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HomeMy WebLinkAboutResolution 2013-0044CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 44 Series of 2013 TITLE: A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN JEFFERSON COUNTY SHERIFF'S OFFICE AND THE CITIES OF ARVADA, GOLDEN, LAKEWOOD, WESTMINSTER, AND WHEAT RIDGE TO SHARE CRIMINAL INTELLIGENCE INFORMATION THROUGH THE CRIMENTEL SHARED DATABASE WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City Council ("Council"), is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for the protection of the public health, safety and welfare; and WHEREAS, pursuant to C .R.S. § 29-1-203, the City, Jefferson County (the "County"), and the cities of Arvada, Golden, Westminster and Lakewood are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the City, the County and each of the aforementioned cities are authorized to perform law enforcement functions; and WHEREAS, the Lakewood Police Department is establishing a central, computerized, countywide criminal intelligence information system for the purpose of assisting area law enforcement agencies in the investigation and prosecution of multijurisdictional criminal activities and enterprises; and WHEREAS, the Council finds that the City's use of such a shared criminal intelligence information system will aid the City's law enforcement efforts by providing timely information to officers concerning people involved in criminally oriented activities; and WHEREAS, the Council finds that timely access to such information could result in more efficient and coordinated law enforcement within the City and the area; and WHEREAS, the Council therefore determines that entering into a memorandum of understanding with the County and with other area municipalities concerning the maintenance and use of the countywide criminal intelligence information system established by the Lakewood Police Department would promote and protect the public health, safety and welfare of the citizens of Wheat Ridge; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to enter into contracts or agreements with other governmental units or special districts for joint use of buildings, equipment, facilities, or for furnishing or receiving commodities or services . NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, as follows: The attached Memorandum of Understanding between the following parties: Jefferson County Sheriffs Office and the cities of Arvada, Golden, Lakewood, Westminster, and Wheat Ridge for the sharing of criminal intelligence information. Section 1. is hereby approved . The Mayor and City Clerk are authorized to execute the same. Section 2. This Resolution shall be effective immediately. ATIEST: 2 A MEMORANDUM OF UNDERSTANDING BETWEEN THE FOLLOWING PARTIES: JEFFERSON COUNTY SHERIFF'S OFFICE AND THE CITIES OF ARVADA, GOLDEN, LAKEWOOD, WESTMINSTER, AND WHEAT RIDGE FOR THE SHARING OF CRIMINAL INTELLIGENCE INFORMATION 1.0 PARTIES. This Memorandum of Understanding (MOU) is entered into this 28th day of October, 2013 between the City of Lakewood by and through the Lakewood Police Department , which is responsible for coordinating the Jefferson County Intelligence System (JCIS) using Cl Technologies' CrimeNtel, and the Jefferson County Sheriffs Department, the Cities of Arvada , Golden Westminster and Wheat Ridge ("Participating Agencies" or "Participating Agency" individually). 2.0 RECITALS. 2.1 Participating Agencies are each authorized to provide, establish, maintain and operate law enforcement and other emergency services. 2.2 Currently, certain law enforcement information held by one law enforcement agency is not easily accessed by other law enforcement agencies. 2.3 Participating Agencies wish to share criminal intelligence information using a central computerized, countywide, criminal information system for the sole purpose of assisting law enforcement personnel in ongoing multijurisdictional investigations of prosecution activities relating to specific areas of criminal intelligence. 2.4 The sharing of criminal intelligence information will enhance the effectiveness of law enforcement by increasing information related to crime and criminal activities . 3.0 JCIS DESCRIPTION. 3.1 Establishment and Maintenance. The Lakewood Police Department shall establish and maintain a central, computerized, countywide criminal intelligence information system for the sole purpose of assisting local, state, and federal law enforcement agency personnel in ongoing multijurisdictional investigations or prosecution activities relating to specific areas of criminal activity. The intelligence system will be known as the Jefferson County Intelligence System (JCIS). The Lakewood Police Department will work with a private vendor, Cl Technologies, to develop and maintain the necessary computer programs to provide Participating Agencies with system access capabilities. 3.2 Purpose. The JCIS is designed to help law enforcement agencies in Jefferson County share intelligence in a useful, professional and timely manner. It is a central database and analysis system to help identify people involved in criminally oriented activity. Given timely access to investigative information in multiple jurisdictions, enforcement will be better coordinated and more effective . 1 3.3 Hardware . The system is available to Participating Agencies and Authorized Users via a server located at the Lakewood Police Department. Each Participating Agency or Authorized User will access JCIS through the World Wide Web using security and authentication through CrimeNtel. 4.0 DEFINITIONS. 