AGENDA ITEM 05/21/2013

Subject: 1. Letter of Agreement - Mo Internet Crimes against Children Task Force 2. Memorandum of Understanding - SW Mo Cyber Crimes Task Force

Department: Police

The mission of the Missouri Internet Crimes against Children Task Force (MOICAC) and the SW Missouri Cyber Crimes task Force (SMCCTF) is to apprehend and prosecute Internet sexual predators who exploit children through the use of computer technology.

The Nevada Police Department has partnered with MOICAC and SMCCTF for many years to combat this type of criminal act, along with other professional police organizations.

All MOICAC and SMCCTF investigations will be conducted in a spirit of cooperation. The organizational Director will provide local police management and investigators with investigative support and training opportunities.

The current Task Force membership is due to expire. By accepting this 2013 Letter of Agreement, the Nevada Police Department will continue to be a Task Force member agency. This agreement will remain in effect for a minimum two year period. The City of Nevada may voluntarily withdraw participation at any time by providing written notice.

RESOLUTION NO. 1367

A RESOLUTION OF THE CITY OF NEVADA, MISSOURI APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEVADA, MISOURI AND THE SMCCTF TO JOIN THE SOUTHWESTERN MISSOURI CYBER CRIMES TASK FORCE (SMCCTF).

WHEREAS, the City of Nevada, Missouri agrees to the Memorandum of Understanding between Nevada Police Department and Southwestern Missouri Cyber Crimes Task Force, and;

WHEREAS, the City Council of the City of Nevada, Missouri authorizes such agreement, and;

WHEREAS, the Chief of Police and City Clerk are hereby authorized and directed to execute said memorandum of understanding on behalf of the City of Nevada, Missouri, and;

WHEREAS, this agreement will remain in effect for the period of time that the SMCCTF is in existence, and;

WHEREAS, the mission of the Missouri Internet Task Force (MOICAC) and the SW Missouri Cyber Crimes task Force (SMCCTF) is to apprehend and prosecute internet sexual predators who exploit children through the use of computer technology.

NOW, THEREFORE BE IT RESOLVED THAT, the City of Nevada, Missouri, Police Department participates through partnership with SMCCTF.

PASSED, APPROVED, AND ADOPTED, this 21st day of May 2013.

Seth Barrett, Mayor

(seal)

ATTEST:

Bev Baker, City Clerk

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Force

Memorandum of Understanding

Parties

The Southwestern Missouri Cyber Crimes Task Force (SMCCTF) is a partially grant funded, multi-agency endeavor. Grant funding comes from the Missouri Department of Public Safety and Missouri Internet Crimes Against Children Task Force (MO ICAC).

This Memorandum of Understanding (MOU) is entered into by and between the following agencies:

Neveda Police Department and the Southwestern MO Cyber Crimes Task Force

Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation that exists between the participating agencies.

Mission

The mission of the SMCCTF is to investigate, apprehend, and prosecute internet sexual predators who exploit children through the use of the internet and technology, consistent with .ICAC standards and procedures. The SMCCTF produces high-quality investigations leading to successful prosecutions of internet sexual predators. The SMCCTF conducts forensic examinations of evidence seized through the course of an investigation. The SMCCTF participates in community education efforts regarding the prevention of internet crimes against children (ICAC). As funding is available, the SMCCTF provides funding for personnel, overtime, equipment, training and other approved investigative costs.

Purpose

The purpose of this MOU is to delineate the responsibilities of the SMCCTF, maximize inter-agency cooperation, and formalize relationships between member-agencies. The Task Force investigates suspects who utilize the Internet to seek children as sexual partners and/or who traffic in child pornography. Specific ICAC crimes include, but are not limited to: Internet sexual exploitation of a minor and luring a minor for sexual exploitation as described in applicable Federal and State Law. This MOU does not prohibit the investigation of other crimes against children.

Duration and Termination

This MOU will remain in effect for the period of time that the SMCCTF is in existence. Renewal of the agreement will be automatic unless either party terminates the agreement. Task Force member agencies may voluntarily withdraw participation at any time by providing written notice. Membership may be terminated by written notice of violation of this MOU and/or ICAC operational and investigative standards.

Chief Lane J. Roberts Chief Graham Burnley Joplin Police Department Neveda Police Department

Date Date

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Organizational Structue

The SMCCTF is governed by an Executive Board. The Chairman of the Executive Board shall be the Chief Law Enforcement Officer (CLEO) of the fiscally responsible agency, here to referred to as the "Parent Agency". The Executive Board will elect a Vice Chairman. The Executive Board is responsible for the overall operation of the SMCCTF and to provide direction to the Officer In-charge. The Officer In­charge (OIC) is responsible for the day to day operation of the SMCCTF. The Parent Agency agrees to provide the OIC. Each member agency that receives salary funds will provide an investigator(s) to conduct cyber crimes investigations and/or forensic examinations. The investigator(s) will be designated as "Task Force Officers" (TFO's) if assigned to conduct proactive ICAC investigations. Investigators assigned as Forensic Examiners (FE's) will be assigned to the SMCCTF Computer Forensic Laboratory to conduct forensic exams of digital evidence. Agencies not receiving SMCCTF funding for a Cyber Crime investigator or Forensic Examiner will still be provided assistance through the SMCCTF.

