HomeMy WebLinkAboutAgenda Report - March 16, 2005 E-11AGENDA ITEM E'01 I
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Authorize the City Manager to approve a Memorandum of Understanding
between San Joaquin County law enforcement agencies for the purpose of
establishing a data sharing network referred to as the Justice Data Link
(JDL).
MEETING DATE: March 16,2005
PREPARED B Y Jerry J. Adams, Chief of Police
RECOMMENDEDACTION: That the City Council authorize the City Managerto approve a
Memorandum of Understanding between San Joaquin County law
enforcement agencies for the purpose of establishing a data sharing
network referred to as the Justice Data Link (JDL).
BACKGROUND INFORMATION: The San Joaquin County Law Enforcement Justice Data Link
provides better communication among law enforcement agencies in
San Joaquin County. The Justice Data Link will allow law
enforcement agencies within our county to search names, vehicles,
etc ... against each others' databases in an effort to solve crimes through enhanced communication and cooperation
between agencies, Some of the investigative tools the JDL will provide for police officers will include, but not be
limited to:
Demographic data including AKA's, addresses and phone numbers
• All known local, state and federal identification numbers
■ All available case or field identification information
Access to mug shots
• Access to fingerprint ID
■ Access to case files if allowed and/or approved by the lead agency
The MOU has been reviewed by Deputy City Attorney Janice Magdich and approved as to form.
FISCAL IMPACT: Costs associated with this project are being paid through federal grant
funding obtained by the San Joaquin County Sheriffs Departmentand
through local RemoteAccess Network (RAN) board funding. Chief Adams
is the Chairman for the Countywide RAN Committee. No local match is
required to complete this countywide project and any local agency
expenditures for this Data Link will be reimbursed by the Grant or RAN
Funds.
FUNDING AVAILABLE: N/A
cc: City Attorney
ZI-4e xL/aii�
ifirry J. Adams
Chief of Police
APPROVED:
Blair King, City NFenager
COPY
San Joaquin Justice Data Link
Memorandum of Understanding
REMOTE ACCESS NETWORKED DATABASES
This memorandum of understanding (hereinafter "MOU") is entered into this day of
,2004 betweenthe following participating agencieswithin San Joaquin County:
CityAgencies: Escalon Police Department, Lathrop Police Department, Lodi Police Department,
Manteca Police Department, Ripon Police Department, Stockton Police Department, and
Tracy Police Department
San Joaquin CountyAgencies: Sheriffs Department, District Attorney, Probation
State of California: Highway Patrol Stockton, Highway Patrol Tracy
DEFINITIONS
• SYSTEM. Temporary namefo r the Tiburon database. The initial name will be Tiburon
IDB. Once other RMS systems are added the name Tiburonproduct is named the Justice
Data Link. It is in the interest of ourgroup to create a name unique to this system.
• CAL -Identification System / CAL -ID. Penal Code Section 11112.1 established the
California Identification (CAL -ID) System. The CAL -ID program is a division of the
CaliforniaDepartment ofJustice (DOJ) which manages a network ofoverfourteen hundred
devices dedicated to the matching offingerprintsfor thepurpose ofprotecting thepublic.
• Remote Access Network / RAN. Penal Code Section 11112,1 also established the
development aE a identification network in each county. The network was createdfor
accessing and managing the !den rification cf individuals in California. This section also
required each county to select represen tative�(o r the RANBoard toprovide management of
the CAL-IDIR4N funds.
• Memorandum ofUnderstandin2/ MOU. ThislnteragencyDatabaseMOUwas devised to
identify a set ofguidelinesfo r the members cf the San Joaquin CountyR<4N agencies. This
document was created under the guidance cf the RAN Board.
• Remote Access Network Databases. For thepurpose of thisMOU, RANDatabases will be
those accessiblefrom the equipment managed by or related to the RAN Member agencies.
• Remote Field Access. The term remote field access represents accessing data available
through the RAN network outside of the normal office locations. In most instances devices
used to access data remotely are called Mobile Data Computers (MDC).
• Technical Advisow Committee / TAC. The TAC provides the RAN Board with
recommendationsand managementfor technically related matters ofthe RAN system. The
TA Chas representationfor all RANinember agencies. The members of the TACrepresent
various levels of technical. administrative andprogrammatic experience.
• AKAs / Also Known As. AK& are common amongst those committing crimes. Combining
AK,4s to single individuals proves to be very valuable when investigating crimes and
criminal behavior.
San Joaquin County JDL MOU 10-22-2004—Page 1 of 7
• County Criminal Justice Information System/ CJIS. San Joaquin County maintains a
central UIS system that links law andjustice related datafrom the Sheriff.- Courts and
District Attorney. The acronym cf CJISis extremely common in the law andjustice world.
Many cities, counties and states maintain their individual UIS systems with various levels of
participation and data.
