Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors2
File Code: / 5130/5330-1/6300 / Date: / May 26, 2004Route To: / (6100)
Subject: / Law Enforcement and Security Services for Emergency Fire Incidents
To: / Deputy Chiefs, Station Directors, Area Director, WO Staff Directors
Increasing complexities of major fire incidents have changed the need for and role of incident law enforcement and security resources. Peak periods of deployment and increasing demands for interagency support have also increased the demand for use of non-federal or private personnel on Forest Service (FS) fires.
FS and other National Wildfire Coordinating Group (NWCG) federal agency law enforcement personnel meeting Technical Specialist-Security Specialist Level 1 (SEC1) and Technical Specialist-Security Specialist Level 2 (SEC2) qualifications will continue to be the priority for assignment to those and to Security Manager (SECM) positions on FS incidents. These personnel provide the broadest range of ability and authority.
Should a need arise to train or mobilize other resources, this can be done following existing FS and NWCG policy and guidelines, and the direction in this letter. The direction provided herein represents interim direction for the fire security function until related directives and incident publications may be revised. FAM, LEI and AQM staffs are continuing to evaluate incident security and law enforcement issues for additional needed changes.
Determining Security and Law Enforcement Needs
Security functions include prevention, detection, and reporting activities to enforcement officials, which are a violation of law or are a threat to persons or property, and the establishment of voluntary or administrative systems to provide for the protection of persons and their property. Law enforcement duties include all of the above functions plus the enforcement of federal and/or state criminal laws and regulations, including the exercise of the powers of arrest and the use of force.
Managers must ensure that knowledgeable and qualified personnel are determining the full range of needs on an incident for both law enforcement and security functions. Managers must also ensure that personnel are assigned to duties commensurate with their abilities, authority, agency qualification, equipment and clothing. As no training, experience, or law enforcement authority are currently required by the NWCG for the SECM position, incident management personnel should consult with local FS Law Enforcement and Investigations (LEI) personnel if this position is filled by other than SEC1-qualified personnel. SECM personnel cannot personally exercise law enforcement authority and duties on FS fires unless they meet applicable SEC1 or SEC2 qualifications. Where SEC1 personnel are assigned to an incident, the SECM should be SEC1 qualified and shall not be contract or AD personnel. All security and law enforcement personnel assigned to fire incidents should be provided with a copy of FSM 5354.03 and 5354.1, pertaining to constraints on the exercise of law enforcement actions during incidents.
Federal Resources
The most versatile resource for law enforcement services on FS fire incidents are federal employees with law enforcement authority who may enforce, both on and off National Forest System (NFS) lands, federal laws relating to the NFS and the protection of FS property and personnel. Many LEI personnel also have been provided with state peace officer authority (authority to enforce state law). The FS has limited authority to provide FS law enforcement authority to other federal agency law enforcement officers, particularly Department of Interior officers, and may also receive enforcement authority from other federal agencies. Federal officers may also obtain U.S. Marshal Service deputations should expanded federal authority be required.
State and Local Resources
After federal law enforcement resources, the second priority source for obtaining versatile resources on fire incidents is peace officers of state and local law enforcement agencies with jurisdiction in the area of the incident. The FS cannot provide its federal enforcement authority to such officers except in limited drug enforcement circumstances. The enforcement of state laws falls primarily under the jurisdiction of state peace officers in the jurisdictional area of the incident. They should normally provide these services without any provision for, or expectation of monetary reimbursement. However, incident management personnel should ensure through unified command procedures that the entirety of direct and indirect operational needs of the incident is considered in staffing, funding, and cost apportionment arrangements of the incident.
State peace officers may be used in SEC1 and SECM positions. The FS is authorized to provide reimbursement to state and local law enforcement agencies for services requested by the FS, or for expenses they may incur in executing their own duties on NFS lands. This reimbursement is provided through service agreements or cooperative agreement pursuant to the Sisk Act (P.L. 92-82, 16 U.S.C. 551a) respectively. Most cooperative law enforcement agreements administered by the FS Law Enforcement and Investigations (LEI) program now contain language allowing the agreement to be used for emergency incident reimbursement. The local LEI Patrol Captain or Law Enforcement Officer normally assigned to the incident area should be contacted to obtain existing or negotiate new agreements. Pre-season service and supply planning should also include discussions with LEI personnel to obtain all existing agreements and to assist in negotiating additional agreements that may be needed just for emergency reimbursement purposes.
