02-643�R1C1����
Presented By:
RESOLUTION
Council File # p � _ Gy3
Green Sheet # 203435
OF SAINT PAUL, MINNESOTA
Referred To: Committee:Date:
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2 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the
3 attached agreement with the Minnesota Department of Public Safety for access to the Minnesota
4 Predatory Offender Registration Database (POR). A copy of said agreement is to be kept on file and
5 on record in the Of6ce of Financial Services.
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Requested by Department of:
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By:
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.D�rPARTh7ENTlOFPICE/COUNGL DATE INITIATED
Police 6/14/02 GREEN SHEET No. 203435
NTA E P N INITIAVDATE INRWJOATE
ChiefWilliamF��ey 292-3588 1 0�,�,,,�,�o��oa_ 4 arYCOUwce__T�a��Vsj=
MUSTBEON OUNCILAGENDABY(DATE) ��
Please process ASAP ❑2 cm�n,rawEV�_ �crrrry CC�
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TOTAL # OF SIGNATURE PAGES 1 (CL1P ALL LOCATIONS FOR S{GNATURE)
CT10N REQUESTED
Approval of the attached councIl resolution authorizing the City of Saint Paul Police Department to enter into an access agreement with the
State of Miunesota, Deparhnent of Public Safety telating to the Minnesoh Predatory Offender Registiation dahbase.
RECOMMENDATION App�ove (A) o� RejeC[ (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has this personlfirtn ever vrorked under a contrac[ for this department�
PLANNING COMMISSION YES NO
CIB COMMITfEE 2. Has this persoNfirm ever been a city employee?
CIVIL SERVICE COMMISSION YES NO
3. Does this persoNfirm possess a skill not normally possessed by any cufrerrt city employee>
YES NO
4. Is Nis pereoNfirtn a targeted vendoR
YES NO
Explain all yes answers on separete sheet and attach to green sheet
INITIA7ING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI�
The State of Minnesota maintains a database of all registered sex offenders in the state of Minnesota. The St Paul Police Department
investigative units and Internet Crimes Against Children (ICAC) task force make regular checks of that database during the course of
the'u investigations. The Department of Public Safety has developed a website wluch allows law enforcement to access tlus database via
the intemet. Tlus agreement will allow members of the sex ciimes unit and ICAC task force to access the database.
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ADVANTAGESIFAPPROVED
Approval of the access agreement will allow for immediate access to the records maintained by the state on registered sex offenders. Tlus
will help reduce the time needed for this aspect of inves6gations and also provide access to the database on a 24-hour basis.
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DISADVANTAGESIFAPPROVED F� ZOU
None
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DISADVANTAGESIFNO7APPROVED
Invesrigations of certaiu sex crunes may be delayed wlule waiting for a records technician to seazch a database and get back to us. It
would also deny us access to the data after noimal business hours wluch could cause unnecessary and critical delays in breaking
investigations. _
TOTAL AMOUNT OF TRANSACTION $ None C0.ST/f2EVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION (EXPLAIN) '�
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! ICACaccesstoPredatorvOffendorReeistrarionStateapteement.cr.ps.2002
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STATE OF MINNFSOTA
DEPARTMEI�T QF PUBLIC SAFETY
MINNESOTA PREDATORY OFFENDER REGISTRATION DATABASE
ACCESSAGREEMENT#
According to Minnesota Statute 471.59., Subd. 10, the State of Minnesota, acting through its Commissioner of Public
Safety, Bureau of Criminal Apprehension, Predatory Offender Registration Unit, (DPS) and Ciry of St. Paul, Police
Department, a Minnesota Criminal Justice Agency as defined in Minnesota Statute, Chapter 299C.46, Subdivision 2,
(Agency) enter into this Joint Powers Ageement on June 1, 2002.
This agreement details the obligations and requirements of the Agency that is connected to the State's Criminal Jusfice
Data Communications Network (CJDl� and that will have access to the Minnesota Predatory Offender Registration
Database (POR) or may acquue POR information through a third party who has direct access to POR throu� the
CSDN.
The DPS is the organiaation set forth by Minnesota Statute as being responsible for the administration and operafion of
the State's POR Database.
I) AGREEMENTS REGARDING INFORMATION
With respect to POR information and re]ated informadon as maintained and/or provided by DPS, it is agreed that:
A) DPS will fumish to Agency, via a web i�terface, such information as is available from the POR Database.
Agency will not fiunish any information from the POR Database to a non-criminal justice entity.
B) DPS ieserves the tight to suspend fumishing POR information to Agency when any rule, policy, or procedure
has been, or appeazs to have been, violated. DPS may reinstate the fumishing of POR informapon upon receipt
of sadsfactory assurances tha[ such violafion did no[ occur or has been correcced.
C) Agency will output reports and other hazd copy products containing POR information only to printers within
the Agency. Only Authorized Employees will vanspoR, handle, and store POR output documents. The
Agency is responsible for the correct and legal dissemination and use of all data and rewrds it receives.
D) DPS will log all transactions of the POR Database. DPS will maintain these logs for at least one year from the
date of the transaction.
