence related to the elroumstances of particular amest upon request. ICE may use this data to Compare and vy ICE's ovm de, aod to ll ICE's staeal reporting sequemtns or assess the progress and success of the LVMPD's 287) program, XI. LIABILITY AND RESPONSIBILITY ‘Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by ausc, UB 81ST) se MPD wb monomer icons patting thelr property or expenses ‘reason toate or incidents giving rise to liability. Paricipating LVMPD personnel will be tested as Federal employees only for purposes of the rr poh cpt rh belle irr peng mrnir terre § 8101 et seq, when on behalf of ICB as authorized Este Fstanen: 28 USC. f26rl Ife be edowmndog ofthe pres le MOR ta ‘participating LVMPD personnel will enjoy the sume defenses and immunities from personal ibility for thelr in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. 8US.C. § 1357(0)6). Pasticipating LVMPD personnel named as defendants in litigation axising from tut uner la MOA tony req prevention by tho US Depo of Tuaioes 28 cmt ‘50.15, Such requests must be made in wridng and directed to the Attomey General of the United Sune, Roque for repression rast be pert othe ICE Offi af the Chef Comsel a 3973 Peper Lano Las Vogue, Nevada 69120. Any request for ropreenation end related be Privilege.’ 's request, together with ‘a memorandum outlining the factual basis underlying the event(s) at fsoue Inthe Tawauly, to theO O oO AES Hedge fs of th Ppl Lal Advi, hh wl vad forward the request, the factual memorandum, and an advisory statement oplning whether: 1) the requesting individual ss cng wis spe of hier aby ant USC 9 TESgh ees 9) sok ‘esenton vould be isthe Invest ofthe United Seto the Distr of te Contra and Speclalized Tort Litigafon Section, Civil Division, Department of Suttie, ICE will be lable for defending or indemnitying ‘acis of intentional misconduct on the pert of the ‘Participating LVMED personnel only to the extent authorized by law. cammot be used against that individual in eubuequent oriminal Peso comin ih ‘Garrity v, New Jersey, 385 U.S. 493 (1967), and its progeny. authori, ng Saniemae aimeciae Mei op progeny, ates to the disclosure of potential imapeachment informal about posolble witnesses or offiants in a crzninl ease or investigation. The LAMPD gl ICE ure ach response fer compliance with the Povaey Act of 1974, ag reloted system of records notices with regard to date collection and use of nis MON. Te ple Senet Ron Nos py is Is the ENFORCE Systems of Records Notice, 75 FR 23274, dated May 3, 2010. XII. COMPLAINT PROCEDURES The for all ‘of misconduct i LVMPD Pesce coat rte ares Sore een ee Appendix. XIV. CIVIL RIGHTS STANDARDS Participating LVMPD personne! are bound by all Federal civil laws, regulations, guidance to non-discrinaination, including the U.S. Department of, “Guidance Regarding Tas Use OF Race By Federal Law Enforcement Agente” dated ace 2003 and ide Vote [ijl .anlonibsl apa orp a U.S.C. 2000 et: discrimination race, color, or national origin Gacluding init tinted nglchpeaeleny) irony prose Cray romiag Wedel feachaloeaeoO O O XV, INTERPRETATION SERVICES Fuipating LYMED personnel will provide an opprtunty for subjects ema emaean te provided bythe LVM, 2 nde a oe ‘The LVMPD will maintain fist of qualified interpreters it contracts with bre seh epee Pasting law enforcement pancunel wil be insted on tie ‘procedures to follow to obtain the services of an interpreter. A qualifed lnterpeter, which may include LVMPD personnel, means an interpreter who can interpret efetvely, soci, and imparally, hg any vocabulary, If an isterpreter is used when officer is funations under this MOA, the Scceclaeeen ‘performing. an ‘MOA, the interpreter must be XVI. COMMUNICATION Ths ICE FOD in Salt Lake Cli, Ut, and the LYMPD shall meet st least annually, endl a ee ere eee te immigration enforcement ecivites condustd by the overage, and, to the extent prcteble information on activity in Las Vegas, Nevada, An nial eviw meatng wil be held no ater than ne months fx cenification OF the Inidal clase of partipwing LVMPD perscrnel under Section VI, XVI, COMMUNITY OUTREACH ‘The LVMPD must engage in community outreach with individuals and organizations expressing. an interest in this MOA, ICE may participate in such outreach upon the LVMFD's request. ‘Nothing in thle MOA sll lt ICB’s own communi outench program. XVIIL, RELEASE OF INFORMATION TO THE MEDIA AND OTHER THIRD PARTIES ‘The LVMPD may, at its discretion, communicate the substance of this agreement to organizations and groups expressing