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 HCSO will be responsible and bear the costs of participating HCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating 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 HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. 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), which will assist HCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by law. The 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 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 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 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 HCSO personnel under this MOA are undertaken under Federal authority, the participating 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 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA 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, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Xxxxxxx County Sheriff's Office The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO BCSO will be responsible and bear the costs of participating HCSO BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO BCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO BCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO 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 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), which will assist HCSO BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO BCSO personnel only to the extent authorized by law. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO BCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO Xxxxxx County Sheriff's Office will be responsible and bear the costs of participating HCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating 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. HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1I) the requesting individual was acting within the scope of hisofhis/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Xxxxxx County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating 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 HCSO Xxxxxx County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any 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 HCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The HCSO Xxxxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted 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 HCSO SCSO will be responsible and bear the costs of participating HCSO 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 HCSO personnel will be treated as Federal employees only for purposes of ParticipatingeSCSOepersonnelewillebeetreatedeaseFederaleemployeeseonlyeforepurposeseof the Federal Tort FederaleTort Claims Act, 28 U.S.C. 28eU.S.C. §§ 1346(b)(1e1346(b)(l), 2671-2680, and worker’s compensation worker'secompensation claims, 5 U.S.C. § 8101 U.S.C.e§ 810eI et seq., when performing a function on behalf of ICE onebehalfofICE as authorized by this byethis MOA. See 8 U.S.C. § U.S.C.e§ 1357(g)(7); 28 U.S.C. § 2671. In additionU.S.C.e§ 2671.eIneaddition, it is the isethe understanding of the parties to this MOA that participating HCSO personnel will enjoy MOAethateparticipating SCSO personnelewilleenjoy the same defenses and immunities from personal liability for their inandeimmunitiesefrom personaleliabilityeforetheirein-scope acts that are available to ICE officers based on actions scopeeactsethateareeavailableetoeICEeofficersebasedeoneactions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8§e1357(g)(8). Participating HCSO 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. HCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel ofethe ChiefCounsel at 000 Xxxxxx XxxxxxX. Xxx Xxxxx Street, Xxxxx 000Suite 701, XxxxxxxChicago, XX 00000IL 60607. The Office of the ofthe Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of hisofhis/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the ofthe United States, to the Director of the ofthe Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice ofJustice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate mayeresultein revocationeof sucheindividual'seauthorityeprovidedeunderethiseMOA.eTheeSCSO agreesetoecooperateewitheFederalepersonneleconductingereviewsetoeensureecomplianceewithethe termseofethiseMOAeandetoeprovideeaccessetoeappropriate databases, personnel, and documents ,epersonnel,eandedocuments necessary to complete toecomplete such compliance review. It is understood that information iseunderstood thateinformation provided by any HCSO 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 HCSO personnel under this MOA are undertaken under Federal authority, the participating 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 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.APPENDIX A

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO Franklin County Sheriffs Office will be responsible and bear the costs of participating HCSO FCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO FCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO FCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO FCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO MCSO will be responsible and bear the costs of participating HCSO MCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO MCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO MCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO 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 00000, Xxxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO MCSO personnel only to the extent authorized by law. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO MCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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)(7l 357(g)(7) and (8), the HCSO Okeechobee County Sheriff's Office will be responsible and bear the costs of participating HCSO OCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO OCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE ofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to 'f this MOA that participating HCSO OCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. lJ.S.C. § 1357(g)(8l 357(g)(8). Participating HCSO OCSO personnel named as personal-capacity defendants in litigation arising from activities carried CatTied out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, . such requests must be made in writing. HCSO OCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel. 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. I00. Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO OCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, . it will forward the request for representation, . any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(gl 357(g); and, 2) such representation would be in the interest of the United States, . to the Director of the Constitutional and Specialized Tort Litigation Section, . Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; 00.J it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Okeechobee County Sheriff' s Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, . personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating HCSO OCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The HCSO Okeechobee County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, . personncL and documents necessary to complete such compliance review. It is understood that information infonnation provided by any HCSO OCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, . consistent with Xxxxxxx v. Ciarrily \'. New Jersey, . 000 X.X. 000 (( 1967), . and its progeny. As the activities of participating HCSO pa11icipating OCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO OCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx XxxxxxUniled Stales, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal crimina) case or investigation. The HCSO Okeechobee County Sherifrs Office and ICE are each responsible responsib)e for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related re)ated system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO Xxxxxx County Sheriffs Office will be responsible and bear the costs of participating HCSO TCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO TCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO TCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO TCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F .R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO TCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO LCSO will be responsible and bear the costs of participating HCSO LCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO LCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 Xxxxxx Xxxxxx, X. Xxx Xxxxx 000, XxxxxxxXxxx. Xxx Xxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO LCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO LCSO personnel only to the extent authorized by law. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA 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 Xxx Xxxxxx Drive SW, which Suite 332, Atlanta, GA 30303. OPLA, through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. York County Sheriff's Office The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO Suwannee County Sheriffs Office will be responsible and bear the costs of participating HCSO SCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO SCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO SCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA 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, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Lavaca County Sheriff's Office The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO theWakulla County Sherifrs Office will be responsible and bear the costs of participating HCSO WCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO personnel WCSO persoMel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating HCSO WCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO WCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO WCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO WCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1I) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Wakulla County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing P.roviding access to appropriate databases, personnel, individuals in custody custodr and documents. Failure Fmlure to do so may result in the termination tennination of this MOA. Failure of any ofany participating HCSO WCSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The HCSO Wakulla County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance comphance with the terms tenns of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is 1s understood that information infonnation provided by any HCSO WCSO personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 38S U.S. 493 (1967), and its progeny. As the activities of participating HCSO WCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO WCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx XxxxxxUnited Stales, 000 X.X. 000 40S U.S. 150 (1972), and its progeny, which govern the disclosure of potential impeachment information infonnation about possible witnesses or affiants in a criminal case or investigation. The HCSO Wakulla County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552aS52a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information infonnation under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(713S7(g)(7) and (8), the HCSO Xxxxxxxx County Sheriff's Office will be responsible and bear the costs of participating HCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. 