HomeMy WebLinkAbout15.C.5. Criminal Justice Data Communication Agreements
CITY OF SHAKOPEE IS-C .5'.
Police Department CONSENT
Memorandum
TO: Honorable Mayor and City Council
FROM: Mark McNeill, City A~
Erron Balfanz, Sergeant
SUBJECT: Criminal Justice Data Communication Users Agreement
DATE: August 31, 2005
INTRODUCTION:
Council is asked to consider allowing appropriate city officials to enter into the Criminal
Justice Data Communications Access Agreement and the Computerized Criminal History
Information Access Agreement between the City of Shakopee and the State of
Minnesota.
BACKGROUND:
The current Criminal Justice Data Communication Access Agreement between the State
of Minnesota and the City of Shakopee needs to be updated due to a new agency head at
the Department of Public Safety (DPS). Also, the current Computerized Criminal
History Information Access Agreement between the State of Minnesota and the City of
Shakopee needs to be updated.
Police Department personnel are required to routinely access the DPS computer(s) to
enter information, make inquiries and create records. Before department personnel are
allowed to do so, the DPS requires that certain agreements be in place.
The Criminal Justice Data Communication Access Agreement restricts the department to
using approved equipment, ensures that personnel are properly trained and following
state mandated regulations, and requires that the agency pays for maintaining agency
owned equipment.
The Computerized Criminal History Information Access Agreement restricts criminal
history inquiries to authorized employees who have been granted clearance by the DPS,
and that mandated state regulations are followed in regards to information dissemination,
collection and verification.
Copies of these agreements are included with this memo.
BUDGET IMPACT:
None
ALTERNATIVES;
1. Approve the agreement
2. Do not approve the agreement
3. Table and provide direction to staff.
RECOMMENDATION:
Alternative #1. Staff recommends approval of the agreements.
ACTION REQUESTED:
If the Council concurs, they should, by motion, authorize the appropriate city officials to
enter into the Criminal Justice Data Communications Access Agreement and the
Computerized Criminal History Information Access Agreement.
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
Bureau of Criminal Apprehension
1430 Maryland Avenue East. St. Paul, Minnesota 55106-2802
Phone: 651n93-7000 . FAX: 651/793-7001 . TTY: 651/282-6555
Internet: http://www.dps.state.mn.us/bca/
August 19,2005
Daniel Hughes, Chief
Alcohol & Sbakopee Police Department
Gambling 475 Gorman Street
Enforcement Sbakopee, :MN 55379
Bureau of
Criminal
Apprehension Dear Chief Hughes:
Capitol Security The current Access Agreements between the State of Minnesota and the Shakopee Police
Center for Department need to be updated due to a new agency head. Enclosed you will fInd new contracts
Crime Victim to sign and return to the BCA for continuation of your service.
Services Please review the agreement and indicate approval by having the person within your agency, who
Driver & Vehicle has signing authority, sign and date the agreement. Return the signed agreement(s) to the BCA at
Services the address below. A signed and executed copy of the agreement(s) will be retmned to you once
Drug Policy & the agreement(s) has been fully executed.
Violence If you have any questions regarding tillS process, please feel free to contact KatIW Surridge at
Prevention (651) 793-2627.
Emergency
Management / Return all signed documents to:
Emergency
Response Minnesota Department of Public Safety
Commission Bureau of Crinllnal Apprehension, cns Section
State Fire 1430 Maryland Ave. E.
Marshal/ St. Paul, :MN 55106
Pipeline Safety
Sincerely,
State Patrol ~
Traffic Safety .,
~-- -
Robert P. Johnson
cns Director
Enc. Access Agreements
RJP/ks
acA
Bureau of CrlmInoI Apprehension
EQUAL OPPORTUNITY EMPLOYER
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STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
CRIMINAL JUSTICE DATA COMMUNICATION
NETWORK USER AGREEMENT
This Agreement is entered into on Au2Ust 19. 2005 by and between the State of Minnesota. the Deoartment of
Public Safety hereinafter called "DPS" and the Shakooee Police Deoartment. 475 Gorman St. Shakooee. MN
~ hereinafter called the "Agency". This agreement details the obligations and requirements placed on the
Agency who is connected to the State's Criminal Justice Data Communication Network (CJDN).
DPS is the organization set forth by Minnesota Statute as being responsible for the administration and operation of
the State's Criminal Justice Data Communication Network. Further, DPS is the control terminal agency in the
Federal Bureau of Investigation National Crime Information Center (FBI-NCIC) system and the National Law
Enforcement Telecommunications System (NLETS), Inc.