an interest in the law enforcement activities to bo Sn nda ls MOA. It he practi of IC to provide woop of is MOA, ony afer bean signed, to requesting media outlets; the LVMPD is authorized to do the:O ‘The LVMPD hereby agrees to coordinate with ICE piarte seeming any ifm inng 0, acme i MOA, nly ey SOP eed fs + jn tio dled so MOR tds ef EE i shal be ues to publi dsslasure only parsunt to the provstons of Jaws, regulations, and executive orders, Insofar a9 any documents created ‘te LM came ngumution developed or obtained a a rerult ofthis MOA, such documents gall ot be Prior to the release of i to the media regarding the | program the LVMPD must ‘with the ICE Office of Public Affairs, The LVMPD hereby agrees to: with: ‘the applicable ICE. office to be released to other ‘Appel B o this MOA desribes the complaint procedures avalele wo meniber ofthe pic regarding aston taken by patlpaing LVMPD personal pursuant to ths agreement, ‘XIX. MODIFICATIONS TO THIS MOA, ‘Modifications to this MOA must be proposed in writing and approved and signed by the present ‘signatories to this MOA. eaniiieciva to Append D all be dave ia ‘accordance with the ‘procedures outlined in ‘the SOP, XX, POINTS OF CONTACT ICE and LVMPD points of contact for purposes of this MOA are identified in Appendix A. Points of contact (POC) can be updated at any time by providing a revised Appendix A to the ‘other party to this MOA. XXL DURATION AND TERMINATION OF THIS MOA ‘This MOA. will remain in effect until June 30, 2016, unless terminated earller by either party. At ‘the expiration of the three-year offeative period, ICH and the LVMPD shall review the MOA. ape extend, or permit the MOA to lepse. During the MOA’s effective period, either arty, upon written notice to the other party, may terminate or suspend the MOA at any time. A. termiuation or suspension notice by ICE shall be delivered personally or by certified or Iie te LVMED ul atonal ue tinal ‘receipt of such notice, Notice of termination or suspension by the LVMPD shall be given to the FOD in Salt Lake City, Uteh and termination or suspension shall take effect immediately upon receipt of such notice. Upon a subsequent demonstration of need, all costs to reinstate access to such authorities and/or program services will be incurred by the LLVMPD. ‘This MOA does not, is not intended to, shall not be construed to, and may not be relled upon to nee ‘or procedural, enforcenble at law by any person in any shatter, civil 10C) QO y y By signing this MOA, ezch party represents itis fully aulhorized to enter into this MOA, the terms, fesponsillite, obligations, and limitations of this MOA, and agrees io te bord thereto to the fullest extent allowed by law, US-leotgrtlon & Customs Enforcement Departmestef Homeland. Thomas D. Homat Executive Assoolste Director GS mgt ene Ce net . lon and Cus emei Department of Homeland Soatriy neAPPENDIX A POINTS OF CONTACT ‘The ICE and LVMPD polnts of contact for purposes of implementation of this MOA are: Forthe LVMPD: For ICE ERO: O ‘Las Vegas, Nevada 89101 ‘Tel: (702)671 ~3927 Captain Michael Seo 3308, Casino Center Blvd Las Vegas, Nevada 89101 Tel: (702) 388 ~3862 Roberto Sanchez ~ 287(g) Program Manager 3345 Pepper Lane ‘Las Vegas, Nevada 89120 ‘Tel: (702) 388 -6514 aO APPENDIX B COMPLAINT PROCEDURE Manan of Agpement (MOA) betnee he US Department of Homeland Sesry’'s oe jnmigrton ax Customs Eufoenent (CE) and the Law, Enforsemeat h eae ee eae ee auhody. As sucht telnag, and performance of participating LVMPD personnel pursuant to the MOA, as well $3 te praclons fr US, tra to la’ civ sd enantanal igh of be resolution procertures, which the parties to the MOA have agreed to follow. 7 ‘The MOA sets forth the process for designation, tmlning, certification, snd authortzston of functions specified herein. Complaints filed those personne! in the course of thelr non-immnigration duties will remain the domain of the LVMPD and be handled in accordance with the, LVMPD's ‘Manual of Policy and Procedures, or equivalent rules, regulations, or procedures, Afany participating LVMPD personnel are the subject of a complaint or allegation involving the van tee fie MOA a cola ede oy ty ea ‘a criminal at Jointiniake@chpdhsgov. Complaints regarding the exercise of immigration enforcement authority by participating LVMPD personnel shell be handled as described below. Tie LYMPD will also handlo compli fled eqaint LYMED peronnel who are not seagate and cote’ punt to tis MOA but ae eng tn inmigon finatons tn inalon of dis MOA. Furie, ery