50.1S. Absent exceptional circumstances, such requests must be made in writing. HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department ofHomeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Xxxxxxxx County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination tennination of this MOA. Failure of any participating 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 HCSO Xxxxxxxx County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any 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 HCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The HCSO Xxxxxxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. U .S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO Sumter County Sheriffs Office will be responsible and bear the costs of participating HCSO SCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO SCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating HCSO SCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Sutmer County Sheriffs Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating HCSO 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 HCSO Sumter County Sheriffs Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any HCSO 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 HCSO SCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO Sumter County Sheriffs Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS DRS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO Nassau County Sheriffs Office will be responsible and bear the costs of participating HCSO NCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO NCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO NCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO NCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO NCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA 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, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Xxxxxxxx County Sheriff's Office The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO Santa Xxxx County Sheriff's Office will be responsible and bear the costs of participating HCSO SRSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO SRSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE behalfofICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating HCSO SRSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO SRSO personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. C.F.R § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO SRSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO SRSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJdiscretionofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Santa Xxxx County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating HCSO SRSO employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The HCSO Santa Xxxx County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and an.d to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any HCSO SRSO personnel under threat of disciplinary disciplinacy action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating HCSO SRSO personnel under this MOA are undertaken under Federal authority, the participating HCSO SRSO personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The HCSO Santa Xxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. C.F.R §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO Pinellas County Sheriffs Office will be responsible and bear the costs of participating HCSO OCCD personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO OCCD personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating HCSO OCCD personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO OCCD personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO OCCD personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO OCCD personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ)}. Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Osceola County Corrections Department agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating HCSO OCCD employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s 's authority provided under this MOA. The HCSO Osceola County Corrections Department agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any HCSO OCCD personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating HCSO OCCD personnel under this MOA are undertaken under Federal authority, the participating HCSO OCCD personnel will comply with Federal standards and guidelines relating to the Supreme Court’s 's decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The HCSO Osceola County Corrections Department and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO JCSO will be responsible and bear the costs of participating HCSO JCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO JCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO JCSO personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO JCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 Xxxxxx XxxxxxXxxxxxxxxx Xxxxx, Xxxxx 000Xxxx 0000, Xxxxxxx, XX 0000000000 / PD-HOU- XXX.XXXX@xxx.xxx.xxx. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO JCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO JCSO personnel only to the extent authorized by law. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO JCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel Principal Legal Advisor (OPLA) field location at 000 0000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Xxxxxx County Sheriff's Office The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO Xxxxxx County Sheriffs Office will be responsible and bear the costs of participating HCSO PCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO PCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO PCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO PCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO PCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO Lake County Sheriffs Office will be responsible and bear the costs of participating HCSO LCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO LCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA 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, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO Bradford County Sheriffs Office will be responsible and bear the costs of participating HCSO BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO BCSO personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(11346(b)(l), 2671-2680, and worker’s 's compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating HCSO BCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Bradford County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of any participating HCSO 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 HCSO Bradford County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any HCSO 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 HCSO BCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO Bradford County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA 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 0000 Xxxxxx Xx. Suite 100, which Orlando, FL 32803. OPLA, through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Pasco Sheriff's Office The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO BCSO will be responsible and bear the costs of participating HCSO BCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO BCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO BCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO BCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO BCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO DeSoto County Sheriffs Office will be responsible and bear the costs of participating HCSO DCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO DCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO DCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO DCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO DCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO Highlands County Sheriffs Office will be responsible and bear the costs of participating HCSO personnel with regard to their property or personal expenses incurred by reason of death, injuryinju1y, or incidents giving rise to liability. Participating 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 HCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating 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. HCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 Xxxxxx XxxxxxU.S. Department of Homeland Security, Xxxxx Orlando Office of Chief Counsel, 0X00 Xx\\-00x Xx., Xxx. 000, Xxxxxxx, XX 0000000000 (Phone: 000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO personnel with the request for representation, including the appropriate approp,iate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g13S7(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 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 HCSO 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 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 HCSO personnel under this MOA are undertaken under Federal authority, the participating 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 HCSO 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel performing a function on behalf of ICE as authorized by this MOA will enjoy the same defenses be considered acting under color of Federal authority for purposes of determining liability and immunities immunity from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOAsuit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA 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, which Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g)) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. Galveston County Sheriff's Office The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA personnel under this MOA are undertaken under derive from Federal authority, the participating HCSO 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 HCSO 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 HCSO FCSO will be responsible and bear the costs of participating HCSO FCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO FCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO FCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 Xxxxxx XxxxxxX. Xxx Xxxxx Street, Xxxxx 000Suite 701, XxxxxxxChicago, XX 00000IL 60607. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO FCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO FCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO Xxxxxx County Sheriff's Office will be responsible and bear the costs of participating HCSO MCSO personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO MCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO Xxxxxx County Sheriff's Office agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documentsdocwnents. Failure to do so may result in the termination of this MOA. Failure of any participating HCSO 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 HCSO Xxxxxx County Sheriff's Office agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents docwnents necessary to complete such compliance review. It is understood that information provided by any HCSO 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 HCSO MCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO Xxxxxx County Sheriff's Office and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS OHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA.

