HomeMy WebLinkAboutIowa National Guard-Memo of Understanding-12.08.2008 FOR OFFICIAL USE ONLY
MEMORANDUM OF UNDERSTANDING `
BETWEEN
4,14))000
THE ADJUTANT GENERAL OF IOWA
DEPARTMENT OF PUBLIC DEFENSE
AND
TRI-COUNTY DRUG ENFORCEMENT TASK FORCE
SUBJECT: Drug Law Enforcement Support
1. PURPOSE. This Memorandum of Understanding(MOU) sets policies, procedures, and
guidelines for the Iowa National Guard in support of the Tri-County Drug Enforcement Task
Force (TCDETF), located in Waterloo, Iowa, and at other locations in Iowa as may be
operationally dictated, and establishes parameters within which the Iowa National Guard may
operate in providing Counterdrug support to the TCDETF.
2. AUTHORITIES.
A. This MOU is entered into under the authority of the law of the State of Iowa and the
Controlled Substances Act, Title 21, United States Code, Section 873, Cooperative
Arrangements (21 U.S.C. 873(a)).
B. National Guard Regulation(NGR) 500-2/Air National Guard Instruction (ANGI) 10-
801, National Guard Counterdrug Support dated March 31, 2000. This regulation prescribes
policies relating to National Guard support to law enforcement agencies.
3. GENERAL.
A. Section 112 of Title 32, United States Code, authorizes the Secretary of Defense
(SECDEF) to provide funds to States that receive approval from the SECDEF of plans for
National Guard Counterdrug Support to drug law enforcement agencies (LEAs). Upon
coordination, Iowa National Guard personnel and equipment may be deployed on approved
missions to support Counterdrug activities of Federal, State, and local LEAs and Task Forces.
B. Iowa National Guard personnel involved in Counterdrug Support Operations are
governed by State law and military regulation. The Iowa National Guard will provide
counterdrug support to TCDETF in Title 32 status or in State active duty status. National
Guard personnel ordered to duty in Title 32 or State status may not perform duty outside the
territorial limits of the United States.
This document contains information that may be EXEMPT FROM MANDATORY DISCLOSURE UNDER
THE FREEDOM OF INFORMATION ACT(FOIA).Exemptions(b)(5),(b)(7)(F),and Title 5,U.S. Code
Section 552(b)(5)and(b)(7)(F).
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FOR OFFICIAL USE ONLY
SUBJECT: Drug Law Enforcement Support
C. National Guard personnel may not perform Counterdrug support duty outside the
jurisdiction of the State of Iowa without the prior approval of the Governor of the State of
Iowa or designee and the concurrence of the appropriate official of the jurisdiction in which it
is desired that the Counterdrug support duty be performed. This paragraph may be negated by
enactment of an interstate compact by the respective jurisdictions' legislatures covering
National Guard Counterdrug Operations.
4. RESPONSIBILITIES.
A. The Iowa National Guard will:
1) Perform Counterdrug support missions for the TCDETF, in accordance with NGR
500-2/ANGI 10-801 and as approved by the SECDEF within the Governor's State Plan.
2) Minimize the turnover of National Guard personnel assigned to Counterdrug
support functions for the TCDETF.
3) Provide aviation equipment and aircrews, if available, in response to TCDETF
requests to support operations in Iowa.
4) Provide personnel support if available, as approved by SECDEF (analysts,
linguists, communications/electronics operators and technicians, logistics specialists [supply,
maintenance, inventory], automatic data processing specialists, planners, law enforcement
training, etc.) upon request.
5) Assume full responsibility for salary, benefits, and the administration of personnel
records and other administrative duties of National Guard personnel assigned to the
TCDETF.
6) In no event charge any indirect costs to TCDETF for administration or
implementation of this agreement.
7) Ensure that National Guard personnel wear appropriate attire while working with
the TCDETF and at other locations as operationally dictated.
8) Screen National Guard personnel who volunteer for Counterdrug support duty in
accordance with NGR 500-2/ANGI 10-801 and provide to TCDETF their current security
clearance status.
SUBJECT: Drug Law Enforcement Support
This document contains information that may be EXEMPT FROM MANDATORY DISCLOSURE UNDER
THE FREEDOM OF INFORMATION ACT(FOIA). Exemptions(b)(5),(b)(7)(F),and Title 5,U.S. Code
Section 552 (b) (5)and(b)(7)(F).
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9) The National Guard shall ensure that personnel security clearances of National
Guard personnel assigned to TCDETF Counterdrug support are commensurate with the
TCDETF's mission requirements.
