1. 1 JTTF Evaluation Initial Questions and Answers Revised: January 13, 2011

2. 2 Federal Partnerships

3. 3 Question What kinds of law enforcement agreements can cities in Oregon have with other governments?

4. 4 Answer LOCAL “A unit of local government may enter into a written agreement with any other unit of local government” FEDERAL “[A] unit of local government may cooperate for any lawful purpose, by agreement or otherwise, with the United States.” Source: ORS 190.010 and ORS 190.110(1)

5. 5 Question What is the City’s current relationship to the Portland JTTF?

6. 6 Answer The City cooperates and collaborates with the JTTF according to the terms of a Resolution passed in 2005. The Resolution directed PPB to: “[R]emain a member of the JTTF Executive Group” “[C]ontact the FBI immediately with any information regarding possible terrorist threats” “Collaborat[e]… on JTTF terrorism investigations…on a case-by-case basis…limited to Secret-level investigations…consistent with [Oregon law].” Source: City of Portland Resolution 36315

7. 7 Question What is the Executive Group of the Portland JTTF?

8. 8 Answer “A venue where law enforcement executives on the federal, state, and local level can receive on a quarterly or tri-annual basis classified and non- classified briefings and training. Participants must have Secret security clearance.” Source: Supervisory Special Agent Michael Caputo

9. 9 Question How does our current arrangement compare to earlier City/JTTF agreements?

10. 10 Answer Earlier arrangements were formalized in a written Memorandum of Understanding (MOU) signed by the FBI and the City. One example of the change in 2005 was that the “Portland Police Bureau officers…assigned to the JTTF [were] removed from JTTF and reassigned to the City’s Criminal Intelligence Unit (CIU).” Source: City Council Ordinances, MOUs from 2000-2004, and Resolution 36315

11. 11 Question What written agreements does the Portland Police Bureau currently have with other agencies?

12. 12 Answer Local Master Interlocal Mutual Law Enforcement Assistance Agreement Port of Portland IGA Regional Organized Crime Narcotics Task Force Metropolitan Explosive Disposal Unit Tri-Met Policing IGA Federal District Fugitive Task Force Electronic Tracking Systems for Oxycontin Safe Streets Task Force Department of Agriculture Food Stamp Fraud-Operation Talon Northwest Regional Computer Forensic Laboratory Agreement Alcohol, Tobacco, and Firearms Task Force High Intensity Drug Trafficking Area Fugitive Task Force

13. 13 Level of Threat

14. 14 Question What is the legal definition of terrorism?

15. 15 Answer Under federal criminal law, “terrorism means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping;” Terrorism is divided into “international” or “domestic” depending upon where the activities primarily occur. Source: 18 USC 2331(1)-(5)

16. 16 Question What is Portland’s current terrorism threat assessment?

17. 17 Answer Currently, the only non-classified publicly available information on terrorist incidents comes from the U.S. Department of State Counterterrorism Department and its Worldwide Incidents Tracking System (WITS) maintained by the National Counterterrorism Center. There is no publicly available Portland Terror Threat Assessment. Source: https://wits.nctc.govhttps://wits.nctc.gov

18. 18 Question Is there state or local law related to terrorism?

19. 19 Answer State and local law do not provide a definition of terrorism that relates to criminal investigation or prosecution. State law relating to crime victim compensation has a definition of “international terrorism” that is substantially similar to the federal definition. Source: Oregon Revised Statutes, Portland City Code

20. 20 JTTF Purpose

21. 21 Question What is a JTTF? What is the scope of a JTTF’s work?

22. 22 Answer “The Joint Terrorism Task Forces are squads within the FBI’s field offices that focus primarily on addressing terrorism threats and preventing terrorist incidents….[T]hey respond to terrorism leads and conduct terrorism investigations. The JTTFs share classified and unclassified information with their federal, state, and local partners and hold meetings for their member and agency liaisons. Additionally, the FBI uses the JTTFs to coordinate security measures for all national special events.” Source: “The Department of Justice’s Terrorism Task Forces”, Evaluation and Inspection Report I-2005-007, Office of the Inspector General (June 2005)

23. 23 “The JTTFs are primarily divided into two major sections: international terrorism and domestic terrorism. FBI offices with larger JTTFs further divide their functions and create squads that focus on specific topics.” Source: “The Department of Justice’s Terrorism Task Forces”, Evaluation and Inspection Report I-2005-007, Office of the Inspector General (June 2005)

24. 24 “ JTTF members must obtain a Top Secret security clearance. Agency liaisons to the JTTF serve as ‘points of contact’ and do not require security clearances.” Source: “The Department of Justice’s Terrorism Task Forces”, Evaluation and Inspection Report I-2005-007, Office of the Inspector General (June 2005)

25. 25 “Intelligent research specialists work with the JTTF…. [The [duties of] intelligence research specialists … included…sharinginformation with…local law enforcement…providing advice, information, logistical support, and intelligence analysis…and filtering intelligence bulletins for distribution to the appropriate…JTTF members. For example, two intelligence research specialists from different districts shared with each other Law Enforcement Sensitive information about a potential domestic terrorist group with ties to both districts. After reviewing the information and meeting with the FBI’s JTTFs, the JTTFs in each district began and are conducting investigations of the group.” Source: “Review of United States Attorneys' Offices' Use of Intelligence Research Specialists”, Evaluation and Inspections Report I-2006-003, Office of the Inspector General (December 2005)

26. 26 Question How does a City join a JTTF?

