MEMORANDUM OF UNDERSTANDING (MOU)
                    INTERGOVERNMENTAL AGREEMENT

This Memorandum of Understanding (MOU)/Intergovernmental Agreement is being executed by the below listed agencies:

Federal Bureau of Investigation - Portland (FBI)

Portland Police Bureau (PPB)

Nothing in this agreement should be construed as limiting or impeding the basic spirit of cooperation which currently exists between the participating agencies as listed above.

I.                    PURPOSE

This agreement establishes and delineates the mission of the Portland Joint Terrorism Task Force, hereinafter referred to as the PJTTF, as a joint cooperative effort. Additionally, the agreement formalizes a relationship between the Portland FBI Terrorism Squads and the Portland Police Bureau in order to better address criminal extremist activity which would fall under the investigative responsibility of either agency.

II.                    MISSION

The mission of the PJTTF is to investigate and prosecute those responsible for criminal acts of terrorism.

III.                    ORGANIZATIONAL STRUCTURE

A.                    Composition

The PJTTF will consist of a combined enforcement body of agencies participating in the agreement. The Portland Police Bureau will provide full-time assigned personnel, as set forth below:

Portland Police Bureau

Two (2) full-time Officers

In the event of an immediate investigative need, the Chief of Police may consult with the Special Agent in Charge of the Portland FBI office and may assign such other Portland Police personnel to the PJTTF for full time assignment as the Chief deems appropriate.

B.                    Direction

All participants acknowledge that the PJTTF is a joint operation in which all agencies act as partners within the operation of the Task Force. Day to day supervision of the Task Force will reside with the Portland Terrorism Squad Supervisors. The participation of Portland officers in Task Force investigations will be subject to review by the PPB Lieutenant to insure compliance with applicable Oregon statutes and laws.

C.                    Supervision

The day to day operation and program coordination of the PJTTF will be the responsibility of the Terrorism Supervisory Special Agents (SSA's) of the Portland FBI. The daily management of the PJTTF will be closely monitored with the appropriate supervisory personnel of the listed agencies. Responsibility for the conduct of PJTTF members, both personally and professionally, shall remain with their respective supervisors. Failure to abide by local, state, or federal law by a Portland Police Bureau officer can result in the suppression of evidence in criminal trials, in civil liability against the City of Portland or individual officers, and in the criminal prosecution of officers.

IV.                    PROCEDURES

A.                    Personnel

Continued assignment of personnel to the PJTTF will be based upon performance and will be at the discretion of the respective agency supervisors. Each participating agency, upon request, will be provided with an update as to the program, direction, focus, and case specific accomplishments of the PJTTF.

B.                    Deputization/Security Clearance

All Portland Police personnel assigned to the PJTTF, in a full-time capacity, will be sworn as deputized Special Federal Officers, with the FBI securing the required deputization authorization. These deputizations will remain in effect throughout the tenure of each investigator's assignment to the PJTTF or until termination of the task force.

Due to various United States, Department of Justice, and FBI regulations and laws regarding classified information, prospective members of the JTTF who do not possess Top Secret clearances previously granted by the FBI/DOJ will be subjected to full background investigation(s) with assignment contingent upon receipt of appropriate security clearance(s). Security clearances will be granted for any applicable and relevant PPB managers or supervisors up to, and including, the Chief of Police. Investigative restrictions imposed by the PPB shall not be voided by deputization of their respective personnel. All members of the JTTF shall agree not to disclose any classified or sensitive information to non-JTTF members without the express permission of the FBI and shall agree to execute any applicable non-disclosure agreements, including the SF-312 and the FD-686, as may be necessary or required by the FBI.

C.                    Investigations

All PJTTF investigations will be initiated in accordance with United States Attorney General Guidelines on General Crimes, Racketeering Enterprise, and Terrorism Enterprise Investigations (AG guidelines). The investigative methods employed will be consistent with the policies and procedures of the FBI and the AG guidelines. However, in situations where the statutory or common law of Oregon is more restrictive of law enforcement than comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such Oregon statutes or common law.

