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R02-098RESOLUTION R 02-C~q~, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING WITH BROWARD COUNTY SHERIFF'S OFFICE, JOINING A MULTI-AGENCY TASK FORCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Broward County Sheriff's Office is the recipient of a leral Grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses; and WHEREAS, the City of Boynton Beach will be joining with other agencies to implement the LEACH Task Force; and WHEREAS, the City Commission, upon recommendation of staff 'determined that it is in the best interests of .the citizens and employees of the City to enter into a Law Enforcement Against Child Harm (LEACH) Operational Task Force Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Law Enforcement Against Child Harm Operational Task Force Memorandum of UnderStanding between the City of Boynton Beach, Florida and Broward County Sheriff's Office being attached hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this I~ day of June, 2002. Commissioner ATTEST: S:¥~re~agrA~em~tsC~."gACH - .T~ Force PD LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING 5,VHEREAS, the below subscribed law enforcement agencies have joined together in a multi-agency task force intended to combat crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle orgamzations engaging in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the Broward Sheriff's Office is the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations, NOW THEREFORE, the parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement to implement the LEACH Task Force for the purposes and goals indicated below: Parties To This Agreement: The Florida Department of Law Enforcement, The Broward Sheriff's Office, The City of Miami Police Department, The St. Lucie Sheriff's Office, The Bal Harbour Village Police Department, The City of Parkland Public Safety Department, The City of Hollywood Police Department, The Sebastian Police Department, The Coral Springs Police Department, The Monroe County Sheriff's Office The Palm Beach County Sheriff's Office The Boynton Beach Police Department The Miami-Dade Police Department, The City of Fort Lauderdale Police Department, The City of Miramar Police Department, The Martin County Sheriff's Office The City of Pembroke Pines Police Department, The City of Margate Police Department, The Indian River County Sheriff's Office, The Delray Beach Police Department, The City of Miami Beach Police Department The Indian Creek Village Public Safety Dept. The Boca Raton Police Department The City of West Palm Beach Police Department Additional parties may enter into this Agreement at a later date, upon an affirmative vote of a majority of the LEACH Advisory Board members. The Advisory Board may sign an Agreement reflecting the addition of a new Party to this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to all Parties to the Agreement. LEACH MISSION The Task Force is to effect dedicated and intensive investigative, proactive, and general law enforcement efforts primarily with regard to the investigation of the criminal exploitation of children committed by or through the use of computers, computer technology, and the Internet. Such crimes include, but are not limited to, the procuring, collection, transfer or distribution of child pornography, and, the llaring,' seduction or enticement of a child for sexual purposes through computer on-line services, bulletin board services, or Internet services. The principal goals of the task force shall be the successful identification, apprehension and prosecution of child molesters, child pornographers, child pornography collectors or distributors, child abusers, and preferential sexual offenders who target children. The Task Force shall strive to prevent the victimization and sexual exploitation of children and to identify and assist victims and ' and potential victims of child pornography, computer pornography and chilu abuse. Such efforts shall include, but are not limited to, covert undercover operations designed to detect illegal activity and to identify those involved in such activity including those directing or otherwise controlling organized child pornography rings; the collection and maintenance of an intelligence database identifying known and suspected child molesters, child pornographers, child pornography collectors or distributors, child abusers and preferential sexual offenders who target children; the arrest and prosecution of those involved (utilizing state and federal prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such activity or otherwise supporting such activity (utilizing state, and federal forfeiture options, as appropriate); and the referral of investigative leads and intelligence to such other federal, state, or local law enforcement authorities as may be required and appropriate under the Task Force's operations. The Parties to this Agreement are contributing personnel and resources in support of the Task Force efforts, with the operations of the Task Force being coordinated with FDLE and BSO and other Task Force members. - JURISDICTION The principal sites of Task Force activity shall be Broward County, Miami-Dade County, and Palm Beach County, Florida. Nothing in this Agreement shall be construed as to grant jurisdiction outside a Task Force member's normal territorial boundaries. The appropriate federal and/or state authorities will be contacted should an investigation extend outside the jurisdiction of the participating Task Force agencies. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee% Agency. COMPOSITION AND SUPERVISION The undersigned agencies agree to the creation of a LEACH Advisory Board, comprised of a member of the Broward Sheriff's Office and the Florida Department of Law Enforcement and other participating agencies as may be decided by FDLE and BSO. The Advisory Board shall act as a governing board for issues before the Task Force but not relating to the day-to-day operations of the participating Agencies. The Advisory Board will also be responsible for determining the equipment, personnel, and training needs of the Task Force. The day-to-day operational decisions for individual cases will be the responsibility of the originating agency. However, all cases will be monitored by BSO and FDLE. Furthermore, the authorization of overtime, the purchase of equipment and any other expenditures will be the responsibility of BSO (as the grant recipient), to the extent that these costs will be 'funded - as permitted - by the federal grant disbursed by OJJDP. All personnel participating in Task Force operations and the equipment utilized by such personnel as provided or assigned by the Advisory Board shall be under the supervision, direction and control of a Task Force Supervisor(s), who will be one member of BSO and one member of FDLE. Standard