Loading...
HomeMy WebLinkAbout2021 Ordinance No. 026 1 BY AUTHORITY ORDINANCE NO. 26 COUNCIL BILL NO. 23 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO STATE PATROL AND THE CITY OF ENGLEWOOD POLICE DEPARTMENT REGARDING THE SHARING OF LICENSE PLATE READER INFORMATION FOR THE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT INITIATIVE WHEREAS, the Englewood City Council may by ordinance recognize the signing of Memorandum of Understanding (“MOU”) between the City of Englewood and other governmental entities; WHEREAS, the MOU will allow the City of Englewood Police Department (“EPD”) to access shared license plate data from other law enforcement agencies to assist the department in responding to and investigating auto thefts in the City; WHEREAS, the Englewood Police Department would share its Automatic License Plate Reader ("ALPR") data with other law enforcement agencies using the Colorado ELSAG EOC; WHEREAS, the shared data between law enforcement agencies is to be used to address the rise in auto thefts in Colorado; WHEREAS, all contributing agencies are required to develop and maintain ALPR data usage policies that address privacy concerns; WHEREAS, EPD agrees to retain any ALPR records no longer than one year, unless such records are evidentiary records in a criminal or civil case, thereafter such ALPR records will be destroyed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Memorandum of Understanding between the City of Englewood, and the Colorado State Patrol regarding the sharing of Automatic License Plate Reader information for the purpose of combatting auto theft in Colorado as set forth on Exhibit A attached hereto is hereby approved by the Englewood City Council. Section 2. The Englewood Police Department’s Chief of Police is authorized to execute and City Clerk to attest and seal the said Memorandum of Understanding, for and on behalf of the City Council and City of Englewood. DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A 2 Introduced, read in full, and passed on first reading on the 7th day of June, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of June, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of June, 2021 for thirty (30) days. Read by Title and passed on final reading on the 21st day of June, 2021. Published by Title in the City’s official newspaper as Ordinance No. 26, Series of 2021, on the 24th day of June, 2021. Published by title on the City’s official website beginning on the 23rd day of June, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 26, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A P a g e l l Memorandum of Understanding Between Colorado State Patrol - Beat Auto Theft Through Law Enforcement AND The Englewood Police Department The Colorado ELSAG EOC is an initiative of the Colorado State Patrol - Beat Auto Theft Through Law Enforcement (BATTLE) to create an information sharing system designed to replicate, maintain, and share law enforcement license plate reader systems from all participating state and local public safety agencies within the State of Colorado . CONCEPT The goal of this project is to share license plate recognition data among all contributing agencies that have established this Memorandum of Understanding with the Colorado ELSAG EOC, managed by the Colorado State Patrol (CSP) BATTLE. Participating agencies will share license plate reader (LPR) information for replication to the data warehouse or as part of a central querying system hosted by the Colorado ELSAG EOC and will have the capability to query all LPR based information from around the State of Colorado which is stored within the warehouse. PURPOSE This Memorandum of Understanding (MOU) sets forth an agreement between and defines the roles and responsibilities of BATTLE and the Englewood Police Department, in implementing connectivity to the Colorado ELSAG EOC. RESPONSIBlLITIES The roles and responsibilities of CSP BATTLE in this MOU are as follows: • BATTLE will establish the Colorado ELSAG EOC as a shared information system to the benefit of all public safety agencies in the State of Colorado. • BATTLE will appoint a project manager to oversee the Colorado ELSAG EOC and implement the terms and conditions of this MOU. • BATTLE will direct the management of all obligations, responsibilities, and assets of the Colorado ELSAG EOC, including but not limited to: o Any and all contractual obligations for development, implementation, expansion, maintenance, and management of the Colorado ELSAG EOC, DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A P a g e l 2 o Ownership of any and all equipment in the inventory of the Colorado ELSAG EOC, including but not limited to servers, workstations, communications devices, routers, firewalls or other hardware, and all software in use or under development in compliance with the requirements of the Colorado ELSAG EOC. o Security and control of any data resident in the Colorado ELSAG EOC data warehouse, to exclusive Law Enforcement use as defined by the BATTLE ELSAG EOC protocol manual. o BATTLE will design and implement a governance structure appropriate to the proper operational maintenance of the Colorado ELSAG EOC, and providing appropriate levels of input to all participating agencies. o BATTLE will provide an Administrator for the Colorado ELSAG EOC to provide vetting and establishment for CSPD personnel, including authorization for the CSPD Administrator. o BATTLE will adopt Security Policies and Procedures as may be consistent with appropriate security and maintenance of the system for all participating agencies. This document shall become the governing MOU for participation in the Colorado ELSAG EOC upon ratification of the participating agencies. o BATTLE will ensure that appropriate personnel are made available as reasonably necessary to assist with development, implementation, and testing of any hardware/software solutions, as well as for any training required, for the purposes of this project. o BATTLE will assist in obtaining the cooperation of any third party contractor or vendor approved by them to provide license plate reader systems in the State of Colorado and/or internal or external technology providers (e.g. Colorado CIO / Other participating agencies / State of Colorado information technology staff) as may be reasonably necessary for the purposes