I. EOUIPMENT:
1. Only terminals, printers, computers, and associated equipment approved by DPS may be connected to the
CJDN by the Agency. (Note: this does not include terminal equipment on the agency's end of their
computers.)
2. No equipment, including terminals and printers on the Agency's end of their computers, may be added to
the CJDN without the express permission ofDPS.
3. All equipment that the Agency has connected to the CJDN must be identified in a list attached to this
Agreement. Updates to the list must be made any time new or additional equipment is connected to the
network.
4. All terminals and printers must have a unique device identifier assigned by DPS to enable them t9 receive
data and information from the network.
5. An Agency with intelligent equipment must have at the minimum, one dedicated printer that is always
available to receive messages.
6. . Due to the time needed to add, change or remove CJDN circuits and equipment, a minimum of a 120 day
written notice must be provided to DPS whenever the Agency is going to add, move, replace, or eliminate
any equipment on the network. This does not include terminals on the Agency's end of their computer. DPS
will attempt to satisfy requests in a shorter period of time if the communication companies are able to
provide faster service.
n. COMPUTER CONNECTION:
If the Agency is connected to the CJDN with a non-stand alone computer (a device that has multiple output
units, terminals and printers connected to it, or is part of a network that has multiple devices or computers
on it other than CIDN) a "Computer Interface Access Amendment" must be executed and become an
incorporated part of this Agreement. (Only required of Agencies who have a direct CADlMobile/RMS
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system interface to our LEMS system and does not include any Portals 100 devices or the Portal 100
Department Web Server -DWS)
m. PERSONNEL:
1. DPS will provide training and certification of all Agency personnel who will be responsible for activity on
the CJDN. The Agency must make its personnel available for and require them to participate in this
training.
2. DPS will provide documentationandlor manruus on the correct use of the CJDN for network users. The
Agency must disseminate the documentation or manuals to all of their employees who utilize the CJDN.
This documentation or manuals are to be maintained in a secure manner by the agency.
3. The Agency agrees to initiate, at the request of State, disciplinary action up to and including tennination of
personnel, where such persons violate the provisions of this agreement or other security requirements estab-
lished for the CJDN. The Agency will assist in the criminal prosecution of individuals when Federal or
State laws have been violated.
IV. DATAlINFORMATION:
1. The accesses the Agency will be allowed will be detennined by DPS and the Agency. The Agency may
request additional accesses. The Agency agrees that the decision of DPS as to what infortrultion shall be
made available to the Agency is final.
2. If the Agency enters data and infortrultion into cns, the Agency will have sole responsibility for the
accuracy, completeness and timeliness of it.
3. Data and infortrultion that the Agency receives from the CJDN must be verified with the originating agency
before acting upon it.
4. The Agency must abide by the Minnesota Data Practices Act and applicable Federal Statutes in their access,
use, storage and dissemination of all data and infortrultion entered into or received from the CJDN.
V. ACCESS TO CRIMINAL HISTORY INFORMATION:
If the Agency is going to have access to Criminal History Information, a "Computerized Criminal History
Information Access Amendment" must be executed and become an incorporated part of this Agreement.
VI. COSTS:
1. DPS will pay all network communication line costs to the extent of approved legislative appropriations.
Excess costs will be prorated among the network users and the Agency billed accordingly. The agency
agrees to pay all such bills when due.
2. DPS will pay the maintenance costs for all equipment that it owns to the extent of approved legislative
appropriations, excess costs will be prorated among the network users and the Agency billed accordingly.
The Agency agrees to pay all such bills when due.
3. All maintenance costs for Agency owned equipment is the responsibility of the Agency.
4. Equipment installation, delivery, and relocation charges are to be paid by the Agency.
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5. If the Agency has a computer to computer interface, DPS will participate in payment only for the expense of
network communication line and modem costs between the State and the Agency computer to the extent
that DPS would pay for interconnection of a terminal and printer to the Agency. Any additional costs are
the responsibility of the Agency.
VII. ADDITIONAL TERMS:
1. The Agency agrees to indemnify and hold harmless the State and all of its employees, from and against any
and all claims, demands, actic>ns, suits, and proceedings by others; against all liability to others in the
execution or enjoyment of this Agreement and all amendments.
2. Changes to this agreement and its amendments may be introduced by either the State or the Agency. The
modifications will not become effective until an addendum to this agreement has been signed by both
parties.
3. This agreement will become effective when signed by the State and the Agency. The agreement and any
addendum will remain in effect until written notification is received to the contrary. Both DPS and the
Agency may, upon 90 days written notice, terminate this Agreement.