Juvenile Justice Information System I JJIS. Similar to the County CHS, JJIS is a
collection of data related to minors in the law andjustice system. A major difference
between the CJISand JJIS systems is the higher level of confidentiality considerationfor
juveniles.
• Records Management System / RMS. Each agency maintains casefiles in a computerized
records management system (RMS). Tete purpose cf the SYSTEM is to create a methodfor
linking all the data into a single data file. Once created the SYSTEM will allow all agencies
to share experience and names.
• Custody Information System/ CusInS, This database contains the majority of Custody
related information from the management of the Sheriff's Jail Operations. CuslnS also
works as intermediate softwarefo r the management cf focal mugshots and fingerprints.
PURPOSE
The purpose of the MOU is (1) to outline the mission and procedures of the San Joaquin County
Remote Access Network Databases (hereinafter referred to as "SYSTEM'), and (2) to specify
relationships between the participating agencies.
MISSION
The SYSTEMProgram is designed to allow all law enforcement agencies in San Joaquin Conntyto
share vital identif cationinformation from all information systems used by the various departments.
The program is created on the premise that the ability of law enforcement to positively identify
individualswill enhance their ability to protect the community. The mission ofthe SYSTEM -vOlbe
to provide as much identification information to each agency that is available to be shared. To that
end the participating agencies agree to this Memorandum of Understanding(MOU) concerning the
creation and use of the SYSTEM. The participating agenciesjointly and separatelyagreeto abideby
the terms and provisions of this MOU throughout the operation of the database.
GOALS
The SYSTEM Program will: 1) identify individuals, allow for investigations, provide remote field
access when possible; 2) maintain communications with the participating agencies and other
divisions of the SYSTEM to realize maximum effectiveuse of the data andminimize the chances of
damage or interference with any otherprogram; 3) coordinatethese efforts with allied agencies who
request assistance while working toward similar targets or goals; 4) provide additional education to
law enforcement officers relative to use of the SYSTEM.
PROCEDURES
San Joaquin County JDL MDU 10-22-2004 —Page 2 of 7
The San Joaquin County RAN Board will assign a manager to administer the program and provide
coordination between the RAN Board, SYSTEM participating agencies and members o f the RAN
Technical Advisory Committee. The SYSTEM will include demographic and case related data as
agreed upon by the RAN Board.
Those individuals to be included in the SYSTEM will include all individuals that have a record on
file with any of the participating agencies.
The primary data elements will include but not be limited to:
1. All demographic data including AKAs, last know addresses and phone.
2. All known local, state, and federal identification numbers.
3. All available case or field identification information.
4. Access to mug shots.
5. Access to fingerprintID.
6. Access to case files if allowed and/or approved by the lead agency.
COMPOSZTION OF THE DATA FOR THE SYSTEM
The SYSTEM will consist of data from the Tiburon Records Management System utilized by the
Sheriffs Department and Stockton PD and the following systems, Escalon PD —RIMS, Lodi PD —
Data 911, Manteca PD —New World, Tracy PD — West Covina Systems, Ripon PD —RIMS. Data
for Adult Probation, Juvenile Probation and the District Attorney will be coordinated through the
County CHS, CusInS and JJIS systems
CHANGES IN AGENCY AND SYSTEM SOFTWARE
By agreeing to the terms of this MOU each participating agency agrees to coordinate any proposed
changes to their computer systems which may affect the data-sharingwith the SYSTEM. This will
include any changes to software, hardware, operating systems, networking infrastructure and policy
that affects this agreement.
COSTS ASSOCIATED WITH PARTICIPATION
Costs associated with the SYSTEM, which are directly attributableto the data-sharingprograms,are
eligible for reimbursementby the RAN finding. Each request for reimbursementwill be developed
by working through the RAN Technical Advisory Committee. Requests will be considered only at
scheduled RAN Board Meetings.
SECURITY
Each agency that provides data to or uses data from the SYSTEM is responsible for adhering to
California Department of Justice standards and policies in regards to the security and accuracy of
information provided to the SYSTEM. This responsibilityincludes, but is not limitedto, the training
of employees who access and update the SYSTEM systems; records security and accuracy; timely
purging of records; and court-ordered sealing of information.
San Joaquin County IDL MOU 10-22-2004 —Page 3 of 7
POLICY AND DIRECTION
The policy and direction of the SYSTEM will be consistent with and governed by the Mission,
Goals, and Procedures statements of this document.
CONFIDENTIAL INFORMATION
It is understood that any confidential information relating to demographic, case or departmental
information will only be shared with participating SYSTEM members or other law enforcement
agencies having a "rightto know" and a "need to know."
LOCATION
The SYSTEMwill operate from physical space inside the San Joaquin County Sheriffs Department.
RESOURCES
Participating agencies agree to provide supportin staff, physical, and communicationresources to the
SYSTEM where available, provided each agency's primary mission is not compromised.
