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HomeMy WebLinkAboutResolution 5683 . . . RESOLUTION 5683 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE MOUNDS VIEW POLICE DEPARTMENT AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY (DPS) FOR PREDATORY OFFENDER REGISTRATION (POR) DATABASE ACCESS WHEREAS, The City of Mounds View Police Department maintains a record of registered sex offenders living within the city limits, as required by state statute; WHEREAS, the Department of Public Safety (DPS) has developed a web based database of registered sex offenders residing within Minnesota; WHEREAS, access to the DPS database would allow the Mounds View Police Department to more effectively and accurately update and verify its in house sex offender files; WHEREAS, to access and participate in the DPS database, a municipalities Chief Executive Officer must authorize entering into a joint powers agreement, drafted and provided by the State Attorney General's Office; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View approves entering into a Joint Powers Agreement with the Department of Public Safety for Predatory Offender Registration database access, and authorizes the Clerk-Administrator and the Acting Police Chief to formalize said agreement. Attest Adopted this 28th day of January 2002. .,~ k:;--- ~ - Richard Sorte,rre, Mayo~ ~ ~t-< o~/i,-l~:-<,4 (:-)/714,1..l----/ , Kathleen Miller, City Administrator SEAL Ivlotion: THOMAS Second: STIGNEY Sonterre: aye Stigney: aye Thomas: aye Marty: aye .' . . STATE OF M~cSOT A DEPARTMENT OF PUBLIC SAFETY MINNESOTA PREDATORY OFFENDER REGISTRATION DATABASE ACCESS AGREEMENT # According to Minnesota Statute 471.59" Subd. 10, the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, Predatory Offender Registration Unit, (DPS) and City of Moundsview, Police Department. a Minnesota Criminal Justice Agency as defined in Minnesota Statute, Chapter 299C.46. Subdivision 2, (Agency) enter into this Joint Powers Agreement on December 15, 2001. This agreement details the obligations and requirements of the Agency that is connected to the State's Criminal Justice Data Communications Network (CIDN) and that will have access to the Minnesota Predatory Offender Registration Database (POR) or may acquire POR intormation through a third party who has direct access to paR through the CIDN. The DPS is the organization set forth by Minnesota Statute as being responsible for the administration and operation of the State's paR Database. I) AGREEl\tIENTS REGARDING I~'FORMATION With respect to paR information and related information as maintained and/or provided by DPS, it is agreed that: A) DPS will furnish to Agency, via a web interface, such information as is available from the paR Database. Agency will not furnish any intormation from the paR Database to a non-criminal justice entity. B) DPS reserves the right to suspend furnishing POR information to Agency when any rule, policy, or procedure has been, or appears to have been. violated. DPS may reinstate the furnishing of paR information upon receipt of satisfactory assurances that such violation did not occur or has been corrected. C) Agency will output reports and other hard copy products containing paR information only to printers within the Agency, Only Authorized Employees will mmsport. handle, and store paR output documents. The Agcncy is responsible tor the correct and legal dissemination and use of all data and records it receives. D) DPS will log all transactions of the paR Database. DPS will maintain these logs for at least one year from the date of the transaction. E) An individual's right to review and challengc his/her own record is an integral part of the system. Agency will require appropriate identification. including fingerprinting, of the individual betore any paR information is disseminated to the individual. The originating agency may verify that fingerprints associated with the record nll file are those of the individual to verify tbat he/she is who he/she purpmls to be. Bj PEI<.SO:\f\:EL ,\) '\~~CIll':Y a!:,rces to Cllllliuct l'riminal hisk\r: "heeks nIl a1l Agency employees whn will have access tl) r'OR iIl;,'rl1lal.illI1, :\I1,\~,cncy cl11pl,):c~ '\'ill) i~ Il,'rc'lcarcd '.vill n()t ha\\~ ~1l'U~S~ tu [hl.' POk inl;"!'m,lIi"11 Onl:- ,\u\h,'ri7c:.l Emp[,)ycc, w:i\ h~l\C :k'':c~';S Il) PCR int"O;'IT1,lliol"!, P:I:Tl' ! IH") . . . B) Under its authority and supervision, Agency will screen all personnel who have access to any of the interconnect equipment. This screening will also apply to all maintenance personnel, contract technical personnel, and other individuals having unescorted access to any of the interconnected equipment. C) Agency may promulgate policies and procedures directed toward protection, security, and dissemination of the data. D) In the event of an emergency related to an individual's health or well being, an Authorized Employee must accompany those persons answering the emergency call if the event is located in an area where security of the CJDN and its associated data system could be compromised. E) An Authorized Employee must escort casual visitors or those on tour of the Agency in areas where the equipment is located and is responsible for their