10) Aid TCDETF with facilitating National Guard perfoiniance counseling.
B. TCDETF will:
1) Assure that requests for National Guard Counterdrug support under this MOU
originate either from the Task Force or LEA director, TCDETF, or designated representative.
2) Submit requests for National Guard Counterdrug support directly to the Iowa
National Guard, 7105 N.W. 70th Avenue, Johnston, IA 50131-1824, ATTN: JFHQ-IA-CD.
3) Provide workspace and equipment necessary for National Guard personnel to
carry out support duties pursuant to this MOU.
4) As deteiinined by TCDETF and subject to funding availability provide necessary
training for National Guard personnel in support of TCDETF Counterdrug operations.
5) Allow the sharing of infoiiiiation between National Guard analysts without prior
approval from the LEA supervisor.
6) National Guard personnel should not be required to use their personal vehicles for
official business while supporting the TCDETF. T-he- BST - •
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7) Upon determination by TCDETF, qualified National Guard personnel may be
issued identification documentation including, but not necessarily limited to, building access
or other passes as required to fulfill Counterdrug support duties.
8) Specify the level of personnel security clearance required in connection with the
duties to be performed for the TCDETF.
9) Obtain all necessary search warrants in activities supported by Counterdrug
personnel.
10) Set conditions to protect National Guard personnel from being in the chain of
custody of evidence or from being subject to imminent threats of violence.
This document contains information that may be EXEMPT FROM MANDATORY DISCLOSURE UNDER
THE FREEDOM OF INFORMATION ACT(FOIA). Exemptions(b)(5), (b)(7)(F), and Title 5,U.S.Code
Section 552 (b)(5)and(b)(7)(F).
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SUBJECT: Drug Law Enforcement Support
11) Provide National Guard personnel tasks pertaining to their daily duties and
responsibilities.
12)Will participate in performance counseling of National Guard personnel.
5. ADMINISTRATIVE REPORTING PROCEDURES.
A. When National Guard personnel are in support of TCDETF, the senior National
Guard member will report daily to the National Guard when employed in a tactical mode and
periodically as assigned when in garrison, in accordance with NGR and National Guard
Counterdrug Directives.
6. COMMAND AND CONTROL PROCEDURES.
A. National Guard. The Governor of the State of Iowa is the Commander-in-Chief of the
National Guard. The Governor exercises command authority through the Adjutant General
(TAG). TAG exercises command authority through the Chief of Staff and the Counterdrug
Coordinator(CDC).
B. TCDETF. The task force director, or designated representative, is the supervisory
authority for enforcement operations conducted by TCDETF at locations in Iowa.
C. National Guard personnel will be under the command of the assigned senior National
Guard member while assigned to TCDETF at the locations identified in paragraph 1 of this
MOU. National Guard personnel agree to be responsive to TCDETF directives and to comply
with requirements as stated by TCDETF policies, regulations, and procedures applicable to
the Counterdrug support they provide. Failure to adhere to TCDETF policies and procedures
shall be grounds for dismissal from the assignment.
7. OPERATIONAL SECURITY(OPSEC) AND INFORMATION MANAGEMENT
PROCEDURES.
A. TCDETF will be the lead agency for establishing operational security requirements
and for making public information/news media releases. The Iowa Counterdrug Task Force
will receive statistical results of operational activities for inclusion into required National
Guard reports/records in accordance with NGR.
B. Upon completion of security clearance validation and passing, TCDETF shall provide
access, as it determines necessary, to TCDETF sensitive data.
This document contains information that may be EXEMPT FROM MANDATORY DISCLOSURE UNDER
THE FREEDOM OF INFORMATION ACT(FOIA).Exemptions(b)(5),(b)(7)(F),and Title 5,U.S. Code
Section 552(b)(5)and(b)(7)(F).
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SUBJECT: Drug Law Enforcement Support
C. TCDETF shall maintain all information gathered during Counterdrug support
operations to include written TCDETF reports authored by National Guard personnel.
D. Information provided to or gained by the National Guard in connection with TCDETF
operations will not be released by National Guard or maintained in National Guard files or
facilities.
8. SCOPE OF APPROVED NATIONAL GUARD COUNTERDRUG SUPPORT FOR
THE TCDETF.
A. To provide personnel and equipment in support of TCDETF activities located in
Waterloo, Iowa, and at other locations as operationally dictated.