4. The Department of Public Safety and the Agency will abide by all present and future rules, policies, and
procedures adopted by the State or the NLETS Board of Directors, or as approved by the FBI-NCIC Policy
Board and adopted by FBI-NCIC. DPS will propose no changes in the rules, policies, and procedures
adopted by it without notice to all agencies and provision of a 30 day period in which an agency can submit
written comments to the Department.
5. The Department of Public Safety and the Agency agree that the FBI-NCIC, NLETS, and DPS user/operator
manuals, their amendments, and successors are incorporated as part of this agreement.
6. An Agency that provides CIDN access andlor services to another agency must have a written agreement
with that agency. The Agency must provide a copy of the agreement and any amendments to DPS. This
does not prohibit the Agency from providing information, on a one-time basis per case, to another Law
Enforcement Agency who is conducting an investigation in the Agency'sjurisdiction.
VIII. DEFINITIONS:
1. Criminal History Information. This will have the same meaning as contained in "Title 28" of the "Code of
Federal Regulations" or subsequent federal or State law or regulations which may supersede "Title 28".
2. Criminal Justice Data Communication Network. The network including the equipment, circuits, facilities,
procedures, agreements, and organizations thereof, for the collection, processing, preservation, or
dissemination of criminal justice information.
3. NCIC (National Crime Information Center). A division of the Federal Bureau of Investigation of the U.S.
Department of Justice which maintains a nationwide computerized information system established as a
service to all criminal justice agencies - local, state, and federal. NCIC's main purpose is to assist the
criminal justice organizations in performing their duties by providing a computerized filing system of
accurate and timely documented information, readily available to each criminal justice organization.
4. NLETS (National Law Enforcement Telecommunications Systems). NLETS is an incorporated, non-profit
organization whose purpose is to provide a nationwide criminal justice data communications system.
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ACKNOWLEDGMENT:
As the individual responsible for the Agency, I hereby acknowledge the responsibilities and duties as set forth in
this document as well as those documents incorporated by reference. I acknowledge that these responsibilities and
duties were developed and implemented to ensure the reliability, confidentiality, accuracy, timeliness and
completeness of Criminal Justice Information. I further acknowledge that failure of this Agency to comply with
these duties and responsibilities will subject this Agency to various sanctions including the termination of access to
the Criminal Justice Data Communication Network.
Agency Administrator Signature Date
Please print name from above Title
Department of Public SafetylBureau of Criminal Apprehension Date
Criminal Justice Information Systems
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Date: - -
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STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
CRIMINAL JUSTICE DATA COMMUNICATION
NETWORK USERS AGREEMENT
Agency OR!:
Agency Name:
Agency Street Address:
City:
Zip Code:
Phone Number:
FAX Number
Agency Contact Person:
Agency has access to Criminal History
and Agreement Amendment is attached? YES NO
Agency uses a computer for access
and Agreement Amendment is attached? YES NO
Agency Designated Terminal Agency Coordinator?YES NO
v"Vt tV 0700400
STATE OF MINNESOTA )
DEPARTMENT OF PUBLIC SAFETY
COMPUTERIZED CRIMINAL mSTORY INFORMATION
ACCESS AGREEMENT
This Amendment to the Criminal Justice Data Communication Network Users Agreement is entered into on
Au2Ust 19. 2005 by and between the State of Minnesota. the Deoartment of Public Safetv. Bureau of Criminal
Aoorehension, hereinafter called "DPS" and the Shakooee Police Deoartment 475 Gorman St. Shakooee. MN
55379 Minnesota Criminal Justice Agency hereinafter called the "Agency". This agreement details the obligations
and requirements placed on the Agency that is connected to the State's Criminal Justice Data Communication
Network and who will have access to the Computerized Criminal History Infonnation or may acquire Criminal
History Infonnation through a third party who has direct access to Criminal History. Infonnation through the
Criminal Justice Data Communication Network.
1. With respect to criminal history record information and related infonnation as maintained and/or provided
by DPS, it is agreed that:
1. DPS is the control tenninal agency in the Federal Bureau ofInvestigation National Crime Informa-
tion Center (FBI-NCIC) system and the National Law Enforcement Telecommunications System
(NLETS), Inc. and shall furnish to a Criminal. Justice Agency such criminal history record
information and other related infonnation as is available from the DPS,through the FBI-NCIC,
and through the NLETS.
2. No agency shall furnish to another agency information from its own files which is also maintained
by DPS,. FBI-NCIC, or another agency as authorized by Minnesota State or Federal statute, or
infonnation obtained by it without first querying the designated agency for the most recent
information; provided that this section shall not apply to (a) automated Criminal History
Information if DPS notifies the disseminating agency that it is technically incapable of responding;
or (b) the furnishing of information for the sole purpose of processing a charge through the
criminal justice system and it is clear under the circumstances that no disposition has occurred and
the information as furnished relates only to the charge in process; or (c) dissemination of
information received from DPS within the previous 48 hours.