presence at all times. F) Agency agrees to initiate, at the request of the DPS, disciplinary action, up to and including termination of personnel having access to POR systems, where such persons violate the provisions of this agreement or other security requirements established for the collection, storage, or dissemination of POR information, Agency will assist in the criminal prosecution of such individuals when Federal or State laws have been violated. G) DPS will provide system training to personnel assigned by Agency receiving POR information. Training may be in the form of a formal class, computer based training, or self-study guide. H) DPS will provide documentation and/or manuals on the correct use of the POR Database for users. Agency will disseminate the documentation or manuals to all of its employees who utilize the POR Database. Agency will maintain this documentation and/or these manuals in a secure manner. III) DAT A/INFOR1tIA nON A) DPS and Agency will determine the accesses Agency will be allowed. Agency may request additional accesses. Agency agrees that the decision of DPS as to what information will be made available to Agency is finaL B) Agency mllst verify data and information that Agency receives from the POR Database with the originating agency before acting upon it. C) Agency must abide by the ;\;Iinnesota Data Practices Act and applicable Federal Statutes in its access, use, storage, and dissemination of all data and information entered into or received from the POR Database. IV) COSTS: A) ~ct\Vork communication line costs fall under the CJDN Access Agreement. B) All maintenance costs fIll" Agency owned equipment is the responsibility of Agency, V) ,\DDITIOi\AL TER~\![S A, Agency Illust pI'll\ ide ,~del/Llale physical ,eL:lLrity lel pmlcct against any LlnaLllhuril.ed persunnel gaining ,I,",:e\, 1,) the ,',)!TmLli.cr L:qlliprnenl ,,,' ell ::lny .,ftllL Stl'I'l:d data l()r ,111 clc..:trllllic equipment thar is Itlk;,(',)nnectcd lL' tile C.iDi\ 'rhi, inc:ude, c:qllipl1lelll pi'< 1\ ided by [he DPS ;lnd :\geney ,1I1d Cquiplllcill ~lL'q~liri...~d (]"\ )111 ;tny, 'rih.~r ::-.\)111\.:0.::-. Fai!li;';~ by .\:;l~!1('Y IU pn)vidC' ~ld~ql!ale :-::(~curi.ty \\'ill \\";lIT:lllT the r':Jl1l1\~l: .,i' :,!k' ':llllir'i1:c'l:r :'r. 'LIl ;lcc'~'"in~ ill(' POJ{ L);,ll:ll'a,,~ :tlld 1 he 1,~J IJ'-.' nel \\\lrk P;l~Jt\ -, Ilf ~ . . . B) Agency must keep all rooms containing interconnected equipment locked from exterior entry at all times. C) Agency agrees to regard tampering with, or attempting to compromise security as serious offenses resulting in Agency taking disciplinary action against individuals involved in such offenses. D) Agency will have no "dial-in" lines into the Agency's Multiple Access Computer unless that access conforms to DPS Security Policy as outlined in the CJDN Access Agreement. E) Either DPS or Agency rriay propose changes to this agreement. The modifications will not become effective until DPS and Agency fuBy execute an addendum or amendment to this agreement. F) This agreement will become effective on December 14, 2001, or upon the date that the final required signature is obtained by DPS, pursuant to Minn. Stat. ~ 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until December 15,2006, or until all obligations set forth in this agreement have been satisfactorily fulfilled or the agreement has been canceled, whichever happens tirst. G) Either DPS or Agency may, upon 90 days written notice, terminate this agreement. H) Agency is responsible for the cost of all facilities, devices, or equipment set forth in this agreement which contribute to the security and safety of the cns System within the Agency. I) The Agency agrees that designated DPS employees will have the authority to audit, monitor, and inspect all procedures and facilities established pursuant to this agreement. This will include DPS's right to attempt to breach Agency's security as it relates to the provisions of this agreement. J) Agency shall indemnify, save, and hold DPS, its representatives, and its employees hannless from any and all claims or causes of action, including all attorneys' fees incurred by DPS, arising from the performance of this agreement by Agency or Agency's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies Agency may have for DPS failure to fultill its obligations pursuant to this agreement. Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act. Minnesota Statutes SS 466.01-466,15 and other applicable law. K) DPS and Agency will abide by all present and future rules, policies, and procedures adopted by DPS or the N"LETS Board of Directors. or as approved by the FBI-NCIC Policy Board and adopted by FBI- NOC. 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 peril)d in which an agency can submit written comments to DPS, L) If Agency provides POR information access and/or services to another agency, it must have a written agreement with that agency. Agency m~st provide a copy of the agreement and any amendments to DPS. This does not prohibit Agency from providing information, on a one-time basis per case, to another Law Enforcen1ent Agency that is conducting an investigation in Agency's jurisdiction, "I) The books. records. documents and accollnting procedures and practices of Agency and its employees. agents ur subcontractnrs relevant to this agreement shall be made available and subject to examination by DPS. including the contracting Agency/Division. Legislative Auditor, and State Auditur t'or a minimum period \)1' six years from the end t)f this agrcemc:nt \I) \L-\i\AGE\IF:\T ('ONTROL I r \~C.