swh compote regarding nendasiguted 1 ‘personnel shall be forwarded to In order to simplify the ‘the public, laints against LvMPD: hw de mite catrmmest om tn mee according te te oczdres l # I i Complaint reporting procedures shall be disseminated by the LVMPD within fetlties under its Jurisdiction (in hand 85 appropriate) in order to ensure that all individuals ‘re aware of the availability of auch procedures, Such materia! must include up-to-date contact {information necessary to file the complaint,oO O y Di Feta be fcoepied fam any source (og, ICE, LVMPD, paricleaing LVMPD SRT oth etme rm nyo tt ‘Complaints can bs reported to Federal authorities as follows: Ae Teepe ee DES Office of he Inpastoe Geral (DHS O1G) at the toll free BB, Telephonically to the ICE OPR at the Joint Intake Center (JIC) in Washington, D. Biel ee mmber :817e 5 ee oininakeSetpdisane 0 aa C. Via meil as follows: Pe —_— 2, Review of Complaints tai ie Sc car mtn Seer verify ‘the MOA with the assistance of the ICE Headquarters, scsi of ny compat or allgnon ICE OPR wll underate a complete evew of each hapten azconce wih exning 1% again ees ead epotay equa AS Saud sbove, ICE OPR wil athe to te sepog egulcmnte send above and ss hy relat to the DES OIG and CRCL and/or the DOI Civil Rights Division. Complaints will resolved using the existing procedures, supplemented es follows:©) O O ‘A. Referral of Complaints or Allegations to the LVMPDs Intemul Investigations Unit. ‘The ICE OPR will refer complaints, as appropriate, involving LVMPD personnel to the emer anal Iventgnon Ut fh reanation, The Ply Get inno disposition and resolution of any leints or EVMPD’s ‘comple egations against B. Interim Action Pending Complaint Resolution . Time Parameters for Resolution of Complaints or Allegations ‘tis expected that any complaint received will be resolved withia 90 days of receipt, However, tis will depend upon the nature and complet of the subtanceof he ‘complaint D. Notification of Resolution of a Complaint or Allegation ‘These Complaint Reporting and Allegation Procedures are ICE's intemal policy and may be supplemented or modified by ICE unilaterally, ICE will provide LVMPD with written copies of ‘These Complaint Reporting and Allegation Procedures ‘apply to ICE and do not restrict or apply to other investigative organizations within the federal goverament.O O O APPENDIX C PUBLIC INFORMATION POINTS OF CONTACT Pursuant to Section XVIII of this MOA, the signatories agree to coordinate appropriate release of information to the media regarding actions taken under this MOA before any information is released. The points of contact for coordinating such activities are: For the LVMPD: Public AGiuirs Officer Laura Meltzer 400 8, Martin Luther King Bivd Bldg “A” Las Vegas, Nevada 89106 (702) 828-4083 For ICE: Public Affairs Office Office of Public Affairs and Internal Communication U.S. Department of Homeland Security U.S. immigration and Customs Enforcement ‘Washington, DC 20536 (202) 732-4222O APPENDIXD STANDARD OPERATING PROCEDURE (SOP) TEMPLATE ‘The purpose ofthis appendix sto establish: uniform forthe ie ls append eo ebleh tude, yezedures fo the aplmection repens This append cube nodlien ae ying en by mind snp of CB snd the LVMPD. Pursuant to this MOA, LVMPD has been delegated authorities under the JEO model es outlined ‘Peioritizations ICB retains sole discretion in determining how it will manage its limited resources and meet its mission requirements. To ensure resources are managed effectively, ICE requires the LVMED fo slso manage its resourses dedicated to 287(g) authority under the MOA. To that end, the LVMPD shall follow ICE's civil immigration enforcement priorities, ‘Trainins: ‘The 287(g) training program, the Immigration Authority Dulegation Program (ADP), wl Sy en tld tin Ne epee 1 Office 0 jons (inclusive of any remedial examination), will result in the disqualification of the EVMPD tonite and thet deirge fas he ADE Feiang il lclud, emons eter topls: discussion of the terms and limitations of this MOA; Faeroe eee Eger carter iat Use of Foree Policy; (v) civil righis laws; (vi) the US. Department of Justice “Guidance pice nd epi penn (ier) ean as public outreach and complaint procedures; (vii) liability issues; (ix) cross-cultural issues the obligation under Federal law and the Vienna Convention on Consular Relations to proper notification upon the arrest or detention of a foreign national. ipating LVMPD will also be required to complete seftesher training, tigen Ansty Baan Rata Pog (ADEE) ery 