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Agenda - 01-23-2007-6c
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Agenda - 01-23-2007-6c
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Last modified
9/2/2008 12:18:08 AM
Creation date
8/28/2008 11:13:56 AM
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BOCC
Date
1/23/2007
Document Type
Agenda
Agenda Item
6c
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Minutes - 20070123
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
RES-2007-008 Opposition to a Memorandum of Understanding with Immigration & Customs Enforcement Local Law Enforcement to Enforce Civil Immigration Laws
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
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IQ <br />year from the date of the authorization. ICE will also provide a copy of the authorization to <br />MCSO. The activities of all Participating MCSO Personnel with regard to ICE functions will be <br />evaluated by the ICE Immigration Enforcement Agents as addressed in Section IX below. <br />Authorization of any Participating MCSO Personnel to act pursuant to this MOU may be revoked <br />at any time by ICE or MCSO. Such revocation will require immediate notification by the <br />revoking parry to ICE or MCSO, as the situation requires. The Sheriff of MCSO or his Deputy <br />Chief and the ICE Special Agent in Charge in Atlanta, Georgia or the Assistant Special Agent in <br />Charge in Charlotte, North Carolina will be responsible for notification of the appropriate <br />personnel in their respective agencies. If one of the Participating MCSO Personnel is the subject <br />of a complaint of any sort that may result in that individual receiving employer discipline of <br />anything other than of a de minimus nature or becoming the subject of a criminal investigation, <br />MCSO shall, to the extent allowed by state law, immediately notify ICE of the complaint. If <br />perinitted by state law, the resolution of the complaint shall be promptly reported to ICE. <br />Complaints regarding exercise of immigration enforcement authority by any Participating MCSO <br />Personnel shall be handled in accordance with Section XII below. The termination of this MOU <br />shall constitute revocation of all immigration enforcement authorizations conveyed hereunder. <br />VIII. COSTS AND EXPENDITURES <br />Except as specifically provided otherwise herein, Participating MCSO Personnel will carry out <br />ICE functions designated in this MOU as delegated to MCSO at MCSO expense, including <br />salaries and benefits. ICE shall reimburse MCSO for all costs attendant to incarceration of ICE <br />detainees, including housing costs at the federal rate. <br />IX. ICE SUPERVISION <br />Immigration enforcement activities of the Participating MCSO Personnel will be supervised and <br />directed by ICE in Charlotte, North Carolina. Participating MCSO Personnel cannot perform any <br />immigration officer functions pursuant to the authorities granted under this MOU except when <br />working under the supervision of ICE. Participating MCSO Personnel shall give notice to the <br />ICE as soon as practicable after, and in all cases within 24 hours, of any detainer issued under the <br />authorities set forth in this MOU. The actions of Participating MCSO Personnel will be reviewed <br />by ICE on an ongoing basis to ensure compliance with the requirements of the immigration laws <br />and procedures and to assess the need for additional training or guidance for any individual. <br />For the purposes of this MOU, ICE will provide supervision of Participating MCSO Personnel <br />only as to immigration enforcement functions. MCSO retains supervision of all other aspects of <br />the employment of and performance of duties by Participating MCSO Personnel or any MCSO <br />personnel in the process of training hereunder. <br />If a conflict arises between an order or direction provided by ICE and MCSO rules, standards, <br />orders or policies, the conflict shall be promptly reported to the Assistant Special Agent in <br />Charge, Charlotte, and the Sheriff of MCSO or his designee as soon as circumstances safely <br />allow the concern to be raised. The Assistant Special Agent in Charge and the Sheriff of MCSO <br />or his designee shall attempt to resolve the conflict. <br />
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