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Home My WebLink About2006-423 '. ...,. 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. 2006-423 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 1: 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to execute the above referenced Participating Agency Hold Harmless Agreement and Agency Participation Agreement is rescinded if it is not issued within sixty (60) days of the passage ofthis resolution. III III III III III III 'p , 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2006-423 1 2 3 4 5 6 7 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 j oint regular meeting thereof, 8 held on the 4th day of December , 2006, by the following vote, to wit: Council Members Aves Navs x X X X X X X Abstain Absent ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK i'~ 2 4P (L+ City Clerk . ~ The foregoing resolution is hereby approved this _ t:;,~ day of December ,2006. Approved as to form: 9. ft a es F. Penman, City Attorney 2006-423 v' , . Parole LEADS 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. 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 ~CL/ Title (Y11{.'~ A. 73ILLPi Printed or Typed Name /2/ldob Dale ~~ ~"Q,rJA R..b\,..10 tbl\( F Department or Agency 1:::E:."?1<\ 12T"JV\r: AfT 2006-423 v . 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 (CORl). Releasing or copying CORl 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 (DOJ) or local entities for prosecution. The CORl 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 CORl 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. DAPO 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-knoWl right-ta-know basis and will not involve the electronic exportation of multiple Parole LEADS records. Parole LEADS CORl 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 horne-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. DOJ 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 CORl 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. ltWt<~ Signature ~Cbf Title /2./11/0;' Date /l11C.~ It. {JILL?>I Printed or Typed Name 1..8 D3<e I 0\::)0 CLETS Agency ID (ORI#) ~,J EE1ZN""Q.~\ N~ Y~:,L\ (~ ~?A i2:'r,rv'\~,..J,- Department or Agency L +, 1\ I+c.-\-k\ .K\,,^~l L Name of Primary Agency Contact ( Ccct ") 5>16 ~ - S:l&.a6 Primary Contact Phone # STATE OF CALIFORNIA-YOUTH AND ADULT CORRECTIONAL AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF CORRECTIONS & REHABILITATION 1515 S Street, 95814 P.O. Box 942883 Sacramento, CA 94283-0001 Thank you for your interest in participating in the California Department of Corrections & Rehabilitation's (CDCR) Parole LEADS program. As you may know, many California law enforcement agencies have found this program to be a valuable tool for querying information on California parolees. Currently there is no cost and/or financial obligations required for enrollment and ongoing participation in the Parole LEADS program. Per your request, enclosed please find a Parole LEADS Agency Agreement packet. Upon review and agreement to the terms stated within, please return the following signed documents: . Parole LEADS Agency Participation Agreement . Parole LEADS Participating Agency Hold Harmless Agreement These documents should then be mailed to: California Department of Corrections & Rehabilitation Division of Adult Parole Operations P.O. Box 942883, Room 212-N Sacramento, CA 94283-0001 Attn: Parole LEADS Once the CDCR, Division of Adult Parole Operations (DAPO) receives these signed agency agreements, your staff will be eligible to receive training on the use of Parole LEADS by an authorized trainer. Since your agency does not yet have an authorized Parole LEADS trainer, your staff can receive training from a participating agency in your surrounding area. All Parole LEADS users must receive the required training prior to being issued a valid logon and password. You will be contacted once a Parole LEADS Training for Trainers class is scheduled and a representative from your agency will be able to attend the required CDCR-sponsored class to become a Parole LEADS Trainer. If you have any questions or need additional information, please do not hesitate to contact the Parole Automation Systems UnitlParole LEADS Hotline at (916) 323-0151. Thank you for your interest in participating in the Parole LEADS program and we look forward to working with you. Thomas Hoffman Director Division of Adult Parole Operations 'I