28 CFR Part 23 -refers to Title 28 of the Code of Federal Regulations, Part 23, which is a guideline for law enforcement agencies that contains implementing standards for operating federally funded multijurisdictional criminal intelligence systems. Authorized User -An employee of a Participating Agency who has been authorized access to the JCIS by his or her Chief Executive Officer Chief Executive Officer (CEO) -Any Chief of Police or Sheriff. Criminal Intelligence Information -Data which has been evaluated to determine that it is relevant to the identification of and the criminal activity engaged in by an individual who, or organization which, is reasonably suspected of involvement in criminal activity or enterprise, and meets JCIS submission criteria. CrimeNtel -28 CFR Part 23 compliant software program created by Cl Technologies that will allow management of intelligence data entered into the Lakewood Police Department server. Entering Agency-A Participating Agency that enters the information into the JCIS. Need to Know -The necessity to obtain or receive criminal intelligence information in the performance of official responsibilities as a law enforcement or criminal justice authority . Non-Criminal Identifying Information -As permitted under the circumstances enumerated in Section 13.0, the names of individuals, locations , organizations, groups or businesses that are not suspected of criminal involvement, but that provide relevant descriptive identifying information regarding a subject who independently satisfies the reasonable suspicion standard, may be entered as Non- Criminal Identifying Information. Reasonable Suspicion -The presence of information which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise . Right to Know -The legal authority to obtain or receive criminal intelligence information pursuant to court order , statute or decisional law. Subject-An individual who is entered into the JCIS database . 2 5.0 JCIS MANAGEMENT. 5.1 JCIS Board 5.1.1 The JCIS Board advises all Participating Agencies in the JCIS on matters relating to system policy, purpose and use. 5.1.2 The JCIS Board consists of a representative from each Participating Agency, who has been designated by its CEO or designee. 5.1.3 The JCIS Board may make recommendations, advise, and report on all matters related to JCIS. Any Participating Agency may be heard on issues related to JCIS by addressing its concerns to the JCIS Board. 5.1.4 The JCIS Board shall elect a chairperson. 5.2 Operations. The City of Lakewood and the Lakewood Police Department shall host, support, and manage the JCIS using the CrimeNtel software, and shall assist in the enforcement of system policies in conjunction with the JCIS Board. See Appendix E for the fee structure, which shall be in place during and after the implementation of CrimeNtel. 6.0 JCIS ACCESS. 6.1 Conditions for Initial and Continuing Access. Only Participating Agencies and its Authorized Users may use the JCIS. Continued access is conditioned upon: 6.1.1 Successful completion of CrimeNtel training by at least one employee of the Participating Agency; and 6.1.2 Compliance with the JCIS Policy and Procedure Manual and User's Agreement, and 28 CFR Part 23. 6.2 Criteria for Access 6.2.1 Only employees of Participating Agencies whose duty is primary enforcement, or technical/logistical support of primary enforcement shall be Authorized Users, and granted authorization to access the JCIS. 6.2.2 Access to the JCIS, and the information contained therein, is restricted to those who have a Need to Know and a Right to Know such information in the performance of a law enforcement activity. 6.2.3 Only persons authorized by the CEO of a Participating Agency shall become Authorized Users who will be granted access to the JCIS. 6.2 .4 Only persons who have completed the CrimeNtel user-training course 3 shall be granted direct terminal access. 6.2.5 Only persons who have signed a Personal User Agreement shall be granted direct terminal access. 6.3 Mechanism for Access 6.3.1 The CEO of a Participating Agency shall notify the Lakewood Police Department in writing or by electronic means of the need for a person to become an Authorized User, and shall provide the person's full name, date of birth, and/or any other information that is necessary to identify the person (if applicable). 6.3.2 The Participating Agency will ensure the person so named has successfully completed the necessary steps to become an Authorized User of the JCIS. 7.0 TERMINATION OF JCIS ACCESS. 7.1 Criteria for Participating Agency Access Termination 7.1.1 Any breach of security in the JCIS caused by an employee of the Participating Agency. 7.1.2 Any violation of federal, state, or local law or regulation governing the conduct of criminal investigations or handling of Criminal Intelligence Information by the Participating Agency. 7.1.3 Any violation of JCIS rules, regulations or operating procedures by the Participating Agency, as stated in the JCIS Policy and Procedure Manual and User Agreement. 7.2 Process for Participating Agency Access Termination 7.2.1 Any incident that meets the definition of Criteria for Participating Agency Access Termination, as defined herein will be forwarded to the Lakewood Police CrimeNtel Administrative Support ("LPCAS"), who shall then inform the JCIS Board chairperson and/or the chairperson's designee. 7.2.2 If there is an alleged violation, the LPCAS has the discretion to temporarily suspend access to the JCIS database until the violation can be validated, to ensure that continued access does not risk JCIS integrity. 7.2.3 The LPCAS, in conjunction with the JCIS Board chairperson and/or the chairperson's designee, shall examine all material and information developed during the course of any review of an alleged violation. The entire JCIS Board may also be asked to review an alleged violation 4 and make a recommendation concerning access. 7 .2.4 When an Authorized User or Participat ing Agency is denied access , all records in the JCIS database that were submitted by the Authorized User or Participating Agency may be reviewed for compliance with federal, state , and local law and JCIS pol icy . The JCIS Board shall determine the nature and scope of the records to be reviewed under th is section. 7.3 Authorized User Access Termination Provisions 7.3 .1 Voluntary Termination Process . The Authorized User requesting voluntary termination , or the CEO of that Participating Agency , shall notify the Lakewood Police Department, in writing , of the voluntary termination. 