operating procedures will be further guided by the OJJDP Internet Crimes Against Children ("ICAC") Guidelines which are attached and incorporated herein as Exhibit "A." In no event wilI a Task Force member be expected or required to violate or otherwise fail to maintain restrictions or limitations imposed by law, or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. Upon written notification to all Parties, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees particiPating in the Task Force. However, the Attviso~ Board may request that a particular sworn member or support person assigned to the Task Force no longer be allowed to participate in the Task Force. LIABi~.,I[TY AND COST-RELATED [SSU~,S Each Party to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employees while such employees are engaged in Task Force operations. Each Party agrees to maintain its own comprehensive general liability insurance, professional liability .insurance, automobile liability insurance and workers' compensation insurance policies or maintain a self-insuring fund or the term of this Agreement in the amounts determined by each Party to adequately insure such Party's liability assumed herein, but in no event shall such coverage be less than the amount of statutory waiver of sovereign immunity. Each Party agrees to provide the other Parties with proof of insurance (comprehensive general liabili~.y, professional liability, automobile liability and workers' compensation) or proof that the Party maintains a self-insurance fund consistent with F.S.S. Chapter 768.28. Each Party (indemnitor) hereby shall, to the extent permitted by law, indemnify from any liability and hold harmless the other Parties (indemnitees), their employees, agents, or servants against liability including, but not limited to, court costs and attorneys' fees, arising from any actions, cauzes of actions, suits, trespasses, damages, judgments, executions, claims, and demands of any kind whatsoever, in law or in equity, brought against the indernnitees, their employees, agents, and servants as a result of the indemnitor, its employees, agents or servants' negligent acts or negligent omissions, while acting within the scope of their employment. Each Party will at all times be entitled' to the benefits of sovereign immunity as provided in F.S.S. 768.28 and common law. Nothing contained herein shall be construed as a waiver of sovereign immunity. Each Party to this Agreement agrees to'fumish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other Party to this Agreement in order to effect the purposes of the Task Force and agrees to bear the cost of loss or damage to such equipment, vehicles, or property. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources. This provision shall not preclude necessary property, resources or costs being purchased or funded via legally vested Task Force funds, if agreed to by the Parties. Each participating agency shall compensate its employees during the time they participate in Task Fome operations and shall defray the actual expenses of its employees while so engaged, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in Task Force operations. The privileges and immunities fi.om liability, exemption fi.om laws, ordinances, and rules, and ali pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an Agency when performing the.employee's duties shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. This provision shall not preclude payment of compen, sation (including overtime compensation), if allowed, through the use of legally vested Task Force funds, as agreed to by the Parties. ' . FORFEITURE ACTIONS No funds or other property seized by Task Force operations are to be utilized by any Task Force agency prior to successful forfeiture or, if no forfeiture is pursued, until title or interest in the property otherwise vests in one or more Task Force agencies by operation of taw. Forfeiture actions based upon seizures made by the Task Force may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. The Parties agree that the local Sheriff's offices', which are signatories to this Agreement, by and through their attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court when a seizure occurs in that particular Sheriff's jurisdiction. The Parties agree that FDLE, through it's attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions when a seizure occurs outside of the jurisdiction of any of the signatory parties to this Agreement, but within the State of Florida, on behalf of all parties in state court. However, this provisiOn shall not preclude the use of other forfeiture attorneys or personnel as needed On particular matters. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and shall take into account their relative roles in support of the efforts of the Task Force unless an alternate distribution allocation among the Parties has been agre,d to. Any Party to this Agreement may request copies of forfeiture complaints and pleadings filed by reason of Task Force seizures and such copies shall be promptly provided to the requester. All decisions regarding forfeiture proceedings shall remain with the agency (county or state), depending on which agency would be filing for forfeiture if an action is instituted. However, if any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force agency(ies) in seized cash or property is raised by any of the Parties to this Agreem~:nt, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party to this Agreement believes there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf of the Task Force is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available to the Task Force, provided the property under consideration otherwise qualifies under law for such consideration. RECORDS AND REPORTS The Parties to this Agreement agree that all Task Force reports will be maintained by BSO and/or FDLE, utilizing case numbers which identify all reports as LEACH Task Force case investigations. All case reports will also be maintained by the lead investigating agency for each individual ease. OJJDP INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM GUIDELINES The Parties to this Agreement acknowledge that they have received and reviewed the attached Office of Juvenile Justice and Delinquency Prevention (OJJDP) Interact Crimes Against Children (ICAC) Task Force Program Guidelines. The guidelines were promulgated for use in connection with funds dispensed by the Broward Sheriff's Office 0380) under the 1998 federal OJJDP Interact Crimes Against Children Grant awarded to BSO. The guidelines specify how Task Force investigations may be conducted, and include provisions, on Case Management, Workspace and Equipment, Case Predication and Prioritization, . Reeordkeeping, UndercOver Investigations, Evidence Procedures, Information Sharing, Supervision, Selection of