Direction

All participants acknowledge that the SMCCTF is a joint operation in which all agencies act as partners. The Executive Board is responsible for the policy and general direction of the SMCCTF. The SMCCTF OIC, or designee, will periodically contact Executive Board members, supervisors, investigators and forensic examiners from the participating agencies to keep them informed of SMCCTF operations, training opportunities, unusual circumstances, problems and successes of the SMCCTF. SMCCTF TFO's and FE's will make every effort to attend monthly meetings to update the OIC of their SMCCTF activity. .

Activities of the SMCCTF are further governed by the Operational and Investigative standards of the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP). The document describing the Operational and Investigative Standards contains confidential information not for public release. Member agencies must understand and comply with the standards. The standards are proprietary to the National ICAC Board and OJJDP. Release of the standards is protected because release will likely jeopardize ongoing investigations.

Supervision

The day-to-day operational supervision and administrative control of the SMCCTF is the responsibility of the SMCCTF Officer In-charge (OIC) assigned by the SMCCTF Executive Board. Individual employee performance issues needing to be addressed, the OIC will take necessary corrective actions, and notify the employee's agency. The Parent Agency will provide the OIC. The OIC will work cooperatively with other supervisors, TFO's and FE's from the member agencies to keep them informed of SMCCTF issues and progress. Responsibility for the personal and professional conduct of participating Task Force members remains with the respective agencies, in keeping with each agency rules regarding conduct. Control and supervision of each officer shall be the sole responsibility of the officer's employer. Nothing in this agreement shall be construed as creating any joint employment relationship. Each employer will be solely responsible for the actions of its own employees. Each Signatory Agency agrees to accept liability for any act, error or omission of its own employees of whatever kind and nature and from whatever cause arising out of or connected with the performance of this Agreement, and to indemnify and hold the other Signatory Agencies hereto and their employees harmless from any such liability, claim, or cause of action, including amounts arising out of the performance, by that Signatory Agency's employees, of this Agreement

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Investigations

All SMCCTF investigations will be conducted in a spirit of cooperation. Investigations will follow guidelines established by each agency's respective policy manual or guidelines. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in task force investigations are not in the best interest of the Task Force.

Task Force Officers

The SMCCTF operates under a "virtual task force" concept. Investigators assigned to the SMCCTF as Task Force Officers (TFO's) will work remotely from their existing agency location and adhere to all SMCCTF and home agency policies and procedures. The TFO will work independently and proactively. The TFO will be required to attend training to conduct on-line investigation, with travel being required for some training sites. The SMCCTF shall forward "Cyber Tips" to each TFO, as they are received. The TFO will be required to attend monthly SMCCTF meetings to provide updates of activity, receive updates, training and/or equipment. The TFO will be required to participate in scheduled SMCCTF joint operations and be available to conduct investigations anywhere in the SMCCTF area. Exceptions may be authorized by the Executive Board. TFO's will be required to participate in scheduled "on-line" meetings and discussions. TFO's will be required to complete and file all reports via the SMCCTF Record Management System (RMS). TFO's will perform additional duties as assigned.

Forensic Examiner

Investigators assigned to the SMCCTF as Forensic Examiners (FE's) shall be assigned to the SMCCTF Computer Forensic Laboratory. The SMCCTF will use the SMCCTF Computer Forensic Laboratory and, as overflow dictates other qualified Computer Forensic Labs may be utilized for its laboratory analysis of digital evidence seized during SMCCTF investigations. SMCCTF FE's will be responsible for planning, coordinating, and directing forensic science activities, including: Inventories, examinations and performing comprehensive technical analysis of computer-related evidence such as magnetic media storage devices (floppy disks, hard disks, magnetic tapes, optical disks, memory cards, magnetic strip cards, etc.); Retrieving information stored on the device in a form useful to TFO's and prosecutors; and preparing pertinent items of evidence for examination from crime scenes. FE's will perform other duties as assigned.

Prosecution

The criteria for determining whether to prosecute a particular violation in state or federal court will focus on achieving the greatest overall benefit to the public. Any question arising pertaining to jurisdiction will be resolved through discussions among the investigative and judicial agencies having jurisdiction in the matter. When joint jurisdiction exists, this MOU does not preclude additional prosecution(s) in other jurisdictions.

Media Relations and Releases

Media release information regarding SMCCTF operations shall be coordinated and if possible, made jointly by all participant agencies. If a joint press release is not possible, the primary investigating agency will conduct the press release and if possible, it is recommended that a reference to the SMCCTF be included in any press release.

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All efforts will be made to protect undercover identities. lVIember agencies will refrain from releasing the undercover identity, age, or sex of investigators. Release of such information could jeopardize ongoing investigations where the same undercover name, age and sex are currently in use.

Grant Funding

Grant funds, if available, shall be used consistent with the grant funding provisions. If grant funds are available the Parent Agency will be the Fiscally Responsible Agency.

Jurisdictional Authority

The power of arrest of any peace officer who is duly authorized as a member of a multi-jurisdictional Internet cyber crime law enforcement task force shall only be exercised during the time such peace officer is an active member of such task force and only within the scope of the investigation on which the task force is working. Notwithstanding other provisions of law to the contrary, such task force officer shall have the power of arrest, as limited in this subsection, anywhere in the state and shall provide prior notification to the chief of police of a municipality or the sheriff of the county in which the arrest is to take place. If exigent circumstances exist, such arrest may be made and notification shall be made to the chief of police or sheriff as appropriate and as soon as practical. The chief of police or sheriff may elect to work with the multi-jurisdictional Internet cyber crime law enforcement task force at his or her option when such task force is operating within the jurisdiction of such chief of police or sheriff.

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