7 .3.2 Involuntary Termination Process . When a misuse is detected , a notification of the alleged infraction shall be immediately forwarded to the LPCAS. The LPCAS has the discretion to temporarily suspend access to the JCIS database for any Authorized User under investigation for misuse of JC IS data. The LPCAS shall notify (or confirm with) the JCIS board member, at the Participating Agency where the Authorized User is employed , of the allegation . The LPCAS may assist the Part icipating Agency with any investigation of the alleged infraction , including obta ining information from the JCIS database on certa in queries and conduct ing interviews , if necessary . 8 .0 JCIS ACCESS RESTRICTIONS. 8 .1 Only Author ized Users shall make entries to the system , which must be consistent with the criteria established i n 28 CFR Part 23 and the JCIS Policy and Procedure Manual. 8.2 Inquiries shall be made for official law enforcement purposes only against all records in the system in accordance with the access levels as defined in Section 11 .0 . 8 .3 A Participating Agency shall update only its own entries . 8.4 Inquiries shall only be made from computers located within the Participating Agency , and physically secure from persons unauthorized to operate the JCIS. 9.0 ACCESS NOTIFICATIONS AND VERIFICATIONS. Upon request of a Participating Agency CEO , the Lakewood Police Department will provide a log of entries and inquiries made by that Participating Agency and/or Authorized User of the Participating Agency during the period requested . 10 .0 PHYSICAL SECURITY. 5 10.1 The JCIS computer shall be at the Lakewood Police Department, and shall be kept in a secure location , physically secure from persons unauthorized to operate or maintain the JCIS. 10.2 All outside access shall be via secure remote web link . 11.0 SECURITY AND ACCESS LEVELS. All users will be given a certain level of access. Level of access will be developed and set forth by the JCIS Board. An amendment to this guide shall be added once the levels of access have been determined and agreed upon. 12.0 GENERAL REQUIREMENTS FOR DATA ENTRY & MAINTENANCE 12.1 No Participating Agency or Authorized User shall enter or maintain information in the JCIS unless: 12.1 .1 The information meets the definition of Criminal Intelligence Information as defined herein and in the JCIS Policy and Procedure Manual; or 12.1 .2 The information meets the definition and criteria for Non-Criminal Identifying Information as defined herein and in the JCIS Policy and Procedure Manual. 12.2 No Participating Agency or Authorized User shall enter or maintain in the JCIS Criminal Intelligence Information containing the political, religious, or social views, associations or activities of any group, association, corporation, business, partnership, or other organization unless: 12.2.1 Such information directly relates to criminal conducUactivity; and 12.2.2 There is reasonable suspicion that the subject of the information is or may be involved in criminal conduct, activity, or enterprise. 12.3 No Participating Agency or Authorized User shall enter or maintain Criminal Intelligence Information in the JCIS which was obtained in violation of any applicable federal, state, or local law or ordinance. For purposes of this limitation , "obtained in violation of any applicable federal, state, or local law or ordinance" means that either: 12.3 .1 The person responsible for obtaining the information reasonably should know the information was so obtained; or 12.3.2 A court of competent jurisdiction has rendered a final judgment that the information was so obtained . 6 12.4 For the information entered into the JCIS, each Participating Agency is responsible for the continued compliance with 28 CFR Part 23 and the requirements of the JCIS Policy and Procedure Manual. 13.0 REQUIREMENTS FOR NON-CRIMINAL IDENTIFYING INFORMATION (PREMISE/ORGANIZATION/PERSON) ENTRY 13.1 The JCIS entry may include the names of individuals, organizations, groups or businesses that are not suspected of criminal involvement, but that provide relevant, descriptive , identifying information regarding a subject who independently satisfies the reasonable suspicion standard. The entry may be made providing that the following criteria exist: 13.1.1 Appropriate disclaimers accompany the information, noting that it is strictly identifying information carrying no criminal connotation. (IT IS MANDATORY THAT THIS INFORMATION CARRY THE FOLLOWING NOTE: "NON-CRIMINAL IDENTIFYING INFORMATION"); 13.1.2 Identifying information may not be used as an independent basis to meet the requirement of reasonable suspicion of involvement in criminal activity necessary to create a record or file in JCIS; and 13.1.3 The individual, organization, group or business identified by Non- Criminal Identifying Information meets all requirements of 28 CFR Part 23 and the JCIS Policy and Procedure Manual. 14 .0 RETENTION/PURGE SCHEDULE 14.1 Entries . 14.1.1 JCIS records retained in the system can be reviewed and validated for continuing compliance with system submission criteria within a 5-year retention period. Any information not validated within that period must be purged from the system. See 28 CFR Part 23.20(h). 14 .1.2 JCIS records are retained in the CrimeNtel system for five years from the date of entry or last update that meets 28 CFR Part 23 criteria . 15.0 CRITERIA AND GUIDELINES FOR DISSEMINATION 15 .1 Information contained in the JCIS will be disseminated only under the following circumstances : 15.1.1 The dissemination is made to a Participating Agency or Authorized User in connection with the performance of a law enforcement activity; or 7 15.1.2 The dissemination is made to a recipient with a Need to Know and a Right to Know in the performance of a law enforcement activity; or 15 .1.3 The dissemination of Criminal Intelligence Information to a government official or any other individual when necessary to avoid imminent danger to life or property . A copy of written approval from the CEO of the entering Participating Agency must be forwarded to the LPCAS within seventy-two hours, and must detail the imminent danger to life or property . 