27. 27 Answer “[Membership] may be requested through or invited by local FBI field office. Parent agency and the FBI sign a Memorandum of Understanding.” Source: “The Department of Justice’s Terrorism Task Forces”, Evaluation and Inspection Report I-2005-007, Office of the Inspector General (June 2005)

28. 28 Question Can a City negotiate the terms of a Memorandum of Understanding?

29. 29 Answer Yes. The FBI has a standard JTTF MOU to which the agency may make amendments. There are certain terms, however, which are likely non-negotiable. In the past, the City made changes to the standard MOU. For example, beginning in 2000 the City amended all of the standard MOUs to expressly require PPB members to conform their investigative methods to Oregon statutes. Source: City Council Ordinances and MOUs from 2000-2004

30. 30 Question Are there locales without JTTFs?

31. 31 Answer The FBI has 56 field offices (also called divisions) centrally located in major metropolitan areas across the U.S. and Puerto Rico. Each division has a JTTF. Portland is the only major metropolitan city that has not entered into a written MOU with the FBI. Source: www.fbi.govwww.fbi.gov

32. 32 Portland JTTF

33. 33 Question Who are the current full-time members of the Portland JTTF?

34. 34 Answer LOCAL Oregon State Police; Port of Portland Police; Washington County Sheriff’s Office FEDERAL Internal Revenue Service; Defense Criminal Investigative Service; Department of Homeland Security; Immigration and Customs Enforcement; Federal Air Marshal Service; U.S. Secret Service; U.S. Coast Guard Investigative Service; Federal Protective Service; U.S. Attorney’s Office Source. www.//portland.fbi.govwww.//portland.fbi.gov

35. 35 Question What does the Portland Joint Terrorism Task Force do?

36. 36 Answer “[The] Portland Joint Terrorism Task Force…runs down any and all terrorism leads, develops and investigates cases, provides support for special events, and proactively identifies threats that may impact the area and the nation.” Source. www.//portland.fbi.govwww.//portland.fbi.gov

37. 37 Oregon vs. Federal Rules

38. 38 Question What Is ORS 181.575?

39. 39 Answer ORS 181.575 prohibits a law enforcement agency from: -collecting or maintaining information about -the political, religious or social views, associations or activities of -any individual, group, association, organization, corporation, business, or partnership UNLESS -such information directly relates to an investigation of criminal activities, and -there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct Source: ORS 181.575

40. 40 Question For at least 10 years after the 1996 judgment in Squirrel v City of Portland (aka Squirrel v. Moose), the City Attorney and, later, the director of the Independent Police Review Division (IPR) reviewed the files at CIU to ensure compliance with state law. Is there any such review going on now?

41. 41 Answer Yes. A Senior Deputy City Attorney regularly reviews CIU’s work for compliance with Oregon state law and the City’s Resolution. Source: Portland City Attorney’s Office

42. 42 Question What are the federal and state laws regarding how law enforcement investigations are initiated?

43. 43 Answer Under Oregon law, a police officer may exercise discretion in deciding whether to initiate a criminal investigation. Oregon’s equal protection clause prohibits an officer from initiating criminal investigations motivated by considerations of race, economic status, gender or other prohibited classifications. Source: OR Constitution, Article I, section 20 and State v Davis, 237 OrApp 351 (Sept., 2010)

44. 44 Answer The FBI’s investigations are governed by federal law. The most relevant policy documents are: *The Attorney General’s Guidelines for Domestic FBI Operations *The Domestic Investigations and Operations Guide (DIOG). Source: FBI

45. 45 Question Can PPB officers assigned to a JTTF refuse to do work requested of them by federal agencies when it violates state or local laws?

46. 46 Answer Yes. From 2000-2004, the City’s JTTF MOUs provided that “responsibility for the conduct of JTTF members, both personally and professionally, shall remain with their respective supervisors…[and] continued assignment of personnel will be at the discretion of the agency supervisors.” Source: City Council ordinances and MOUs

47. 47 Question Can local police officers assigned to the JTTF who engage in conduct that violates state or federal law be disciplined and/or prosecuted for such violations?

48. 48 Answer Yes. From 2002-2004, the City’s JTTF MOUs also provided that “failure to abide by local, state, or federal law by a Portland Police Bureau officer can result in the suppression of evidence in criminal trials, in civil liability against the City of Portland or individual officers, and in the criminal prosecution of officers.” Source: City Council ordinances and MOUs