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Res 1229 - Understand Or Nat Gu . COUNCIL BILL NO. 1536 RESOLUTION NO. 1229 A RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE OREGON NATIONAL GUARD. WHEREAS, the City of Woodburn previously entered into an agreement with the Oregon State Police for coordination of available resources for gang enforcement services, and WHEREAS, as part of this program, a full-time Oregon National Guard person has been assigned to the Woodburn Police Department for the past 18 months, and WHEREAS, the City of Woodburn desires to continue its affiliation with the Oregon National Guard Counterdrug Support Program, NOW. THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor of the City of Woodburn is authorized to execute, on behalf of the City, the Memorandum of Understanding between Woodburn Police Department and the Oregon National Guard. Section 2. That a copy of said memorandum of understandi g is ttached hereto, and by this r~p}!,~ h.e~ I / 0 c; t I _ Approved as to form: ' ~ -r T I City Attorney APPROVED: Date ~II~~ April 11, 1994 April 12, 1994 . Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder l!1. ~ --L ATTEST: ~ ~ Mary\1ennant, City Recorder City of Woodburn, Oregon April 12, 1994 April 12, 1994 Page 1 - COUNCIL BILL NO. 1536 RESOLUTION NO. 1229 ......... - ..~-~._---..~-'_.~_.._._-------_._, I ..... I MEMORANDUM OF UNDERSTANDING BETWEEN WOODBURN POliCE DEPARTMENT AND THE OREGON NATIONAL GUARD .~ 1 . PURPOSE. This Memorandum of Understanding (MOU) establishes policies, procedures and guidelines for Oregon National Guard (ORNG) in support of the Bureau of Land Management in Drug Interdiction operations. 2 . AUTIIORITY . a. This MOD is entered into under the authority of the law of the State of Oregon, and uniformed controlled Substances Act, ORS 475.940 to 475.995, and Cooperative Agreements as authorized by ORS 190.110. b. National Guard R~lation (NGR) (AR) 500-2/(AF) 55-6, dated october 1, 1992, SubJect: National Guard Counterdrug support to Law Enforcement Agencies (LEA's). c. National Guard Counterdrug Coordinators handbook, published quarterly, Subject: Policies relating to National Guard support of Law Enforcement Agencies. . 3 . GENERAL. a. Section 112 of Title 32, united States Code, authorizes the Secretary of Defense (SECDEF) to provide funds to the States that receive approval from SECDEF of plans for National Guard Counterdrug support to LEA's. ORNG persormel and equipment may be del?loyed on approved missions to support counterdrug activlties of Federal, State, and Local LEA's. b. ORNG personnel involved in counterdrug support operations are govemed by State Law and (AR) 500-2/ (AF) 55-6. ORNG personnel will provide counterdrug support in Title 32 or State Active Duty status and may not perfonn duty outside the territorial limits of the United States while assigned to the Bureau of Land Management. c. [Reserved] 4 . RESPONSIBILITIES a. Upon request and as resources allow, ORNG will perfonn any and/or all of the following National Guard Bureau approved missions: (1) Ground reconnaissance; ground surveillance; ground transportation; aerial reconnaissance; aerial surveillance; aerial transportation; ground radar support; cargo inspection; training programs; aerial photo reconnaissance/surveillance; liaison, planning, coordination and 1 T -..r-----"" ,~._._----_..-----^"'.. -'--" ~--".." ." reporting; greenhouse/drug lab detection/eradication; film procession for photo reconnaissance; administrative, information, data processing, logistics and maintenance support; engineer support; and aerial interdiction. . (2) Assume full responsibility for salary, benefits, the administration of personnel records and other administrative needs of ORNG personnel assigned to the Bureau of Land Management. (3) Be responsible for the placement, retention, and termination of ORNG personnel. (4) In no event charge any indirect cost rate to the Bureau of Land Management for administration or implementation of this agreement. (5) Ensure that ORNG personnel wear appropriate unifonn or civilian attire while working for the Bureau of Land Management. Air crew members will wear appropriate flight uniforms required by ORNG regulations. (6) Cexnply with WoodbUITl Police Department procedures regarding the certification and I?assing of personnel se=ity clearances and other