15.2 External dissemination records 15.2.1 Any dissemination of Criminal Intelligence Information contained in the JCIS that is made (under subsection 15.1 .2 or 15.1.3 above) other than to Participating Agencies shall result in a record being generated by the person making the dissemination. Such record shall contain, at a minimum, the identity of the person making the dissemination , the identity of the person to whom the dissemination was made, the reason for the dissemination, and the date of the dissemination. 15.2 .2 The Participating Agency making the dissemination shall maintain all records of external dissemination. A copy of such records shall be provided to the Lakewood Police Department within seventy-two hours of the dissemination. Failure to provide such records may result in access termination. 15.3 Records custodian 15.3 .1 Each Particiapating Agency shall be the official custodian of its own Criminal Intelligence Information and is empowered to release said records in compliance with the Colorado Criminal Justice Records Act (C.R.S. 24-72-301 , et. seq .) and as enumerated in Section 15.0._ 16.0 AUDITING 16.1 Periodic Audits/Inspections . Participating Agencies must create and maintain documentation supporting their record entries, and must make this documentation available to an authorized Audit Team. The Audit Team will consist of employees from the JCIS Board . Such audits, when conducted on JCIS records , shall be visual only. No Participating Agency documents will be removed by the JCIS Audit Team without the Participating Agency's permission. However, the JCIS Audit Team can make copies of pertinent Participating Agency documents for analysis . An inventory of all copied documents will be given to the Participating Agency for its records prior to the end of the on-site visit. 16.2 Audit Timing. Audits shall be conducted every three years for those agencies participating in JCIS . All information retained as a result of this audit must reflect the name of the reviewer, date of review, and explanation of decision to retain. Per 28 CFR Part 23 , the retention period is limited to a maximum of 8 five years without an update of the information. 16 .3 Audit Format. Audits will consist of reviews of the information retained in the JCIS to ensure the entering agency has documentation supporting the entry. The audit will also review any policies/procedures in place concerning JCIS , audit trails , and compliance with all JCIS policies . 16 .4 Prior Notification. The Participating Agency CEO will be informed in writing of any upcoming audits, including the date and what the audit will entail. 16.5 Special Audits. At the request of the JCIS Board , a special audit may be conducted to ensure the validity of records entered by the audited agency. The results of the audit report shall be forwarded to the JCIS Board within seventy-two hours for review . 17 .0 EFFECTIVE DATE AND TERM 17 .1 This MOU shall take effect on the date listed above. 17.2 This MOU shall remain in effect until terminated as provided herein . 17 .3 A Participating Agency may terminate its involvement in th is MOU upon providing a thirty-day written notice to the Lakewood Police Department. 18.0 POLICY CHANGES 18.1 Consultation . Policies identified in this document were established by the JCIS Board following consultation with executive heads of numerous law enforcement agencies that have an interest in JCIS services. Prior to any substantive revision or modification of this policy , the JCIS Board may consult with all Participating Agencies . 18.2 Not ification. When this policy statement is revised , all JCIS Participating Agencies shall be notified, in writing , of the change, and will receive a copy of the revised document. 19.0 OTHER TERMS AND CONDITIONS 19.1 Miscellaneous 19.1 .1 None of the Participating Agencies wa ive the rights , limitations , and defenses of the Colorado Governmental immunity Act or other rights or protections as otherwise provided by law . 19 .1.2 Any other law enforcement, public safety , or criminal justice agency that wishes to join this MOU may do so by amendment to this MOU approved by each of the Participating Agencies to this MOU . The Partic ipating Agencies are authorized to amend this MOU to accommodate additional agencies wishing to join in the MOU. 19 .1.3 Participating Agencies enter this MOU as separate , independent governmental entities and shall maintain such status throughout. 9 19.1.4 This MOU may be executed by Participating Agencies with separate signature pages. 20.0 ASSIGNMENT. This MOU shall not be assigned by any Participating Agency without the prior written consent of all Participating Agencies . 21.0 NOTICES. Any notice required or permitted by this MOU in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Participating Agency to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other Participating Agencies. Such notice shall be deemed to have been given when deposited in the United States mail. 22.0 PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the Participating Agencies and are not intended in any way to define, limit or describe the scope or intent of this MOU. 23.0 INTEGRATION AND AMENDMENT. This MOU represents the entire agreement between the Participating Agencies, and there are no oral or collateral agreements or understandings. This MOU may be amended only by an instrument in writing signed by the Participating Agencies. If any provision of this MOU is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this MOU shall continue in full force and effect. 24.0 GOVERNING LAW . This MOU shall be governed by the laws of the State of Colorado. 