Loading...
HomeMy WebLinkAbout05. COPLINK MOA AGENDA MEMO DATE: March 8, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Rick Esteves, Chief of Police SUBJECTMEMORANDUM OF AGREEMENT FOR THE LOS ANGELES : REGIONAL INTEGRATED LAW AND JUSTICE PROJECT RECOMMENDATION That the City Council approve a Memorandum of Agreement with the Regional Terrorism Information Integration System COPLINK agencies for Downey’s continued participation in the Los Angeles Regional Integrated Law and Justice Project (LARILJP). BACKGROUND The Downey Police Department currently shares law enforcement records information with all law enforcement agencies in Los Angeles County through the COPLINK database and is able to access more than two hundred million records to assist with its crime and terrorism investigations. Participation costs and the first three years of system maintenance were paid by grant funds from the Los Angeles County Sheriff’s Department and the Los Angeles Police Department. Agreement approval allows the Downey Police Department to continue its contribution of data and access to the COPLINK database. Participation can be withdrawn at any time. The maintenance agreement expires in August 2012. The proposed amended Memorandum of Agreement authorizes the LARILJP Governance Committee: power of authority for the 47 participating agencies to sign Intergovernmental Agreements and share information with other counties and cities in California and the nation authority to seek grant funding for the continued maintenance of the RTIIS and/or to discuss funding models for future maintenance costs by the participating agencies power to the Los Angeles County Counsel to act as the legal representative of the 47 participating agencies in the matters of the RTIIS The amended Memorandum of Agreement maintains a Hold Harmless clause that renders Source Agencies harmless for any information in COPLINK, or any action taken as a result of that data. There is a potential undetermined maintenance cost to continue participation that may occur in 2012, which would be divided among the 47 participating agencies. Such costs would be funded by Asset Forfeiture. FISCAL IMPACT Future maintenance costs would be paid for by Asset Forfeiture funds. There is no impact to the General Fund. H:\pwb\MYDOCUME\AGENDA\COPLINK MOA 2011.doc CITY OF DOWNEY, CALIFORNIA MEMORANDUM OF AGREEMENT FOR THE LOS ANGELES REGIONAL INTEGRATED LAW AND JUSTICE PROJECT AMONG THE REGIONAL TERRORISM INTELLIGENCE AND INTEGRATION SYSTEM PARTICIPATING AGENCIES I) Overview a) Background: The mission of the Los Angeles Regional Integrated Law and Justice Project ("LARILJP") is to coordinate the development and implementation of a regional justice information sharing system that will allow law enforcement agencies throughout Los Angeles County, as well as law enforcement agencies in other regions of the State and beyond which have entered into Intergovernmental Agreements (IGA’s), to share information in their case and records management systems. The goal is to protect the total community by efficiently and effectively providing accessible, accurate information for the speedy investigation and apprehension of terrorists and other law violators. The sharing of information shall be achieved through the COPLINK System ("COPLINK"). A "Contractor" (currently “i2”) shall install and maintain COPLINK. b) Intended Benefits: By sharing public safety information, LARILJP participating agencies and other participating agencies as approved through IGA’s ("Agencies" or Agency") will be able to improve their responses to terrorism and community crime. COPLINK provides sophisticated analytical tools that will allow authorized users to discover links and relationships by providing consolidated data across Los Angeles County. This will allow Agencies to solve previously "unsolvable" incidents and investigate serial criminal activity. c) Purpose: The purpose of this agreement ("Agreement") is to outline conditions under which the Agencies will share and use information in COPLINK. By signing this Agreement, Agencies, as well as all individuals who operate or use COPLINK, agree to adhere to the guidelines specified in this Agreement. d) Agency Participation: The LARILJP is a cooperative venture of justice agencies in Los Angeles County, California. Any law enforcement agency in Los Angeles County may apply to participate in LARILJP. To participate in LARILJP and have access to COPLINK, an Agency applicant shall apply to the LARILJP Governance Committee by submitting a proposal that outlines its intended use of COPLINK, the type of data it intends to contribute, and any other information requested by the Governance Committee. A simple majority vote of approval of the Governance Committee is required to approve an Agency's participation in COPLINK. Once approved, each Agency will proactively cooperate with other participating Agencies, the Contractor, and its own system vendors and or maintenance contractors to facilitate: 1) Network access and connectivity 2) Data extracts for engineering and testing purposes 3) Production extracts 4) Required modifications to their source systems 5) Regular data updates as agreed to during the design process 6) Timely review and approval of design documents and test results e) Agency Withdrawal: An Agency may withdraw from participation in COPLINK at any time by providing written notice to the LARILJP Governance Committee. If an Agency wishes its data withdrawn from COPLINK, the withdrawing Agency shall contact the Contractor and request data removal. The withdrawing Agency is responsible for the cost associated with the removal of its data from COPLINIK. II) AUTHORIZED RELEASE OF INFORMATION a) Sharing of Information: Each Agency authorizes the release of information residing in its records management system to all users of COPLINK as permitted by law. It is the responsibility of each