MOU

City of Glendale — Regular Meeting (2024-10-08)

View PDF Item 18 Meeting page

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MEMORANDUM OF UNDERSTANDING 
between   
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
HOMELAND SECURITY INVESTIGATIONS 
and 
regarding 
THE DESIGNATION OF 
 EMPLOYEES  
AS CUSTOMS OFFICERS (EXCEPTED) 
1.
PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs
Enforcement (ICE) Homeland Security Investigations (HSI) and 
. 
. 
. 
2.
AUTHORITY. Title 19, United States Code (U.S.C.), Section 1401(i); 19 U.S.C. §  1589a. This MOU is also
authorized under the provisions of 
3.
PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close
cooperation and coordination between the two Parties. The Parties have therefore entered into this MOU to govern
the use of HSI designations by certain employees of 
Pursuant to section 401(i), Tariff Act of 1930, as amended (19 U.S.C. § 1401(i)), the Secretary of Homeland Security 
is authorized to designate persons as Customs Officers (Excepted) to perform the duties of a Customs Officer. 
Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § 1589a, 
customs officers are authorized to enforce the full range of federal offenses. However, in designating Customs 
Officers (Excepted), HSI is not conveying the authority to enforce administrative violations of immigration law.
There may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of 
to perform certain HSI duties. This MOU sets forth
ICE Form 73-002 (5/14)
Page 1 of 3
the agreement and relationship between the Parties with respect to this determination. 
4.
RESPONSIBILITIES.
The Parties agree as follows:
HSI agrees to:
a.
Designate certain employees of 
 as Customs 
Officers (Excepted), without additional compensation, to perform the duties as noted on the “Designation, 
Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001). This form is attached and is 
hereby made part of this MOU; 
b.
c.
Issue a “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001) to each 
qualified and designated employee; 
Provide appropriate training in laws, policies, and procedures to each designated employee; 
Glendale Police Department
Glendale Police Department
Glendale Police Department
Glendale Police Department
Glendale Police Department
Glendale Police Department
Glendale Police Department

d.
Advise the designated Customs Officers (Excepted) about court proceedings concerning seizures or
arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU;
and
e.
Process, under appropriate regulations, any injury claim submitted as a  result of injuries occurring to the
designated Customs Officers (Excepted) while such individuals are acting pursuant to this MOU, for
compensation under the Federal Employee Workers Compensation Act (5 U.S.C. § 8101, et seq.).
agrees: 
a.
That only sworn law enforcement officers of 
who successfully complete the appropriate HSI Task Force Officer cross-designation Training Course and
receive an approved “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE Form
73-001) will be designated as Customs Officers (Excepted);
b.
That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and
Restrictions as noted on the “Designation, Customs Officer (Excepted) – Title 19 Task Force Officer” (ICE
Form 73-001);
c.
To advise HSI of each court proceeding in which the validity of a Customs Officer (Excepted)’s
enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance
as deemed necessary by HSI;
d.
That agency employees designated as Customs Officers (Excepted) will follow HSI directives and
instructions when utilizing enforcement authority conveyed by HSI;
e.
To provide to HSI, before designation of each officer and on an ongoing basis, any derogatory information,
or information that may call into question the officer’s truthfulness or ability to testify in court; and
f.
To return all HSI-issued equipment and identification when a cross-designated officer terminates
employment or when his or her cross-designation expires.
Both Parties agree: 
a.
That any abuse of HSI cross-designation authority may lead to the revocation of such cross-designations
by HSI; and
b.
To schedule periodic meetings to review this MOU, as required.
5.
REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed “Designation, Customs
Officer (Excepted) – Title 19 Task Force Officer” (ICE Form 73-001). Copies of this form will be held by the
Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer (Excepted), and
. 
If applicable, the HSI office will maintain documentation of designated Customs Officers (Excepted) approved to 
use HSI vehicles and certification that the designated Customs Officers (Excepted) have completed the ICE Fleet 
Card Training in Virtual University and any other fleet related training. 
Page 2 of 3
ICE Form 73-002 (5/14)
Glendale Police Departme
Glendale Police Department
Glendale Police Department

HSI Office: 
:
Name: 
Name: 
Title:
Title:
Address: 
Address:
Telephone Number: 
Fax Number: 
Fax Number: 
E-mail Address:
7.
OTHER PROVISIONS. This MOU is an internal agreement between the Parties and does not confer any rights, privileges, or
benefits to any other party or the public.
6.
POINTS OF CONTACT.
E-mail Address: 
Telephone Number: 
Nothing in this MOU is intended to conflict with current laws, regulations, or policies of either Party. If a term of this MOU is
inconsistent with such authority, that term shall be invalid but the remaining terms and conditions of this MOU shall remain in full
force and effect.
Nothing in this MOU is intended or shall be construed to require the obligation, appropriation, or expenditure of any money from
the U.S. Treasury in violation of the Anti-Deficiency Act, 31 U.S.C. §§ 1341-1519.
The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU.
8.
EFFECTIVE DATE. The terms of this MOU will become effective on the date the last Party signs the MOU. The Designation
Form of each Customs Officer (Excepted) is effective per the date on that document.
9.
MODIFICATION. This MOU may be amended by the written concurrence of both Parties.
10.
TERMINATION. This MOU may be terminated by either Party upon a 30-day written notification to the other Party.
Name of HSI Official
Name of 
’s Official
Name of
’s Agency
Title of
’s Official
Title of HSI Official 
Homeland Security Investigations 
U.S. Immigration and Customs Enforcement 
Date:
Date:
Page 3 of 3
ICE Form 73-002 (5/14)
HSI Arizona
6835 N 57th Dr
Glendale, AZ, 85301
14641 North 74th Street
Scottsdale, Arizona 85620
michael.w.krause@hsi.dhs.gov
Michael Krause
Program 
Manager
Glendale PD
+1 (520) 240-1850
Glendale PD
Chief of Police
Glendale PD
APPROVED BY: 
Francisco Burrola
Special Agent in Charge, Arizona
Glendale PD
Police Sergeant
Mark Lindsey
623-930-3721
mlindsey@glendaleaz.com

CITY OF GLENDALE SIGNATURE PAGE Memorandum of 
Understanding with U.S. Immigration and Customs 
Enforcement (ICE) Homeland Security Investigations 
regarding the designation of Glendale Police Employees as 
Customs Officers.
ATTEST: 
_______________________________________ 
Julie K. Bower, City Clerk  
(SEAL) 
APPROVED AS TO FORM: 
______________________________________ 
Michael D. Bailey, City Attorney