25.0 INSURANCE. Participating Agencies shall, at their own expense, keep in full force and effect during the term of this MOU, and during the term of any extension or amendment of this MOU, insurance reasonably sufficient to insure against the liability assumed by the Participating Agencies pursuant to the provisions of this MOU. The type and amount of such insurance shall be that which is customarily obtained for similar projects by other professionals engaged in the same field and type of work as the Participating Agencies and in accordance with generally- accepted professional practices. The Participating Agencies shall not be relieved of any liability assumed pursuant to the foregoing paragraph by reason of their failure to secure insurance as required by this MOU or by reason of their failure to secure insurance in sufficient amounts, sufficient durations, or sufficient types to cover such liability. Each Participating Agency shall, to the extent required by law be responsible for the acts and omissions of its own officials and employees and shall not be responsible for the acts or omissions of the officials or employees of other Participating Agencies or Authorized Users. 26.0 WORKERS' COMPENSATION . Participating Agencies shall, at their own expense, keep in full force and effect during the term of this MOU Statutory Worker's Compensation insurance or adequate self-insurance funds. 10 27 .0 COST/PAYMENT FOR SERVICES. The Parties to this MOU shall pay, to the City of Lakewood, funds for the services performed under this MOU as set forth in Exhibit E, or thereafter as modified pursuant to the requirements of Section 18.0. 27.1 All payments for services shall be made to the City of Lakewood no later than April 1st of each calendar year. 27.2 Agencies terminating their involvement with CrimeNtel will not be reimbursed for payments made during the calendar year. 28.0 FUND AVAILABILITY. A Participating Agency's participation in this MOU beyond the current fiscal year is contingent upon its council 's or commission's appropriation of funds for such purpose. 29.0 PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES. Participating Agencies acknowledge and agree that all payment obligations under this MOU are current expenditures of Participating Agencies, payable in the fiscal year for which funds are appropriated for the payment thereof. Participating Agencies' obligations under this MOU shall be from year-to-year only and shall not constitute a Multiple, fiscal year direct or indirect debt or other financial obligation of Participating Agencies within the meaning of Article X, Section 20 of the Colorado Constitution . 30.0 NO THIRD PARTY BENEFICIARIES. It is the express intention of the Participating Agencies that any person other than Participating Agencies receiving services or benefits under this MOU shall be deemed to be an incidental beneficiary only. 31.0 APPENDICES A-E. Appendices A-E are fully incorporated herein. [Signatures appear on the following pages.] 11 ATTEST: Kristen Rush, City Clerk 12 ARVADA POLICE DEPARTMENT 8101 Ralston Road Arvada, CO 80001 Don Wick, Chief of Police APPROVED AS TO FORM: Christopher K. Daly, City Attorney ATTEST: 13 GOLDEN POLICE DEPARTMENT 911 Tenth Street Golden , CO 80401 Bill Kilpatrick, Chief of Police APPROVED AS TO FORM: ATTEST: JEFFERSON COUNTY SHERIFF'S OFFICE 200 Jefferson County Parkway Golden, CO 80401 Ted Mink , Sheriff APPROVED AS TO FORM: 14 ATTEST: Margy Greer, City Clerk 15 LAKEWOOD POLICE DEPARTMENT 445 South Allison Parkway Lakewood, CO 80226 Kevin Paletta, Chief of Police APPROVED AS TO FORM: Janet Young, Deputy City Attorney ATTEST: APPROVED AS TO FORM: 16 ATTEST: WESTMINSTER POLICE DEPARTMENT 9110 Yates Street Westminster, CO 80031 Lee Birk, Chief of Police APPROVED AS TO FORM: 17 APPENDIX A JEFFERSON COUNTY INTELLIGENCE SYSTEM (JCIS) APPLICATION FORM AND AGENCY USER AGREEMENT APPLYING PARTICIPATING AGENCY NAME ADDRESS CHIEF EXECUTIVE OFFICER DATE PHONE# I hereby seek on-line access to the Jefferson County Intelligence System, I have read and understand the JCIS Policy and Procedure manual, and agree to comply with all applicable system policy, rule and law. (Signature of Law Enforcement Chief Executive) NUMBER OF SWORN OFFICERS EMPLOYED: NAME OF UNIT THAT SUPERVISES JEFFERSON COUNTY INTELLIGENCE SYSTEM (JCIS) ACCESS: NAME OF UNIT COMMANDER: ------------------ ADDRESS: PHONE#: ---------------------- User Agreements must be updated and signed any time a new Chief Executive Officer is appointed or elected. Forward completed user agreement to: Lakewood Police Department Special Investigations Unit 445 S. Allison Parkway Lakewood, CO 80226 FOR JEFFERSON COUNTY INTELLIGENCE SYSTEM BOARD USE ONLY This application is: [ ] APPROVED [ ] DENIED. Director, JCIS Advisory Board Date 18 APPENDIX B JEFFERSON COUNTY INTELLIGENCE SYSTEM (JCIS) AUTHORIZED USER AGREEMENT APPLYING USER NAME: AGENCY: OSN ORI : RANK: IMMEDIATE SUPERVISOR: ADDRESS OF PARTICIPATING AGENCY: PHONE NUMBER: E-MAIL ADDRESS: CURRENT ASSIGNMENT SHIFT: DUTIES RELATED TO JCIS : ----------------------- HAVE YOU EVER BEEN CONVICTED OF A FELONY? LEVEL REQUESTED: E-MAIL ADDRESS FOR LEVEL 5 USERS : I hereby seek on line access to the Jefferson County Intelligence System, I have read and understand the JCIS Policy and Procedure manual , and agree to comply with all applicable system policy, rule and law. (Signature of Applicant) DATED: E-MAIL ADDRESS : ----------------------- IF THE LEVEL REQUESTED IS Ill OR HIGHER, STATE YOUR "RIGHT TO KNOW" AND "NEED TO KNOW": (Signature of Agency CEO, if Levell II or higher access is requested) Dated: FOR JEFFERSON COUNTY INTELLIGENCE SYSTEM BOARD USE ONLY This application is: [ ] APPROVED [ ] DENIED. Director, JCIS Advisory Board Date 19 APPENDIXC JEFFERSON COUNTY INTELLIGENCE SYSTEM USER SITE SECURITY INSPECTION AND AUDIT FORM User Agency: OR I: ------------------------------- User Email: Name/Rank of Officer Interviewed: 1) CrimeNtel Terminal Location: Security Provisions : --------------------------------------------- 2) CrimeNtellnformation Location: Security Provisions: --------------------------------------------- 3) Has the user's agency established written procedures covering the use of JCIS information? Yes No If not, why? 4) Does the user have a system in place for providing a written audit trail of JCIS Information? Yes No If not, why? 5) Is the user in compliance with all JCIS policy? Yes No ---- If not, which policy and explain why? 6) User feedback on the JCIS system : FOR JEFFERSON COUNTY INTELLIGENCE SYSTEM BOARD USE ONLY Is any follow-up required to this visit? Re-check in months ------ 20 Letter from JCIS Advisory Board Chairperson: Investigation Summary: Explanation: Auditor Name: Date: 21 APPENDIX D 28 CFR Part 23 Guideline Executive Order 12291 These regulations are not a "major rule" as defined by section 1 (b) of Executive Order No. 12291,3 CFR part 127 (1981), because they do not result in: (a) An effect on the economy of $100 million or more, (b) a major increase in any costs or prices, or (c) adverse effects on competition, employment, investment, productivity, or innovation among American enterprises. Regulatory Flexibility Act These regulations are not a rule within the meaning of the Regulatory Flexibility Act, 5 U.S.C . 