E) An individual's right to review and challenge his/her own record is an integral part of the system. Agency will
requ've appropriate identification, including fingerprinting, of the individual before any POR information is
disseminated to the individual. The originating agency may verify that fingerprints associated with the record
on file are those of the individual to verify that he/she is who he/she purports to be.
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In PERSONNEL
A) Agency a�ees to conduct cruninal history checks on all Agency employees who will have access to POR
information. An Agency employee who is not cleared will not have access to the POR informafion. Onl}
Authorized Employees will have access to POR information.
B) Under iu authority and supervision, Agency will screen all personnel who have access to any of the
interconnect equipment. This screening will also apply to all maintenance personnel, connact technical
personnel, and other individuals having unescorted access to any of the interconnected equipment.
C) Agency may promulgate policies and procedures d'uected towazd protection, security, and dissemination of the
data.
D) In the event of an emergency related to an individual's health or well being, an Authorized Employee must
accompany those persons answering the emergency call if the event is locafed in an azea where security of the
CJDN and its associated data system could be compromised.
E) An Authorized Employee must escort casual visirors or those on tour of the Agency in areas where the
equipment is located and is responsible for their presence at all times.
F) Agency aa ees to initiate, at the request of the DPS, disciplinary acuon, up to and including teanination of
personnel having access to POR systems, where such persons violate the provisions of this a�eement or other
security requirements established for the collection, storage, or dissemination of POR information. Agency
will assist in the criminal prosecution of such individuais when Federa] or Siate ]aws have been violated.
G) DPS will provide system training to personnel assigned by Agency receiving POA information. Training may
be in the form of a formal class, computer based training, or self-study guide.
H) APS will provide documernation ancUor manuals on the correct use of the POR Database for users. Agency
will disseminate the documentation or manuals to all of its employees who utilize the POR Database. Agency
will maintain this documentation and/or these manuals in a secure manner.
III) DATA/INFORMATION
A) DPS and Agency will detemrine the accesses Agency will be allowed. Agency may request additional
accesses. Agency agrees that the decision of DPS as to what information will be made available to Agency is
final.
B) Agency must verify data and information that Agency receives from the POR Database with the originating
agency before acting upo� it.
C) Agency must abide by the Minnesota Data Practices Act and applicable Federal Statutes in its access, use,
storage, and dissemination of all data and information entered into or received from the POR Database.
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I� COSTS:
A) Network communication line costs fall under the CJDN Access Ageement.
B) All maintenance costs for Agency owned equipment is the responsibiliry of Agency.
� ADDITIONAL TERMS
A) Agency must provide adequate physical security to protect against any unauthorized personnel gaining access
to the computer equipment or to any oF the stored data for all electronic equipment that is interconnected to the
CJDN. This includes equipment provided by the DPS and Agency and equipment acquired from any other
source. Failure by Agency to provide adequate security will warrant the removal of the equipment from
accessing the POR Database and the CJDN network.
B) Agency must keep all rooms containin� interconnected equipment locked from exterior enffy at all times.
C) Agency agrees ro regazd tampeting with, or attempting [o compromise security as serious offenses resulting in
Agency taking disciplinazy acuon against individuals involved in such offenses.
D) Agency will have no "dial-in" lines into the Agency's Multiple Access Computer unless that access conforms to
DPS Secwity Policy as outlined in the CJDN Access Agreement.
E) Either DPS or Agency may propose changes ro this agreement. The modifications will not become effective
until DPS and Agency fully execute an addendum or amendment ro this agreement.
F) This agreement will become effective on June 1, 2002, or upon the date that the final required signature is
obtained by DPS, pursuant to Minn. Stat. § 16C.05, Subdivision 2, whichever occurs later, and shall remain in
effec[ undl May 31, 2007, or until all obligations set forth in this a�eement have been satisfactorily fulfilled or
the agreement has been canceled, whichever happens first.
G) Either DPS or Agency may, upon 90 days written notice, temunate this agreement.
H) Agency is responsible for the cost of all facilities, devices, or equipment set forth in this agreement which
contribute to the security and safety of the CJIS System within the Agency.
I) The Agency agrees that designated DPS employees will have the authority to audit, monitor, and inspect all
procedures and facdities established pursuant to this agreement. This will include DPS's right to attempt io
breach Agency's security as it relates to the provisions of this agreement.
J) Agency shall indemnify, save, and hold DPS, its representatives, and its employees harmless from any and all
claims or causes of action, including all attorneys' fees incurred by DPS, azising from the perfoanance of this
agreement by Agency or Agency's employees, agents, or subcontracrors. This clause shall not be construed to
baz any legal remedies Agency may have for DPS failure to fulfill its obligations pursuant to [his agreement.
Agency's liability shall be govemed by the provisions of the Mu�icipal Tort Claims Act, Minnesota Statutes §§
466.01-466.15 and other applicable law.
K) DPS and Agency will abide by all present and future rules, policies, and procedures adopted by DPS or the
NI.ETS Boazd of D'uectors, or as approved by the FBI-NCIC Policy Board and adopted by FBI-NCIC. DPS
will propose no changes in the mles, policies, and procedures adopted by it without notice to all agencies and
provision of a 30 day period in which an agency can submit written comments to DPS.