3. The Department of Public Safety reserves the right to suspend furnishing Criminal History
Information when any rule, policy, or procedure has been or appears to have been violated. The
Department may reinstate the furnishing of Criminal History Information upon receipt of
satisfactory assurances that such violation did not occur or has been corrected.
4. Batch reports and other hard copy products containing Criminal History Information are to be
outputted only on printers within the Agency. All Criminal History output documents must be
tranSported, handled, and stored only by Authorized Employees. The Agency is responsible for the
correct and legal dissemination and use of all data and records it receives.
5. The Agency must maintain a log for all ill inquiries. This must include the name of the individual
receiving the response, the infonnation received and the date the infonnation was received. These
logs must be maintained for at least one year from the date of the inquiry.
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6. ill data and records cannot be used for licensing or non-criminal justice employment purposes
unless specifically authorized by Federal Statute.
7. An individual's right to review and challenge of his/her own record is an integral part of the
system. Appropriate identification, including fingerprinting, of the individual may be required
before any Criminal History Information can be disseminated to the individual. The fingerprints in
the record on file may be compared to those of the individual to verify helshe is who they purports
tobe.
II. PERSONNEL:
1. The Agency will make criminal. history checks on all employees that will have access to Criminal
History Information. An employee who is not cleared must not have access to the Criminal History
Information, only Authorized Employees will have access to Criminal History Information.
2. The Agency agrees to initiate, at the request of State, disciplinary action up to and including
termination of personnel having access to Criminal History Information systems where such
persons violate the provisions of this agreement or other security requirements established for the
collection, storage, or dissemination of Criminal History Information. The Agency will assist in
the criminal prosecution of such individuals when Federal or State laws have been violated.
3. Personnel assigned by the Agency receiving Criminal History Information as terminal operators
will be provided system training by the Department of Public Safety.
III. ADDITIONAL TERMS:
1. Changes to this agreement amendment may be introduced by either the State or the Agency. The
modifications will not become effective until an addendum to this agreement amendment has been
signed by both parties.
2. This agreement amendment will become effective when signed by the State and the Agency. The
agreement and any addendum will remain in effect until written notification is received to the
contrary. Both DPS and the Agency may, upon 30 days written notice, terminate this agreement.
IV. DEFINITIONS:
1. Authorized Employee. An employee who has been granted clearance by the Agency thereby
allowing access to Criminal History Information. The Agency in granting the clearance must have
done a criminal history check on the employee.
2. Criminal Justice Agencv. This will have the same meaning as contained in "Title 28" of the "Code
of Federal Regulations" or subsequent federal or State law or regulations which may supersede
"Title 28".
3. Criminal Historv Information. This will have the same meaning as contained in "Title 28" of the
"Code of Federal Regulations" or. subsequent federal or State law or regulations which may
supersede "Title 28".
4. Criminal Justice Data Communication Network. The network, including the equipment, circuits,
facilities, procedures, agreements, and organizations thereof, for the collection, processing,
preservation, or dissemination of criminal justice information, and may include related systems
that directly contribute to the criminal justice information system.
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5. m. The Interstate Identification Index. The FBI-NCIC Interstate Identification Index contains
individuals names, aliases, physical description, identifying numbers, fingerprint classification,
and location(s) of criminal history record(s).
6. NCIC (National Crime Information Center). A division of the Federal Bureau of Investigation of
the U.S. Department of Justice which maintains a nationwide computerized information system
established as a service to all criminal justice agencies - local, state, and federal. NCIC's main
pw:pose is to assist the criminal justice organizations in performing their duties by providing a
computerized fiJing system of accurate and timely documented information, readily available to
each criminal justice organization.
7. NLETS (National Law Enforcement Telecommunications System). NLETS is an incorporated,
non-profit organization whose purpose is to provide a nationwide criminal justice data
communications system.
V. ACKNOWLEDGMENT:
As the individual responsible for the Agency, I hereby acknowledge the responsibilities and duties as set forth in
this document as well as those documents incorporated by reference. I acknowledge that these responsibilities and
duties were developed and implemented to ensure the reliability, confidentiality, accuracy, timeliness and
completeness of CriminiU History Information. I further acknowledge that failure of this Agency to comply with
these duties and responsibilities will subject this Agency to various sanctions including .the termination of access to.
Criminal History hiformation.
Agency Administrator (Signature) Date
Please print name from above . Title
Department of Public Safety/Bureau of Criminal Apprehension Date
Criminal Justice Information Systems
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