601-612 . These regulations, if promulgated, will not have a "significant" economic impact on a substantial number of small "entities," as defined by the Regulatory Flexibility Act. Paperwork Reduction Act There are no collection of information requirements contained in the proposed regulation. List of Subjects in 28 CFR Part 23 Administrative practice and procedure, Grant programs, Intelligence, Law Enforcement. For the reasons set out in the preamble, title 28, part 23 of the Code of Federal Regulations is revised to read as follows: PART 23--CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES Sec . 1. Purpose. 2. Background. 3. Applicability. 4. Operating principles. 5. Funding guidelines. 6. Monitoring and auditing of grants for the funding of intelligence systems. Authority: 42 U.S.C. 3782(a); 42 U.S.C. 3789g(c). § 23.1 Purpose. The purpose of this regulation is to assure that all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C . 3711, et seq., as amended (Pub . L. 90-351, as amended by Pub. L. 91-644, Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157, Pub. L. 98- 473, Pub. L. 99-570, Pub. L. 100-690, and Pub. L. 101-647), are utilized in conformance with the privacy and constitutional rights of individuals. 22 § 23.2 Background. It is recognized that certain criminal activities, including but not limited to, loan sharking, drug trafficking, trafficking in stolen property, gambling, extortion, smuggling, bribery, and corruption of public officials often involve some degree of regular coordination and permanent organization involving a large number of participants over a broad geographical area. The exposure of such ongoing networks of criminal activity can be aided by the pooling of information about such activities. However, because the collection and exchange of intelligence data necessary to support control of serious criminal activity may represent potential threats to the privacy of individuals to whom such data relates, policy guidelines for federally funded projects are required. § 23.3 Applicability. (a) These policy standards are applicable to all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 91-644, Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub . L. 95-115, Pub. L. 96-157, Pub. L. 98-473, Pub. L. 99-570, Pub. L. 100-690, and Pub. L. 101-647). (b) As used in these policies: (1) Criminal Intelligence System or Intelligence System means the arrangements, equipment, facilities, and procedures used for the receipt, storage, interagency exchange or dissemination, and analysis of criminal intelligence information; (2) lnterjurisdictional Intelligence System means an intelligence system which involves two or more participating agencies representing different governmental units or jurisdictions; (3) Criminal Intelligence Information means data which has been evaluated to determine that it: (i) is relevant to the identification of and the criminal activity engaged in by an individual who or organization which is reasonably suspected of involvement in criminal activity, and (ii) meets criminal intelligence system submission criteria; (4) Participating Agency means an agency of local, county, State, Federal, or other governmental unit which exercises law enforcement or criminal investigation authority and which is authorized to submit and receive criminal intelligence information through an interjurisdictional intelligence system. A participating agency may be a member or a nonmember of an interjurisdictional intelligence system; (5) Intelligence Project or Project means the organizational unit which operates an intelligence system on behalf of and for the benefit of a single agency or the organization which operates an interjurisdictional intelligence system on behalf of a group of participating agencies; and 23 (6) Validation of Information means the procedures governing the periodic review of criminal intelligence information to assure its continuing compliance with system submission criteria established by regulation or program policy. § 23.20 Operating principles. (a) A project shall collect and maintain criminal intelligence information concerning an individual only if there is reasonable suspicion that the individual is involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity. (b) A project shall not collect or maintain criminal intelligence information about the political , religious or social views, associations, or activities of any individual or any group, association, corporation, business, partnership, or other organization unless such information directly relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity. (c) Reasonable Suspicion or Criminal Predicate is established when information exists which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise. In an interjurisdictional intelligence system, the project is responsible for establishing the existence of reasonable suspicion of criminal activity either through examination of supporting information submitted by a participating agency or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project. (d) A project shall not include in any criminal intelligence system information, which has been obtained in violation of any applicable Federal, State, or local law or ordinance . In an interjurisdictional intelligence system , the project is responsible for establishing that no information is entered in violation of Federal, State, or local laws , either through examination of supporting information submitted by a participating agency or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project. (e) A project or authorized recipient shall disseminate criminal intelligence information only where there is a need to know and a right to know the information in the performance of a law enforcement activity. (f)(1) Except as noted in paragraph (f)(2) of this section, a project shall disseminate criminal intelligence information only to law enforcement authorities who shall agree to follow procedures regarding information receipt, maintenance, security, and dissemination which are consistent with these principles. (f)(2) Paragraph (f)(1) of this section shall not limit the dissemination of an assessment of criminal intelligence information to a government official or to any other individual, when necessary, to avoid imminent danger to life or property. 