Agenda - 01-23-2007-6c - Laserfiche WebLink

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1-7 APPENDIX B COMPLAINT PROCEDURE This MOU is a joint agreement between DHS/ICE, the County and the MCSO, in which selected MCSO personnel are authorized to perform immigration enforcement duties in specific situations under federal authority. As such, the training, supervision, and performance of certain MCSO personnel pursuant to the MOU, as well as the protections for individuals' civil and constitutional rights, are to be monitored. Part of that monitoring will be accomplished through these complaint reporting and resolution procedures, which the parties to the MOU have agreed to follow. The MOU sets forth the process for designation, training and certification of designated MCSO personnel to perform certain immigration enforcement functions specified herein. Complaints filed against those personnel in the course of their non-immigration duties will remain the domain of MCSO and be handled in accordance with MCSO policies and procedures. MCSO will also handle complaints filed against MCSO personnel who may exercise immigration authority, but who are not designated and certified under this MOU. The number and type of the latter complaints will be monitored by the steering committee established under Section )all of the MOU. In order to simplify the process for the public, complaints against Participating MCSO Personnel relating to their immigration enforcement actions can be reported in a number of ways. The ICE Headquarters Office of Professional Responsibility (ICE OPR) and the MCSO Office of Professional Compliance (MCSO OPC) will coordinate complaint receipt and investigation. The ICE OPR will forward complaints to the Department of Homeland Security's Office of Inspector General (DHS OIG) as appropriate for review, and ensure notification as necessary to the U. S. Department of Justice Civil Rights. Division (DOJ CRD). It is contemplated by the parties that MCSO's existing complaint processes for Participating MCSO Personnel will be utilized to the extent they do not conflict with this agreement. The ICE OPR will coordinate complaints related to Participating MCSO Personnel with the MCSO OPC as detailed below. Should circumstances warrant investigation of a complaint by the DHS OIG or the DOJ CRD, this will not preclude the DHS OIG, DOJ CRD or ICE OPR from conducting the investigation in coordination with MCSO OPC, when appropriate. The ICE OPR will adhere to established procedures relating to reporting and resolving allegations of employee misconduct, and the MCSO OPC will follow applicable MCSO policies and procedures, personnel rules, North Carolina statutes and any other guidelines established for operation of the MCSO. ,T 1