ICAC Personnel, Prevention and Education Activities, Media Releases, and the ICAC Task Force Review Board. The guidelines are speeifieally incorporated herein by reference and are attached hereto, and by entering this Agreement, the Parties agree to abide by all covenants, restrictions, limitations, and guidelines contained therein and conduct all investigation in accordance thereto. Failure to abide by said guidelines will result in the removal of said Task.Force member by the Task Force LEACH committee members and/or the participating agency from the LEACH Task Force. In the event that a Task Force member's employing agency's own roles, protocols, procedures or guidelines are discovered to be in conflict with, and are more restrictive in application than the OJJDP ICAC Task Force Program Guidelines; that Task Force member shall immediately notify the Task Force supervisor and that Task Force agency shall not be required to aid or assist in the investigation. In no event will a Task Force member be expected or required to violate or' exceed or otherwise fail to maintain restrictions or limitations imposed by law~ or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. In accordance with the OJJ'DP ICAC grant disbursed to the LEACH Task Force through the Broward Sheriff's Office, the OJJDP may order a review and audit of Task Force operations with regard to the seizure and handling of all evidence, property, or cash or any other aspect of Task Force operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. INTERPLAY % ~TH STATE AND FEDERAL AU't dORITIES The Parties to this Agreement recognize that the United States Department of Justice and the United States Customs Service have requested that the efforts of the Task Force be closely coordinated with federal authorities having interests in child pornography investigations and child exploitation investigations involving the use of computers %nd the Internet. The Parties to this Agreement further recognize that investigations of this nature may involve violations of law in other state jurisdictions. In the event that a Task Force member determines that the investigation involves the jurisdictional territory of another state, he/she shall immediately notify the Task Force supervisor. The police authority in the sister state and the Child Pornography Pointer System (CPPS) that is maintained by the Federal Bureau of Investigation's Innocent Images Task Force shall then be notified in accordance with OJJDP ICAC policy guidelines and apprised of the facts of the investigation. -COMPLAINTS AGAINST TASK FORCE MEMBERS Whenever a complaint has been lodged as a result of Task Force efforts, the Task Force supervisor shall ascertain at a minimum: The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted, the nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about, the identity(les) of the Task Force participant(s) accused and the employing Agency(ies) of the participant(s) accused. The Task Force supervisor will promptly provide to each affected employing Agency the above information for administrative review and appropriate handling or disposition. Each affected employing Agency shall, upon completion of said review, notify all Task Force Advisory Board members of its findings and any actions taken. OBLIGATION TO COORDINATE WITH PROSECUTOR'S OFFICE The principal .goal of this Task Force. is the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the Task Force are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling Task Force generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings .and trials. Civil or administrative actions derived from Task Force operations are likewise to receive coordinated support efforts from Task Force members. The.Task Force supervisors shall monitor the efforts of Task Force members in support of criminal prosecutions, civil actions, administrative actions and forfeiture eases. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the Task Force to assure the expected level of support from Task Force members is occurring. Failure by a member of the Task Force to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the Task Force. COPY TO EACH PARTICIPATING TASK FORCE MEMBER When this Agreement is fully executed, a copy shall be provided to each Task Force member so that each member may be fully aware of the powers, .limitations, and expectations applicable to Task Force members and operations. ' TERNI OF AGREEMENT This Agreement shall be effective as to the executing Parties upon execution by the Florida Department of Law Enforcement and the Broward Sheriff',s Office and at least one other participating Agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. This Agreement shall remain in full force as to all participating Parties until January. i, 2001 unless otherwise terminated as provided herein. This Agreement may be terminated upon the consent of all participating Parties. Any Party may withdraw its individual participation upon notification to all participating Parties. This Agreement may be extended on a year-by year basis, subject to the continuation of all terms and limitations expressed herein, by the execution by participating Parties of written notification of extension of agreement. IN WITNESS WHEREOF, the Parties hereto sign on the date specified. For the Florida Department of Law Enforcement Date: For the City of Miami Police Department Approved as to form and legal sufficiency subject-to execution by the parties: BY: LYnn ¢~ch, General Counsel Date: ~ William E. O'Brien, Chief of Police ADDENDUM TO THE LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERA~ONAL TASK FORCE MEMORANDUM OF UNDERSTANDING THIS ADDENDUM to the agreement by and I~e_tween the below listed law enforcement agencies is made and entered into this ~-,~"~day of ~t~ , 2001. WlTNESSETH: WHEREAS, the below listed law enforcement agencies have entered into a Memorandum of Understanding 'and have joined together in a multi-agency task force intended to combat crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by o'r through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and WHEREAS, the Broward Sheriff's Office continues to be the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to further the multi,agency task force's purposes; and WHEREAS, the parties are desirous of extending the Agreement through July 1, 2002. THEREFORE, in consideration of the mutual terms and conditions herein, the below- listed law enforcement agencies agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference. 2. The term of this Agreement is extended through July 1, 2002. 3. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties execute' this Addendum on the date(s) set forth below: KENNETH C. JENNE, I! Ik'~nneth C. ,~nn~ !1, Sheriff Date: ~ - c~"-J -CD l Approved as to form and legal sufficiency subject to execution by the parties: and Delinquency Prevention Alabama Bureau of Investigation Phoenix Police Department Sacramento County Sheriff's Office San Diego Police Department Colorado Springs Police Department Connecticut State Police Broward County(FL) Sheriff's Office Hawaii Dept. of the Attorney General Illinois State Police Wichita Police Department Maryland State Police Mass. Dept. of Public Safety Michigan State Police St. Paul Police Department Nebraska State Police Las Vegas Metropolitan Police Dept. Portsmouth (NIt) Police Department New York State Police North Carolina Bureau of Investigation Cuyahoga County (OlD Prosecutor's Office Oklahoma State Bureau of Investigation Delaware County (PA) Criminal Investigation Division South Carolina Office of the Attorney General K~ozville Police Department ICAC TASK F 0 BCE PP OGRAM STANDARDS Utah Office of the Attorney General Bedford County (VA) Sheriff's Office Seattle Police Department Wisconsin Department of Justice Wyoming Division of Criminal Investigation OJJDP ICAC Task Force Program In September 1998, with ten awards to State and local law enforcement agencies across the nation, the Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. DO J, began a national program to counter the emerging threat of offenders using the Intemet or other online technology to sexually exploit children. Designed to encourage communities to adopt a multidisciplinary, multijurisdictional response to online enticement and child pomography cases, the Intemet Crimes Against Children (ICAC) Task Force Program ensures that participating State and local law enforcement agencies can acquire the necessary knowledge, equipment, and personnel resources to prevent, interdict, or investigate ICAC offenses. Under this program, ICAC Task Forces serve as regional sources of prevention, education, and investigative expertise to provide assistance to parents, teachers, law enforcement, and other professionals working on child victimization issues. Policing in Cyberspaee presents new and unique challenges for law enforcement. In Cyberspace, traditional boundaries are ignored and the usual constraints of time, place, and distance lose their controlling and limiting influence. Very few ICAC cases start and end within :the same jurisdiction and nearly all of these investigations involve multiple jurisdictions mad require extensive Inset maes not to scale {, \ ~ States with ICAC Task Force Unit I ,I O.I'JDP ICAC T~k Force Standards February, 2001 ICAC Task Force Units Alabama Bureau of Investigation Phoenix Police Department · Sacramento County Sheriffs Office San Diego Police Department Colorado Springs Police Department Connecticut State Potice Broward County (FL) Sheriff's Office Hawaii Dept. of the Attorney General Illinois State Police Wichita Police Department Ma~and State Police Mass. Dept. of Public Safety Michigan State Police St. Paul Police Depadment Nebraska State Police Las Vegas Metropolitan Police Dept. Portsmouth (NH) Police Department New York .State Police North Carolina Bureau of Investigation Cuyahoga County (OH) Prosecutor's Office Oklahoma State Bureau of Investigation Delaware County (PA) Criminal Investigation Division South Carolina Office of the Attorney General Knoxville Police Department Dallas Police Department Utah Office of the Attorney General Bedford County (VA) Sheriff's Office Seattle Police Department Wisconsin Department of Justice Wyoming Division of Criminal InVestigation Pegc 1 interagency communication. Much easier said than done, multiagency collaboration, in Cyberspace raises new issues of communication, standardization, and collaboration. Federal, State, and local law enforcement organizations have legitimate indeed understandable concern about initiating cases on information that may have been gathered through inappropriate conduct or investigative techniques by officers-of another agency. To answer these concems, OJJDP's ICAC Task Force Program is administered through a shared management system that melds a national perspective with the local values of participating communities. The Program is administered through the ICAC Task Force Review Board that is comprised of law enforcement managers and prosecutors from participating agencies. While primarily responsible for reviewing undercover operations for compliance with the ICAC Task Force standards, the Board plays a critical role in assessing the needs of the field and for formulating policy for the national program. OJJDP and the Board have established operational and investigative standards for the Program through a collaborative process with the ten original ICAC Task Force agencies and the FBI, U.S. Customs Service, U.S. Postal Inspection Service, Child Exploitation and Obscenity Section, and the National Center for Missing and Exploited Childrem These standards were designed to foster information sharing, coordinate investigations, avoid redundant or disruption of ongoing investigations, ensure the probative quality of undercover operations, and facilitate interagency case referrals through the standardization of investigative practices. It is OJJDP's belief that collaborative undercover operations, when properly executed and documented according to the ICAC Task Force Program standards, will collect virtually unassailable evidence, and, most important, allow law enforcement to bring a case before a suspect can viQ[imize a child. These Standards represent minimal standards for participation in this Program. OJJDP encourages law enforcement agencies to view these Standards only as a floor - not a ceiling - as they develop policies and procedures to respond to online enticement and child pornography cases in their communities. Except as otherwise provided by these Standards, existing participating law enforcement agency policies and procedures applicable to criminal investigations, including supervision, recordkeeping, and evidence handling procedures, shall apply to all cases developed by ICAC Task Forces. The standards of the Commission on Accreditation for Law Enforcement Agencies are a helpful reference. OJJDP ICAC Task Forc~ Standard~ February, 2001 Page ICAC Task Force Program . Operational and Investigative Standards DEFINTIONS As used herein, the following definition shall apply: "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention Program Manager. ,NCMEC" is the National Center for Missing and Exploited Children. "CEOS" is the Child Exploitation and Obscenity Section of the United States Attorney's Office, of the Department of Justice. "ICAC" is the Intemet Crimes Against Children program composed of the grantee agencies, both regional task forces and satellite task forces selected by OJJDP and NCMEC. "GRANTEE" is an agency that is recipient of an ICAC grant from OJJDP. "REGIONAL TASK FORCE" is defined as one of the thirty (30) ICAC law enforcement agencies that were selected to