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 LEA will be responsible and bear the costs of participating LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating 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 LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating 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. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000, Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist 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. See 28 C.F.R. § 50.15. The 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 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 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 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 LEA personnel under this MOA derive from Federal authority, the participating 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 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 LEA PCSD will be responsible and bear the costs of participating LEA PCSD personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA PCSD 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 LEA PCSD personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA PCSD 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. LEA PCSD 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), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA PCSD 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. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating PCSD personnel only to the extent authorized by law. The LEA PCSD 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 LEA PCSD 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 LEA PCSD 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 LEA PCSD 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 LEA PCSD personnel under this MOA derive from are undertaken under Federal authority, the participating LEA PCSD 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 LEA PCSD 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 LEA HCSO will be responsible and bear the costs of participating LEA HCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA HCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 Xxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, 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), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by law. The LEA 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 LEA 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 LEA 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 LEA 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 LEA HCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA BCSO will be responsible and bear the costs of participating LEA BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA BCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA 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) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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. See 28 C.F.R. § 50.15Subject 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 LEA 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 LEA 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 LEA 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 LEA 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 LEA BCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA Lake County Sheriffs Office will be responsible and bear the costs of participating LEA LCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA LCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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 DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA LCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA Nassau County Sheriffs Office will be responsible and bear the costs of participating LEA NCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA NCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA NCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 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) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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 DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA NCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA Suwannee County Sheriffs Office will be responsible and bear the costs of participating LEA SCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA SCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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 DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA SCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA Highlands County Sheriffs Office will be responsible and bear the costs of participating LEA HCSO personnel with regard to their property or personal expenses incurred by reason of death, injuryinju1y, or incidents giving rise to liability. Participating LEA 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 LEA HCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0X00 Xx\\-00x Xx., Xxx. 000, Xxxxxxx, XX 00000 (Phone: 000-000-0000). 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), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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(g) and this MOA13S7(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. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA HCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA will be responsible and bear the costs of participating LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating 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 LEA personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating 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. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 0000 Xxxxx Xxxxxx Xxxx Drive, West Valley, UT 84119. 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), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist 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. See 28 C.F.R. § 50.15. The 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 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 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 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 LEA personnel under this MOA derive from Federal authority, the participating 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 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 LEA will be responsible and bear the costs of participating LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating 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 LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating 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. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx 0000 Xxxxxxx Xxxxxx Xxxxx Xxxx 0000000, Xxx Xxxxxxx, XX, XX 00000. OPLA, through its headquarters, will assist 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. See 28 C.F.R. § 50.15. The 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 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 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 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 LEA personnel under this MOA derive from Federal authority, the participating 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 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 LEA Xxxxxx County Sheriffs Office will be responsible and bear the costs of participating LEA TCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA TCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA TCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 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) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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. See 28 C.F.R. C.F .R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA TCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA LCSO will be responsible and bear the costs of participating LEA LCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA LCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 X. 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) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating LCSO personnel only to the extent authorized by law. The LEA 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 LEA 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 LEA 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 LEA 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 LEA LCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA FCSO will be responsible and bear the costs of participating LEA FCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA FCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 X. Xxx Xxxxx Street, Suite 701, Chicago, IL 60607. 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), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA FCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA will be responsible and bear the costs of participating LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating 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 LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating 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. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 00000000 Xxxxxx Xx. Suite 100, XxxxxxxOrlando, XX, 00000FL 32803. OPLA, through its headquarters, will assist 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. See 28 C.F.R. § 50.15. The 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 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 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 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 LEA personnel under this MOA derive from Federal authority, the participating 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 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 LEA JCSO will be responsible and bear the costs of participating LEA JCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA JCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA JCSO 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. LEA JCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 Xxxxxxxxxx Xxxxx, Xxxx 0000, Xxxxxxx, XX 00000 / 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) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating JCSO personnel only to the extent authorized by law. The LEA 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 LEA 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 LEA 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 LEA 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 LEA JCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA Xxxxxx County Sheriffs Office will be responsible and bear the costs of participating LEA PCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA PCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA PCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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 DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA PCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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)(7) and (8), the LEA MCSO will be responsible and bear the costs of participating LEA MCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA MCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 Xxxxxx Xxxxxx, Xxxxx 00, Xxxxxxx, 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), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating MCSO personnel only to the extent authorized by law. The LEA 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 LEA 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 LEA 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 LEA 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 LEA MCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA BCSO will be responsible and bear the costs of participating LEA BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA BCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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 DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA BCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA Monroe County Sheriff's Office will be responsible and bear the costs of participating LEA 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 LEA 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 LEA MCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 this MOA); 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. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA MCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA DeSoto County Sheriffs Office will be responsible and bear the costs of participating LEA DCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA DCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA DCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 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) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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 DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA DCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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 LEA INITIALS will be responsible and bear the costs of participating LEA INITIALS personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating 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 LEA INITIALS personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA INITIALS 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. LEA INITIALS personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at OCC ADDRESS. 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), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist 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 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. See 28 C.F.R. § 50.15Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating LEA INITIALS personnel only to the extent authorized by law. The 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 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 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 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 LEA INITIALS personnel under this MOA derive from are undertaken under Federal authority, the participating 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 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 LEA Franklin County Sheriffs Office will be responsible and bear the costs of participating LEA FCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA 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 LEA FCSO personnel performing a function will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on behalf of ICE as authorized by actions conducted in compliance with this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State lawMOA. See 8 U.S.C. § 1357(g)(8). Participating LEA 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. LEA FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx Xx., Ste. 100, Orlando, FL 32803 (Phone: 000-000-0000). The Office of the Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 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 DOJofDOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA FCSO personnel under this MOA derive from are undertaken under Federal authority, the participating LEA 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 LEA 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.

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 LEA will be responsible and bear the costs of participating LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating 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 LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating 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. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000Xxx Xxxxxx Drive SW, XxxxxxxSuite 332, XXAtlanta, 00000GA 30303. OPLA, through its headquarters, will assist 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. See 28 C.F.R. § 50.15. The 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 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 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 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 LEA personnel under this MOA derive from Federal authority, the participating 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 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 LEA SCSO will be responsible and bear the costs of participating LEA 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 LEA personnel will be treated as Federal employees only for purposes of ParticipatingeSCSOepersonnelewillebeetreatedeasetfederaleemployeeseonlyeforepurposeseof the Federal Tort FederaleTort Claims Act, 28 U.S.C. § 1346(b)(128eU.S.C. §e1346(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 byethis MOA. See 8 U.S.C.e§ 1357(g)(7); 28 U.S.C.e§ 2671.eIneaddition, it isethe understanding of the parties to this MOAethateparticipating SCSO personnelewilleenjoy the same defenses andeimmunitiesefrom personaleliabilityeforetheirein-scopeeactsethateareeavailableetoeICEeofficersebasedeoneactions conducted in compliance with 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 LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State law. See 8 U.S.C. § 1357(g)(8§e1357(g)(8). Participating LEA 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. LEA SCSO personnel who wish to submit a request for representation shall notify the local ICE Office ofethe ChiefCounsel at 000 X. Xxx Xxxxx Street, Suite 701, Chicago, IL 60607. The Office ofthe Chief Counsel in tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000), Xxxxxxx, XX, 00000. OPLA, through its headquarters, which will assist LEA 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 this MOA); 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. See 28 C.F.R. C.tf.R. § 50.15. The LEA 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 LEA 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 LEA 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 LEA 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 LEA personnel under this MOA derive from Federal authority, the participating 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 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.