24 (g) A project maintaining criminal intelligence information shall ensure that administrative, technical, and physical safeguards (including audit trails) are adopted to insure against unauthorized access and against intentional or unintentional damage. A record indicating who has been given information, the reason for release of the information, and the date of each dissemination outside the project shall be kept. Information shall be labeled to indicate levels of sensitivity, levels of confidence, and the identity of submitting agencies and control officials. Each project must establish written definitions for the need to know and right to know standards for dissemination to other agencies as provided in paragraph (e) of this section. The project is responsible for establishing the existence of an inquirer's need to know and right to know the information being requested either through inquiry or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the project. Each intelligence project shall assure that the following security requirements are implemented: (1) Where appropriate, projects must adopt effective and technologically advanced computer software and hardware designs to prevent unauthorized access to the information contained in the system; (2) The project must restrict access to its facilities, operating environment and documentation to organizations and personnel authorized by the project; (3) The project must store information in the system in a manner such that it cannot be modified, destroyed, accessed, or purged without authorization; (4) The project must institute procedures to protect criminal intelligence information from unauthorized access, theft, sabotage, fire, flood, or other natural or manmade disaster; (5) The project must promulgate rules and regulations based on good cause for implementing its authority to screen, reject for employment, transfer, or remove personnel authorized to have direct access to the system; and (6) A project may authorize and utilize remote (off-premises) system databases to the extent that they comply with these security requirements. (h) All projects shall adopt procedures to assure that all information which is retained by a project has relevancy and importance . Such procedures shall provide for the periodic review of information and the destruction of any information which is misleading, obsolete or otherwise unreliable and shall require that any recipient agencies be advised of such changes which involve errors or corrections. All information retained as a result of this review must reflect the name of the reviewer, date of review and explanation of decision to retain. Information retained in the system must be reviewed and validated for continuing compliance with system submission criteria before the expiration of its retention period, which in no event shall be longer than five (5) years. (i) If funds awarded under the Act are used to support the operation of an intelligence system, then: 25 (1) No project shall make direct remote terminal access to intelligence information available to system participants, except as specifically approved by the Office of Justice Programs (OJP) based on a determination that the system has adequate policies and procedures in place to insure that it is accessible only to authorized systems users; and (2) A project shall undertake no major modifications to system design without prior grantor agency approval. 0) A project shall notify the grantor agency prior to initiation of formal information exchange procedures with any Federal, State, regional, or other information systems not indicated in the grant documents as initially approved at time of award. (k) A project shall make assurances that there will be no purchase or use in the course of the project of any electronic, mechanical, or other device for surveillance purposes that is in violation of the provisions of the Electronic Communications Privacy Act of 1986, Public Law 99-508, 18 U.S.C. 2510-2520, 2701-2709 and 3121-3125, or any applicable State statute related to wiretapping and surveillance. (I) A project shall make assurances that there will be no harassment or interference with any lawful political activities as part of the intelligence operation. (m) A project shall adopt sanctions for unauthorized access, utilization, or disclosure of information contained in the system . (n) A participating agency of an interjurisdictional intelligence system must maintain in its agency files information which documents each submission to the system and supports compliance with project entry criteria . Participating agency files supporting system submissions must be made available for reasonable audit and inspection by project representatives . Project representatives will conduct participating agency inspection and audit in such a manner so as to protect the confidentiality and sensitivity of participating agency intelligence records. (o) The Attorney General or designee may waive, in whole or in part, the applicability of a particular requirement or requirements contained in this part with respect to a criminal intelligence system, or for a class of submitters or users of such system, upon a clear and convincing showing that such waiver would enhance the collection, maintenance