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Home My WebLink About1995-166 User Agrmt - LEDSLAW ENFORCEMENT DATA SYSTEM USER AGREEMENT PARTIES TO THE AGREEMENT The parties to this agreement are; (1) The Departmem of Oregon State Police, Law Enforcement Data System Division (hereinafter called LI~Dil); and the agency identified below (hereinafter called User Agency), (2) 0R0150100 LR~ADP 17400 ASHLAND POLICE DEPT 1155 E MAIN STREET ASHLAND OR 97520 II. 111. PURPOSE OF THE AGREEMENT The 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 Law Enforcement Data System (LEDS), the National Crime Information Center (NCIC) and other systems accessed via LEDS. NCIC policy requires that such an agreement be in effect between a State system and any user agency with access to NCIC. This requirement is also included in LEDS Administrative Rules. COMPLIANCE AUDITS. From time to time LEDS will audit the User Agency for compliance ~xSth tiffs 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 NC1C. The User Agency shall also cooperate fully, and ensure dae- 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 questionnaires and to interviews if requested by LEDS or by NCIC. The User Agency shall bear it's own COsts and expenses sustained by it in cooperating with any audit. -1- INCORPORATED DOCUMENTS. The following documents are incorporated into this Agreement by reference. The User Agency agrees to adhere to the rules, 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. VI. 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 entry made mediately after the decision to arrest or to authorize arrest has been made, and after the decision has been made as to whether and how far to go for extradition. Vehicles, Boats~ Parts~ License Plates: Timely entry of stolen or felony motor vehicles, boatS, parts and license plates means entry made immediately upon receipt and verification of the information with the victim or other responsible party and with the appropriate motor vehicle 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/he time when complete information is available. Missing Persons~ Unidentified Persons~ Persons of Interest and Restraining Orders: Timely entry of missing persons, unidentified persons, persons of interest and restraining orders means entry immediately aRer the decision has been made that/he 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 fi.om file means an immediate removal once a fugitive has been arrested or is no longer wanted, or when ah item of property has been recovered, or when a missing person has been located, etc. -2- VII. TIMELINESS OF INQUIRY. Thc User Agency recognizes the time,ness of system inquiries is important for the promotion of justice and the safety of law enforcement off%ers and the public. Timeliness of inquiry means initiation of thc inquiry before a police officer begins writing an arrest or citation document of any kind, inquixy prior to the release of a persoa who has been incarcerated, inquiry upon those who appear at a custodial facility to visit inrnut~, etc. VIII. RECORD VALIDATION Tho User Agency agrees to regularly validate and confirm records it has entered into LEDS and NCIC are complete, ascurate and still outstanding or active, following the procedures specified in the LEDS Operating Manual. IX. COMPLETENESS AND ACCURACY Thc User Agency agrees to maintain it's records in LEDS and NClC in a complete and accurate status, and to use all appropriate information available when making system inquiries. Complete entries include all 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 available which should be added to the ori~nu! entry. Complete .inquires include all available 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 verification includes assuring appropriate cross-checks (VIN/License numbers, nameJdrivefs 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 modified or removed promptly upon flndin~ hfformation in the record is incorrect or invalid. X. TEN-MINUTE HIT CONFIRMATION The User Agency agrees to adhere to the LEDS & NCIC confirmation 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, thc originating agency or it's designated alternate must, within ten (10) minutes for 'URGENT" hit confirmation, or 1 hour for "ROUTINE" hit confirmation, furnish to the requesting agency a substantive response. This means a positive or negative confirmation or notice of the specific amount of time necessary to confirm the status of the record. -3- The User Agency agrees it shall be legally responsible, as between LEDS and other user agencies and tho User Agency, for the accuracy and completeness of it's records ia LEDS and NCIC, tho timeliness of entry and r~moval of records fi~om th~ system, and for adhering to system security and information access and dissemination requirements. This paragraph pertains only to thc relative rights and responsibilities of LEDS and user agencies and does not constitute an undertaking of any duties with respect to third partie~. XII. STANDARDS AND SANCTIONS The User Agency agrees to establish and maintain s~'urity standards, ~ staxldards and personal training standards adequate to easm~ system security and tbe ac~raey, completeness and timeliness of entries cansistent with this Agreament and the standards established in tho incorporated documents (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 compliance with the standards by taking such action as the circumstances of non-compliance or risks of non-eompllance require in the particular case. Remedial action that may be required by LEDS may include, but is not limited to, informal 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 steps, 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 ia this 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 ultimately extends to temporarily or permanently disabling the User Agency's terminal access or terminating ~ Agreement on seth notice as may be deemed reasonable by LEDS. XIII. TERM AND TERMINATION This Agreement shall become effective on the date of execution by the last party, 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 Agency Name LEDS Department of State Police Law Enforcement Data System Agency Name son SigningName ~te ~ Name of Person Signing Title Date -5-