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Home My WebLink About1995-165 User Agrmt - LEDSLAW ENFORCEMENT DATA SYSTEM USER AGREEMENT PARTIES TO THE AGREEMENT The parties to this agreement are: (1) The Department of Oregon State Police, Law Enforcement Data System Division (hereinafter called LEDS); and the agency identified below (hereinafter called User Agency). (2) ORO15013A LR MFA 18553 JACKSON COUNTY DISTRICT ATTORNEY 71~ W ~OTH ST MEDFORD OR 97501 III. PURPOSE OF TIll: AGREEMEN [ Thc purpose of this Agreement is to ensure that the User Agency understands and agrees to adhere to the rules, policies and procedures for the use of the Oregon La~ Entbrcement Data System (LEDS), the National Crime lnfom~ation Center 0NCIC) and other systems accessed via LEDS NCIC policy requires that such an agreement be in effect beu, veen a State system and any user agency with access to NCIC This requirement is also included in LEDS Administrative Rules. COMPLIANCE'AUDITS. From t/me to time LEDS '~ill andit the User Agency for compliance with this Agreement The User Agency agrees to make available , to LEDS and to NCIC, all those facilities, files, data and other records reasonably necessary and pertinent to the conduct of any audit scheduled or requested by LEDS or NCIC. The User Agency shall also cooperate fully, and ensure the full cooperation of it's officers, employees and agents, in the conducting of any audit. Such cooperation shall include the User Agency's officers, agents and employees responding to questionnmres and to interviews if requested by LEDS or by NCIC. The User Agency shall bear it's osvn costs and expenses sustained by it in cooperating x~4th any audit. -1- INCORPORATED DOCUMENTS. The following documents are incorporated into this Agreement by reference. The User Agency agrees to adhere to the roles, policies and procedures specified in these two documents. Oregon Administrative Rules (OAR 107-50-000 through OAR 107-50- 050), governing use of the Law Enforcement Data System B. The LEDS Operating Manual. TIMELINESS OF RECORD ENTRY The User Agency agrees to enter records into LEDS and NCIC promptly, to ensure maximum system effectiveness Timeliness for various files is defined below. Wanted Persons: A timely entry in the wanted person files means ontO' made immechately after thc decision to arrest or to authorize arrest has been made. and after the decision has been nmde as to whether and ho~ far to go fbi extradition Vehicles, Boats~ Parts~ License Plates: Timely entry of stolen or felon.,,, motor vehicles, boats, parts and license plates means entry made immediately upon receipt and verification of the inforrmttion with thc x4ctim or other responsible part5.' and x~4th thc appropriate motor vehiclc or boat registration agency, if possible. Guns~ Articles~ Securities: Timely entry of stolen guns, articles or securities means entry within twenty-four (24) hours of the time x~hen complete information is available. Missinl~ Persons~ Unidentified Persons, Persons of Interest and Restraining Orders: Timely entry of missing persons, unidentified persons, persons of interest and restraining orders means entry. inunediately after the decision has been nmde that the record qualifies for entry. TIMELINESS OF RECORD REMOVAL The User Agency agrees to remove it's records in a timely manner. Timely removal of a record from file means an mediate removal once a fugitive has been arrested or is no longer w. nted, or when an item of property has been recovered, or when a missing person has been located, etc. -2- VI~. TIMELINESS OF INQUIRY. The User Agency recognizes the timeliness of system inquiries is important for the promotion of justice and the safety of law enforcement officers and the public. Timeliness of inquiry means initiation of the inquiry before a police officer begins writing aa arrest or citation document of any k/nd, inquiry prior to the release of a person who has been incarcerated, inquiry upon those who appear at a custodial facility to visit impute, etc. VIII. RECORD VALIDATION The User Agency agrees to regularly validate and confirm records it has eaxtered into LEDS and NCIC are complete, accurate and ~ outstanding o~ active, following the procedures specified in the LEDS Operating Manual. COMPLETENESS AND ACCU~L&CY The User Agency agrees to maintain ifs records in LEDS and NCIC in a complete and accurate status, and to use all appropriate information available when making system inquiries. Complete entries include ali applicable information available about the person or