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Home My WebLink About18-Police Department .. ,. OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION From: Chief Michael A Billdt Subject: RESOLUTION OF 1HE MAYOR AND CDMMON CDUNOL OF 1HE OTY OF SAN BERNARDINO AUTHORIZING 1HE o-nEF OF POLICE TO EXECUTE APARTIOPATING AGENCY HOlD HARMLESS AGREEMENT AND AGENCY PARTIOPATION AGREEMENT WITH 1HE STATE OF CALIFORNIA DEPARTMENT OF CDRRECTIONS. Council Meeting: December 4, 2006 Dept: Police Department Date: November 29,2006 ORIGINAL Synopsis of Previous Council Action None Recommended Motion: Adopt Resolution Y1l~~ MIrnAEL A BILlDT o-nEF OF POLICE Contact person: Lieutenant Mitchal Kimball Phone: 384-5785 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: None Council Notes: ~s (J dol)(, -~.23 Finance e e e OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION STAFF REPORT SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a Participating Agency Hold Harmless Agreement and Agency Participation Agreement with the State of California Department of Corrections. BACKGROUND Parole LEADS is an acronym for Parole Law Enforcement Automated Data System, a web- based computer application which provides local law enforcement agencies with photos and information about parolees supervised by the Division of Adult Parole Operations of the California Department of Corrections. The data and photos in the Parole LEADS system are supplied from parole units statewide. Parole LEADS was designed and implemented in 1997 to meet crime analysis needs. Parole LEADS allows local law enforcement agencies to access parolee information to obtain information about their particular group of parolees (example - parolees within the city limits). Additionally, queries can be made for selected parolees within a particular jurisdiction or on a statewide basis. A mapping tool is available within the system that locates parolees on a jurisdictional map and allows quick access to individual parolee records. The San Bernardino Police Department has been an authorized user of the Parole LEADS system since 1997, when Chief Lee Dean signed the first Parole LEADS Participating Agency Hold Harmless Agreement and Agency Participation Agreement. During the last nine years, the Parole LEADS data system has become an outstanding tool for the San Bernardino Police Department. It is used daily by officers who work as parole liaisons with the State of California Department of Corrections. The system allows Police parole coordinators to accurately track parolees within the City of San Bernardino. As of September 30, 2006, there were 1,942 known paroles residing within the city. Tracking their locations is critical to ongoing parole compliance audits and provides an added benefit to police officers investigating parolee related crime. Continued participation and access to this critical information system requires the signature of current Chief of Police, Michael A. Billdt. FINANCIAL IMPACT None. RECOMMENDA nON Adopt resolution. e 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 e e RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A PARTICIPATING AGENCY HOLD HARMLESS AGREEMENT AND AGENCY PARTICIPATION AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS. SECTION]: The Mayor and Common Council of the City of San Bernardino hereby authorize the Chief of Police to execute a Participating Agency Hold Harmless Agreement with the State of California Department of Corrections. The Participating Agency Hold Harmless Agreement and Agency Participation Agreement allow authorized members of the San Bernardino Police Department to access the State of California Department of Corrections Parole Law Enforcement Automated Data System (Parole-LEADS). SECTION 2: Pursuant to this determination, the Chief of Police is hereby authorized and directed to execute a Participating Agency Hold Harmless Agreement and Agency Participation Agreement with the State of California Department of Corrections renewing the existing Parole - LEADS Agreement. SECTION 3: The authorization to execute the above referenced Participating Agency Hold Harmless Agreement and Agency Participation Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution. III III III III . III III YLo. It. / Jl./f /tJ~ e e 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A PARTICIPATING AGENCY HOLD HARMLESS AGREEMENT AND AGENCY PARTICIPATION AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, day of , 2006, by the following vote, to wit: held on the 9 Council Members 10 ESTRADA 11 Navs Abstain Absent Aves BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2006. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: t - ft a es F. Penman, City Attorney , Parole LEADS e PARTICIPATING AGENCY HOLD HARMLESS AGREEMENT The State of California and the Department of Corrections & Rehabilitation and all officers and employees thereof connected with the use of the Parole LEADS, including but not limited to the Director, shall not be answerable or accountable in any manner; for any loss or damage that may happen as a result of the use of information from the Parole LEADS or for injury to 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 user agency, or anyone employed by or under contract with the user agency. e The user agency shall hold harmless the State of California, the Department of Corrections & Rehabilitation, and all officers and employees thereof connected with the Parole LEADS, including but not limited to the Director, from all 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 property as a result of use of information from the Parole LEADS or except as otherwise provided by statute. The user agency shall not be responsible for liability, injuries, death, damages or indemnification to the State therefore caused by the sole negligence of the State or its agents. Signature Title Printed or Typed Name Date Department or Agency e e e Parole LEADS Agency Participation Agreement The Division of Adult Parole Operations (DAPO) of the California Department of Corrections and Rehabilitation (CDCR) has implemented Parole LEADS (Parole Law Enforcement Automated Data System) which provides parolee information to local law enforcement agencies over a secure public Internet connection. The DAPO Offender Information that will be provided to your agency using Parole LEADS is Criminal Offender Record Information (CaRl). Releasing or copying CaRl to non-authorized persons is a misdemeanor pursuant to Penal Code Sections 13302-13304. Any such violation may be referred to either the State Department of Justice (DOl) or local entities for prosecution. The CaRl furnished by DAPO is for official law enforcement purposes only. Your department or agency is required to comply with all security and technical provisions of this agreement. Agency staff using CaRl information must have both a need to know and a right to know. Failure to abide by the terms of this agreement, including the attached Parole LEADS Policy and Procedures, may result in the termination of the sharing of Parole LEADS information with your department or agency. CAPO 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 be involved, at least telephonically, in any parolee-related search to protect the admissibility of evidence. The data provided by Parole LEADS is intended for crime analysis or other law enforcement uses only. Summary or statistical information and reports regarding DAPO offenders will not be released outside the law enforcement community (including the news media) without confirmation from DAPO's Deputy Director or designee that the data is accurate and complete. This paragraph is not meant to dissuade any agency from sharing Parole LEADS information with other law enforcement agencies as long as each disclosure is joumaled according to CORl regulations. Such sharing will be on a need-to-know, right-to-know basis and will not involve the electronic exportation of multiple Parole LEADS records. Parole LEADS CaRl will be accessed exclusively 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 attached Policy and Procedures are a part of this agreement. These policy and procedures will be adhered to by every user of Parole LEADS. DOl and the DAPO Security Administrator or designee is authorized to audit local agency security logs and security procedures at each individual worksite upon written notice. I certify that I am the chief law enforcement official of my agency, and have the full power and authority to execute this agreement with CDCR. I will ensure that my employees who access, copy, or use CaRl information from Parole LEADS will be advised of the contents of this agreement, the attached policy and procedures, and will complete DAPO-approved training before using Parole LEADS data. I have signed the attached Parole LEADS Participating Agency Hold Harmless Agreement. I also understand that I must designate a "primary contact" person (see below) and must resubmit this request when I wish the "primary contact" designation changed. This primary contact person has the authority to speak for my agency as it pertains to Parole LEADS matters. Signature Title Date Printed or Typed Name CLETS Agency 10 (ORI#) Department or Agency Name of Primary Agency Contact Primary Contact Phone #