receive an OJJDP ICAC task force grant award prior to June 2000 and has voting fights on the ICAC Task Force Review Board. "SATELLITE TASK FORCE" is defined as one of the law enforcement ~gencies that were selected to receive an OJJDP grant to establish a satellite task force. The satellite task force has no voting rights on the ICAC Task Force Review Board. For the purposes of this program, crime is defined as any offense that involves the sexual exploitation of children facilitated by computer or online technology. Investigative interest is established when there is reasonable suspicion that a screen name or other potentially identifiable entity has committed a crime or that entity is engaged in a sequence of activities that is likely to result in the commission of a crime. A proactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive investigation involves the investigatiOn and prosecution of a knowm target(s) and where the need to proceed with the investigation is urgent. OJJDP ICAC Ta~k Forc~ S~adard~ February, 20oI Page Be e Reasonable suspicion is established when sufficient facts exist to lead a law enforcement officer to believe that an individua.. 1 or organization is involved in a definable criminal activity. An inveStigation is deemed to be urgent when there is a reasonable'belief that the target presents an imminent threat to the well being of potential victims. Case Management World. pace and Equipment ICAC Task Force computers and software shall be reserved for the exclusive use by agency designated ICAC Task Force personnel. When possible, undercover computers, software, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all software shall be properly acquired and licensed. Absent exigent or unforeseen circumstances, all ICAC online investigations shall be conducted in government workspace as designated by the agency. Exceptions must be approved in writing by a Task Force supervisor. Case Predication and Prioritization Cases may be initiated by referrals from the CyberTipline, Internet service providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. ICAC Task Force supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that detenm'nation should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The following prioritization scale was established by the ICAC Task Forces: a) A child is at immediate risk of victimization b) A child is vulnerable to victimization by a known offender c) A known suspect is aggressively soliciting a child(ren) d) Traders .of images that appear to be home photography with domiciled children e) Aggressive, high-volume child pornography traders who either are commercial distributors, repeat offenders, or specialize in sadistic images f) Traders and solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as a criminal conspiracy g) Traders in previously known images ' h) Traders in digitally altered images OJJDP ICAC Task Force Standards February, 2001 Page Ce Record Keeping ICAC Task Force units shall be subject to existing agency incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall.be assigned to each ICAC offense and subsequent reports related to the case filed 'under that identifier. Additionally, participating agencies will report program accomplishments using the ICAC Task Force Monthly Performance Measures Report. This report is due to OJJDP on the 10th of_every month and does not replace the semi-annual progress report required by the Office of Justice Program's Financial Guide. Undercover Investigations Carefully managed undercover operations conducted by well-mined officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to sexually exploit children. However, these investigations can trigger serious legal and ethical considerations because of concern that inappropriate government Conduct may induce an otherwise innocent citizen into committing a crime. All OJJDP-supported ICAC investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators shall avoid unlawful inducement of any individual not otherwise disposed to commit the offenses being investigated, and will not engage in conduct that is shocking or offensive to notions of fundamental fairness as described in applicable case law. See, for example, Jacobson v. U.S., 503 U.S. 540 (1992); U.S.v. Archer, 486 F.2d (2aa Cir. 1973). Officers should always be aware that their actions, in addition to those of the offender, might be at issue in deciding if charges are brought, whether referrals to other law enforcement agencies are acted upon, and in detennining the guilt or innocence of the offender at trial. Therefore, it is critical that ICAC Task Forces work closely with local prosecutors when investigating ICAC offenses. OJJDP ICAC Task Force Standards February, 2001 Page .5 ~-.6 Ee Accordingly, the following minimum standards apply to OJJDP,supported ICAC · investigations: OnlY sworn, on-duty ICAC Task Force personnel shall .conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to ' seek out investigatiVe targets, nor shall they be authorized to act as police agents in an online undercover capacity. ~ b) ICAC Task Force personnel shall not, under any circumstances, upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs of lax',, enforcement officers who have provided their informed written consent, no human images shall be uploaded, transmitted, or forwarded by ICAC Task Force personnel. d) Other than authorized above, images considered for uploading shall be approved by an ICAC Task Force supervisor and reviewed by a local prosecutor. Images uploaded for investigative purposes shall be nonhuman and encrypted/corrupted. Sexually suggestive titles shall not be used. e) During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image transfer shall be initiated by the target. Evidence Procedures All undercover online activity shall be recorded and documented. Any deq, iations fxom this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC Task Force supervisor. The storage, security, and destruction of investigative information shall be consistent with agency policy. At a minimum, information should be maintained in locked cabinets and under the control oflCAC Task Force personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. Task Force supervisors should ensure that qualified personnel conduct forensic examinations of computers and related evidence. II. Information Sharing Conventional boundaries are virtually meaningless in the electronic world of the Intemet and the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of ICAC Task Forces targeting one another, investigating the OJJDP ICAC T~sk Forc~ Standards February, 2001 Page ge same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, OJJDP requires that each ICAC Task Force contribute basic case information to a common database. The ICAC Task Force Information Sharing Working Group proposed an information