D.                    Prosecution

The criteria for determining whether to prosecute a particular criminal violation in Oregon or United States District Court will focus upon achieving the greatest overall benefit to the community. Any question which arises pertaining to prosecutive jurisdiction will be resolved through discussion with the participating PJTTF agencies and the Multnomah County District Attorney's Office as well as the appropriate state prosecutors and/or United States Attorney's Office.

V.                    ADMINISTRATIVE

A.                    Case Assignments

The FBI SSA's assigned to the PJTTF will oversee the prioritization and assignment of cases and related investigative activity in accordance with the stated objectives and direction of the PJTTF. Cases will be assigned to investigative teams based on experience, training, performance, expertise, and existing case loads.

B.                    All investigative reporting will be prepared in compliance with existing FBI policy. The investigative files of the PJTTF will be housed in the Portland FBI office.

All evidence and original tape recordings (audio and video) acquired during the course of PJTTF investigations will be maintained at the Portland FBI. The FBI's rules and policies governing the submission, retrieval, and chain of custody will be adhered to by the PJTTF personnel.

C.                    Investigative Exclusivity

Matters designated to be handled by the PJTTF will not knowingly be subject to non-Task Force law enforcement efforts. Each participating agency will make internal notification regarding PJTTF existence, including its primary areas of investigative activity.

There should be no unilateral action taken on the part of any participating agency relating to PJTTF investigations. All law enforcement action will be coordinated and conducted as a cooperative matter. PJTTF investigative leads outside Oregon will be communicated to other FBI offices for appropriate investigation and report submission back to the PJTTF.

D.                    Informants and Cooperating Witnesses

The United States Attorney General Guidelines and the FBI's guidelines regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by members of the PJTTF. The FBI agrees, subject to funding availability, to pay informants'/cooperating witnesses' expenses in accordance with FBI policies and procedures and which are determined by the FBI to be reasonable and necessary. An appropriate FBI informant/cooperating witness file will be opened wherein all information furnished by the informant/cooperating witness will be maintained. In addition, any recommendations for payments to this informant/cooperating witness will also be documented therein. Each handling officer/agent in the PJTTF will determine what is an appropriate payment for the informant in coordination with the Portland FBI Terrorism Supervisors.

E.                    Staff Briefings

Periodic briefings on PJTTF investigations will be provided to the heads of participating agencies or their designees.

VI.                    MEDIA

All media releases pertaining to PJTTF investigations and/or arrests will be coordinated and made jointly by all participants of this MOU. No unilateral press releases will be made by any participating agency without the prior approval of all participants. No information pertaining to the PJTTF itself will be released to the media without mutual approval of all participants.

VII.                    EQUIPMENT

A.                    Vehicles

The JTTF agrees to provide the PPB Task Force members with vehicles. The purpose of these vehicles is for surveillance, case management, and investigation in connection with any JTTF investigation. The vehicle provided by the FBI can be used for official use only in connection with matters investigated by the JTTF.

In furtherance of the mission of the JTTF and in compliance with existing FBI policy for operation of U.S. Government vehicles, the FBI hereby agrees and authorizes members of the PPB participating in the JTTF to operate vehicles owned or leased by the FBI.

The PPB agrees to be responsible for tortious acts or omissions on the part of the PPB or their employees, for any liability resulting from use of FBI owned or leased vehicles utilized by the PPB Task Force member, and for any damage to said vehicles as a result of any action or omission on the part of the PPB or their employees.

The Portland FBI has requested authorization for two (2) lease vehicles.

B.                    The Portland FBI has requested radios, pagers, and cellular telephones for each full-time or part-time participant.

C.                    Computers, including laptops, will be made available where funding is available.

All equipment is subject to funding availability. The PJTTF has been approved by FBIHQ for operation for the period through September 30, 2005.