B. To provide Counterdrug support as described in paragraph 4 of this MOU.
C. Loan agreements, equipment, and special mission requests, will be directed by the
Counterdrug Coordinator, in accordance with current National Guard Bureau
regulations/procedures. Equipment may not be loaned directly to organizations outside of the
National Guard. National Guard equipment must be accompanied by a qualified National
Guard Soldier or Airman.
9. CHAIN OF CUSTODY, RECORDS RETENTION, AND ARMING.
A. TCDETF and the National Guard shall ensure that National Guard personnel remain
in a support role and shall provide that National Guard personnel are not exposed to any
direct enforcement operations, except in exigent circumstances, to include arrests, searches,
seizures or the direct physical collection of intelligence or evidence, involving direct contact
with citizens or private property.
B. National Guard personnel support the criminal information analysis activities of
TCDETF and although such information may come into temporary possession of National
Guard personnel supporting TCDETF, the National Guard will not retain such information.
C. National Guard personnel shall not be deputized or cross-designated with Title 21
investigative authority.
D. National Guard personnel shall not be armed while performing Counterdrug support
functions at TCDETF locations except upon the authority of the Adjutant General of Iowa.
This document contains information that may be EXEMPT FROM MANDATORY DISCLOSURE UNDER
THE FREEDOM OF INFORMATION ACT(FOIA).Exemptions(b)(5), (b)(7)(F), and Title 5,U.S. Code
Section 552(b)(5)and(b)(7)(F).
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SUBJECT: Drug Law Enforcement Support
10. PUBLIC AFFAIRS.
A. TCDETF will make the final determination concerning public information requests
relevant to joint TCDETF/National Guard Counterdrug support operations.
B. National Guard will not make any public affairs disclosures regarding joint TCDETF
/National Guard Counterdrug support operations without TCDETF approval.
C. Specific individuals and/or units of the National Guard will not be identified.
D. Responses to media inquiries should indicate only that guard members of the state
have assisted/not-assisted local, state, or federal law enforcement authorities.
11. CIVIL LIABILITY/PROPERTY ACCOUNTABILITY.
A. National Guard personnel engaged in Counterdrug support activities on Title 32 status
are subject to the Federal Tort Claims Act(FTCA), 28 U.S.C. §§ 2671-2680, for neglegent
acts or ommissions committed in the scope of employment. In addition, National Guard
personnel on Title 32 status are subject to Federal Law regarding disability or worker's
compensation.
B. The National Guard members engaged in Counterdrug support activities in state active
duty status are entitled to the protections and immunities afforded by the State of Iowa,
including Tort Claims protection under Iowa Code chapter 665.
C. Both parties agree to contact the other party as soon as possible to report damage caused
to the equipment of the other. To the extent permitted by the FTCA and other applicable law
and regulations, each party acknowledges its liability for damage to equipment of the other
party, caused by the actions or omissions of the borrowing party's agents and employees,
while acting within the scope of their employment.
12. This MOU is an internal agreement between TCDETF and the Iowa National Guard and
does not confer any right or benefit on any third person or party, private or public.
Additionally, nothing in this MOU is intended to restrict the authority of either signatory to
act as provided by law, statute, or regulation, or to restrict any agency from enforcing any
laws within its authority or jurisdiction.
13. Renegotiations: This agreement will be renegotiated when laws, regulations and or
support requirements change in such a manner that this agreement cannot be executed.
This document contains information that may be EXEMPT FROM MANDATORY DISCLOSURE UNDER
THE FREEDOM OF INFORMATION ACT(FOIA).Exemptions(b)(5),(b)(7)(F),and Title 5,U.S. Code
Section 552 (b)(5)and(b)(7)(F).
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SUBJECT: Drug Law Enforcement Support
14. The primary point of contact for the TCDETF will be LT Brent Cirksena, the TCDETF
Supervisor at (319) 291-4364. The point of contact for the Iowa National Guard will be
Colonel Michael Jensen, Counterdrug Coordinator at (515) 252-4606.
15. TERMS OF AGREEMENT. This memorandum 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
writing by mutual consent.
CHIEF OF POLICE THOMAS J. JENNINGS
Chair Person, TCDETF RON DARDIS
Waterloo, IA Major General
The Adjutant General
Iowa National Guard
Date Date
APPROVED: APPROVED:
Office of the Attorney General Staff Judge Advocate
This document contains information that may be EXEMPT FROM MANDATORY DISCLOSURE UNDER
THE FREEDOM OF INFORMATION ACT(FOIA).Exemptions(b)(5), (b)(7)(F),and Title 5,U.S. Code
Section 552(b)(5)and(b)(7)(F).
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