0 ges td ny ‘lated wo te pearance of amigraion ofie nlene stat epee itn ns epoan enavenen sunual basis and, if needed, refresh training requirements, ”‘Trained LVMPD personnel will receive, os needed, a DHS email account and agcess-to the negassary DHS ions. The use of the informiation technology (IT) inftastructure and the DHSIICE IT: polteles are defined in the Interconnection Seourty Agreement (ISA), The ISA fs the agreément between ICE Chief Information Seourty. Officer (CISO) end LVMPD Designated Acoredttstlon Authority (DAA). LVMPD agrees that éach of its sites using ICE- provided network gccess or equipmont will sign the ISA, which defines the IT polleles-and rules ‘of behavior for each user granted socess to the DHS network and applications, allure to adhere {to thetermg of the TSA could result in the toss ofall user privileges, Data Collections ENFORCE is the primary processing system for alien removals and is the main resouree for statistical information forthe 287%g) program, All ENFORCE entrlos mist be completed in tecurdanc wil ele ICE olen ond ude ‘The LVMPD and ICE are exch responsible for compliance with the Privacy Act pf 1974, as ‘applicable, and related system of records notices regard to data colleotion and use of information tinder this MOA. ‘The applicable Systems of Record Notice for privacy ‘compliance is the ENFORCE Systems of Records Notice, 75 FR.23274, dated May 3, 2010. ‘Nominated Personnels Participating LVMPD personnel performing immigration ‘Mary Hinggh, Chief Hoover Dam Police Department L © py: __ 24 ‘i Ray Suppe, Chief Las Vegas Convention and Visitors Authority Date: Date Date:_(0-20-(¢ oe 2h fe bus Date: Date: ahiahs/e vate 22 /e Date: You Page 9 of 10By: By: By: By: By: By: By: By: By: ‘John Glenn, Sgt, and Acting Chief Boulder City Police Department Steven Wolfson, District Attorney Clark County District Attorney's Office Greg Cassell, Chief Clark County Fire Department James Ketsaa, Chief Clark County Schoo! District Police Department Frangipane, SW Region Director Dbfartment of Homeland Security Laura Buchelt, Special Agent in Charge Federal Bureau of Investigations Patrick Moers, Chief Henderson Police Department Mary Hinson, Chief Hoover Dam Police Department Ray Suppe, Chief Las Vegas Convention and Visitors Authority Date: Date: Date: Date: vam Ss Date: Date: Date: Date: Page 9 of 10yell ‘William McDonald, Chic City of Las Vegas Fire Department wearer) Tan ‘Jackie Muth, Deputy Director ‘Nevada Department of Public Safety By: Keith Carter, Executive Director Nevada High Intensity Drug Trafficking Task Foree By: byez Zhe. felt Lytle, Chief : North Las Vegas Fire Department By: Nay ‘Alex Perez, Chief North Las Vegas Police Department By:__ ela Dr. doe Iser,Chiot Medieal Officer Southern Nevada Health District vate Mo pie ify Dater ub) 0 Date: vam 9/30) Date: Halls Page 10-of 10y Oe SOUTHERN NEVADA COUNTER-TERRORISM CENTER, CLARK COUNTY, NEVADA MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE Date:_/Ofe2r) Di SOUTHERN NEVADA COUNTER-TERRORISM CENTER CLARK COUNTY, NEVADA MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE‘Burke, Federal Security Director Deyartment of Homeland Security ‘Transportation Security Administration pate: 0°20 - Ip) y SOUTHERN NEVADA COUNTER-TERRORISM CENTER CLARK COUNTY, NEVADA MEMORANDUM OF UNDERSTANDING SIGNATURE PAGE we EQ vue colosot Keith Carter, Executive Director Nevada High Intensity Drug Trafficking Task Force) y AFFIDAVIT OF CHRISTOPHER DARCY STATE OF NEVADA COUNTY OF CLARK 1, Christopher Darey, being duly sworn, under oath, depose and say: I have personal knowledge of the facts stated herein, except for those stated upon information and belief, and, as to those, I believe them to be true. I am competent to testify as to the facts stated herein in a court of law and will so testify if called upon. That { am a Captain with the Las Vegas Metropolitan Police Department and have been employed by the Las Vegas Metropolitan Police Department for over 25 years and I am assigned to the Southern Nevada Counter-Terrorism Center. Pursuant to a Memorandum of Understanding dated February 1, 2016, there are currently five (5) Department of Homeland Security employees assigned full-time or part-time to the Southern Nevada Counter Terrorism Center located at the Las Veges Metropolitan Police Department's Headquarters in Las Vegas, Nevada, jarey, Captain SuBSCRIBD AND SWORN to before ame thi day, NOTSRY PUBLIC "CLAIRE A. MURPHY seit owt Wo, 97-4887-1 iy opi. exp. Nov. 10, 20174 EXHBIT “10”