Agency to specify which data to share, as well as any special requirements that may apply to certain kinds of information. An Agency that does not want certain data made available from its records management system to COPLINK is responsible for placing the appropriate restriction indicator on the underlying data in the agency's internal records management system or database. Under the authority of this Agreement, all RTIIS Member Agencies grant their authorization to the RTIIS Governance Committee and the Committee Chair for the limited purpose of executing IGA’s as approved by the County Counsel acting as the Legal Representative of the RTIIS. When those Agreements are approved as authorized, they will not require further review or approval by each participating agency. Such IGA’s shall have no material changes adversely affecting the participating agencies included in this Agreement. California law prohibits the release of victim information in specific sex related crimes, sealed juvenile records, and the release of summary criminal history to unauthorized persons. b) Limitation on Information Sharing: Information contributed by each Agency shall only be shared with or released to those Agencies that have entered into this Agreement or any approved IGA. Only authorized Agency employees who have an approved login and password ("Authorized Users") will be allowed to access or use information in the COPLINK System. c) Liability: Each Agency is solely responsible for any and all liability, claim, administrative proceedings, losses, expenses or any injury, including death or damage of any kind whatsoever, whether actual, alleged or threatened, including actual attorney fees, court costs, interest, defense costs and expenses associated there with including the use of experts, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of the Agency's use of the COPLINK system and/or its performance under this Agreement. d) Internal Audit: Each Agency shall name a System Administrator, who shall conduct an internal audit on a periodic basis to ensure information is reasonably up to date and user queries are made for legitimate law enforcement purposes. COPLINK will require each Authorized User to input the reason for the requested information before any information is generated. This information shall be recorded on COPLINK, and retained to allow the System Administrator to complete the internal audit. III) INFORMATION OWNERSHIP a) Ownership: Each Agency retains control of all information it provides through COPLINK. Each Agency is responsible for creating, updating, and deleting records in its own records management system or database, according to its own policies. Each Agency shall use its best efforts to insure the completeness and accuracy of its source data. b) Unauthorized Requests: Requests for information in COPLINK that is not authorized for viewing will be referred to the Agency that authored or originated the requested information ("Source Agency"). c) Prohibition Against Release of Information: No Agency nor Authorized User shall release or make available any information it has accessed to any person or entity not authorized to access the COPLINK system, or to any third party without the prior written approval of the Source Agency, or as required by law. d) Public Record Requests, Subpoenas and Court Orders: Any Agency receiving a public records request, subpoena, or court order ("Legal Request") for information in COPLINK authored by or originated by another Agency shall respond to the Legal Request, and shall immediately provide a copy of the Legal Request to the Source Agency System Administrator. IV) UNDERSTANDING ON ACCURACY OF INFORMATION a) Accuracyof Information: Agencies agree that the data maintained in COPLINK consists of information assumed to be accurate. Agencies will participate in several testing sessions, to validate and ensure that its information is accurate. However, data inaccuracies can arise from multiple reasons (e.g., entry errors, misinterpretation, outdated data, etc.). It shall be the responsibility of the Agency requesting or using the data to confirm the accuracy of the information with the Source Agency before taking any enforcement-related action. b) Timeliness of Information: Each Agency shall determine the frequency with which its data will be refreshed in COPLINK. In addition, each Agency has its own policy regarding the speed at which incidents are recorded in its internal records management systems. Since changes or additions to data do not get updated in COPLINK on a real-time basis, Agencies recognize that information may not always be timely and relevant. It shall b the responsibility of the requesting Agency to confirm the timeliness and relevance of the information with the Source Agency. Additionally, a data refresh schedule will be published by each System Administrator to enable a user to determine the potential timeliness of each Agency's data. c) Hold Harmless: To the extent permitted by law, Agencies agree to hold Source Agencies harmless for any information in COPLINK, or any action taken as a result of that data, regardless of whether the data is accurate or not, or any time delay associated with changes, additions, or deletions to the information contributed. This hold harmless provision shall not apply to the willful misconduct or gross negligence of Source Agencies. V) USER ACCESS a) Login Application Process: Each Agency's System Administrator is responsible for management of user accounts at that Agency. Each Agency agrees that all Authorized Users shall be current employees and be authorized to review criminal history data for legitimate purposes. Each potential user shall submit a request for a login and password to the Agency System Administrator. The Agency System Administrator shall have discretion to deny or revoke individual access. b) Login Assignment: Each Authorized