or dissemination of information in the criminal intelligence system, while ensuring that such system would not be utilized in violation of the privacy and constitutional rights of individuals or any applicable state or federal law. § 23.30 Funding guidelines. The following funding guidelines shall apply to all Crime Control Act funded discretionary assistance awards and Bureau of Justice Assistance (BJA) formula grant program subgrants, a purpose of which is to support the operation of an intelligence system. Intelligence systems shall only be funded where a grantee/subgrantee agrees to adhere to the principles set forth above and the project meets the following criteria: 26 (a) The proposed collection and exchange of criminal intelligence information has been coordinated with and will support ongoing or proposed investigatory or prosecutorial activities relating to specific areas of criminal activity. (b) The areas of criminal activity for which intelligence information is to be utilized represent a significant and recognized threat to the population and: (1) Are either undertaken for the purpose of seeking illegal power or profits or pose a threat to the life and property of citizens; and (2) Involve a significant degree of permanent criminal organization ; or (3) Are not limited to one jurisdiction. (c) The head of a government agency or an individual with general policy-making authority who has been expressly delegated such control and supervision by the head of the agency will retain control and supervision of information collection and dissemination for the criminal intelligence system. This official shall certify in writing that he or she takes full responsibility and will be accountable for the information maintained by and disseminated from the system and that the operation of the system will be in compliance with the principles set forth in § 23.20. (d) Where the system is an interjurisdictional criminal intelligence system, the governmental agency which exercises control and supervision over the operation of the system shall require that the head of that agency or an individual with general policymaking authority who has been expressly delegated such control and supervision by the head of the agency: (1) Assumes official responsibility and accountability for actions taken in the name of the joint entity, and (2) Certify in writing that the official takes full responsibility and will be accountable for insuring that the information transmitted to the interjurisdictional system or to participating agencies will be in compliance with the principles set forth in § 23.20. The principles set forth in § 23.20 shall be made part of the by-laws or operating procedures for that system . Each participating agency, as a condition of participation , must accept in writing those principles which govern the submission, maintenance and dissemination of information included as part of the interjurisdictional system . (e) Intelligence information will be collected, maintained and disseminated primarily for State and local law enforcement efforts , including efforts involving Federal participation. 27 § 23.40 Monitoring and auditing of grants for the funding of intelligence systems. (a) Awards for the funding of intelligence systems will receive specialized monitoring and audit in accordance with a plan designed to insure compliance with operating principles as set forth in § 23.20 . The plan shall be approved prior to award of funds. (b) All such awards shall be subject to a special condition requiring compliance with the principles set forth in§ 23.20 . (c) An annual notice will be published by OJP which will indicate the existence and the objective of all systems for the continuing interjurisdictional exchange of criminal intelligence information which are subject to the 28 CFR Part 23 Criminal Intelligence Systems Policies. 28 Appendix E CrimeNtel will work on a database server located and maintained at the Lakewood Police Department and a web based server that will be accessible via smart phone, lap top and/or remote computer. Both will be maintained by the City of Lakewood Information Technology Department. It has taken 156 hours of IT (Information Technology) time and 35 hours of SIU (Special Investigation Unit) time to get the system ready for users and in compliance with applicable laws . Now that the system is in place, it is estimated that it will take 50 hours of annual routine maintenance (IT) and 10 hours for system administration (SIU) beginning in 2014 . These personnel costs are at $75 an hour for IT and $30 for SIU. These estimates do not include any additional upgrades after the system is fully operational. Those will be considered on an individual basis as any upgrades become available or as participating agencies request them and with board approval. Database Server Web Server CRIMENTEL COSTS Annual Annual Upfront Licensing Upfront Licensing Costs Costs VMWare Server $1,569 $353 $1 ,569 $353 Equallogic PS6100E SAN $972 $107 storage (500 GB max) Microsoft Windows Server $471 $471 2008 CommVault iData Agent for $650 $130 Windows Server Web certificate $250 Microsoft SQL Server 2008 $2,909 Totals: $6,572 $590 $2,290 $353 29 INITIAL COST SUMMARY: Database Initial Cost: Web Server Initial Cost: IT Initial Costs: SIU Initial Costs: TOTAL INITIAL COST: ESTIMATED ANNUAL COST SUMMARY: Database Costs: Webserver Licensing Costs: IT Annual Maintenance Costs: SIU Annual Maintenance Costs: TOTAL ANNUAL COST: $6572.00 $943.00 $11,700.00 $1,050.00 $20,265.00 $590.00 $353.00 $3,750.00 $300.00 $4,993.00 Each agency will be responsible for an equal share of the total costs. The total amount of this share will be dependent on the number of agencies participating in the agreement and cost of the personnel time. Currently, the following six agencies have agreed to participate: Jefferson County Sheriff's Office, Arvada, Westminster, Wheat Ridge, Golden and Lakewood Police Departments. Breakdown of Costs/Agency: • Upfront/One time: • Annual (2014): $20,265.00/six (6) participating agencies= $4,993.00/six (6) participating agencies= 30 $3,377.50 $832.17