Where a cooperative law enforcement agreement is used to reimburse state or local law enforcement officers, they may be assigned operational duties within the incident as needed. These officers still maintain their employment with their employing agency, therefore they bring with them their state peace officer authority to enforce state law and county ordinances that are also generally suitable for providing the full range of security and law enforcement duties. Should the cooperating agency be willing but unable to provide sufficient personnel of their own to meet reimbursable incident needs, they should be encouraged to utilize state mutual aid systems to obtain needed support for their agency, which may also be reimbursed to them. WFSU funds should be used for such work and all costs should be charged to the P-code for the fire. In non-fire emergencies, other appropriate funds may also be charged.
On rare occasions, state and local law enforcement officers may be hired under the Administratively Determined (AD) Pay Plan for Emergency Workers (FSH 5109.34), if permitted under their statutory authority and employing agency’s policy. However, they are required to meet FS fire and law enforcement qualification standards (FSM 5300, FSM 5134.1, FSH 5109.17 - Exhibit 1). Therefore, they may not exercise their state law enforcement authority or perform any kind of law enforcement duties. They are not permitted to wear uniforms with police-type markings or to carry firearms or other defensive equipment. Therefore, these personnel will normally only be hired under AD authority as SECM or SECG positions. These limitations are also normally true of state and local officers operating outside of the area or state which has granted them peace officer status unless local authorities grant deputations. Caution is needed also as AD-hired law enforcement personnel may not receive coverage under the Public Safety Officer Benefit Act.
Private and Security-Only Resources
Where the need is for personnel only to provide security functions, not to enforce any laws or regulations, personnel from private security organizations or security rental businesses, or state and local officers hired under the AD authority as described above, may be used to perform incident security duties. These personnel must meet applicable FS and NWCG qualification requirements, and must meet any state certification or licensing requirements for security guards required in the state where the incident is located.
To ensure clear delineation and ordering of these security-only technical specialist positions, the FS will be incorporating a new Technical Specialist - Security Guard position (SECG) into our qualification requirements for FS fires (see Attachment 1). The purpose of the addition of this position is to accommodate non-federal personnel, not to replace or diminish the SEC2 requirements for FS employees.
Although some states authorize private citizens or private security personnel to make citizen’s arrests or detentions and/or to carry and use defensive equipment, any use of privately procured or AD-hired security officers by the FS or on FS fires shall have the following limitations:
- They may not carry or use firearms or any other defensive equipment such as pepper spray, handcuffs, batons, etc., nor may they detain or arrest persons.
- They shall be instructed that they may only inform persons of applicable laws or restrictions, and may not arrest or use physical force to detain persons committing violations except to prevent imminent loss of life or serious bodily injury. They must report violations to security personnel with law enforcement authority to take action.
- Attention in assignment should be closely paid to any duties that may present an appearance of law enforcement authority such as road closure control and detention or seizure functions of persons or vehicles.
- Uniforms or vehicles used should also not present an appearance of police authority, such as the use of the words “police”, or the presence of vehicle lighting other than yellow.
Where private security personnel are used for security duties, the SECM (responsible for resource orders and approval of payments) may not be contractor or casual hire. Only Purchase Order, Pre-season Blanket Purchase Agreements, or contracts listed in the local unit service plan may be used for procurement of security services. The use of purchase cards is discouraged due to the complexity and limitations set on hiring security services and should only be used in conjunction with written terms and conditions. Limitations on such procurements would be reflected in standard requirements for such services, as guided by national direction. Hiring or procuring officials must ensure that critical duty, cost, and liability issues are addressed in writing as part of the procurement. Detailed guidelines are included in Attachment 2.