sharing system that was approved by representatives from each of the Task Forces. The OJJDP Task Force Review Board reviewed, modified, and adopted the following information sharing system and procedures. ~ Each Task Force shall contribute basic and case update information on all cases (local, interstate, reactive and proactive) to the Child Pornography Pointer System (CPPS), maintained by the FBI Innocent Images Task Force. Basic case information shall include, but is not limited to: a) Submitting Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Brief synopsis of investigation f) Offender screen name(s) g) Identifiers CURL, FTP, newsgroup, IP Address) h) True name of suspect (if known) i) Other suspect information (if known) j) Undercover officer screen name(s) Case g) h) update information shall include, but is not limited to: Submitting Task Force Person submitting information Telephone number for verification purposes Date of submission Date investigation initiated Identity of subject(s), including address, date of birth, social security number, address (when available) Criminal proceedings (e.g., arrest, indictment, search warrant, conviction, etc.) Sentencing information (when available) Each ICAC Task Force shall designate a primary and secondary staff contact for the CPPS. Contact will be made by telephone and/or the information can be forwarded to CPPS using the data form. CPPS staffwill verify each caller's identity through a return telephone call to the Task Force. Once dial-up access capability is achieved, ICAC Task Forces shall us,e a stand-alone computer to access CPPS. OJ. IDP IOA(2 Task Force Standards Fcbrtla=ry, 2001 Page Prior to opening an active investigation, each ICAC Task Force shall query CPPS once they have established an investigative interest. For the purposes of the ICAC Task Force Program, an investigative interest is established when there is reasonable suspicion that a crime has occurred or there is a reason to believe that a screen name or other potentially identifiable entity has engaged in a sequence of activities that is likely to lead to the sexual exploitation of a child. Assuming no other active investigations are discovered and that reasonable stlspicion is present to initiate an investigation, the agency will submit case information to CPPS, including an indication that there is no known related investigation underway. Each Task Force should submit this information within 24 hours of initiating the case or as soon thereafter is possible. If any duplication is found, the initiating Task Force is responsible for contacting the other law enforcement agency. CPPS personnel are not responsible for notifying the parties of duplication beyond alerting the initiating Task Force to the potential conflict. Additionally, initiating ICAC Task Forces should also consider contacting the U.S. Customs Cyber Smuggling Center (703/293-8005) to ensure there is no duplication with regard to their ongoing investigations. Similarly, once an offender has been identified and associated with. a known address, contact should be made with the U.S. Postal Inspector responsible for child sexual exploitation offenses where the offender resides. III. 1. Supervision Existing agency supervisory systems and procedures shall apply, with Sl~cific emphasis on observation, documentation, and periodic evaluation of cases assigned to undercover · investigators. Written directives should refiect the principles of qua!ity case management and ensure that ICAC Task Force activities comply with both agency and ICAC Task Force Standards. At a minimum, management or supervisory policies and practices shall include: a) review of daily ICAC Task Force investigative reports; b) periodic review of undercover session recordings; c) direct participation in formulating ICAC Task Force investigative plans and establishing investigative priorities; d) development of work schedules, including approval of specific overtime expenditures; e) assessment of equipment and training ne, e~; and f) review and approval of any ICAC Task Force fiscal matters. OSJDP IC~AC Tnek Force Standards February, 2001 Page IV. 1. Selection of ICAC Task Force Personnel While existing agency personnel procedures apply, managers and supervisors should evaluate prospective [CAC Task Force candidates for work history that indicates prior investigative experience, court testimony skills, ability to handle sensitive information 'prUdently, and a genuine interest in the protection of children. ~ Once assigned, agencies should ensure that ICAC Task Force investigators are computer literate,-knowledgeable regarding child exploitation issues, and familiar with Federal and State statutory and case laW pertaining to ICAC investigations. V® o Prevention and Education Activities Prevention education activities are a critical component of the OJJDP ICAC Task Force Program. OJJDP encourages ICAC Task Forces lead prevention programs to foster awareness and Provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned'about child safety issues. Presentations to school staff, parents, and community groups are excellent ways to promote awareness. However, these presentations shall not depict identifiable victims nor shall they use pornographic or sexUally explicit images. Presenters shall not discuss investigative techniques. OJJDP also encourages ICAC Task Forces to contact the Exploited Child Unit of the National Center for Missing and Exploited Children (NCMEC) at 800/843-5678 or exploited~ncmec, org for information on developing and delivering awareness and safety education programs. Vie Media Relations and Releases Copies of media releases related to this initiative should be forwarded to the OJJDP ICAC Program Manager. Copies of radio or video segments and press clippings will be used to promote and sustain public support for ICAC activities and circulated within the Review Board. Media releases relating to prosecutions, crime alerts or other matters concerning ICAC Task Force operations shall not include information regarding specific investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in' the investigation consistent with sound information management and media relations practices. In each case, copies should be provided to OJJDP in a timely manner. Specific OJJDP ICAC Task Force Standard~ February, 2001 P~e9 VII. 1. investigative techniques shall not be discussed in media releases. ICAC Task Force Review Board There shall be an ICAC Task Force Review Board (Board) composed of one law enforcement executive or prosecutor from each Task Force. The Board's primary responsibility will be to review proposed undercover operations for compliance with these Standards. Additional Board responsibilities are to formulate policy ~ recommendations, encourage case coordination, and facilitate information sharing on trends, investigative