PERSONNEL AND ADMINISTRATIVE MATTERS
Compensation
Each agency agrees to assume all compensation for their staff assigned to the SYSTEM.
Auditing and Reports
All SYSTEM investigative records will be maintained at the San Joaquin County Sheriffs
Department. Reports and summaries ofSYSTEMusagewill beprepared and itunished toall
participating agencies through the RAN Board. All SYSTEM informationwill be available
to each of the participating law enforcement agencies.
Liability
Each agency shall assume the responsibility and liability for the acts and omissionso f its own
officers, agents, or employees in connection with the performance of their official duties
under this MOU. For tort liability purposes, no participating agency shall be consideredthe
agent of the other participating agencies. Each participating agency shall be liable (if at all)
only for the torts of its own personnel that occur within the scope of their official duties.
The provisions contained herein include any violation of applicable law, ordinance,
regulation, orrule, includingwhere the claim, loss, damage, charge or expense was causedby
deliberate, willful, or criminal acts of any agency, or any of its agents, officers, or employees
in its, or their performance hereunder.
It is the intent of the parties hereto that, where negligence is determined to have been
contributory, principles of comparativenegligence will be followed and each party shall bear
San Joaquin County JDL MOU 10-22-2004—Page 4 of 7
the proportionate cost of any loss, damage, expense and liability attributableto that partys
negligence.
The agencies shall establishproceduresto notifythe other agencies, through the management
established by the RAN Board, where appropriate of any claims, administrative actions or
legal actions with respect to any of the matters described in this indemnification provision,
The agencies shall cooperate in the defense of such actions brought by others with respect to
the matters covered in this MOU. Nothing set forth in this memorandum of understanding
shall establish a standard of care for, or create any legal rights in, any person not a party to
this MOU.
Non -waiver
Waiver of any breach or default hereunder shall not constitute a continuing waiver or a
waiver of any subsequent breach either of the same or of anotherprovision of this MOU.
Modification
No waiver, alteration, modification, or termination of this MOU shallbe valid unless made in
writing and signed by the authorizedparties hereof. Any waiver, alteration, modification, or
termination of this MOU shall require a minimum of 30 days notice to the RAN Board.
Counterparts
This MOU may be executed in one or more counterparts, each of which shall be deemed to
be an original, but all of which together shall constitute but one and the same instrument.
Captions
The headings or captions to the Articles of this MOU are not apart of the MOU and shall
have no effect upon the construction or interpretation of any part thereof.
Severability
If any term, covenant, or condition of this MOU is held by a court of competentjurisdiction
to be invalid. the remainder of this MOU shall remain in full force and effect.
Ambiguities
The parties have each carefully reviewed this MOU and have agreed to each term of this
MOU. No ambiguity shall be presumed to be construed against any other party.
Governing Law
The interpretation and enforcement of the MOU shall be governedby the laws ofthe State of
California, and where applicable, by federal law. The parties agree to submit any disputes
arising under the MOU to a court of competent jurisdiction located in San JoaquinCo j
California. Qui .
Terms of Agreement
It is agreed that this Memorandum of Understandingwill he in force from the date o fthe last
agency signing this document. The portion ofthe MOU relating to a specific agency maybe
San Joaquin County JDL MOU 10-22-2004 —Page 5 of 7
terminated at anytime by aparticipating agency delivering awritten notice oftermination to
the other participating agencies and the RAN Board with a minimum of 30 days notice. An
agency's termination of their involvement in the SYSTEM will not negate the continuing
agencies' participation and agreement under the existing MOU.
Integration
This MOU embodies the entire agreement of the parties in relation to the scope of services
herein described, and no other agreement or understanding, verbal or otherwise, exists
between the parties with the exception ofcontracts assigned pursuant to the issuanceof grant
funds.
Dated
San Joaquin County Sheriffs Department
Sheriff Baxter Dunn
Dated:
San Joaquin County District Attorney's Office
District Attorney, John Phillips
Dated
San Joaquin County Probation Department
County Probation Officer, Chris Hope
�[�
``l ated:
City of Stockton
City Manager, Mark Lewis
Dated:
mit of Lodi
Blair King , ty Manager
.IT-� Vated:
Lodi oli Department
--V "' - . �-j "ated: ( �A 1 CJI o-1
Stockton Police Department
Approved
Midf I T. Rishwain
Assisfant City Attorney
City 4f Stockton
Approve"/ as to Form:
.
Ja0ce D. Magdich
----B putt' City Attorney
City of Lodi
San Joaquin County JDL MOU 10-22-2004- p age 6 of 7
Dated:
California Highway Patrol - Stockton
Dated:
California Highway Patrol - Tracy
Dated:
Escalon Police Department
Dated:
Tracy Police Department
Dated:
Lathrop Police Department
Dated:
Manteca Police Department
San Joaquin County JDL MOU 10-22-2004— Page 7 of 7