personnel rehability and integrity measures. (b) WoodbUITl Police Department will: (1) Assure that requests for ORNG counterdrug support under this MOU originate either from the special-Agent- in-charge (SAC) or designated representative. (2) directly to the Newberg, OR. sul:mit written requests for counterdru;r support Counterdrug Support program (rnSP) ofhce, (3) Provide work space, equipwent (to include the use of Woodburn Police Department vehicles) and logistical support necessary for ORNG personnel to carry out support duties pursuant to this MOU. (4) Provide necessary training to ORNG personnel in support of WoodbUITl police Department counterdrug operations. (5) Provide written job descriptions and sul:mit armual performance evaluations to ORNG supervisors. (6) Pay terrporary duty ('IDY) expenses incurred by ORNG personnel for travel requested and approved by the WoodbUITl 2 "......... '-'--'--'''T ., police Department in support of counterdrug operations. (7) upon detennination of necessity by the Woodburn police Department, provide ORNG personnel access passes or identification documents required to fulfill their counterdrug support duties. Issue and turn-in of woodburn police Department access passes or identification documents will be controlled by the woodburn police Department Security Programs Office. (8) In job description, specify the level of personnel security clearances required in connection with the duties to be performed for the woodbmn Police Department. 5 . ADMINISTRATIVE REPORTING PROCEDURES. When ORNG personnel are in support of the woodburn Police Department, the senior ORNG member will report daily to the CDSP Office when employed in a tactical mode and periodically as assigned in an adminlstrative role, in accordance with (AR) 500-2/(AF) 55-6. 6 . CCMMAND AND CONTROL PROCEDURES. a. ORNG. The corrrnander of the ORNG is the Adjutant General. The adjutant General will exercise corrmand authority through the ORNG Counterdrug Support Task Force corrrnander, and ORNG personnel will remain under the corrmand of State Military authorities at all times. b. woodburn Police Department. The Senior Agent in Charge (SAC), or designated representative, who is the supervisory authority for enforcement operations conducted by the woodburn Police Department, shall exercise operational control over ORNG personnel engaged in counterdrug support. c. ORNG personnel will be under the corrmand of the senior ORNG member assigned to the woodbmn police Department. ORNG personnel agree to be responsive to woodbmn Police DeJ?<lrtment directives and to comply with agency policies, regulatlons and procedures applicable to the counterdrug sUPI?Ort they provide. In the event ORNG personnel perceive a confllct between applicable ORNG and woodburn Police Department policies, regulations or procedures, the senior ORNG member will bring the matter to the attention of the supervising SAC or designated representative for resolution. 7. OPERATIONAL SECURITY (OPSEC) AND INFORMATION MANAGEMENT PROCEDURES. a. woodburn police Department will establish operational se=ity requirements and make public information/news media releases. 3 ...-...._~_...--"....---'.I . .~---_.._-- ~~.~.. - ""'...---.- .... b. woodburn Police Department will ensure that the ORNG receives statistical results and other information concerning operational activities required for inclusion into ORNG reports/records in accordance with (AR) 500-2/(AF) 55-6. c. The ORNG will ensure that personnel security clearances (for access to National Security Information) of ORNG personnel assigned to the woodburn Police Department are corrmensurate with agency mission requirements and will pass these clearances to the woodburn Police Department. d. woodburn Police Department will accept ORNG access clearances to National Security Information. Woodburn Police Department will complete standard security checks in accordance with. a9ency proced';ITes before granting ORNG personnel access to sens~t~ve ~nformat~on. e. woodburn Police Department will maintain all information gathered during counterdrug support operations to include written agency reports prepared by ORNG ~rsonnel. Woodburn Police Department is the release author~ty for this information. . f. Information provided to or gained by ORNG in connection with Woodburn Police De~rtment o~rations will not be released by ORNG or maintained w~th ORNG hles. 8 . SCOPE OF APPROVED OREGON NATIONAL GUARD COUNTERDRUG SUPPORT a. Permissible support services and resources that may be provided to the woodburn Police Department by ORNG may cons~st of any missions identified in the ORNG State counterdrug support Plan awroved SECDEF. These support services and resources are identif~ed in paragraph 4-a-1. b. ORNG personnel will provide support specified in individual job descriptions written by LEA supervisors and approved by the Counterdrug Support Task Force Corrmander. 