HomeMy WebLinkAboutResolution 2007-062 MOU with the phoenix police department / ICAC task force
MARANA RESOLUTION NO. 2007-62
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
MARANA POLICE DEPARTMENT AND THE PHOENIX POLICE DEPARTMENT/
ARIZONA INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE.
WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect
minors through effective police powers against predators who utilize the Internet to lure their
victims for exploitation; and
WHEREAS, Oro Valley, Arizona DPS, Pinal County SO, Arizona Attorney General's
Office, Casa Grande PD, Cochise County SO, Eloy PD, Nogales PD, Sierra Vista PD, are but a
few of the participating jurisdictions that form and operate the Arizona Internet Crimes Against
Children (ICAC) Task Force; and
WHEREAS, the Marana Police Department desires to be a participating jurisdiction of
the Arizona Internet Crimes Against Children (ICAC) Task Force and enter into agreements for
joint operations in which all agencies act as partners; and
WHEREAS, the Arizona Internet Crimes Against Children (ICAC) Task Force will
enhance the ability of the participating jurisdictions, through their various law enforcement
agencies, to those situations in which use of the ICAC Task Force is appropriate; and
WHEREAS, a memorandum of understanding has been prepared which will remain in
effect for a minimum two-year period and will be automatically renewed unless the agreement is
terminated by either party.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF MARANA, ARIZONA, authorizing the Town to execute the Memorandum
of Understanding between the Town of Marana Police Department and the Phoenix Police
Department! Arizona Internet Crimes Against Children (ICAC) Task Force, in accordance with
the terms of the Memorandum of Understanding.
[CAC 2007
4/20/2007
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA; this 1 st day of May, 2007.
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ICAC 2007
4/20/2007
Arizona Internet Crimes Aaainst Children Task Force
Memorandum of Understandina
Parties
The Arizona Internet Crimes Against Children (ICAC) Task Force is a partially grant-funded,
multi-agency endeavor. Grant funding comes from the Department of Justice, Office of Juvenile
Justice and Delinquency Prevention.
This Memorandum of Understanding (MOU) is entered into by and between the following
agencies:
Marana Police Department and Phoenix Police Department
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 Arizona ICAC Task Force is to apprehend and prosecute Internet sexual
predators who exploit children through the use of computers. Task Force investigators will
investigate crimes involving Internet sexual predators. Investigators will produce high-quality
work product leading to successful prosecutions of Internet sexual predators and/or Internet
facilitated child pornography. Resources permitting, member agencies will participate in
community education efforts regarding the prevention of Internet Crimes Against Children. The
Task Force will provide sub-grant funding for investigative training and equipment to member-
agencies located throughout Arizona. Within Maricopa County, Task Force members are
prepared to respond on short notice to assist law enforcement agencies, subject to availability.
Purpose
The purpose of this MOU is to delineate the responsibilities of the Arizona ICAC Task Force,
maximize inter-agency cooperation, and formalize relationships between member-agencies.
The Task Force will investigate suspects who utilize the Internet to seek children as sexual
partners and/or who traffic in child pornography. Specific ICAC crimes include Internet sexual
exploitation of a minor and luring a minor for sexual exploitation as described in Arizona
Revised Statutes, Title 13, Chapter 35.1. Under Federal law, sexual exploitation of children is
described in Title 18, Chapter 110. This MOU does not prohibit the investigation of other
Internet crimes against children.
Oraanizational Structure
The Arizona ICAC Task Force includes investigators and supervisors from various local, state,
and federal law enforcement agencies who provide assistance subject to availability.
Direction
All participants acknowledge that the Task Force is a joint operation in which all agencies act as
partners. The chain of command and supervision of the Phoenix Police Department Family
Investigations Bureau is responsible for the policy and general direction of the Task Force. The
Task Force supervisor will periodically contact supervisors and investigators from other
participating agencies to keep them informed of training opportunities, unusual circumstances,
problems and successes of the Task Force.
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Arizona Internet Crimes Aaainst Children Task Force
Activities of the ICAC Task Force are further governed by the Operational and Investigative
standards of the United States Department of Justice, Office of Juvenile Justice and
Delinquency Prevention. 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 ICAC Board. 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 Task Force is the
responsibility of the ICAC Task Force Sergeant/Project Director, assigned to the Phoenix Police
Department Family Investigations Bureau. The supervisor will work cooperatively with other
supervisors and investigators from participating agencies to keep them informed of Task Force
issues and progress. Responsibility for the personal and professional conduct of Task Force
members remains with their respective agencies, in keeping with each agencies rules regarding
professional conduct.
InvestiQations
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.
Prosecution
The criteria for determining whether to prosecute a particular violation in county, 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
protectoral 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 joint Task Force operations will be coordinated and made
jointly by all participant agencies. No unilateral press releases will be made by any participating
agency without the prior approval of the other participants. No information pertaining to the Task
Force will be released to the media without the approval of participant agencies. Media releases
shall not include information regarding specific investigative techniques.
All efforts will be made to protect undercover on-line identities. Member agencies will refrain
from releasing the undercover on-line 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.
Here is an example of an information release involving an undercover on-line luring case:
Internet Sexual Predator Arrest - (your agencies name) 1 AZ ICAC Task Force
Tuesday, July 5, 2005, 1040 hours.
Arrested person: John Doe, wlm, 01/01/60 (booked)
Offense: Luring a minor for sexual exploitation, ARS 13-3554
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Arizona Internet Crimes AQainst Children Task Force
On Tuesday, July 05, 2005, unemployed suspect John Doe used the Internet
on a computer at his home to arrange to meet a minor child for sex. He then
traveled to a pre-arranged meeting location in North Phoenix where he was
arrested at 1040 hours. A search warrant was served at Doe's home and
evidence was seized.
FundinQ for Eauipment
Dedicated grant funds may be provided for equipment to be used in the course of investigations
involving Internet crimes against children. The funds shall be distributed in a manner permitting
member agencies statewide to equip law enforcement with tools that will improve the
investigative process. Member agencies utilizing ICAC funds for equipment agree to conduct
investigations of crimes against children as required within their jurisdictions. Specific crimes
include but are not limited to, Internet sexual exploitation of a minor and luring a minor for
sexual exploitation as described in Arizona Revised Statutes, Title 13, Chapter 35.1. Under
Federal law, sexual exploitation of children is described in Title 18, Chapter 110.
FundinQ for TraininQ
Dedicated ICAC grant funds may be provided to finance training that would be useful in the
investigation of Internet crimes against children. The funds shall be distributed in a manner that
will permit investigators from member agencies statewide to gain the knowledge and skills
needed to investigate Internet crimes against children. Member agencies utilizing ICAC funds
for training agree to conduct investigations of crimes against children as required within their
jurisdictions. Specific ICAC crimes include Internet sexual exploitation of a minor and luring a
minor for sexual exploitation as described in Arizona Revised Statutes, Title 13, Chapter 35.1
Under Federal law, sexual exploitation of children is described in Title 18, Chapter 110.
Duration and Termination
This MOU will remain in effect for a minimum two-year period beginning on the last date of
signing listed below. Renewal of the agreement will be automatic unless the agreement is
terminated by either party. 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 ICAC operational and investigative standards.
Jack F. Harris
Police Chief, Phoenix Police Department
Richard Vidaurri
Chief of Police, Marana Police Department
Date:
Date:
This document has been approved as to form by the Phoenix City Attorney and is on file with
the Phoenix City Clerk.
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