techniques, and prosecution strategies. The Child ExPloitation and Obscenity Section of the U.S. Department of Justice will serve as the Board's legal advisor. The FBI, U.S. Customs Service, U.S. Postal Inspection Service, and NCMEC will provide technical advice. Each regional Task Force shall designate a representative and an alternate to the Board. The individual Task Force may change named parties with notice. The Board shall meet quarterly, at such times and locations as designated by OJJDP. Board memberS shall elect a Chair and Vice Chair who shall conduct Board meetings and coordinate Board activities with OJJDP. OJJDP will be responsible for logistical arrangements relative to agendas and meetings. Effective with the issuance of this policy statement, Task Forces shall operate all undercover operations, ongoing or new, in accordance with the policies and procedures described in this document. Each Task Force shall submit a brief report to the Board that lists all current undercover operations. Regional and satellite Task Forces shall submit ail proposed proactive undercover operations to the Board for review. To be eligible for Board review, proposals shall be submitted to OJJDP at least 21 days in advance of the meeting, and be signed by the Project Director and State or County prosecutor indicating prosecutorial support and that the proposed activities comply with existing State law. Proposals should be submitted using the following format and include the following information: a) goals and objectives of the undercover operation; b) perSonnel assigned and/or responsible for investigation; c) duration of operation, i.e., projected start and stop dates; d) offenses targeted for investigation; e) investigative targets and limitations on government contact; f) undercover operation scenario and techniques (language for contact letters and advertisements must be included with proposal); and g) liaison and/or case referral procedures with Federal law enforcement agencies (include the names of Federal agents when known). OJJDP IGAC Task Fore~ Standard~ February, 2001 ~'aze I 0 A-11 10. Support or nonsupport for propo,sed investigations shall be determined by a simple majority of Board members. Board members may not vote on proposals from their agency. Following due consideration at a meeting of the Board, the Chair shall recommend to OJJDP approval of those investigative proposals that are consistent with the prinbiples of this program, and which are both feasible and worthy of support. The Board, at its discretion, may suggest amendments to the original proposal following consultation with the presenting agency. Notice of the approval or disapproval of investigative proposals from satellite task forces will be communicated to the satellite task force representatives by the Board Chair. A Task Force may apply for provisional approval directly to CEOS/OJJDP when the circumstances are not urgent, but there is a timely need to proceed before the next Board meeting. If the proposal is provisionally approved the requesting Task Force remains responsible for forwarding a complete proposal to the next meeting of the Board. Board recommendations for an investigation are subject to approval by OJJDP. Decisions by OJJDP shall be final. Definitions: Inquiries regarding interpretation of this policy or any other matters regarding the ICAC Task Force Program may be directed to Michael Medaris, Senior Program Manager, Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice at (202) 616-8937 or by cmail medarism~ojp.usdoj.gov. OJJDP ICAC Tazk Forc~ Standards February, 2001 Page 11 A-12 IEffective Date: 3/08/02 Subject Page Definitions 1 ofl As used herein, the following definition shall apply: "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention. "NCMEC" is the National Center for Missing and Exploited Children. "CEOS". is the Child ExPloitation and ObScenity Section of the United States Attorney's Office, of the Department of Justice. "ICAC" is the Internet Crimes Against Children prograrn composed of Regional Task Forces and Sateilites. "REGIONAL TASK FOR©E" is defined as an IcAc law enforcement agency designated by O J J-DP to act ~ts a Regional Task Force. "SATELLITE" is defined as a law enforcement agency that was selected to receive an OJJDP grant to establish a satellite program. For the purposes of this program, crime is defined as any offense that involves the exploitation of children facilitated by technology. Investigative interest is established when there is reasonable suspicion that a screen name or other potentially identifiable entity has committed a crime or that entity is engaged in a sequence of activities that is likely to result in the commission of a crime. Aproactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive investigation involves the investigation of a complaint of a crime. Reasonable suspicion is established when sufficient facts exist to lead a law enforcement officer to believe that an individual or organization is involved in a definable criminal activity. Effective Date: 3/08/02 ICA C Program Operational and Investigative Standards Subject: Workspace and Equipment Page 1 of 1 CaSe Management Workspace and Equipment ICAC computers and software shall be reserved for the exclusive use by agency designated ICAC personnel. When possible, undercover comPuters, sol/ware, and Online accounts shall be purchased covertly. No personally owned equiPmem shall be used in ICAC investigations and all Sofkvare shall be properlY acqUired and licensed. ICAC personnel shall not use ICAC computers, software or online accounts for personal use. Absent exigent or unforeseen circumstances, all ICAC online investigations shall: be conducted in government workspace as designated by the agency. Exceptions must be approved in advance bY an ICAC supervisor. IC,,1 C Program Operational and Investigative Standards -2- Effective Date: ,Subject: 3/08/02 Case Predication and Prioriti?