9. FORCE PROI'EcrroN AND RULES OF ENGAGEMENT. a. woodburn Police Department and ORNG will ensure that ORNG personnel remain in a support role. Except in exi<;Jent circumstances, ORNG personnel will not becane directly lnvolved in law enforcement operations to include arrests, seizures or the direct physical collection of evidence. b. ORNG personnel will not be deputized or cross- designated with Title 21 investigative authority. c. Only specific ORNG personnel will be anned while 4 .. ..---.-.--~._...",....~-~-----.-----I. .~-_..__.__.,--~- r '" performing counterdrug support functions for the woodburn police Department (1) woodburn police Department will request and justify in writing (outside of job description) for specific ORNG personnel to be armed. (2) '!'he Adjutant General or Counterdru.g Support Task Force Conmander approved ORNG CDSP personnel will then be trained and qualified to Woodburn Police Department, State police, and CDSP standards. (3) ORNG CDSP personnel authorized to carry firearms are responsible for corrplYlng with all Woodburn Police Department, State, and CDSP weapons policies and procedures. (4) '!'he ORNG CDSP Logistics Officer will issue authorized CDSP personnel firearms and arrmunition. No other firearms or arnnunition are authorized. Use of privately owned firearms and arnnunition is strictly prohibited. 10. PUBLIC AFFAIRS. a. woodburn Police Department will make the final determination concerning public information requests relevant to joint Woodburn Police Department/ORNG counterdrug support operations. (Ref MOU Para 7-f) b. ORNG personnel will not make public affairs disclosures regarding joint Woodburn Police Department/ORNG counterdrug support operations. 11. CIVIL LIABILITY/PROPERTY ACCOUNTABILITY. a. Woodburn Police Department acknowledges that the united States is liable for the negli~ent or wron~ful acts or omissions of its agents and employees whlle acting wlthin the scope of their employment to the extent permitted by the Federal Tort Claims Act, (FI'CA), 28 U.S.C. 2671-2680. Woodburn police Department also acknowledges that the united States is liable to its employees for workers compensation benefits to the extent pennitted by the Federal Employees compensation Acr, 5 U.S.C. 8101-8150. b. ORNG acknowledges that the United States is liable for the negli~ent or wron~ful acts or omissions of ORNG members, while actln~ in the hne of duty in Title 32 status, to the extent permltted by the FI'CA, 28 U.S.C. 2671-2680. c. ORNG members engaged in counterdrug support activities while in State Active Duty status are entitled to protection and 5 1 -'" ! irrmunities afforded by the Oregon Tort Claims Act, ORB 30.260 et seq. d. Both parties agree to contact the other party as soon as possible to report dama~e caused to the equipment of the other. To the extent pernutted by the FTCA and other aPl?licable laws and regulations, each party acknowledges its liabillty for damage to equipment of the other party, caused by the actions or omissions of the borrowing party's agent and errployees, while acting within the scope of their errployment. 12 . ACQUISITION OF WARRANTS. Woodbum Police De:(Jartment will be solely responsible for securing any warrants regulred for searches or for determining that any searches, lnspections, or observations did not require warrants. The requirement for a determination that legal authorization is not needed will be documented in countercb:ug support reports. 13. TERM OF AGREEMENT. This merrorandurn is in effect upon the last signature and will remain in effect unless rescinded by either party on a 30-day written notice, or revised in writlng by mutual consent. ~~ 19nature April 12, 1994 (Date) Len Kell ey (TypeO name) MaIor Tlt e (Slgnature) (Date) (Typed name) Major General The Adjutant General Oregon National Guard 6