~lli:Y l.kll.2~ j~()i ;. 1\\ 11 :llllL\ Ii' \ 'peLlh.:: It;:; \ )\\'rl \..~LjUipnlcI1t. ir JllU~i. ha\'c' Ll :\Llnagcillcut C"unl!"oi .-\~l\~Lnlcnt \'-iii', the' Cl11ity ;'r, "iding :he? ,,'~i':i\:,? '\ hiL'!l.. ~11 a rninimul11. mllsr inL'lnd,: the \)Il()\\"in~: 1': H! i.' "1 !)( ~ n,' . . . A) The ability of Agency to set and enforce priorities for the system usage, which includes the CIDN functions having the highest priority on the system. B) Agency will have the right to screen for employment in areas where the equipment is located or the system is maintained and reject all persons who do not meet the security screening requirements. C) The entity providing service to Agency will agree to and abide by all the requirements of the paR Database Access Agreement and all of its amendments and successors. VII) DEFll~ITIONS A) Authorized Employee. An employee who has been granted clearance by Agency thereby allowing access to paR information. Agency, in granting the clearance, must have done a criminal history check on the employee. B) Criminal Justice Agency. This will have the same meaning as contained in Minnesota Statutes, Chapter 299C.46, Subdivision 2, or subsequent State law or regulations which may supersede Minnesota Statutes, Chapter 299C.46, Subdivision 2. C) paR information. The digital images and corresponding data elements transmitted to the paR database, D) 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. E) Authorized Access Device. A device in a user agency which, by virtue of a signed contract with Department of Public Safety, is allowed access to the criminal justice information systems. F) Casual Visitors. Persons who have irregular access to the Data Center. G) Computcr Center. The specific location(s) of all computers and associated equipment including terminals and printers, upon which criminal justice information is processed. H) Data Center. Thc total physical space(s), inclusive of the computer center, where criminal justice information systems are developed. maintained, or operated. l) Management ControL The authority to set and enforce standards for the selection and termination ot' personnel, and for policy governing the operation of computers, telecommunications devices, and circuits used to process criminal justice information insofar as the equipment is used to process, store, or transmit the information, Management control includes the supervision of the systems design, programming, and operating procedures for the development. modification, maintenance, and processing of computerized criminal justice information either as a function by itself or with other non- criminal justice applications. .1) Multiple Access Computer. An electronic device that has multiple input and/or output units such as terminals and printers, or is attached to ()r part of a network that has multiple devices or computers on It. This does not include stand akme mi.::m .::ompulers, Kl NCTC I Natillnal Crime Intl:>rmarion Centerl. ,\ divisiun of the Federal Bureau of Investigation l)f the c.~,S, !JejXlnment uf.lusti.::c which maintams ,1 nationwide compureriz.:d information system established ~b ~l sel'\' ice I'll all .::rill1in,t/ jusri.::e agenL'iL's - l(Jcll. sralc~, and federal. NCIC's main purpose is to :lssist ,hc~ ..:rilllinal,iu~tl.::c ,\r:pllizati,)ns in pcrt'l'lrmill~ [heir duties hy !l(',)\'iding a .::nmputerized i'iling sy~tc?m i)j' a,:nlr:Hc and rilTll~I:, dUCulllented inti\rm:u;"!l. readily available to cad] crimin;:d jll~iice organizaril1!l, P:l!.l"c 4.lli':1 . . . L) NLETS (National Law Enforcement Telel:ommunications System). NLETS is an incorporated, non- profit organization whose purpose is to provide a nationwide criminal justice data communications system. M) Permanent Visitors. Persons having regular access to the Data Center but who are not Authorized Employees. This term shall include contract and vendor personnel who have access to the Data Center. VIII) ACKNOWLEDGMENT As the individual responsible for Agency, I hereby acknowledge the responsibilities and duties set forth in this agreement as well as in 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 ofPOR 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 POR information. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY AGENCY certifies that the appropriate person(s) have (with delegated authority) executed this agreement on behalf of the AGENCY as required by applicable articles, bylaws, resolutions, or ordinances. , By: ~~,-..~~r~L- '" BY:'~, - Title: ~ -Il~._. Title: tv, A'i O'~ . 3 I~'} hi sloe.. Date: {;J ~ I - J <-- Date )' ~ d- 1.: r ~ By: LLNlA i ~ "'1 ~b,t./lA.,.~Q-^/~-"\ Title: \)..tLV,J-\ C\....;-..t':" I A-<,t<\I"'b ~)\~('~C.\":.<b Date '~ II 3 l;x OO.;~ 4. ATTORNEY GENERAL 3. DEPARTMENT OF ADMINISTRATION Approved to sign on behalf of the attorney general as to form and execution: 18~ By: I Date: Date: P::~~(' :) t )1" :)