~fion Case Management I Page 1 of 1 B. Case PrediCation and Prioritization Cases may be initiated by referrals from the CyberTipline, Intemet service providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. ICAC supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that determination should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The following prioritization scale shall be considered: a) A c~'ld is at immediate risk of victimization b) A child is vulnerable to victimization by a known offender c) A known suspect is aggressively soliciting a child(ren) d) Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children e) Aggressive, high-volume child pornography manufacturers or distributors who either are commercial distributors, repeat offenders, or specialize in sadistic images f) Manufacturers, distributors and solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as a criminal conspiracy g) Distributors, solicitors and possessors of images of child pornography h) Any other form of child victimization. IC,4C Program Operational and Investigative Standards Effective Date: 3/08/02 P~ae I of 1 Case Management C. Record Keeping ICAC units shall be subject to existing agency incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each ICAC case. Participating agencies will report program accomplishments using the ICAC Monthly Performance Measures Report. This report is due to the ICAC Coordinator on the 10t~ of every month and does not replace the semi-annual progress report required by the OffiCe of Justice Program's Financial Guide. IC~I C Program Operational and Investigative Standards -4- Effective Date: 3/08/02 Subject: Undercover Investigations Case Management I Page 1 of 1 Undercover Investigations Carefully managed undercover operations conducted by well-trained officers are among the most-effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to exploit children. Investigators will be supplied with appropriate training and receive a copy of the ICAC Operational and Investigative Standards ICAC investigati.ons shall be conducted'in a manner consistent with the principles of law. hnd due process. See, for example, Jacobson v. U.S., 503 U.S. 540 (1992); U.S.v. Archer, 486 F.2d (2na Cir. 1973); U.S.v. Gamache 156 F. 3d 1 '(1st Cir. 1998); U.S.v. Poehlman 217 F. 3d 692 (9th Cir. 2000). ICAC investigators are encouraged to work in conjunction with their local prosecutors. The following minimum standards apply to ICAC investigations: a) Only swom, on-duty ICAC personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigative targets, nor shall they be authorized to act as police agents in an online undercover capacity. b) ICAC personnel shall not, electronically upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs of law enforcement officers who have provided their informed written consent, no actual human images shall be uploaded, transmitted, or forwarded by ICAC personnel. d) During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image transfer shall be initiated by the target. e) Undercover online activity shall be recorded and documented. Any departures from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC supervisor. I Subject: Effective Date: 3/08/02 I Evidence Procedures. I Page 1 of 1 IC,4 C Program Operational and Investigative Standards Case Max!agement Evidence Procedures The storage, sccurity, and {icstruction of investigative information shall be consistent with agency policy. Access to these files should be restricted to authorized personnel. , ICAC supervisors should ensure that qualified personnel conduct forensic examinations of computers and related evidence. a. Child pornography is contraband and should be maintained pursuant to each agency's policies regarding such. Absent a court order specifically ordering otherwise, evidence containing child pornography shall not be released to any defendant or representative thereof. b. When.providing evidence containing child pornography to another law enforc/'~ment agency, such evidence must be hand-delivered, digitally protected or sent via a delivery service which tracks the shipment. IC, q C Program Operational and Investigative Standards Effective Date: 3/08/02 Subject: Information Sharing I Page 1 of 1 Conventional boundaries are virtually meaningless in the electronic world of the Internet and the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility.oflCAC agencies targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, each ICAC agency must contribute basic case information to a common database. Each ICAC agency shall contribute case information on all active investigations (local, interstate, reactive and proactive) to a common database as designated by the ICAC Board of Directors. This information should be submitted at the earliest practical opportunity. If any common target is identified, the initiating ICAC agency is responsible for contacting the ottfer law enforcement agency targeting the suspect. Initiating ICAC agencies should also consider contacting other local, state, and federal agencies which may be involved in sknilar investigations. ICA C Program Operational and Investigative Standards -7- tEffective Date: Subject: 3~08/02 Page 1 of 1 Supervision Each ICAC agency shall have supervisory systems and procedures, which shall provide for observation, documentation, and periodic review of ICAC activity. Such system should comply with the principles of quality case management and ensure that ICAC activities comply with both agency and ICAC Standards. ICAC agencies may submit any proposed operations to the Board for review. To assist the Board in its review, the proposals shall be submitted to the Board Coordinator at least 21 days in advance of the next regularly scheduled meeting. Proposals should be submitted using the following format and include the following information: a) goals and objectives of the operation; b) personnel assigned and/or responsible for investigation; c) duration of operation, i.e., projected start and stop dates; d) offenses targeted for.investigation; e) investigative targets and limitation on government contact; f) operation scenario and techniques (language for contact letters and advertisements must be included with proposal); g) liaison and/or case referral procedures with Federal law enforcement agencies (include the names of Federal agents when known) and; h) other relevant information The Board, at its discretion, may suggest amendments to the original proposal following consultation with the presenting agency. Notice of the results of the review of investigative proposals from satellites will be communicated to the satellite representatives by the Board Chair. The ICAC submitting the proposal for review may seek the support of the Board. IC~4 C Program Operational and Investigative Standards -8- IEffective Date: 3/08/02 I Subject: I Page 1 of 1 Selection of ICAC Task Force Personnel Managers and supervisors should evaluate prospective ICAC candidates for work history that indicates prior investigative experience, court testimony skills, ability to handle sensitive information Prudently, and a genuine interest in the protection of children. ICA C Program Operational and Investigative Standards tSubject: I [ Page 1 of 1 Media Relations and Releases Media releases relating to prosecutions, crime alerts or other matters concerning ICAC operations' shall not include information regarding confidential investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law . enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relations practices. IC/I C Program Operational and Investigative Standards -11- LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING FOR THE CITY OF BOYNTON BEACH ~RALD ~ROENING, MAYOR APPROVED AS TO FORM: /f - ~..--C!TY ATTORNEY'