VIII.                    FUNDING

The Portland Police Bureau agrees to provide full-time services of its respective personnel for the duration of this operation. Participating agencies agree to assume all personnel costs for their task force representatives, including salaries, overtime payments, and fringe benefits consistent with their respective agency. Subject to funding availability and legislative authorization, the FBI will reimburse to the Portland Police Bureau the cost of overtime worked by PJTTF members assigned full-time to the Task Force, providing overtime expenses were incurred as a result of PJTTF related duties. Separate Contract Reimbursable Agreements (CRAs) will be executed by the FBI and each participating agency consistent with regulations and policy.

IX.                    LIABILITY

Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by the Department of Justice (DOJ) on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation to any federal or state law enforcement officer or employee.

Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States Government, acting within the scope of his/her employment, shall be an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. Section 1346(b), and Sections 2671- 2680.

For the limited purpose of defending claims arising out of JTTF activity, state officers who have been specifically deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "employee" of the United States Government as defined in 28 U.S.C. Section 2671. See 5 U.S.C. Section 3374(c)(2).

Under the Federal Employees Liability Reform and Tort Compensation Act of 1998 (commonly known as the Westfall Act), 28 U.S.C., Section 2679(b)(1), the Attorney General or his/her designee may certify that an individual defendant acted within the scope of his/her employment at the time of the incident giving rise to the suit. id., 28 U.S.C. Section 2679(d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. Section 2679(d)(2). If the Untied States is substituted as defendant, the individual employee is thereby protected from suits in his official capacity.

If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment." 28 U.S.C. Section 2679(d)(3).

Liability for any negligent or willful acts of JTTF members undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C. Section 1983 for state officers or cross-deputized federal officers.

Both state and federal officers enjoy qualified immunity from suit for constitutional torts, "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800 (1982).

JTTF officers may request representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R. Sections 50.15, 50.16.

An employee may be provided representation "when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General, or his/her designee, determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. Section 50.15(a).

A JTTF officer's written request for representation should be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the task force. The CDC will then forward the representation request to the FBI's Office of General Counsel (OGC) together with a letterhead memorandum concerning the factual basis for the lawsuit. FBI/OGC will then forward the request to the Civil Division of DOJ together with an agency recommendation concerning scope of employment and Department representation. 28 C.F.R. Section 50.15(a)(3).

If a JTTF officer is found to be liable for a constitutional tort, he/she may request indemnification from DOJ to satisfy an adverse judgement rendered against the employee in his/her individual capacity. 28 C.F.R. Section 50.15(c)(4). The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DOJ representation under 28 C.F.R. Section 50.15(a).

X.                    FORFEITURE

The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunction with PJTTF operations. Asset forfeitures will be conducted in accordance with federal law and the rules and regulations set forth by the FBI and the Department of Justice (DOJ). Forfeitures attributable to PJTTF investigations may be distributed among the agencies participating in PJTTF-related operations.

XI.                    DURATION

This MOU/Intergovernmental Agreement shall remain in effect until terminated on September 30, 2005. Continuation of this MOU/Intergovernmental Agreement shall be subject to the availability of necessary funding in federal fiscal year 2005. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated at any time by any of the participating agencies, including the Portland FBI. The participating agencies may withdraw from this agreement at any time by providing a thirty day written notice of its intent to withdraw to all other participating agencies. Upon the termination of the PJTTF and the MOU/Intergovernmental Agreement, all equipment will be returned to the supplying agencies.

__________________________________                                                            _________________
Contracting Officer                                                                                                                DATE
Federal Bureau of Investigation

__________________________________                                                            _________________
ROBERT J. JORDAN                                                                                                          DATE
Special Agent in Charge
Federal Bureau of Investigation

__________________________________                                                            _________________
DERRICK FOXWORTH                                                                                                    DATE
Chief
Portland Police Bureau

__________________________________                                                            _________________
VERA KATZ                                                                                                                      DATE
Mayor
City of Portland

__________________________________                                                            _________________
City Attorney                                                                                                                    DATE
City of Portland