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Home My WebLink About1997-157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-157 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO PARTICIPATE IN THE PAROLE LEADS COMPUTER SYSTEM AND EXECUTE THE AGENCY PARTICIPATION AGREEMENT AND HOLD HARMLESS AGREEMENT WITH THE PAROLE AND COMMUNITY SERVICES DIVISION OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chief of Police of the City of San Bernardino is hereby authorized and directed to participate in the Parole LEADS computer system and execute the agency participation agreement and hold harmless agreement with the Parole and Community Services Division of the California Department of Corrections. III III III III III III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-157 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO PARTICIPATE IN THE PAROLE LEADS COMPUTER SYSTEM AND EXECUTE THE AGENCY PARTICIPATION AGREEMENT AND HOLD HARMLESS AGREEMENT WITH THE PAROLE AND COMMUNITY SERVICES DIVISION OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS. COUNCIL MEMBERS: NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER The foregoing resolution is May ,1997. Approved as to form and legal content; F. Penman, ttorney t), TC-- I III III III III AYES NAYS ABSTAIN x x x x x x x ABSENT ~Cia4J Rachel ~ _Cit'i Cler!hONJ-k here!:'; ~ved lfl/fJ;Jl_Ld:;f;;i<J r-/~,-)~ Tom Minor, Mayor F~om: PaTole ^uto~atlon S'Ist.m. CalifOept Q'Correctionlr Fax: 916-36El.2Q13 Ve:ce: 916-358.2242 TQ: Le. Dl'liln at: San BefTlardlno ~o!!c. D.partment Pag! 4.;)f5 TlT"sd~/. A;Jril29, 1997 0:10:44 PM ~ Parole L~EADS 97-157 Parole LEA.DS Agency Participation Agreement The Parole & Community Services Division (P&CSD) of Ihe California Department of Corrections (CDC) has implemented Parole LEADS (Parole l.a w Enforcem"nt A utomaled Data System) which provides parolee information to local la" enforcement agencies over a secure public Internet connection. The P&CSD Off~nder Information that will be provided to your agency usmg Parole LEADS is Criminal Offender Record Information (CORI). Releasing or copying CORl to non-authorized persons is a misdemeanor pursuant to Penal Code Sections 13302-13304. Any s"ch violation may be referred tu eiL"er the State Dcparhnent of Justice (DOn or local entities for prosecution. The CORI furnished by P&CSD is f,Jr official law enforce'ment purposes only. Your department or agency is required to comply with all security and technical provisions of Ihis agreement. Agency staff using CaRl information must have both a need to know and a right Ie know. Failure to abide' by the terms of this agr<>ement, including the attached Parole LEADS Policy and Procedures, may result in the termination of the sharing of Parole LEADS information with your deparhnent or agency. P&CSD makes no guarantee regarding the accuracy of Parole LEADS Information, and strongly encourages all participating agencies to verify Information with the local Parole Agent before taking any action or making any decision based on this Information. Additionally, it is strongly recommended that a Parole Agent b., involved, at least telephonically, in any parolee-related search to protect the admissibility of evidence. The data provided by Parolt LEADS is intended for crime al'lalysis or other law enforcement uses only. Summary or statistical information and reports regarding P&CSD offenders will not be released outside the law enforcement community (induding the news media) without confirmation from P&CSD's Deputy Director or designee that the data is accurate and complete. This paragraph is not meant to dissuade any agency from sharing LEADS information with other law enforcement agencies as long as each disclosure is journaled according to CORl regulations. Such sharing will be on a need-to-know, right-to-know basis and will not invoke the electronic exportation of multiple Parole LEADS records. Parole LEADS CORI will be accessed e,e1usively from authorized computer workstations at the local law enforcement agency's place of business, including a temporary command center. Any other access, including access from any personally owned, remote, mobile or home-based computer, is prohibited. The attache..i Policy and Procedures are a part of this agreement. These policy and procedures will be adhered to by every user of Parole LEADS. DOj and the P&C5D Security Administrator or designee is authorized to audit local agency security logs and security proc~dures at e.1Ch individual worksite UpOll writlen notice. I cerhfy that I am the chief law enforcement official of rr.y agency, and have the full power and authority to execute this agreement with CDC. I wili enS'Jre that my employees who access, copy, or use COR1 information from Parole /.EADS will be advised of the contents of this agreement, the attached policy and procedures, and wiII complete P&CSD approved traini."g befo!e using Parole LEADS data. I have signed the attached Parole /.EADS Participating Agency hold Harmless Atlreemenr. I also understand that 1 must designate a "primary contact" person (see below) and must resubmit this request when I wish the "primary contact" designation changed. This primary contact p€rson has the authority to speak fa! my agency as it pertains to Parole LEADS matters. ~~~- San Bernardino Police DepMtment or Agency Department Signature Chief of Police Title 5/19/97 Date Captain Robert Curtis Name of Primary Agency Contact J'v. ..'1)0 ,J/1J/9;' 1109) 384-5606 Primary Contact's Phone Number =rom; PuoleAutomatlon Systemli CatlfCeptofCorrections Fax; 91o..J68.201J Voice: 916-358-2242 To; L.u Dun at: San Bernar::llr.e porrce Department Page J of5 TCI'etday, Aprll29, 19a7 &:09:46 PM .' --> 1\11 \) Ie / !:'. r n, 97-157 Parole LEADS .. PARTICIPATING AGENCY HOLD HARJ.'\o1LESS AGREEME1'.i The State of California and the Department of Corrections and all officers and employees thereof connected with the use of the "Pamle LEADS," including but not limited to the Director, shall not be answerable or accouniable in any manner; for any loss or damage that may happen as a result of the use of information from the Parole LEADS or f,x injury 10 or death of any person, either employees of the user agency or the public; or for damage to property from any cause which might have been prevented by the State of California, the Department of Corrections, user agency, or anyone employed by or under contract with the uscr agency, the State of California or the Department of Corrections, The user ageacy shan be responsible for any liability imposed by law and for injuries to or death of any person includ:ng but not limited to, employees oCthe user agency und the public, or damage to property resulting from en-ors or omissions in data from the Parole LEADS or from any eause whatsoever. The user agency shaH indemnitY and hold harmless the State of California, the Depal1ment of Corrections and all officers and employees thereof connected with the Parele LEADS, including but not limited to the Director. from aii claims, suits or actions of every name, kind and description, brought forth, or on account of, injuries to or death of any person including but not limited to employees of the user agency and the public, or damage to FOperty as a result of use of information from the Parole LEADS or except as otherwise provided by statute. TIle duty of the user agency to indemnify and hold harmless includes the duties to defend as set fonn in Section 2778 cflhe Ci,'i1 Code. With respect to third party claims against thc user agenc)', the user agency waives any and all rights to any type of express or implied indemnity against the State of California and the Department of Corrections, its officers or employees. ~ &q.,- Signature ~~n RArn~rn;nn Pn';~A nor~rtment Department or Agency Chief of Police Title 5/19/97 Date rtr. 2.00 111$/97