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L) If Agency provides POR information access and/or services to another agency, it must have a written
agreement with that agency. Agency mus[ provide a copy of the aa eement and any amendments [o DPS.
This does not prohibit Agency from providing information, on a one-time basis per case, to another Law
Enforcement Agency that is conducting an investigation in Agency's jurisdiction.
M) The books, records, documenu and accounting procedures and practices of Agency and its employees,
agenu or subcontractors relevant to this aa eement shall be made available and subject to examination by
DPS, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum
period of six years from the end of this an eement.
Vq MANAGEMENT CONTROL
Tf Agency dces not own and/or operate its own equipmen[, it must have a Management Control Agreement with the
entity providing the service which, at a minimum, mus[ include the followin�,:
A) The ability of Agency to set and enforce priorities for the system usage, which includes the CTDN funcdons
having the highest priority on the system.
B) Agency will have the right to screen for employment in azeas where the equipment is located or the system is
maintained and reject all persons who do not meet the security screening requirements.
C) The entity providing service ro Agency will a�ee to and abide by all the requirements of the POR Database
Access Ag eement and all of its amendments and successors.
VII) DEFIIVITIONS
A) Authorized Employee. An employee who has been granted clearance by Agency thereby allowing aceess to
POR information. Agency, in granting the cleazance, must have done a criminal history check on the
employee.
B) Criminal Justice Agency. This will have the same meaning as contained in Minnesota Statutes, Chapter
299C.46, Subdivision 2, or subsequent State law or regulations which may supersede Minnesota Statutes,
Chapter 299C.46, Subdivision 2.
C) POR information. The digital images and corresponding data elements transmitted to the POR database.
D) Criminal Justice Data Communication Network. The network, including the equipment, circuits, facilities,
procedures, agreements, and organizations thereof, for Ihe collection, processing, preservation, or
dissemination of criminal justice information, and may include related systems that directly conh to the
criminal justice informa[ion system.
E) Authorized Aceess Device. A device in a user agency which, by virtue of a signed contract with Department of
Public Safery, is allowed access to the criminal justice information systems.
F) Casual Visitors. Persons who have irregulaz access to the Data Center.
G) Computer Cemer. The specific location(s) of all computers and associated equipmem including temunals and
printers, upon which criminal justice informaGon is processed.
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I� Data Center. The total physical space(s), inclusive of the computer center, where criminal justice informa[ion
systems aze developed, maintained, or operated.
I) Management Control. The authoriry to set and enforce standazds for the selection and temunation of
personnel, and for policy goveming the operation of computers, telecommunications devices, and circuiu used
to process criminal jastice information insofaz as the equipmeni is used to process, store, or transmit the
information. Management control includes the supervision of the systems desia , progammin�, and operating
procedures for the development, modification, maintenance, and processing of computerized criminaljustice
information either as a function by itself or with other non-cruninal justice applications.
,n Multiple Access Computer. An electronic device Ihat has mul[iple input and/or output units such as tem'unals
and printers, or is attached to or part of a network that has multiple devices or computers on it. This does not
include stand alone micro computers.
K) NCIC (National Crime Information Center). A division of the Federa] Bureau of Investigafion of the U.S.
Depazhnent of Justice which maintains a nationwide computerized informa6on system established as a service
to all criminal justice agencies - local, state, and federal. NCIC's main purpose is to assist the criminal jusuce
organizations in perfomung the'v duues by providing a computerized filing system of accurate and timely
documented information, readily available to each criminal justice organization.
L) NLETS (National Law Enforcement Telecommunications System). NLETS is an incorporated, non-profit
organization whose purpose is to provide a naponwide criminal justice data communications system.
M) Permanent Visitors. Persons having regulaz access to the Data Center but who are not Authorized Employees.
This term shall include conVact and vendor personnel who have access to the Data Center.
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VIII) ACKNOWLEDGMENT
As the individual responsible for Agency, I hereby aclmowledge the responsibilities and duties set forth in this
a�eement as well as in those documents incorporated by reference. I acicno�ti led�e that these responsibilities and duties
were developed and implemented to ensure the reliability, confidentialiry, accuracy, timeliness, and completeness of
POR information. I further acknowledge that failuce of this Anency to comply �3ith [hese duues and responsibilities will
subject this Agency to various sanctions, including the termination of access to POR information.
1. AGENCY
AGENCY certifies that the appropriate person(s) have executed
this agreement on 6ehalf of the AGENGY as required by
applicable articles, bylaws, resolutions, or ordinances.
By:
Title: Chief of P�lice
Date: ``
By:
TltI6: City Attorney
Date
4. ATTORNEY GENERAL
Approved to sign on behalf of the
and execution:
By:
Date:
as to form
2. DEPARTMENT OF PUBLIC SAFETY
(with delegated authority)
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Title:
Date
3. DEPARTMENT OF ADMINISTRATION
�
Date:
e
Title: Director, Financial Services
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