property at the time of the entry. The validation process should include a review of whether additional information has become avallable which should be added to the ori~rml entry. Complete in~uircs include all avmlable identifying numbers (social security, passport, driver's license number, VIN, license plate, serial numbers, owner applied numbers, etc.) as well as all known names and alias names used by a suspect. NCIC policy regarding accuracy of records entered into NCIC requires that entries be double-checked by a second party. Examples of such verifiCanon includes assmang appropriate cross-checks (VIN/License numbers, namegdrivef$ license numbers, etc.) were made, and data in the record matches the data in the investigative report or other source documents. A record in LEDS or NCIC files must be mod/fled or removed promptly upon finding hffurr,ation ix~ ;he rec~id is intel*eot cr invalid, X. TEN-MINUTE HIT CONFIRMATION The User Agency agrees to adhere to the LEDS & NCIC continuation policy. LEDS and NCIC policies require the originating agency of a record, or a designated alternate agency, be available twenty-four (24) hours a day to confirm inquiry "hits". Upon receipt of a hit confirmation request from another agency, the ori~nating agency or it's designated alternate must, wii'hin ten (10) minutes for 'URGENT" hit confirmation, or 1 hour for "ROUTINE" hit confirmation, furnish to the requesting agency a substantive response. This meaa~ a positive or n ~egafive confirmation or notice of the specific amount of time necessary to confirm the status of the record. -3- LEGAL RESPONSIBILITIES FOR RECORD ENTKIBS AND INFORMATION ACCESS AND DISSEMINATION The'User Agency agrees it shall be legally responsible, az betwe~m LEDS and other user agencies and the User Agency, for the accuracy and completeness of it's records in LEDS and NCIC, the timeliness of ent~ and removal of records fi-om the syste~ and for adhering to system security and information access and dizsemlnaiioa requirements. This paragraph pertains only to the relative rights and responsib/lities of LEDS and user agencies and does not constitute an undertaking of any duties with respect to third parties. Xll. STANDARDS AND SANCTIONS The User Agency agrees to establish and maintain security $tandards, aud/t standards and personal training standards adequate to ensure system security and the accuracy, completeness and t/meliness of entries consistent with this Agreement and the stzndards established th the incorporated doeu. ments (Part IV). The User Agency shall comply promptly with all directives of NCIC or LEDS regarding actions designed to assure compliance by the User Agency with the standards referenced in this part. LEDS shall have the discretion to require the User Agency's comphance with the standards by taking such action as the circumstances of non-compliance or risks of non-compliance require in the particular case. Remedial action that may be required by LEDS may include, but is not lirmted to, infornml verbal requests for curative action by the User Agency, letters requiring curative steps to be taken by the User Agency and specifying a reasonable time for the accomplishment of those steeps, or requirements for the review or monitoring of the User Agency's operations. LEDS is also authorized to impose sanctions for non-compliance with the standards contained or incorporated by reference in tiffs Agreement, and for any failure or refusal to take corrective action. The nature and scope of the sanctions shall be at the sole discretion of LEDS. The authority to impose sanctions shall include authority to impose probationary terms and periods, and ultunately extends to temporarily or permanently disabling the User Agency's terminal access or terrmnatlng this ~enI on ~uch notice ~ re.a5 be d~e.d reasor"able by LEDS. XIII. TERM AND TERMINATION This Agreement shall become effective on the date of execution by the last pa~. indicated below and shall extend until June 30, 1997, unless sooner terminated by mutual consent of the parties or by one party on no fewer than thirty (30) days written notice. This Agreement may be extended for an additional term, not to exceed two (2) years, by letter of extension signed by both parties no fewer than fourteen (14) days prior to the termination date. User Agency Jackson County District Attorney Agency Name LEDS Department of State Police Law Enforcement Data Svstcm Agency Name Mark Huddleston Name of Person Signing Name of Person Signing District Attorney Title Title 6/7/95 Date Date -5-