Common use of Liability and Responsibility Clause in Contracts

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO will be responsible and bear the costs of participating BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by law. The BCSO agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Xxxxxxx County Sheriff's Office The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO HCSO will be responsible and bear the costs of participating BCSO HCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO HCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx000 Xxxxxx Xxxxxx, Xxxx 000 XxxxxxXxxxx 000, Xxxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO HCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO HCSO personnel only to the extent authorized by law. The BCSO HCSO agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO HCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO HCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO HCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO HCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO HCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO HCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Xxxxxxxx County Sheriff's Office The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Sumter County Sheriffs Office will be responsible and bear the costs of participating BCSO SCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO SCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO SCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO SCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Sutmer County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO SCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Sumter County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO SCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO SCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO SCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Sumter County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS DRS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Xxxxxx County Sheriffs Office will be responsible and bear the costs of participating BCSO PCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO PCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO PCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO PCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO PCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO PCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Xxxxxx County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO PCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Xxxxxx County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO PCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO PCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO PCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Xxxxxx County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOAthisMOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(713S7(g)(7) and (8), the BCSO Xxxxxxxx County Sheriff's Office will be responsible and bear the costs of participating BCSO HCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO HCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. 50.1S. Absent exceptional circumstances, such requests must be made in writing. BCSO HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department ofHomeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO HCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Xxxxxxxx County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination tennination of this MOA. Failure of any participating BCSO HCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Xxxxxxxx County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO HCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO HCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO HCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Xxxxxxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. U .S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA INITIALS will be responsible and bear the costs of participating BCSO LEA INITIALS personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA INITIALS personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA INITIALS personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA INITIALS personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA INITIALS personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000OCC ADDRESS. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO LEA INITIALS personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO LEA INITIALS personnel only to the extent authorized by law. The BCSO LEA INITIALS agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA INITIALS employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA INITIALS agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA INITIALS personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA INITIALS personnel under this MOA are undertaken under Federal authority, the participating BCSO LEA INITIALS personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA INITIALS and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO DeSoto County Sheriffs Office will be responsible and bear the costs of participating BCSO DCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO DCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO DCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO DCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO DCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO DCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO DeSoto County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO DCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO DeSoto County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO DCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO DCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO DCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO DeSoto County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Xxxxxx County Sheriff's Office will be responsible and bear the costs of participating BCSO MCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO MCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO MCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO MCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Xxxxxx County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documentsdocwnents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO MCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Xxxxxx County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents docwnents necessary to complete such compliance review. It is understood that information provided by any BCSO MCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO MCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO MCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Xxxxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Nassau County Sheriffs Office will be responsible and bear the costs of participating BCSO NCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO NCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO NCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO NCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. C.F .R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO NCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO NCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Nassau County Sherifrs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO NCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Nassau County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO NCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO NCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO NCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Nassau County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Lake County Sheriffs Office will be responsible and bear the costs of participating BCSO LCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO LCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO LCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Lake County Sherifrs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, 'including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Lake County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO LCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Lake County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 000 Xxx Xxxxxx Drive SW, which Suite 332, Atlanta, GA 30303. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. York County Sheriff's Office The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted otherwiseenoted in this MOA or allowed oreallowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO SCSO will be responsible and bear the costs of participating BCSO theecosts ofparticipating SCSO personnel with regard to their toetheir property or personal orepersonal expenses incurred by reason of death, injury,einjury, or incidents giving rise to riseeto liability. Participating BCSO personnel will be treated as Federal employees only for purposes of ParticipatingeSCSOepersonnelewillebeetreatedeaseFederaleemployeeseonlyeforepurposeseof the Federal Tort FederaleTort Claims Act, 28 U.S.C. 28eU.S.C. §§ 1346(b)(1e1346(b)(l), 2671-2680, and worker’s compensation worker'secompensation claims, 5 U.S.C. § 8101 U.S.C.e§ 810eI et seq., when performing a function on behalf of ICE onebehalfofICE as authorized by this byethis MOA. See 8 U.S.C. § U.S.C.e§ 1357(g)(7); 28 U.S.C. § 2671. In additionU.S.C.e§ 2671.eIneaddition, it is the isethe understanding of the parties to this MOA that participating BCSO personnel will enjoy MOAethateparticipating SCSO personnelewilleenjoy the same defenses and immunities from personal liability for their inandeimmunitiesefrom personaleliabilityeforetheirein-scope acts that are available to ICE officers based on actions scopeeactsethateareeavailableetoeICEeofficersebasedeoneactions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8§e1357(g)(8). Participating BCSO SCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel ofethe ChiefCounsel at XXX Xxxxxxx Xxxxxxxx000 X. Xxx Xxxxx Street, Xxxx 000 XxxxxxSuite 701, XX 00000Chicago, IL 60607. The Office of the ofthe Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of hisofhis/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the ofthe United States, to the Director of the ofthe Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice ofJustice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO TheeSCSO agrees to cooperate with any Federal investigation related to this MOA to investigationerelatedeto thiseMOAeto the full extent of its fulleextent ofits available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure documents.eFailure to do so may result in the termination of this theetermination ofthis MOA. Failure of any participating BCSO employee to anyeparticipating SCSO employeeeto cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate mayeresultein revocationeof sucheindividual'seauthorityeprovidedeunderethiseMOA.eTheeSCSO agreesetoecooperateewitheFederalepersonneleconductingereviewsetoeensureecomplianceewithethe termseofethiseMOAeandetoeprovideeaccessetoeappropriate databases, personnel, and documents ,epersonnel,eandedocuments necessary to complete toecomplete such compliance review. It is understood that information iseunderstood thateinformation provided by any BCSO personnel under byeany SCSOepersonneleunder threat of disciplinary action in an administrative investigation cannot be used against ofedisciplinaryeactionein aneadministrativeeinvestigationecannotebe usedeagainst that individual in subsequent criminal proceedings, consistent with Xxxxxxx inesubsequentecriminaleproceedings,econsistent witheGarrity v. New Jersey, 000 X.X. 000 (1967385eU.S.e493e(1967), and its progeny. As the activities of participating BCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.APPENDIX A

Liability and Responsibility. Except as otherwise noted otherwiseenoted in this MOA or allowed oreallowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO SCSO will be responsible and bear the costs of participating BCSO theecosts ofparticipating SCSO personnel with regard to their toetheir property or personal orepersonal expenses incurred by reason of death, injury,einjury, or incidents giving rise to riseeto liability. Participating BCSO personnel will be treated as Federal employees only for purposes of ParticipatingeSCSOepersonnelewillebeetreatedeasetfederaleemployeeseonlyeforepurposeseof the Federal Tort FederaleTort Claims Act, 28 U.S.C. 28eU.S.C. §§ 1346(b)(1e1346(b)(l), 2671-2680, and worker’s compensation worker'secompensation claims, 5 U.S.C. § 8101 U.S.C.e§ 810eI et seq., when performing a function on behalf of ICE onebehalfofICE as authorized by this byethis MOA. See 8 U.S.C. § U.S.C.e§ 1357(g)(7); 28 U.S.C. § 2671. In additionU.S.C.e§ 2671.eIneaddition, it is the isethe understanding of the parties to this MOA that participating BCSO personnel will enjoy MOAethateparticipating SCSO personnelewilleenjoy the same defenses and immunities from personal liability for their inandeimmunitiesefrom personaleliabilityeforetheirein-scope acts that are available to ICE officers based on actions scopeeactsethateareeavailableetoeICEeofficersebasedeoneactions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8§e1357(g)(8). Participating BCSO SCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel ofethe ChiefCounsel at XXX Xxxxxxx Xxxxxxxx000 X. Xxx Xxxxx Street, Xxxx 000 XxxxxxSuite 701, XX 00000Chicago, IL 60607. The Office of the ofthe Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of hisofhis/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the ofthe United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.tf.R. § 50.15. The BCSO TheeSCSO agrees to cooperate with any Federal investigation related to this MOA to investigationerelatedeto thiseMOAeto the full extent of its fulleextent ofits available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure documents.eFailure to do so may result in the termination of this theetermination ofthis MOA. Failure of any participating BCSO employee to anyeparticipating SCSO employeeeto cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate mayeresultein revocationeof sucheindividual'seauthorityeprovidedeunderethiseMOA.eTheeSCSO agreesetoecooperateewithetfederalepersonneleconductingereviewsetoeensureecomplianceewithethe termseofethiseMOAeandetoeprovideeaccessetoeappropriate databases, personnel, and documents ,epersonnel,eandedocuments necessary to complete toecomplete such compliance review. It is understood that information iseunderstood thateinformation provided by any BCSO personnel under byeany SCSOepersonneleunder threat of disciplinary action in an administrative investigation cannot be used against ofedisciplinaryeactionein aneadministrativeeinvestigationecannotebe usedeagainst that individual in subsequent criminal proceedings, consistent with Xxxxxxx inesubsequentecriminaleproceedings,econsistent witheGarrity v. New Jersey, 000 X.X. 000 (1967385eU.S.e493e(1967), and its progeny. As the activities of participating BCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.APPENDIX A

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7l 357(g)(7) and (8), the BCSO Okeechobee County Sheriff's Office will be responsible and bear the costs of participating BCSO OCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO OCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to 'f this MOA that participating BCSO OCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. lJ.S.C. § 1357(g)(8l 357(g)(8). Participating BCSO OCSO personnel named as personal-capacity defendants in litigation arising from activities carried CatTied out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, . such requests must be made in writing. BCSO OCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel. 0000 Xxxxxx Xx., XX 00000Ste. I00. Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO OCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, . it will forward the request for representation, . any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(gl 357(g); and, 2) such representation would be in the interest of the United States, . to the Director of the Constitutional and Specialized Tort Litigation Section, . Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; 00.J it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Okeechobee County Sheriff' s Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, . personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO OCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Okeechobee County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, . personncL and documents necessary to complete such compliance review. It is understood that information infonnation provided by any BCSO OCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, . consistent with Xxxxxxx v. Ciarrily \'. New Jersey, . 000 X.X. 000 (( 1967), . and its progeny. As the activities of participating BCSO pa11icipating OCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO OCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx XxxxxxUniled Stales, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal crimina) case or investigation. The BCSO Okeechobee County Sherifrs Office and ICE are each responsible responsib)e for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related re)ated system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Xxxxxx County Sheriff's Office will be responsible and bear the costs of participating BCSO HCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO HCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO HCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1I) the requesting individual was acting within the scope of hisofhis/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Xxxxxx County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO HCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Xxxxxx County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO HCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO HCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO HCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Xxxxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO will be responsible and bear the costs of participating BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Galveston County Sheriff's Office The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO JCSO will be responsible and bear the costs of participating BCSO JCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO JCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO JCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO JCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO JCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx000 Xxxxxxxxxx Xxxxx, Xxxx 000 Xxxxxx0000, Xxxxxxx, XX 0000000000 / PD-HOU- XXX.XXXX@xxx.xxx.xxx. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO JCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO JCSO personnel only to the extent authorized by law. The BCSO JCSO agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO JCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO JCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO JCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 385 U.S. 493 (1967), and its progeny. As the activities of participating BCSO JCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO JCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx XxxxxxUnited States, 000 X.X. 000 405 U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO JCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Suwannee County Sheriffs Office will be responsible and bear the costs of participating BCSO SCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO SCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO SCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO SCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO uwannee County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO SCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Suwannee County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO SCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO SCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO SCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Suwannee County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Highlands County Sheriffs Office will be responsible and bear the costs of participating BCSO HCSO personnel with regard to their property or personal expenses incurred by reason of death, injuryinju1y, or incidents giving rise to liability. Participating BCSO HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7l357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO HCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstancescircwnstances, such requests must be made in writing. BCSO HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, 0X00 Xx\\-00x Xx., Xxx. 000, Xxxxxxx, XX 0000000000 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO HCSO personnel with the request for representation, including the appropriate approp,iate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g13S7(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Highlands County Sherifrs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO HCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Highlands County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO HCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO HCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO HCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information infonnation about possible witnesses or affiants in a criminal case or investigation. The BCSO Highlands County Sherifrs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO FCSO will be responsible and bear the costs of participating BCSO FCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO FCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO FCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO FCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx000 X. Xxx Xxxxx Street, Xxxx 000 XxxxxxSuite 701, XX 00000Chicago, IL 60607. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO FCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO FCSO agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO FCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO FCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO FCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO FCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO FCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO FCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx0000 Xxxxx Xxxxxx Xxxx Drive, Xxxx 000 XxxxxxWest Valley, XX 00000UT 84119. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Santa Xxxx County Sheriff's Office will be responsible and bear the costs of participating BCSO SRSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO SRSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE behalfofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO SRSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO SRSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. C.F.R § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO SRSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO SRSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJdiscretionofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Santa Xxxx County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO SRSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Santa Xxxx County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and an.d to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO SRSO personnel under threat of disciplinary disciplinacy action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO SRSO personnel under this MOA are undertaken under Federal authority, the participating BCSO SRSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Santa Xxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. C.F.R §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO MCSO will be responsible and bear the costs of participating BCSO MCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO MCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO MCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO MCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx000 Xxxxxx Xxxxxx, Xxxx 000 XxxxxxXxxxx 00, Xxxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO MCSO personnel only to the extent authorized by law. The BCSO MCSO agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including powers and to the extent permitted by applicable law. This includes providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO MCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO MCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO MCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO MCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO MCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Except as specifically provided otherwise in this MOA or any appendices, the MCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Monroe County Sheriff's Office will be responsible and bear the costs of participating BCSO o f p articipating MCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO MCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO MCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO MCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the o f t he United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO MCSO County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this ofthis MOA. Failure of any participating BCSO MCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Monroe County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO MCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO MCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO MCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Monroe County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOAthisMOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 0000 Xxxxxxx Xxxxxx Xxxxx 000, which Xxx Xxxxxxx, XX 00000. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Xxxxxx County Sheriff's Office The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Lavaca County Sheriff's Office The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Xxxxxx County Sheriffs Office will be responsible and bear the costs of participating BCSO TCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO TCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO TCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO TCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO TCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO TCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F .R. § 50.15. The BCSO Xxxxxx County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO TCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Xxxxxx County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO TCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO TCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO TCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Xxxxxx County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOAsMOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 0000 Xxxxxx Xx. Suite 100, which Orlando, FL 32803. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Pasco Sheriff's Office The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO theWakulla County Sherifrs Office will be responsible and bear the costs of participating BCSO WCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO personnel WCSO persoMel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO WCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO WCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO WCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO WCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1I) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Wakulla County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing P.roviding access to appropriate databases, personnel, individuals in custody custodr and documents. Failure Fmlure to do so may result in the termination tennination of this MOA. Failure of any ofany participating BCSO WCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Wakulla County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance comphance with the terms tenns of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is 1s understood that information infonnation provided by any BCSO WCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 38S U.S. 493 (1967), and its progeny. As the activities of participating BCSO WCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO WCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx XxxxxxUnited Stales, 000 X.X. 000 40S U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information infonnation about possible witnesses or affiants in a criminal case or investigation. The BCSO Wakulla County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552aS52a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information infonnation under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LCSO will be responsible and bear the costs of participating BCSO LCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO LCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 XxxxxxX. Xxx Xxxxx Xxxx. Xxx Xxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO LCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO LCSO personnel only to the extent authorized by law. The BCSO LCSO agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO LCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LCSO and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO LEA will be responsible and bear the costs of participating BCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating BCSO LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA)) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist BCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO LEA employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The BCSO LEA agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO LEA personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating BCSO LEA personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO LEA and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Pinellas County Sheriffs Office will be responsible and bear the costs of participating BCSO OCCD personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO OCCD personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO OCCD personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO OCCD personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO OCCD personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO OCCD personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ)}. Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Osceola County Corrections Department agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO OCCD employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Osceola County Corrections Department agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO OCCD personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO OCCD personnel under this MOA are undertaken under Federal authority, the participating BCSO OCCD personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Osceola County Corrections Department and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Bradford County Sheriffs Office will be responsible and bear the costs of participating BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Bradford County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Bradford County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Bradford County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the BCSO Franklin County Sheriffs Office will be responsible and bear the costs of participating BCSO FCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating BCSO FCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating BCSO FCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating BCSO FCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. BCSO FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at XXX Xxxxxxx XxxxxxxxU.S. Department of Homeland Security, Xxxx 000 XxxxxxOrlando Office of Chief Counsel, XX 000000000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist BCSO FCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating BCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The BCSO Franklin County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating BCSO FCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The BCSO Franklin County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any BCSO FCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating BCSO FCSO personnel under this MOA are undertaken under Federal authority, the participating BCSO FCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The BCSO Franklin County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.