of this project. o BATTLE will assist in creation of the lessons learned and final reporting and documentation of the project. The input provided by BATTLE will be utilized for future distributions and use of the system at other hosting agencies. The roles and responsibilities of the CSPD in this MOU are as follows: • The Englewood Police Department agrees to share ALPR data with other law enforcement agencies utilizing the Colorado ELSAG EOC. • The Englewood Police Department agrees to use the Colorado ELSAG EOC in compliance with federal, state and local laws, regulations and policies. • The Englewood Police Department agrees to retain all ALPR records no longer than one year from the date of the read (§24- 72-113 C.R.S.) unless such ALPR records are evidentiary records in a criminal or civil case. • The Englewood Police Department agrees to the ELSAG EOC Polices and agrees to be responsible for all authorized users identified by their agency, including vetting, training and monitoring of the users. • The Englewood Police Department maintains sole authority and responsibility for determining the actions, if any, that are appropriate for the department's information technology environment, and for implementing any changes deemed to be appropriate to the purposes of this project. DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A P a g e J 3 • The Crime Analysis Supervisor of the Englewood Police Department, or an appropriate designee, will be available, as reasonably required, to give guidance and approval to technical and non-technical requirements of this assistance project. • The Chief of Police of the Englewood Police Department will adopt the BATTLE ELSAG EOC protocol manual, which is the governing MOU for participation in CSP BATTLE, and agrees to remain in compliance with the requirements, policies, and practices as outlined therein for the duration of the CSPD's participation in CSP BATTLE. • The Chief of Police of the Englewood Police Department will appoint a representative as the agency's CSP BATTLE Project Manager who will be responsible for the overall coordination of the project on behalf of the department. • The Englewood Police Department will make reasonable accommodations for access by BATTLE staff to their facilities and license plate reader system as may be required in furtherance of this project. • The Englewood Police Department will ensure that appropriate personnel are made available as reasonably necessary to assist with development, implementation, and testing of any hardware I software solutions, as well as for any training required, for the purposes of this project. • The Englewood Police Department will assist in obtaining the assistance of any third party contractor or vendor associated with their license plate reader system and I or internal or external technology providers (e.g. county I municipal information technology staff) as may be reasonably necessary for the purposes of this project. • The Englewood Police Department will assist in creation of the lessons learned and final report of the project. The roles and responsibilities of all agencies in this MOU are as follows: • All contributing agencies shall develop and maintain an LPR data usage policy that addresses privacy concerns. Such usage policy may be derived from the International Association of Chiefs of Police publications pertaining to license plate readers. • The ownership of the data that is contributed in this system shall remain with the contributing agency. Therefore, all ownership rights are to the sole authority and responsibility of the contributing agency. The data in this system is shared by the contributing agency, for the communal use by other law enforcement and government agencies that have this signed agreement with CSP BATTLE, but shall adhere to the contributing agency's usage policy when using the contributing agency's data. All data use and handling shall comply with the current laws and statutes with respect to the data. BATTLE shall develop and maintain an LPR data retention policy that can address privacy concerns in accordance with current federal and state legislation and statutes, and may be limited by system capability. All contributing agencies shall adhere to the data retention policy until such time that the Englewood Police Department has developed their own policy. At that time, the Englewood Police Department may submit a memorandum to this MOU to address the retention of the data owned by the Englewood Police Department. Such data retention policy may be derived from the International Association of Chiefs of Police publications pertaining to license plate readers. DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A FUNDING Any costs associated with maintenance, upgrade, or changes required directly to the contributing agency's LPR system or existing computer network in order to accommodate implementation of the Colorado ELSAG EOC interfaces and replication, or costs incurred on behalf of the Colorado ELSAG EOC as a result of changes to the agency system(s) which adversely affect the Colorado ELSAG EOC replication, may be the responsibility of the CSPD. TERM BATTLE anticipates the duration of this implementation to May 1, 2021 to June 30, 2024, but may be extended at the discretion of the Taskforce Commander of BATTLE if requested by the Englewood Police Department. Such extension must be documented through appropriate addendum to this MOU agreeable to both parties. AMENDMENTS No amendment or modification of the MOU shall be valid unless expressed in writing and executed by the parties in the same manner as the execution of this MOU. ACKNOWLEDGEMENT The parties represent or warrant to each other that they have all the necessary authority to enter into this MOU and to perform their obligations hereunder. This MOU will be effective upon signature of all parties This Memorandum of Understanding will be effective upon signature of all parties. Colorado State Patrol - BATTLE 700 Kipling Street Lakewood, Colorado 80215 Englewood Police Department 3615 S. Elati St. Englewood, C0, 80110 _________________________ Signature Signature Lieutenant Colonel Barry Bratt Chief John Collins [Chief Executive Officer] Printed Name (Chief Executive Officer) Printed Name Date Date pag e I 4 DocuSign Envelope ID: 529BBDB8-D519-43BB-BB57-132260A4094A