HomeMy WebLinkAboutSan Jose - MOU for CAL/GANG Database SystemMUTORY COPY FOR X4-2 ES L ��
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF GILROY POLICE DEPARTMENT
AND
CITY OF SAN JOSE
POLICE DEPARTMENT
o�a9� g9
THIS MEMORANDUM is made and entered into this day of
�eCISWby and between the CITY OF SAN JOSE, a municipal corporation thr gh its Police
Department (hereinafter "SJPD "), and the City of Gilroy, a chartered California Municipal
Corporation (hereinafter "End User Agency").
RECITALS
WHEREAS, SJPD and End User Agency desire to establish working understanding of the
respective roles and mutual responsibilities assigned to and between the End User Agency
and the SJPD relative to the operation of the CAUGANG database system, and the
maintenance and operation of all associated communications, application software and
hardware; and
WHEREAS, the City of San Jose has designated the San Jose Police Department as
involved agency;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1. PURPOSE
The purpose of this memorandum is to establish the criteria for participation in the
Cal /Gang Regional Node within the four county region consisting of:
Santa Clara
Santa Cruz
San Benito
Monterey
The SJPD Node will provide database repository for Criminal Street Gang membership.
CAUGANG End User Agreement Page 10f 7
SECTION 2. DURATION.
The term of this memorandum shall be from the date of execution to June 30, 2000 at which
time it will automatically expire unless extended by another written agreement.
SECTION 3. TERMINATION.
This memorandum may be terminated by either party upon 30 days written notice.
SECTION 4. INTELLIGENCE DATABASE.
The End User Agency that is authorized as a node source will input into the standard
format compatible with all CAL/GANG nodes and the centralized database.
Documents from which information was entered into the database shall be retained in their
original form and be available for use as evidence by each local participating. agency for
court purposes.
SECTION 5. END USER RESPONSIBILITIES.
The End User Agency accepts the minimum standards, as established by the California
Gang Node Advisory Committee (CGNAC), as binding when connecting to any and all
CAL/GANG Nodes to which the End User Agency has been granted access. End User
Agencies shall maintain data in conformance with and subject to all applicable laws, rules,
and regulations pertaining to the collection, storage, and dissemination of criminal
intelligence information.
End User Agency may establish independent policies and procedures relative to the
operation of their CAUGANG systems as addend. a to this document, with the approval of
the Node Administrator. However the following MINIMUM REQUIREMENTS must be
observed.
1. Criminal Street Gang Member Submission Criteria
Criminal Street Gang Defined:. Any ongoing organization, association, or
group of three or more persons, whether formal or informal, having as one of
its primary activities the commission of one or more of the criminal acts
enumerated in paragraphs (1) to (23), inclusive, of subdivision (e), having a
common name or common identifying sign or symbol, and whose members
individually or collectively engage in or have engaged in a pattern of criminal
gang activity. ( California Penal Code Section 18622 subdivision (e),
paragraphs (1) to (23) list the 23 criminal offenses a criminal street gang
member must commit to meet this definition).
Criminal Street Gang Member Submission Criteria
C-1 When an individual admits membership to a criminal street gang.
CALIGANG End User Agreement Page 2 of 7
C -2 When a reliable informant identifies an individual as a criminal street
gang member.
C -3 When an informant.. of previously untested reliability identifies an
individual as a criminal street gang member, and it is corroborated by
independent information.
C-4 When the individual resides in or frequents a particular gang's area,
affects their style of dress, use of hand signs, symbols, or tattoos, or
maintains ongoing relationships with known criminal street gang
members and where the law enforcement officer has reasonable
suspicion that the individual is involved in gang related criminal
activity or enterprise.
C -5 When an individual has been arrested in the company of identified
criminal street gang members for offenses which are consistent with
gang activity.
Agencies entering information into the system on individuals shall maintain
documentation which adequately supports each entry.
2. Affiliate Submission Criteria
The affiliate information is entered for the purpose of providing further
identification, through an established relationship, of an existing (CAL/GANG
system) criminal street gang member. There are two separate submission
criteria established for entry of affiliates into a criminal street gang member's
record. It is mandatory that one of the following criteria be present:
A-1 When an active criminal street gang member with a CAUGANG
number is known to affiliate with other known criminal street gang
members.
A -2 When the individual is known to affiliate with active gang members
and the law enforcement officer has established there is a reasonable
suspicion the individual is involved in criminal activity or enterprise.
The officers' belief must be premised upon reasoning and logic
coupled with sound judgment, which is based upon law enforcement
experience rather than a mere hunch or whim..
SECTION 6. SECURITY.
Equipment must be located in a secure location to prevent vandalism, sabotage, and to
preclude unauthorized access.
Use of the system is limited to law enforcement and non -swum personnel who have been
subject to security clearance by the parent law enforcement agency.
CAL/GANG End User Agreement Page 3 of 7
SECTION 7. ACCESS REQUIREMENTS.