If you have any questions, please contact the following staff specialists:
Incident Business Mgmt:Virginia Heerwagen – WO FAM, 202-205-0908
Law Enforcement:Ann Melle – WO LEI, 703-605-4527
Incident Training and Qualifications:Buck Latapie, WO FAM, 202-205-1488
Procurement: Mary Anne Ward – WO AQM, 703-605-4823
/s/ Sally D. Collins (for)DALE N. BOSWORTH
Chief
cc: Ann Melle, Virginia Heerwagen, Dale J Fabian, Sheri A Elliott, MaryAnne Ward, Buck Latapie
Attachments: Revised Requirements for Security Positions, Security Procurement Guidelines
ATTACHMENT 1 – REVISED FS REQUIREMENTS FOR SECM, SEC1, SEC2 AND ADDED QUALIFICATIONS FOR SECURITY GUARD (SECG)
Draft Interim Directive - Changes to FSH 5109.17
May 2004
Zero Code 03, Paragraph 3. Add the following:
Accept personnel from local or state law enforcement agencies or other non-Federal cooperators hired as Administratively Determined (AD), and accept contract personnel, to provide security guard SECG services on an incident, provided they meet all state laws and regulations governing such services within the state of the incident. Such personnel shall not enforce federal, state, or local laws.
FSH 5109.17, Chapter 20, Section 25 (Technical Specialist Positions). Amend to read as follows:
25.15 - Exhibit 01
Logistics Position Qualifications
SECURITY MANAGER (SECM)TRAINING: / Level 1 / I-100 Introduction to Incident Command System
S-110 Basic Wildland Fire Suppression Orientation
S-260 Interagency Incident Business Management
Level 3 / I-200 Basic Incident Command System
AUTHORITY: / None required. May not exercise authorities of SEC1, SEC2, or SECG positions unless full qualifications for these positions are met.
PREREQUISITE EXPERIENCE: / Satisfactory position performance as a Security Manager
PHYSICAL FITNESS: / None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY: / None
25.33 - Exhibit 01--Continued
Logistics Position Qualifications
SECURITY SPECIALIST LEVEL 1 (SEC1)*ASSIGNED TO: / Incident Logistics Functional Area
SUPERVISED BY: / Security Manager
TRAINING: / Level 1 / Federal Law Enforcement Training Center (FLETC) CITP or NRPT
I-100 Introduction to Incident Command
S-110 Basic Wildland Fire Suppression Orientation
CERTIFICATION: / Certification as Criminal Investigator or Law Enforcement Officer
AUTHORITY: / Authorized and equipped to carry firearms, make arrests, serve warrants, conduct searches and seizures. Authorized to enforce federal or state laws.
PREREQUISITE EXPERIENCE: / Satisfactory position performance as a Security Specialist Level 1
PHYSICAL FITNESS: / None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY: / Security Manager
* AD hiring authority and procurement of private services may not be used for this position.
25.33 - Exhibit 01--Continued
Logistics Position Qualifications
SECURITY SPECIALIST LEVEL 2 (SEC2)*ASSIGNED TO: / Incident Logistics Functional Area
SUPERVISED BY: / Appropriate Logistics Supervisor
TRAINING: / Level 1 / Forest Protection Officer training
I-100 Introduction to Incident Command System
S-110 Basic Wildland Fire Suppression Orientation
CERTIFICATION: / Annual recertification as a Forest Protection Officer
AUTHORITY: / Not authorized or equipped to carry firearms, serve warrants, or conduct searches and seizures. Authority to enforce federal criminal laws and regulations.
PREREQUISITE EXPERIENCE: / Satisfactory position performance as a Security Specialist Level 2
PHYSICAL FITNESS: / None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY: / None
* AD hiring authority and procurement of private services may not be used for this position.
25.33 - Exhibit 01--Continued
Logistics Position Qualifications
SECURITY GUARD, NOT LAW ENFORCEMENT (SECG)*ASSIGNED TO: / Incident Logistics Functional Area
SUPERVISED BY: / Security Manager (Contractor must provide supervisor who will provide direct supervision to contract personnel).
POSITION DESCRIPTION: / Personnel utilized in this position shall not exercise law enforcement duties of either state or federal law, including arrest or detention of persons, nor carry weapons or other defensive equipment.
Uniforms may be worn and marked vehicles driven, however they shall not contain the words “police” or equivalent, or contain markings of a public law enforcement or police agency.