Liability and Responsibility. Except as otherwise noted 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 HCSO SCSO will be responsible and bear the costs of participating HCSO 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 HCSO personnel will be treated as Federal employees only for purposes of ParticipatingeSCSOepersonnelewillebeetreatedeasetfederaleemployeeseonlyeforepurposeseof the Federal Tort FederaleTort Claims Act, 28 U.S.C. 28eU.S.C. §§ 1346(b)(1e1346(b)(l), 2671-2680, and worker’s compensation worker'secompensation claims, 5 U.S.C. § 8101 U.S.C.e§ 810eI et seq., when performing a function on behalf of ICE onebehalfofICE as authorized by this byethis MOA. See 8 U.S.C. § U.S.C.e§ 1357(g)(7); 28 U.S.C. § 2671. In additionU.S.C.e§ 2671.eIneaddition, it is the isethe understanding of the parties to this MOA that participating HCSO personnel will enjoy MOAethateparticipating SCSO personnelewilleenjoy the same defenses and immunities from personal liability for their inandeimmunitiesefrom personaleliabilityeforetheirein-scope acts that are available to ICE officers based on actions scopeeactsethateareeavailableetoeICEeofficersebasedeoneactions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8§e1357(g)(8). Participating HCSO 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. HCSO SCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel ofethe ChiefCounsel at 000 Xxxxxx XxxxxxX. Xxx Xxxxx Street, Xxxxx 000Suite 701, XxxxxxxChicago, XX 00000IL 60607. The Office of the ofthe Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO SCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of hisofhis/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the ofthe United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.tf.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO personnel under this MOA are undertaken under Federal authority, the participating 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 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.APPENDIX A

Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the HCSO LEA INITIALS will be responsible and bear the costs of participating HCSO LEA INITIALS personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA INITIALS personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO LEA INITIALS personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. HCSO LEA INITIALS 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 00000OCC ADDRESS. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO LEA INITIALS personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO LEA INITIALS personnel only to the extent authorized by law. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO LEA INITIALS personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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 HCSO LEA will be responsible and bear the costs of participating HCSO LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating HCSO 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 HCSO LEA personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 0000 Xxxxx Xxxxxx XxxxxxXxxx Drive, Xxxxx 000West Valley, Xxxxxxx, XX 00000UT 84119. The Office of the Chief Counsel in turn will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO personnel under this MOA are undertaken under Federal authority, the participating 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 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 HCSO Monroe County Sheriff's Office will be responsible and bear the costs of participating HCSO 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 HCSO 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 HCSO MCSO personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating HCSO 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. HCSO MCSO personnel who wish to submit a request for representation shall notify the local ICE Office of the Chief Counsel at 000 U.S. Department of Homeland Security, Orlando Office of Chief Counsel, 0000 Xxxxxx XxxxxxXx., Xxxxx Ste. 100, Orlando, FL 32803 (Phone: 000, Xxxxxxx, XX 00000-000-0000). The Office of the Chief Counsel in turn tum will notify the ICE Headquarters Office of the Principal Legal Advisor (OPLA), which will assist HCSO MCSO personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g); and, 2) such representation would be in the interest of the o f t he United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJofDOJ; it is not an entitlement. Subject to DHS Policy, ICE may defend or indemnify acts of intentional misconduct on the part of the participating HCSO personnel only to the extent authorized by lawSee 28 C.F.R. § 50.15. The HCSO 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 HCSO 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 HCSO 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 HCSO 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 HCSO MCSO personnel under this MOA are undertaken under Federal authority, the participating HCSO 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 HCSO 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.