Only those individuals who have been properiytrained by a certified CAUGANG-Trainer in
the use of the CAL/GANG system and the related policies and procedures will be allowed
access to CAUGANG information.
SECTION 8. DATA DISSEMINATION.
Recipient of information must have a need to know and right to know in performance of a
law enforcement function.
SECTION 9. REVIEMPURGE.
Information will be maintained in the CAUGANG System for 5 years from the date of the
last contact that meets compliance with submission criteria. Information. not validated
within that period will be purged from the system. A record which is deemed to have been
entered in error either through challenge or, by improper validation, shall immediately be
brought to the attention of the Node Administrator for purging.
SECTION 10. UNAUTHORIZED DISCLOSURE.
To the extent permitted by law, users of the CAUGANG system are prohibited from
unauthorized disclosure of any and all-data, training materials, operations manuals, user
guides and user manuals. These materials are, by opinion of the California Attorney
General, generally exempt from disclosure under the Califomia Public Record. s Act. Users
who receive requests for information concerning the CAVGANG system or data stored
within the system, under the Public Records Act, must notify their local Node Administrator
to provide information regarding the nature and extent of the.request.
SECTION 11. SANCTIONS.
The California. Gang Node Advisory Committee is responsible for overseeing system
discipline and conformity with rules, regulations and operating procedures. Violations of
any laws, rules, regulations, or operating procedures by CAL/GANG system users may
result in any of the following sanctions.
Letter of censure
Suspension of service: This may be for varying lengths of time and /or may
include suspension for specified database or system services.
Removal of serviceldisconnec Lion from system.
CALIGANG End User Agreement Page 4 of 7
SECTION 12. NODE.AGENCY SPECIFIG REQUIREMENTS.
Access Requirements: The recommended browser is Netscape Communicator Pro which
must be supplied by the End User Agency. Earlier versions of Netscape Navigator
currently operate with the CAUGANG System, however may not work with future
enhancements. Microsoft Internet Explorer 3.0 or higher will also work as a browser.
Photo Input Guidelines: All photos to be entered in the CALIGANG System must be
obtained in compliance with applicable Iocal/stateffederal guidelines and /or laws relating to
.obtaining photographs of individuals.
Acceptable sources: (with full documentation of the said source)
1) Consent
2) Booking
3) Evidence
4) Surveillance
Printed Gang Lists: Print outs should be treated with the same security level protections as
criminal offender records and information. Criminal street gang lists shall not be routinely
distributed to law enforcement officers. Misuse of printed material could result in extreme
legal ramifications for both the End User Agency and all personnel involved. Criminal
street gang lists shall not be provided to any agency. Requests for criminal street gang
lists shall be referred to the Node Administrator.
Custodian of Records: A copy of all Discovery Orders or Requests will be forwarded to the
CAUGANG Custodian of Records at the San Jose Police Department (However, the End
User Agency is ultimately responsible for responding to all Public Records Acts request
within the prescribed statutory period.)
SECTION 13. COST SHARING.
The End User Agency agrees to share the cost of administering the Regional Node.
Each End User Agency will pay the City of San Jose $1,500 on an annual basis. The
annual payment is due on July 1. The check to be made out to "City of San Jose" and
delivered to San Jose Police Department,. Gang Investigations Unit, 201 W. Mission
Street, San Jose, CA 95110
After one year of full operation, a committee with one representative from each End User
Agency will meet to assess the annual cost to each End User Agency to devise a payment
system based on usage.
SECTION 14. NOTICES.
CAUGANG End User Agreement Page 5 of 7
All notices and other communications required or permitted to be given under this
Memorandum shall be in writing and shall be personally served or mailed, postage prepaid
and return receipt requested, addressed to the respective parties as follows:
To SJPD: William M. Lansdowne
CHIEF OF POLICE
City of San Jose
201 W. Mission Street
San Jose, California 95110
To Gregg Giusiana
CHIEF OF POLICE
City of Gilroy
7370 Roseanna Street
Gilroy, California 95020
Notice shall be deemed effective on the date personally delivered or, if mailed, three
(3) days after deposit in the mail.
SECTION 15. PRIOR AGREEMENTS AND AMENDMENTS
This Memorandum represents the entire understanding of the parties as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those maters covered hereunder. This Memorandum may only be modified by a
written agreement duly executed by the parties to the agreement.
Witness the execution hereof ON THE DAY AND YEAR FIRST HEREINABOVE
WRITTEN.
APPROVED AS TO FORM:
CARL S. MITCHELL
SENIOR DEPUTY CITY ATTORNEY
"SJPD"
CITY OF SAN JOSE, a municipal
corporation
B
v I
,Nam j N I FER MAG
Itle: ASSISTANT TO THE CITY MANAGER
CAL/GANG End User Agreement Page 6 of 7
APPROVED AS TO FOILM:
By
Name:
Title iitty�Attorney
CAUGANG End User Agreement Page 7 of