TRAINING: / Level 1 / I-100 Introduction to Incident Command
S-110 Basic Wildland Fire Suppression Orientation
Training as required within the state of the incident for security guard licensing as appropriate (including peace officer status if allowed).
CERTIFICATION: / Licensed and in compliance with any applicable requirements for security guards within the state of the respective incident.
Where state law allows, peace officer or law enforcement officer training or employment may meet requirements.
PREREQUISITE EXPERIENCE: / Satisfactory performance as a Security Guard.
PHYSICAL FITNESS: / None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY: / None
* AD hiring authority and procurement of private services may be used for this position.
ATTACHMENT 2 – PROCUREMENT GUIDELINES
SECG AND SECM POSITIONS
MAY 2004
Technical Specialist-SEC1 and SEC-2 positions may not be obtained by procurement due to required law enforcement authority. Technical Specialist-SECG and Security Manager (SECM) positions may be obtained by procurement, if such individual meets the qualifications listed in NWCG and FS qualifications guides, including the interim direction in Attachment 1:
The following items should be addressed when procuring security services during an incident:
Procurement Tools. Only Purchase Order, Pre-season Blanket Purchase Agreement, or contract listed in the local unit service plan may be used. Emergency Equipment Rental Agreements shall not be used. Use of the Purchase card is discouraged due to the complexity and limitations set on hiring security services. The purchase card should be used only in conjunction with written terms and conditions, to include the guidance provided herein. Contractors will be used only after a bona fide need is determined, and in compliance with the WO 10/29/03 letter on use of non-local contractors and FSH 5109.34 (24.3).
Commercial Terms and Conditions. The use of commercial practices in accordance with FAR Part 12 is the preferred form of procurement. Use of commercial agreements/contract terms is encouraged, as long as the items noted below are considered and included. Consider use of the GSA Schedule and Solicitation for Security Services (7FCI-L3-03-0084-B -“Professional Security Services” and “Guard Services”).
Parameters of Authority/Duties. Define to the greatest degree of detail possible the geographic areas and/or facilities the contractor is responsible for securing. Specify that the procurement is for unarmed services only, and that personnel may not carry or use firearms or any other defensive equipment such as pepper spray, handcuffs, batons, etc. Specify that personnel may only inform persons of applicable laws or restrictions, and may not arrest or use physical force to detain persons committing violations except to prevent imminent loss of life or serious bodily injury. They must report violations to security personnel with law enforcement authority to take action. Ensure that a copy of FSM 5354.03 and FSM 5354.1 regarding incident camp security duty restrictions are provided to all personnel procured, and that applicable portions are addressed in procurement specifications.
Minimum Qualifications. Technical Specialist-SEC1 and SEC2 positions may not be obtained by procurement due to required law enforcement authority. Technical Specialist-Security Guard (SECG) and Security Manager (SECM) positions may be hired under a procurement, if such individuals meet the qualifications listed in the draft FSH 5109.17, Section 25.33 (see Attachment 1). Where SEC1 personnel are assigned to an incident, the SECM should be SEC1 qualified and shall not be obtained via procurement. Where private security personnel are used for security duties, the SECM (responsible for resource orders and approval of payments) may not be private or AD casual hire. Documents must specify that all personnel provided under the procurement are licensed and/or in compliance with any applicable state and local laws and regulations for private security guards within the state of the incident.
Restrictions on Appearance. Depending on duties needed, identify whether the Forest Service will require or allow contractor personnel to wear uniforms and to operate marked vehicles owned by the contractor. If allowed, contractor uniforms shall be a color and style in general use by large guard or security organizations and shall be readily distinguishable from those of federal, state, and local law enforcement agencies. Vehicles and uniforms shall not contain the word “police” or “law enforcement”, or contain the markings of a public police agency. Contractor vehicles will not contain vehicle lighting defined as restricted to law enforcement use in the state of the incident. Uniform-type clothing and/or badges are encouraged in order to provide a physical presence and deterrence on the incident, but are provided at the discretion and cost of the contractor. Specify whether the Government or contractor will provide fire personal protective equipment and/or clothing.