User will be issued a user login and a default password by the Agency System Administrator. Upon logging into COPLINK for the first time, each Authorized User will change the default password to another password. Authorized Users may be assigned to groups that have different levels of access rights based on the level of restriction of the information. c) Provision of Agreement: The Agency System Administrator must provide a copy of the terms and conditions of this Agreement to all Authorized Users when they are issued a login ID for the system. d) Intended Use: Each Authorized User agrees that COPLINK, the information contained in it, and the networking resources it provides are to be used solely for purposes consistent with the mission of the LARILJP. Authorized Users acknowledge that the information COPLINK will be shared and used for authorize purposes only as permitted by law. Authorized Users shall not use or share the information for any unethical, illegal, or criminal purpose. e) Limitations on Use of Logons: An Authorized User may not access COPLINK by using a name or password that was assigned to another user. An authorized User cannot give his or her password to another person, including another user, to access the system. f) Audit Trail: Each transaction on COPLINK is logged and an audit trail is created. Each Agency System Administrator shall maintain the audit trail for a minimum of three years. Requests for transaction logs shall be made in writing by the Agency System Administrator, who shall provide the logs to the requesting party within a reasonable amount of time. g) Termination of Logins: Each Agency System Administrator is responsible for timely removal of any login accounts as Authorized Users leave the Agency, fail to meet the requirements of this Agreement, or are denied access by the Agency System Administrator for any other reason. VI) CONFIDENTIALITY OF INFORMATION a) Information Confidentiality: Information in COPLINK is confidential and is not subject to public disclosure, except as required by law. Only Authorized Users are allowed to view and use the information in COPLINK. The Information will otherwise be kept confidential. b) Internal Requests for Information: An Authorized User who receives a request from a non-authorized requestor for information in COPLINK shall not release that information, but may refer the requestor to the Source Agency. c) Removal or Expungement of Records: LARILJP shall determine a schedule for record deletion, removal expungement, and other edits. Any Agency that seeks to edit a record sooner than the scheduled time shall contact the Contractor directly and arrange for the change to be manually processed. VII) SYSTEM ACCESS a) Network Access: Access to COPLINK will be provided by a private network maintained by the Los Angeles County Sheriff's Department or any other secure network configuration that is mutually acceptable to the member agencies or others with which an approved IGA has been executed. b) System Availability: COPLINK shall operate 24-hours a day, 7-days a week, with downtime limited to those hours required for any necessary maintenance activities. VIII) SYSTEM MAINTENANCE a) Under the authority of this Agreement, all RTIIS Member Agencies grant their authorization to the RTIIS Governance Committee and the Committee Chair for the limited purpose of implementing a business model or funding mechanism for ongoing maintenance of the RTIIS system. Upon that business model or funding mechanism being identified, it may be implemented without further review or approval by each participating agency, to sustain the integrity of the RTIIS system. IX) AGREEMENT TERMS a) Term: This agreement will commence on the date that it is adopted by the first LARILJP participating Agency, and shall last until the last Agency withdraws, pursuant to section i.e. of this agreement. b) Changes to Agreement: Additional law enforcement agencies may be added to LARILJP by signing an amended copy of the Agreement, accepting its terms and conditions, and obtaining an approval by a simple majority of the LARILJP Governance Committee. Based on ongoing monitoring of COPLINK, Agencies may propose other changes to this Agreement. Such proposals require the approval of a simple majority of the participating Agencies. c) Supplemental Policies: An Agency may add individual guidelines for its own computers or networks providing they do not conflict with the provisions of this agreement. d) Sanctions for Non-Compliance: Any Agency that violates the guidelines of this may be disconnected from the COPLINK system. The Agency will be provided with a 60-day written notice of the violation, and the opportunity to correct the violation. Failure to meet the guidelines will result in the termination of System access for the offending Agency. All disputes concerning access shall be determined by a simple majority vote of the LARIJP Governance Committee. X) SIGN-OFF EXECUTION OF AGREEMENT By executing this agreement, each Agency acknowledges that it has received a copy of this agreement, and will comply with its terms and conditions. The individual executing this Agreement certifies that the person signing it is authorized by its Party to bind the represented agency to the terms and conditions of this amended Agreement. This Memorandum of Agreement may be executed in one or more counterparts, each of which will deemed an original, but all of which together will constitute one and the same instrument. A complete original will be kept on file with the Los Angeles County Police Chiefs’ Association. For all other purposes, facsimile signatures are acceptable as originals. CITY OF DOWNEY Dated:_______________________ By: __________________________ LUIS H. MARQUEZ, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ________________________ JOYCE E. DOYLE, Interim City Clerk YVETTE M. ABICH GARCIA, City Attorney