Common use of Liability and Responsibility Clause in Contracts

Liability and Responsibility. If any participating AGENCY personnel are the subject of a complaint of any sort that may result in that individual receiving employer discipline or becoming the subject of a criminal investigation or civil lawsuit, the AGENCY shall, to the extent allowed by State law, immediately notify the local point of contact for the ICE Office of Professional Responsibility (OPR) and the SAC/FOD of the existence and nature of the complaint. The resolution of the complaint shall also be promptly reported to ICE. Complaints regarding the exercise of immigration enforcement authority, as specified herein, by participating AGENCY personnel shall be handled as described below. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by Participating AGENCY personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 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. 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. It is the understanding of the parties to this MOA that participating AGENCY personnel will enjoy the same defenses and immunities for their in-scope acts that are available to ICE officers from personal liability arising from tort lawsuits based on actions conducted in compliance with this MOA. 8 U.S.C. § 1357(g)(8). Participating AGENCY personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. Such requests must be made in writing directed to the Attorney General of the United States, and will be handled in coordination with the SAC and/or the FOD in JURISDICTION. Requests should be in the form of a written memorandum prepared by the defendant addressing each and every allegation in the complaint, explaining as well as admitting or denying each allegation against the defendant. Requests for representation must be presented to the ICE Office of the Chief Counsel at the ADDRESS. Any request for representation and related correspondence must be clearly marked “Subject to Attorney-Client Privilege.” The Office of the Chief Counsel will forward the individual’s request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit, to the ICE Headquarters Office of the Principal Legal Advisor, which will forward the request, the factual memorandum, and an advisory statement opining whether such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Torts Staff, Civil Division, Department of Justice. ICE will not be liable for defending or indemnifying acts of intentional misconduct on the part of participating AGENCY personnel. The AGENCY 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, and documents. Failure to do so may result in the termination of this MOA. Failure of an officer to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The AGENCY 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 AGENCY 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 AGENCY personnel under this MOA are undertaken under Federal authority, the participating AGENCY 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 relates to the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The AGENCY and ICE are each responsible for compliance with the Privacy Act of 1974, as applicable, and related system of records notices with regard to data collection and use of information under this MOA. The applicable Systems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, 00 XX 00000, dated March 20, 2006.

Liability and Responsibility. If any participating AGENCY personnel are the subject of a complaint of any sort that may result in that individual receiving employer discipline or becoming the subject of a criminal investigation or civil lawsuit, the AGENCY shall, to the extent allowed by State law, immediately notify the local point of contact for the ICE Office of Professional Responsibility (OPR) and the SAC/FOD of the existence and nature of the complaint. The resolution of the complaint shall also be promptly reported to ICE. Complaints regarding the exercise of immigration enforcement authority, as specified herein, by participating AGENCY personnel shall be handled as described below. 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 PCSD will be responsible and bear the costs of participating PCSD personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating AGENCY PCSD personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. It In addition, it is the understanding of the parties to this MOA that participating AGENCY PCSD personnel will enjoy the same defenses and immunities from personal liability for their in-scope acts that are available to ICE officers from personal liability arising from tort lawsuits based on actions conducted in compliance with this MOA. See 8 U.S.C. § 1357(g)(8). Participating AGENCY PCSD personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. Such See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing directed writing. PCSD personnel who wish to the Attorney General of the United States, and will be handled in coordination with the SAC and/or the FOD in JURISDICTION. Requests should be in the form of submit a written memorandum prepared by the defendant addressing each and every allegation in the complaint, explaining as well as admitting or denying each allegation against the defendant. Requests request for representation must be presented to shall notify the local ICE Office of the Chief Counsel at the ADDRESSXXX Xxxxxxx Xxxxxxxx, Xxxx 000 Xxxxxx, XX 00000. Any request for representation and related correspondence must be clearly marked “Subject to Attorney-Client Privilege.” The Office of the Chief Counsel in turn will forward the individual’s request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit, to notify the ICE Headquarters Office of the Principal Legal AdvisorAdvisor (OPLA), which will assist PCSD personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the requestrequest for representation, the factual memorandumany supporting documentation, and an advisory statement opining whether 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 Torts StaffTort Litigation Section, Civil Division, Department of JusticeJustice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. Subject to DHS Policy, ICE will not be liable for defending may defend or indemnifying indemnify acts of intentional misconduct on the part of the participating AGENCY personnelPCSD personnel only to the extent authorized by law. The AGENCY PCSD agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termination of this MOA. Failure of an officer any participating PCSD employee to cooperate in any Federal investigation related to this MOA may result in revocation of such individual’s authority provided under this MOA. The AGENCY PCSD agrees to cooperate with Federal personnel conducting reviews to ensure compliance with the terms of this MOA and to provide access to appropriate databases, personnel, and documents necessary to complete such compliance review. It is understood that information provided by any AGENCY PCSD personnel under threat of disciplinary action in an administrative investigation cannot be used against that individual in subsequent criminal proceedings, consistent with Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), and its progeny. As the activities of participating AGENCY PCSD personnel under this MOA are undertaken under Federal authority, the participating AGENCY PCSD personnel will comply with Federal standards and guidelines relating to the Supreme Court’s decision in Xxxxxx v. Xxxxxx Xxxxxx, 000 X.X. 000 (1972), and its progeny, which relates to govern the disclosure of potential impeachment information about possible witnesses or affiants in a criminal case or investigation. The AGENCY PCSD and ICE are each responsible for compliance with the Privacy Act of 1974, 5 U.S.C. §552a, DHS Privacy Act regulations, 6 C.F.R. §§ 5.20-5.36, as applicable, and related system of records notices with regard to data collection and use of information under this MOA. The applicable Systems of Record Notice for privacy compliance is the ENFORCE Systems of Records Notice, 00 XX 00000, dated March 20, 2006.